These Terms of Service ("Terms") govern your access to and use of our websites, mobile applications, and related online services (collectively, the "Services") provided by Igor Pieńkowski Software ("Company", "we", "us" or "our"). By creating an account or otherwise using the Services after being informed of these Terms, you enter into a binding agreement with us. These Terms incorporate our Privacy Policy by reference.

1 Services

Company will make the Services available to customers based on these Terms of Service.

Upon your acceptance of these Terms, Company grants you a non-exclusive, limited, non-assignable, and non-sublicensable license to use the Services only in accordance with the selected functionalities (the "License"). The License is granted for the duration of the contractual relationship between Company and you and applies to all general updates, maintenance, or free of charge upgrades of the Services.

The License automatically terminates upon the expiry of your paid subscription or, for free Services, when you permanently cease using the Services. For the avoidance of doubt, uninstalling the mobile application from your device does not terminate your payment obligations for any active Paid Services.

2 Forbidden Actions

You are prohibited from the following actions:

  • Sell, sublicense, rent, lend, or in any other manner distribute the Services or any intellectual property rights therein
  • Use or access the Services in violation of any applicable law or intellectual property and/or personality rights of third parties
  • Use or access the Services in a manner that threatens the security or functionality of the Services
  • Create, collect, transmit, store, use, or process the Services in a manner that violates any law or infringes the intellectual property or other rights of any third party
  • Reverse engineer, modify, decompile, or disassemble the Services or any portion thereof
  • Tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the Services
  • Upload into the Services malware or any files that contain corrupted files, viruses, or any other programs that may damage the Services
  • Remove or obscure any proprietary notices or labels in the Services, including brand, copyright, trademark, and patent notices
  • Access or use the Services for the purpose of building a similar or competitive product or service

You can use any content in the Services only for the duration of and in accordance with the License. You may neither change, reproduce, translate, distribute, publish, create, or use derivative works of, communicate to the public, or otherwise use the Services and their content.

3 Suspension of Access, Scheduled Downtime, Modifications

Company may, at its discretion, suspend your access to or use of the Services in the following cases:

  • Scheduled maintenance
  • If you violate these Terms, especially the conditions of the License, or upload illegal content
  • If the information provided by you is false or inaccurate
  • If your conduct violates any relevant laws or regulations
  • If your behavior towards Company employees, partners, contractors, agents, or other users is deemed threatening, abusive, or harassing
  • If Company needs to address emergency security concerns
  • While Company is modifying the Services

Company reserves the right to release updates, patches, and bug fixes to the Services. Company is also entitled to make any modifications or changes to the Services, including its complete inaccessibility, without any compensation, at its discretion and without prior notice.

4 User-Generated Content

By uploading any content into the Services (e.g., content uploaded under your user account such as photos, reviews, comments and other materials), you grant to Company a non-exclusive, worldwide, royalty-free and fully paid up, freely assignable and sublicensable, perpetual license to use such content as reasonably necessary to operate, provide, improve, and promote the Services.

You are solely responsible for the content that you upload to the Services. You are prohibited from advertising commercial websites or other products through your user account. You cannot create or share content that is pornographic, sexual, violent, racist, inciting violence, discriminatory, explicit, insulting, and/or libelous in nature. You must and hereby undertake to ensure that you will hold and maintain all necessary rights to the content that you upload to the Services.

Company is entitled to use your content in its original or altered form and to modify, reproduce, translate, distribute, publish, create and use derivative works of, communicate to the public or otherwise use your content to any extent and in any way necessary for the operation of the Services. Company is also entitled to use your name and image in connection with your content without any restrictions, to the extent permitted by applicable law.

Company is entitled to, at its discretion or at the initiative of a third party or competent public authority, modify, delete, or block content that is false, unlawful, misleading, defamatory, or otherwise inadmissible; includes content that incites or encourages illegal activity; is capable of damaging Company's servers or the devices of other users; or conflicts with our Terms.

In cases where you would be the provider of such content, Company reserves the right to suspend and, if necessary, delete your user account within the Services for the necessary period.

You express your explicit consent to the conditions of this Section by accepting the Terms during the registration process.

5 Services and Prices

Free Services

If you use the Services free of charge, you only have access to some basic functions and information of the Services. More functionalities are available in the case you enable custom content modules separately in return for a one-time payment or for a subscription fee. Classification of the Services as free of charge or paid may change over time based on the current functionality of the Services at a given time.

Paid Services

Certain parts of the Services are provided for a fee ("Paid Services"). Paid Services may be offered as automatically renewing subscriptions ("Subscriptions") or non-recurring one-off purchases, such as lifetime access or individual content or feature unlocks ("One-Off Purchases").

Trials

Company may offer you free trials for certain Paid Services for a specified Trial period. By providing your payment details, you initiate the Trial period and consent that automatic charging may begin for the chosen subscription on the first day following the end of the Trial period. If you do not want to accept this charge, you must cancel the applicable subscription no later than 24 hours before the Trial period ends.

Prices

The applicable price for the Paid Services will be clearly displayed to you in the Services prior to your completing the purchase. Prices may vary depending on your territory, applicable local taxes, the distribution platform, and current active promotions.

Company may change the price for Paid Services from time to time. You accept the new price by continuing to use the Services or maintaining your active Subscription after the price change takes effect. If you do not agree to a price change, you have the right to reject it by unsubscribing from the Paid Services before the change takes effect.

Lifetime Access Definition

If you purchase a "Lifetime" plan, this grants you access to the specific purchased features for as long as those features are made available by Company. "Lifetime" does not refer to the user's lifespan, but to the operational life of the purchased feature(s). Company reserves the right to discontinue the Service or specific features at any time, at which point the "Lifetime" access will terminate without refund.

