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Regulations

Last update date May 9, 2023.
 

1. Preliminary Provisions
By entering or using the Motendo.com site, related applications, email notifications, APIs, or any other service provided by us, referred to in the rest of these terms of use as "Services", you confirm that you understand and accept these terms of use ("Terms").

These Terms constitute a legally binding agreement between you and the Owner specifying the use of the Services. Please read its provisions carefully. If you do not agree to enter into this agreement, you cannot use our Services.

The owner of the service is Ajeto sp. z o.o.  with its registered office in Gliwice at Cedrowa 28, registered in the National Court Register under number 0000899585, NIP 9691646228, REGON 388870097 (hereinafter referred to as "Administrator").
Contact with the Administrator is possible at the e-mail address: office@motendo.com

 
2. Acceptance of Terms
You cannot use the Services and you cannot accept the Terms if, due to your age, you do not have full legal capacity, and also when your right to legal actions or the right to use the Services has been limited based on the provisions of the relevant law applicable in your case.
 
3. Changes to the Terms
Our Terms and Privacy Policy may change from time to time. In such a case, we will inform you about it with a proper lead time before the new Terms ("New Terms") start to apply, unless changes are related to administrative or legal matters. You agree to be informed about the New Terms by posting them on our Services, and you also accept that your use of the Services after the date the New Terms take effect (or other behavior that will indicate this) signifies your agreement to the New Terms.
 
4. Our Services
We provide you with a platform that allows you to post, edit, display, browse, search for ads, advertisements, and other online content. Although users can use our Services for communication and transactions, we do not participate in and are not a party to any transaction between users. You understand and agree that you use the Services and/or participate in these transactions at your own risk. The basic services offered by us are free, however, we may additionally offer paid products or services.
 
5. User Accounts
In order to access certain features of the Services, you may need to create an account. If you create such an account, you must provide true and complete information and use an email address that belongs to you.

You are responsible for activity on your account and agree that you will not sell, transfer, license, share, or assign the account or account rights, to another person or entity. You are responsible for securely storing your account password and data.

We are not responsible for any loss or damage incurred as a result of the use of your account or password by another person or entity, both with and without your knowledge.

You understand and agree that creating multiple accounts by one user, as well as creating accounts by one user for other people or entities, without our prior consent, is prohibited.

You may not create accounts using unauthorized methods, including the use of an automated device, script, bot, spider, crawler, or scraper.

You understand that your account may be closed at any time, especially in case of violation or intent to violate the terms of our regulations.
 
6. User Content
The Services we provide contain content from us, you, and other users. These contents ("Content") include text, software, graphics, images, photos, sounds, music, video, audiovisual content, interactive materials, and other materials available on or through the Services. Please note that Content, commonly considered as materials available only to adults, may be available through the Services and access to these Contents may only be had by adults.
 
7. Your permission to use the Services
We grant you a limited, non-exclusive, non-transferable, worldwide license to access and use the Services for personal purposes. This license is personal and cannot be transferred or assigned to another person or entity. This license allows you only to use and access the Services in the manner specified by these Terms.
 
8. Rights
You do not transfer to us any ownership rights to any Content that you post on or through the Services. Instead, you grant us only a non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute any Content that you have posted on or through the Services.

You agree that the Services may be supported by revenues from advertising and that we may display advertisements and other promotional materials on, near, in connection with your Content or on the Services.

You are responsible for the Content you post, as well as for the consequences of its posting, this also applies to the use of this Content by other people.

By posting Content on or through the Services, you declare that you are the owner of this Content or have the right to grant us the rights and licenses specified in these Terms. Additionally, you confirm that by posting Content you will not violate or infringe the rights of third parties and you agree to cover any fees and costs resulting from the posting of these Contents.
 
9. Restrictions on Content and Use of the Services
You alone are responsible for your behavior and the Content you post or display on or through our Services, as well as for any consequences that may arise from this. Advertisements can only be posted in the appropriate category and it is forbidden to post duplicates or almost identical advertisements or other Content.

It is not allowed to post on or through the Services Content:
violating or infringing the law,
harassing, intimidating, persecuting other people,
containing personal data or identifying another person without the express consent of that person,
discriminatory, full of hatred, illegal, false, containing pornography, obscene, offensive, aggressive, promoting violence or otherwise raising doubts,
offering counterfeit products or infringing copyrights, trademarks, or other rights of third parties,
commonly recognized as spam, distributing so-called chain letters or financial pyramids,
promoting schemes and programs rewarding users for clicking on ads, searching, browsing pages or reading emails.

