These Terms and Conditions set out the rules for using the Motendo online service, available at www.motendo.com, in particular the types and conditions of electronic services, the rules for creating an Account, publishing Listings, using the Points system and Premium Services, as well as the rights and obligations of Users and the Service Operator.

These Terms and Conditions constitute terms for the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services.

The Operator provides the Terms and Conditions to Users free of charge before the conclusion of the agreement for the provision of electronic services and in a manner enabling their acquisition, reproduction and recording by means of the ICT system used by the User.

Using the Service, in particular creating an Account and publishing Listings, requires prior reading and acceptance of these Terms and Conditions.

These Terms and Conditions apply to Consumers, Businesses and Businesses with consumer rights.

The operator of the Service, hereinafter also referred to as the Service Provider, is Ajeto Sp. z o.o., with its registered office in Gliwice, ul. Cedrowa 28, 44-105 Gliwice, entered in the National Court Register under KRS number 0000899585, NIP 9691646228, e-mail address: [email protected].

The Operator provides services electronically through the Service in accordance with Polish law and European Union law, including consumer protection, personal data protection and digital services regulations.

The Service is a classifieds and marketplace platform and enables Users to publish Listings concerning, in particular, heavy machinery, construction machinery, agricultural and forestry machinery, industrial machinery, utility and transport vehicles, spare parts, attachments and accessories related to the above equipment.

The Service enables Users to make contact for the purpose of entering into sales agreements or other agreements concerning the items indicated in Listings. The Operator is not a party to such agreements and, as a rule, does not make declarations of intent in this respect.

Information contained in Listings is for information purposes only and does not constitute an offer within the meaning of the Civil Code, unless otherwise results from mandatory legal provisions or the explicit content of a given Listing.

The Operator shall not be liable for the course, validity or effectiveness of transactions concluded between Users, subject to mandatory provisions of law.

Service – the Motendo online service available at the domain address indicated by the Operator.

Operator or Service Provider – the entity indicated in § 2.

User – any person using the Service.

Account – a set of resources and settings assigned to the User within the Service system, identified by an individual login, e-mail address and password.

Private Account – an Account intended for a User who does not conduct business activity related to the published Listings.

Business Account – an Account intended for a User who is an entrepreneur and uses the Service in connection with business or professional activity.

Listing – information placed in the Service by a User concerning an offer of sale or another form of disposal, lease, tenancy, leasing, etc. of items consistent with the subject matter of the Service.

Service – a service provided electronically by the Operator through the Service for Users.

Points – accounting units purchased by the User from the Operator for monetary remuneration, used solely to activate Premium Services, not constituting legal tender or electronic money.

Premium Services – paid additional services provided by the Operator to Users in exchange for the use of Points.

Price List – a list of fees due to the Operator for paid Services, including Points packages and Premium Services, made available in the Service.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

Privacy Policy – a separate document specifying the rules for personal data processing, cookies and analytical tools.

Consumer – a User who is a consumer within the meaning of applicable law.

Business – a User who is an entrepreneur within the meaning of applicable law.

Business with consumer rights – a User who is a natural person concluding an agreement directly related to business activity, where the agreement does not have a professional character for that person.

Violation – any act or omission of the User contrary to the Terms and Conditions, the law, good practices, principles of social coexistence or the legitimate interests of the Operator or other Users.

The Operator provides Users with the following Services within the Service in particular:

• maintaining the User Account,
• enabling the publication, editing and deletion of Listings,
• making the Points system and Premium Services available,
• making contact forms available between Users,
• displaying Listings in search results and other places within the Service,
• providing marketing services, including highlighting and promoting Listings,
• sending technical communications and notifications related to the operation of the Service.

The provision of certain Services may depend on creating and maintaining an active Account and fulfilling additional conditions.

The Operator may introduce new Services, modify existing ones, and temporarily or permanently discontinue some Services for important technical, legal or organizational reasons, with due respect for the acquired rights of Users.