6 Data Protection

We hereby agree to process any and all information, including personal data, received hereunder with due care.

We protect all personal data processed within the Services in compliance with the requirements set out in Regulation (EU) 2016/679 (the "General Data Protection Regulation") and other applicable legal regulations.

Depending on where you live, you may also benefit from additional privacy rights under local laws. For further information regarding your personal data, please see our Privacy Policy.

7 User's Account

In order to use our Services, you need to comply with all legal requirements of the country of your residence. You may only use the Services if you are at least the minimum age required in your country to form a contract with us. Our Services are not directed to children under 16 years of age.

You represent that any registration information that you provide to Shopsy is and will be true, accurate, and complete. You agree to update information in your registration if any of your information changes.

You can open a Shopsy user account via our mobile app, or by using your existing Facebook, Apple ID, or Google account. It is not possible to complete the registration without entering the data marked as mandatory. Do not use domain names or web URLs in your username.

8 Beginning of Contract

When registering on our website or installing our mobile application, the contract between you and us is formed when you click on the "Install" field and enter your password in the relevant app store, or when you complete the registration or purchase flow on our website and confirm your acceptance of these Terms.

Additional services can be purchased either by paying a one-time fee or as part of a subscription. Please note that the contract between you and Shopsy does not concern the relationship between you and the supplier (Apple, Google, etc.).

9 Payments

If you purchase our Services via in-app purchases, you will be billed by the app-store provider (Google Play, Apple App Store).

If you purchase our Services and your payment is not processed by an app-store provider, it will be processed by our external payment partners. We do not store your full payment card details.

You are responsible for providing current, complete, and accurate billing and contact information for all purchases. We reserve the right to refrain from offering certain payment methods and to specify alternative payment methods in case of a legitimate reason.

10 Cancellations and Refunds

By completing your purchase of any Paid Services, you consent to us making the digital content and functionality available to you immediately. To the maximum extent permitted by applicable law, all fees and other payments for the Paid Services are final and non-refundable, except where a refund is required by applicable law.

You may cancel your Paid Services at any time. Unless otherwise required by applicable law, cancellation will take effect at the end of your then-current subscription period. No pro-rated or partial refunds will be provided for any unused portion of the subscription period.

If you need help managing your subscription or believe you have been charged in error, please contact us at support.ipsoftware@gmail.com, including the email address used for the purchase, the platform, the approximate date and amount, and any receipt or transaction number.

Apple App Store (iOS Purchases)

Billing is processed directly through Apple. We do not have the technical ability to issue a refund for these purchases — you must do so directly via Apple.

  1. Launch the Settings app on your device
  2. Tap on your Apple ID
  3. Tap on Subscriptions
  4. Select the Shopsy subscription
  5. Tap cancel, pause, or use other options

Google Play (Android Purchases)

Billing is processed by Google. Google's refund policies apply, and refunds are handled by Google in accordance with those policies.

  1. Launch the Google Play Store app
  2. Tap on your profile icon in the top right
  3. Tap on Payments & subscriptions, then Subscriptions
  4. Select the Shopsy subscription
  5. Tap Cancel subscription and follow the instructions

11 Special Deals and Promotions

Company may, from time to time, offer deals, sales, and promotions, such as reward programs. You can stay informed of these deals via our newsletter only if you provide the necessary consent to receive such deals. The sales are normally only offered for a limited time. There are separate conditions for these deals, which are provided for purposes of information and participation.

12 Liability and Guarantees

Company makes no representations or warranties of any kind, express or implied, with respect to the Services, the License, or any related content provided thereunder, and all such materials, content, and services are provided "as is". We also make no representation, warranties of any kind, express or implied, nor do we guarantee that access to the Services will be uninterrupted or error-free.

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

13 Limitation of Liability

  • Company is the provider of the app and does not proactively control the user content published or disseminated through the Services by its users, and in no case is it responsible for such content.
  • Some user content in the Services may be sourced from third parties, and Company is not responsible for the correctness, timeliness, completeness, or any other informative value of such third-party content.
  • User content does not represent the opinions, statements, or other attitudes of Company.
  • Company does not provide, to the extent permitted by generally binding legal regulations, any quality guarantee or other guarantees for the Services.
  • Use of the Services is at your own risk, and Company is not liable for any damage, injury, loss of income, profits, damage to reputation, data, or business opportunities that may arise for you while using or in connection with the provided Services.
  • If you violate the conditions mentioned in these Terms, you are obliged to indemnify Company against any third-party claims arising from such infringement. You are obliged to provide assistance in clarifying the disputed situation. Company reserves the right to assert claims for damages and other claims.

14 Changes to These Terms

Company reserves the right to modify or replace these Terms at any time at its sole discretion. For non-material changes (e.g., typos, formatting, or minor clarifications), we may simply publish the revised Terms without direct notice to you. The "Effective Date" at the top of the Terms will be updated to reflect the change.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide a notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

15 Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Poland, with the exclusion of conflict-of-law rules.

All disputes between us and you arising out of or in connection with these Terms shall be settled primarily by mutual agreement and without undue delay. If the mutual agreement cannot be reached within 30 days, you may at any time turn to the competent general court, Polish Office of Competition and Consumer Protection or your competent local administrative public body.

16 Severability and Survival

Any provisions of these Terms found by a tribunal or court of competent jurisdiction to be illegal or unenforceable will be severed from this Agreement, and all other provisions of this Agreement will remain in full force and effect.

Notwithstanding any cancellation, expiry, or termination of these Terms, the provisions contained herein relating to confidentiality, liability, compensation for damages, license to User Generated Content, and governing law and dispute resolution shall continue to apply indefinitely, as well as any other provisions which, by their nature, remain in force after the termination hereof.