You agree that in case we detect a violation of these Terms, their infringement, or if we suspect that it was your intention, we may change the category, delete or block your advertisement, Content or part of the Content.

You may use the Services only in a way that is legal and in accordance with the terms of the regulations.

The following actions are prohibited:
scanning, checking or testing our systems or networks, or security systems or authentication methods,
manipulating or gaining access to non-public parts of our Services, our computer systems or our service providers' systems,
falsifying TCP/IP packets and other parts of packets both when adding Content and in emails, as well as using the Services in such a way as to deceive, alter, or falsify information about the source,
connecting to the Services (or any attempts) in any way other than through the interfaces we publish (and only to the extent specified by these Terms), unless we have previously given written consent for such actions (indexing of the Services by indexing robots is only allowed to the extent specified in the robots.txt file, however, copying Content without obtaining our prior written consent is prohibited),
disrupting or attempting to disrupt access to the Services, servers, networks including such actions as flooding, overloading, spamming, sending computer viruses, bombing electronic mail, or creating scripts to create Content in such a way that it collides, disrupts, or excessively burdens our Services,
attempts to decipher, decompile, reverse engineer the software and code used to provide the Services,
impersonating another person or entity,
copying, displaying, collecting, reproducing, or using in any other way any Content (in whole or in part) posted by or available through our Services without obtaining our prior written consent (this also applies to the Content posted by you). If you break the above provisions, you agree to pay us 10,000 euros for each day of breaking this condition,
sending unsolicited advertising in any form,
bypassing access blocks to the Services,
collecting information about other users without their knowledge and prior written consent (this also applies to collecting email addresses and phone numbers).

You agree to receive from us, via the Services, email or phone, notifications, information and marketing messages, and you also agree to be contacted regarding services and products that we and our partners may offer.

10. Age
Our Services are intended for adults. In line with our internal policy, we do not provide our Services to persons under the age of 18. You confirm that you are over 18 years of age and can legally accept these Terms.
 
11. Paid Services
Most of our services and products are free, however, some of our additional services or products, including placing content in specific sections of the service as advertisements, highlighted ads, and other content, we may offer for a fee ("Paid Services"). If a service or product is offered for a fee, you will be informed. When making payments for Paid Services, acceptance of the payment service provider's terms may be required. You are responsible for making payments for services along with applicable taxes. We will inform you of any changes in prices of Paid Services by posting them on or through our Services.

In the event of a breach or violation of these Terms, or if there is reasonable suspicion that your intention was to breach or violate them, we reserve the right to withdraw, delete or block the Paid Service you ordered or paid for. You accept that in such cases, and also in the event of account closure, you are not entitled to a refund.

We reserve the right to suspend payment transactions for Paid Services in cases where there is suspicion that the transaction is not honest, violates the Terms, or when we believe that by doing so we can prevent financial loss.

You understand and agree that due to the nature of the Paid Services we offer, it is not possible to withdraw paid services and products, or orders that have already been processed. You also accept the fact that if you need to receive a VAT invoice, it is necessary to request this by direct contact with us and provide full invoice data before placing and paying for the order.

If you reside in the EU, you consent to the execution of ordered services and waive the right to withdrawal as specified by regulation 2011/83/EU.

You understand and accept the fact that in order to offer Paid Services, we may rely on payment services provided by third parties ("Payment Operators") and in such cases we are not responsible for payment issues that arose on the Payment Operator's side.

The costs of placing ads and their highlighting can be found in the "Price list" tab.
Additionally, the costs of other services are posted on the respective pages of those services. The amount of fees may change.

All complaints should be made by sending a notification on the contact page.
 
12. Copyright and Trademarks
The Services contain Content belonging to us or Content for which we have the appropriate licenses. This Content is protected by copyright, trademarks, intellectual property rights, international conventions, and other applicable rights. Therefore, this Content may not be disseminated, copied, counterfeited, or used, in whole or in part, without our prior written consent.
 
13. Limitation of Liability and Warranty Exclusion
The Services are provided "as is" and neither we, nor our affiliates, nor firms operating under our license can provide any warranty in relation to them.