Use of the full functionality of the Service, including the publication of Listings, requires creating an Account.

Creating an Account is voluntary and free of charge, subject to fees for selected Services and Premium Services.

The User may create either a Private Account or a Business Account, depending on the nature of their use of the Service.

It is prohibited for one User to hold multiple duplicate Accounts intended to circumvent the Service’s limitations, blocks or other security measures.

The Operator may request the merger of Accounts or the deletion of excessive Accounts.

Account registration takes place by completing the registration form, providing the required data, and accepting the Terms and Conditions and the Privacy Policy.

The User is obliged to provide true, current and complete data.

For a Private Account, the required data may include at least: username, e-mail address and other data indicated as mandatory in the form.

For a Business Account, the required data may include at least: full company name, tax identification number, registered office address, contact details and other data necessary to verify the entrepreneur.

During registration, confirmation of the e-mail address by clicking an activation link may be required.

The Operator may refuse to create an Account or suspend registration if there is a justified suspicion that false data has been provided or third-party data has been used without consent.

The User is obliged to keep the login and password for the Account confidential and to properly secure the devices and ICT systems used to access the Service.

The User may not make the Account available to third parties or use the Accounts of other Users without their explicit consent.

The User should immediately inform the Operator of any suspicion of unauthorized access to the Account, loss of the password or disclosure of the password.

The Operator applies appropriate technical and organizational measures to ensure the security of data transmission and the protection of Users’ Accounts, subject to the fact that risks associated with the nature of the Internet cannot be completely eliminated.

The User may terminate the agreement for the provision of electronic services at any time by requesting deletion of the Account, in particular via the function available in the Account settings or by contacting the Operator.

Deletion of the Account results in deletion of the data assigned to the Account to the extent permitted by applicable law and the Privacy Policy, as well as deletion or anonymization of the User’s Listings, unless further storage is necessary due to the Operator’s legal obligations.

Deletion of the Account does not affect the User’s rights arising from mandatory provisions of law, including provisions concerning complaints, withdrawal from the agreement or consumer protection.

Unused Points are, as a rule, non-refundable, subject to mandatory legal provisions and the provisions of §§ 14–16.

The User may publish Listings only after logging into the Account.

A Listing is added by completing the appropriate form in which the User is required to provide all required information, in particular regarding the type of item, technical condition, year of manufacture, price, location and other parameters.

The content of a Listing should be prepared in a reliable, clear and non-misleading manner.

The User is obliged to present the actual condition of the item covered by the Listing.

The User bears full responsibility for the content, timeliness and compliance of the Listing with the law.

Only Listings consistent with the subject matter of the Service may be published in the Service.

It is prohibited to publish Listings concerning in particular:

• illegal items or items originating from crime,
• weapons, ammunition and explosive materials if their sale is prohibited or restricted by law,
• dangerous substances, waste and environmentally harmful materials if their trade is restricted,
• services or products unrelated to the subject matter of the Service,
• other items the publication of which has been prohibited by the Operator in the current Service guidelines.

It is prohibited to publish content contrary to law, good practices or these Terms and Conditions.

The User is obliged to refrain from unlawful actions or actions contrary to good practices.

It is prohibited in particular to:

• publish false Listings,
• publish spam content or duplicate offers in a way that hinders the use of the Service,
• publish illegal, offensive content, content infringing personal rights, copyrights, industrial property rights or other rights of third parties,
• publish content inciting hatred, violence, discrimination or constituting hate speech,
• attempt fraud, mislead other Users or provide false data,
• manipulate the positioning of Listings,
• place links or references in Listings to websites violating the law or these Terms and Conditions.

Listings are published in the Service for a period specified when the Listing is added, with the possibility of extension or renewal on the terms set out in the Price List or in the description of the Services.

The Operator may shorten the listing period or remove the Listing in cases provided for in these Terms and Conditions, in particular in the event of a Violation.

