FIRST11

TERMS AND CONDITIONS FOR USING THE FIRST 11 APPLICATION


  1. §1 General provisions
    1. These FIRST11 Application Regulations (hereinafter: "Regulations") specify the terms and scope of use of the FIRST11 application intended for use on mobile devices and stationary devices (hereinafter: "Application") and constitute regulations within the meaning of art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219).
    2. The owner of the Application, as well as the service provider provided through the Services Application, is First 11 joint-stock company with its registered office in Kraków at Longinusa Podbipięty 29B, 31-980 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under the number KRS 0000682883, holding NIP 675-159-65-74, REGON 367549440 (hereinafter : "Service Provider").
    3. Contact with the Service Provider is possible via e-mail at the following address: office@first11.co.
    4. Services provided by the Service Provider are addressed to natural persons with at least limited legal capacity, who, through the Application installed on a mobile device or via a desktop device, use the functionality offered by the Application (hereinafter: "User").
    5. Services provided through the Application include in particular:
      • user data registration;
      • maintaining a User Account;
      • analysis of recorded data;
      • presenting achievements;
      • analysis of current and historical achievements;
      • verification of progress with the goals set;
      • publishing and the ability to view published posts in the network of observers;
      • creating and opportunities to participate in created teams;
      • creating and opportunities to participate in organized events;
      • the ability to observe profiles of other Users;
    6. Downloading the Application for mobile devices is possible through the online store: App Store (for iOS) and Play Store (for Android). Using the Application on a stationary device is possible via the website https://app.first11.co .
    7. Conclusion of a contract for the provision of electronic services by the Service Provider as part of the use of the Application follows the registration of the User in the Application.
    8. The User is obliged to cover his own data transmission costs necessary to download, install, run and use the Application on a mobile or stationary device.
    9. The application and all content contained therein, as well as logotypes, graphic elements and trademarks, are the subject of exclusive rights of the Service Provider and are subject to legal protection. At the time of downloading the Application, the Service Provider grants the User a license to use it in accordance with the intended purpose. The license granted does not authorize the User to grant further licenses. The User is not authorized to multiply, sell or introduce the Application or its fragments to the market in any other way.
  2. §2 Technical requirements for access to the application
    1. To use the Application it is required to have a mobile device that meets the technical requirements indicated in point 2.2.1. or a desktop / laptop computer meeting the technical requirements indicated in point 2.2.2.
    2. In order to properly start and use the Application, the device must meet the following technical requirements:
      1. for a mobile device:
        • active internet connection;
        • active GPS service;
        • active Low Energy Bluetooth module
        • for the version of the Application downloaded from the App Store - iOS version minimum 10.3 or for the version of the Application downloaded from the Play Store - Android system version minimum 5.0;
      1. for a desktop / laptop:
        • active internet connection;
        • On computers with the Windows 7, Windows 8.1, Windows 10 operating system, the following browser is available:
          • Google Chrome - the latest stable version
          • Mozilla Firefox - the latest stable version
          • Microsoft Edge - the latest stable version
        • On Apple computers with the Mac OS operating system, you need to have the following browser:
          • Apple Safari - the latest stable version
        • Browser configuration requirements:
          • enabled cookies
          • JavaScript enabled
  3. §3 User registration
    1. Registration in the Application is voluntary and free.
    2. For the purposes of registration, the Service Provider provides a registration form.
    3. Registration takes place through:
      1. supplementing the required data provided in the registration form:
        • name;
        • surname;
        • e-mail address;
        • password containing at least 8 characters;
      2. acceptance of the Regulations;
      3. consent to the processing of personal data for registration purposes;
      4. confirm the entered data with the "Register" button or its equivalent in another language.
    4. The user has access to the data entered and the ability to edit it at any time.
    5. Completion of the registration form can also take place in an automated manner using the User's account maintained via Facebook, however, such integration is not necessary to use the Application. In this case, registration is done by redirecting to Facebook, while using the User's access data to Facebook. If this method of registration is used, the Account is linked to the User's profile on Facebook. The user may at any time remove integration with the Facebook website.