In particular, the Operator does not guarantee that the Services will meet your requirements, or that they will be provided continuously, timely, securely, or without problems. The Operator does not guarantee that any information obtained by you as a result of using the Services will be reliable and not falsified, nor that defects in the operation or functionality of the software that is part of the Services will be corrected.

None of the provisions of these Terms affect your statutory rights as a consumer and you cannot change or waive such rights by agreement.
 
None of the provisions of these Terms limit our liability for losses, which by law cannot be excluded or limited.
We do not review Content posted by users, nor are we engaged in transactions between users. You accept and agree not to hold us responsible for the actions and Content of other users. We do not guarantee the authenticity of Content posted by other users, or communications between users, or the quality, safety, and legality of offers.

Under no circumstances are the Operator, its employees, directors, representatives responsible for direct, indirect, incidental, intentional losses or damage resulting from the use of the Services, including cases in which loss or damage is the result of inability to use the Services, our negligence, or interruption, suspension, modification, changes or termination of Services.

The limitation of liability is effective regardless of whether the Operator has been notified or should have known about the possibility of such losses or damage.

Some jurisdictions do not allow for the limitation of liability and in such a case, they will not apply to you.

Please note that the Services may contain links to websites (or other sources) of third parties. You accept that we are not responsible for the availability or accuracy of such websites or sources. Links to such sites or sources do not imply our affiliation or endorsement of such websites or sources, or endorsement of the products or services offered by these websites or sources. You understand and accept your own responsibility for using such websites and sources.
 
14. Indemnification
You agree to secure and protect the Operator (and its employees, directors, representatives, affiliates, partners, successors, service providers) from any financial claims, to cover all financial costs, including court and litigation costs, and to pay any compensation, in the event of a breach or violation by you of these Terms, rights of third parties (including copyright, trademark rights, or other intellectual property rights), or as a result of any other claims regarding losses that arose due to the Content you added.
 
15. Complaint Procedure
The User may submit complaints about the Operator's failure to perform or improper performance of the service within 14 days of the end of the Ad's broadcast or the day the broadcast should have ended.

Complaints can be submitted via electronic correspondence to the e-mail address given in the "Contact" tab or in the form of a registered letter sent to the address provided in the "Contact" tab with the note "Complaint".

The complaint should contain at least: the name and surname, e-mail address of the User assigned to the Account, URL address of the Advertisement which the complaint concerns or other data allowing for the identification of the Advertisement, emission period, circumstances justifying the complaint, as well as the User's specific demand related to the submitted complaint.

If the data or information provided in the complaint need to be supplemented, the Owner of the service, before considering the complaint, will ask the User to supplement it in the indicated scope.

The Owner of the service recognizes the complaint within 30 days from the date of receipt of a correctly submitted complaint. The User will receive information about the way of considering the complaint via electronic correspondence, to the e-mail address assigned to the Account.

16. Termination
The Terms will apply until they are terminated by you or the Operator in one of the ways described below.

You can terminate the Terms at any time by notifying us through the contact form, deactivating your account, and ceasing to use the Services. If you have an account, the notification sent through the contact form must be sent before you deactivate your account. You accept that we reserve the right to archive, store, and weigh the Content that you have added to or using the Services, and termination of the agreement does not result in limiting this right.

We reserve the right to terminate the Terms or restrict access to all or part of the Services at any time without giving a reason, both by informing you in advance and not.

Upon termination of the Terms, all licenses and other rights you have received from us cease to apply.

All provisions of these Terms which by their nature should survive termination of the Terms.

17. General Conditions
These Terms have been prepared based on the law applicable to the operator's headquarters and are governed by these regulations regardless of the application or their conflict with the local law applicable to your place of residence.

All claims, legal proceedings, or disputes arising in connection with the Services will be resolved before the courts competent for the owner of the service, unless the owner of the service decides otherwise.
If you use the Services from another country, you are responsible for complying with all laws applicable in your case.

You agree to receive electronic communications from us and accept that any terms, contracts, notifications, and other forms of communication you receive from us will be treated as received in written form.

In the event of a violation of the Terms, by using the Services in an unauthorized manner, you may not receive any notifications. You agree that in such a case any notifications that you would have received when using the Services in an authorized manner will be considered delivered.

Our failure to implement or execute any provision of these Terms does not mean a waiver of the right to implement or execute it.

No party may transfer the Terms to another person or entity, but we reserve the right to make such a transfer to an affiliated or related company.
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