After the publication period expires, the Listing may be automatically archived or deleted in accordance with the functionality of the Service.

Points are accounting units used within the Service solely to enable Users to activate listings and use Premium Services.

Points do not constitute legal tender, electronic money or a payment instrument.

Points may not be exchanged for cash or other benefits except in cases expressly provided for by the Operator and compliant with the law.

Points may only be used within the Service in accordance with these Terms and Conditions.

The User may purchase Points by making payment to the Operator using the available online payment methods or other payment methods indicated by the Operator.

The rules, minimum packages, prices of Points and any promotions are specified in the Price List.

The allocation of Points may depend on the successful completion of the payment process and the receipt of payment confirmation from the payment operator.

In the event of an effective withdrawal from the agreement, if such a right applies, the refund shall be made in accordance with the law and these Terms and Conditions.

If the Points have been used to activate listings or a Premium Service, a refund is, as a rule, not available, subject to mandatory provisions of law.

Points are valid for 24 months from the date of purchase, unless indicated otherwise at the time of purchase.

After the validity period expires, unused Points expire, subject to mandatory provisions of law.

The resale of Points to other Users and transactions involving the transfer of Points outside the functionality of the Service are prohibited unless the Operator expressly allows such a possibility.

Points remaining unused at the time of deletion of the User’s Account are, as a rule, forfeited, subject to mandatory provisions of law.

The Operator reserves the right to change the Price List, the prices of Services and the number of Points required to activate individual Premium Services, including introducing new services and discontinuing existing ones.

A change to the Price List does not affect Users’ rights arising from already purchased Points and paid Services, unless mandatory legal provisions provide otherwise.

In exchange for the use of Points, the User may activate in particular the following Premium Services:

• highlighting a Listing,
• promoting a Listing,
• refreshing a Listing,
• publishing additional photos above the standard limit,
• increasing visibility,
• publishing a premium Listing,
• other marketing services described in the Service or in the Price List.

A detailed description of individual Premium Services, their duration, the method of charging Points and the technical conditions of publication is provided in the Service and in the Price List.

Activation of a Premium Service takes place after the User confirms the intention to use a given Service and after the appropriate number of Points has been deducted from the Account.

Premium Services are intangible in nature and are provided immediately after activation.

In the case of Consumers or Businesses with consumer rights, commencement of a Premium Service before the expiry of the withdrawal period requires the User’s prior explicit consent and informing the User of the loss of the right of withdrawal after full performance of the Service, if such loss is provided for by law.

Failure to use the effects of a Premium Service for reasons attributable to the User shall not entitle the User to demand a refund of Points.

If a Listing is removed by the Operator for reasons attributable to the User, Points used for Premium Services assigned to that Listing are, as a rule, non-refundable, subject to mandatory provisions of law.

The User bears sole responsibility for the content and form of the Listings posted, the compliance of Listings with the law, these Terms and Conditions and good practices, the legality of the offered items, and the User’s right to dispose of them.

The User is responsible for the truthfulness, reliability and currency of the data provided in the Account and in Listings.

The User undertakes not to engage in actions that may disrupt the proper functioning of the Service and not to use the Service for purposes contrary to its intended purpose.

The User declares and warrants that they are entitled to publish Listings and to offer the items described therein.

The User declares that the items possessed by them do not originate from a prohibited act, are not encumbered with third-party rights, and that their trade does not violate the law.

The User declares that the content posted in the Service, including photos, does not infringe the rights of third parties, in particular copyrights and industrial property rights.

The Operator provides services consisting in making the Service’s ICT infrastructure and certain functionalities available.

The Operator shall not be liable for the course of transactions between Users, in particular for non-performance or improper performance of an agreement, payment of the price, delivery of an item, defects in the item, quality, technical condition, safety, suitability for a specific purpose or compliance with the description of items offered by Users.

The Operator shall not be liable for the truthfulness and reliability of data and statements made by Users, nor for damage resulting from actions or omissions of Users towards other Users or third parties.