    6. Each time you log in to the Application, you accept the contents of the Regulations in the most current version, available at the website http://first11.co/terms-and-conditions.html or in the Application.
    7. The User has the option to delete his Account at any time.
  4. §4 The rules of using the application
    1. Users are required to use the Application in a manner consistent with applicable law, the Regulations and regulations of the shops from which the Application has been downloaded, as well as the rules of social interaction, including the general principles of using the Internet and mobile applications.
    2. Users are required in particular to:
      1. use of the Application and the Device in a way that does not interfere with its functioning;
      2. use the Application and Device in a manner that is not inconvenient for other users and the Service Provider, respecting the personal rights of third parties and any other rights they have;
      3. use of all information and materials made available through the Application only for the purposes of fair use.
    3. The User acknowledges that the use of software blocking the display of advertisements may adversely affect the way of using the Application. It is completely forbidden to use by the User under the Application viruses, bots or other codes, files or programs that may interrupt, breach or limit the ability to use the Application.
    4. Users are obliged to immediately notify the Service Provider of any violations of their rights in connection with the use of the Application.
  5. §5 Responsibility of the service provider
    1. The Service Provider conducts ongoing supervision over the technical functioning of the Application, ensuring its correct operation.
    2. The User uses the Application voluntarily, under his own responsibility and should ensure the correct operation of the Application to the extent that it is dependent on the User (eg proper functioning of the mobile device, the use of settings enabling receiving current notifications from the Application, etc.).
    3. The Service Provider does not declare uninterrupted access to the Services and reliability of results obtained through the use of the Application.
    4. The Service Provider shall not be liable for limitations or technical problems in ICT systems used by Users' devices that prevent or prevent users from using the Application and services offered by it.
    5. The Service Provider informs that special risks related to the use of the Service are related to the activity of persons aiming at breaking into both the Service Provider's system (e.g. attacks on its websites) and the User. The user therefore acknowledges that despite the use of various modern technologies by the Service Provider, there is no perfect protection against the undesired actions described above.
  6. §6 Termination of using the application
    1. Users may stop using the Application at any time, in particular if they do not accept the changes introduced in the Regulations, Privacy Policy or Application updates. The cessation of using the Application requires its removal from the User's device.
    2. If it is found that the User commits activities prohibited by law or the Regulations, or violates the rules of social coexistence or affecting the legitimate interest of the Service Provider and, in particular, his reputation, the Service Provider may take all lawful actions, including restricting the User's ability to use the Application and services provided through it.
  7. §7 Complaints
    1. Complaints related to the use of the Application and the provision of Services through it should be reported to the Service Provider via email: office@first11.co
    2. Filing a complaint should include:
      • name;
      • surname;
      • e-mail address;
      • the name and model of the device on which the problem occurred;
      • the name and version of the operating system of the device for which the problem occurred, the version of the operating system should be given in the most detailed way;
      • description of the complaint subject;
    3. Within 14 days of receipt of the complaint, the Service Provider will consider the complaint and inform the User, by e-mail, about the method of its consideration. In the situation where the data or information provided in the complaint need to be supplemented, the Operator asks before completing the complaint to the User to complete it. The time of providing additional explanations by the user extends the complaint handling period.
  8. §8 Final provisions
    1. In matters not covered by the Regulations, generally applicable provisions of Polish law apply, in particular the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219, as amended), Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2016, item 926 as amended) and the Act of 23 April 1964 Civil Code (Journal of Laws of 2017, item 1132, as amended) with the exception of services involving consumers - to the extent that the protection of consumer rights is provided by separate provisions.
    2. The Service Provider may at any time change the provisions of the Regulations. The User will be informed about the change in the Regulations at least 7 days in advance to the e-mail address provided during registration as well as via the message in the Application. The changes are valid from the moment indicated in the notification about the change in the Regulations.
    3. If the User considers any changes to the Regulations to be unacceptable, he is obliged to cease using the Services immediately. The continued use of the Application after the amendments come into force is considered as acceptance of the amended version of the Regulations.