The exclusions of liability referred to in sections 1–3 apply only to the extent permitted by mandatory provisions of law.

The Operator shall be liable on the terms specified by mandatory provisions of law, in particular as regards exclusions and limitations of liability provided for hosting services.

The Operator makes every effort to ensure continuous and uninterrupted operation of the Service; however, the Operator reserves the right to temporarily disable or limit the availability of the Service in whole or in part, in particular for technical reasons, inspections, upgrades, failures, legal reasons or security reasons.

The Operator shall, where possible, inform Users in advance about planned technical interruptions.

The Operator shall not be liable for damage resulting from interruptions in the operation of the Service caused by reasons beyond the Operator’s control, unless mandatory provisions of law provide otherwise.

The Operator is entitled to monitor content posted in the Service and to undertake actions aimed at ensuring that the use of the Service complies with these Terms and Conditions, the law and good practices.

The Operator may in particular:

• refuse publication of a Listing,
• temporarily suspend publication of a Listing,
• change the category of a Listing,
• remove a Listing in whole or in part,
• block or limit a User’s Account,
• request additional explanations, documents or confirmations from the User.

Moderation actions are taken in a manner proportionate to the type of Violation.

The Operator may remove a Listing or block an Account in particular when:

• the content of the Listing violates these Terms and Conditions, the law, personal rights, copyrights or other rights of third parties,
• the Listing is false, spam-like or contains duplicate offers,
• the User attempts fraud or other actions harming the safety or interests of other Users or the Operator,
• the User uses the Service contrary to its intended purpose,
• the User uses other persons’ data without their consent or provides false data,
• it is required by law, a final court judgment or a binding order of an administrative authority.

Where possible, the Operator shall inform the User of the reasons for removal of the Listing or blocking of the Account, subject to cases where disclosure of the reasons could violate the law or the security of the Service.

Any User or third party may report to the Operator content that they consider contrary to these Terms and Conditions, the law or good practices, in particular by means of a violation reporting functionality, if available in the Service, or by e-mail.

The report should contain at least:

• identification of the Listing or content concerned,
• a description of the nature of the Violation,
• the contact details of the reporting person, if they expect a response.

The Operator reviews reports without undue delay and takes appropriate action, including removing the challenged content or blocking access to it in accordance with applicable law.

The Operator, as a provider of intermediary services consisting of hosting User content, applies content moderation rules in accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022.

The terms of use of the Service clearly and comprehensibly specify:

• categories of content considered prohibited or illegal,
• the moderation measures and tools used,
• possible consequences of a Violation of these Terms and Conditions,
• rules for using the internal complaint-handling system for moderation decisions.

For the purpose of fulfilling obligations under the DSA, the Operator provides Users with a mechanism for reporting potentially illegal content.

The report should make it possible to indicate the location of the content, the type of violation, the justification for the report and, where necessary, the contact details of the reporting person.

After receiving the report, the Operator assesses its merits and takes appropriate action, in particular may:

• remove the reported content,
• restrict access to it,
• refuse to remove content if it does not find the content to be illegal or in breach of these Terms and Conditions,
• request explanations from the User publishing the content or documents confirming the legality of the content or goods offered.

If a decision is made to remove content or restrict access to it, the Operator shall provide the User with a statement of reasons to the extent required by law.

The Operator provides an internal complaint-handling system regarding moderation decisions, enabling Users to challenge decisions to remove content, restrict access to content or block an Account.

A complaint may be filed using the contact details indicated in these Terms and Conditions or via a form in the Service, if such form is made available.

The Operator reviews complaints within a reasonable time and informs the User of the outcome of the complaint and of the available legal remedies.

The Operator designates a single point of contact for direct communication with Users and competent authorities in matters related to the application of the DSA.

The User has the right to submit complaints regarding the functioning of the Service, in particular concerning:

• improper operation of the Services,
• incorrect charging or use of Points,
• improper operation of Premium Services,
• other objections related to the functioning of the Service.

A complaint may be submitted:

• electronically to the Operator’s e-mail address indicated in § 2,
• in writing to the Operator’s registered office address.

A complaint should include:

• data identifying the User,
• a description of the objections raised,
• an indication of the requested manner of resolving the complaint, where possible.

The Operator shall examine the complaint within 30 days from the date of its receipt, unless specific provisions provide for a shorter period.

The Operator shall inform the User of the method of handling the complaint electronically or in another agreed manner.

Using the complaint procedure does not exclude the User’s right to pursue claims in court or by out-of-court means.

A Consumer and a Business with consumer rights have the right to withdraw from an agreement concluded at a distance within 14 days, unless the law provides for an exception.

In the case of Premium Services and other digital services, commencement of performance before the expiry of the withdrawal period requires the User’s explicit consent and informing the User about the loss of the right of withdrawal after full performance of the service, if this applies under the law.

Detailed rules regarding withdrawal from the agreement are set out in the withdrawal instruction made available to the User before conclusion of the agreement.

In the event of an effective withdrawal from the agreement, the Operator shall refund payments in accordance with the law.

The controller of Users’ personal data is the Service Operator indicated in § 2.

The Operator processes Users’ personal data in accordance with the GDPR and other relevant national and EU legal provisions.

Personal data is processed in particular for the purpose of:

• creating and maintaining the Account,
• providing Services electronically,
• enabling the publication and handling of Listings,
• processing payments, settlements and issuing accounting documents,
• handling complaints and reports,
• pursuing or defending against claims,
• fulfilling legal obligations,
• marketing purposes to the extent permitted by law and on the basis of required consents, where necessary.

Detailed information regarding personal data processing, cookies and analytical tools is contained in the Privacy Policy.

The Service may use cookies and similar technologies for statistical, analytical, functional and marketing purposes, to the extent permitted by law.

The User may configure cookie settings via the web browser or tools made available in the Service.

Users have the rights arising from the GDPR, in particular the right of access to data, rectification, erasure, restriction of processing, data portability, objection, and the right to lodge a complaint with the President of the Personal Data Protection Office.

To the extent that data processing is based on consent, the User has the right to withdraw consent at any time without affecting the lawfulness of processing carried out before its withdrawal.

Detailed information required by the GDPR, including data retention periods, legal bases for processing and recipients of data, is set out in the Privacy Policy.

By posting any content in the Service, the User declares that they are its sole author or have the appropriate licenses, consents or authorizations to use such content to the extent necessary for its publication in the Service.

The User bears sole responsibility for infringement of copyrights or other intellectual property rights of third parties in connection with posting content in the Service.

Upon posting content in the Service, the User grants the Operator a free, non-exclusive license to use such content to the extent necessary for the provision of the Services, in particular to record, reproduce, store and make it publicly available in the Service.

The license is granted for the duration of the legal relationship between the User and the Operator in connection with the use of the Service.

The User consents to technical modifications of content such as photo compression, resizing or cropping, if this is necessary for proper display of the content in the Service.

Payments for the purchase of Points and other paid Services in the Service are made through online payment operators cooperating with the Operator or through other methods made available in the Service.

Detailed conditions for the provision of payment services are specified in the terms and conditions of payment operators, which the User is obliged to read.

All prices presented in the Service are gross prices including VAT, unless expressly stated otherwise.

The Operator reserves the right to organize promotional campaigns and apply discounts on the terms provided in the Service.

A User who is a Business or a Business with consumer rights and who wishes to receive VAT invoices should provide correct invoice details.

The Operator may issue VAT invoices electronically and make them available to Users through the Service or to the User’s e-mail address.

The User accepts the issuing and sending of invoices in electronic form.

The Operator settles VAT on paid Services provided within the Service in accordance with Polish law and European Union law.

For foreign Users, tax rules may depend on the status of the purchaser, the place of establishment or residence, and the type of Service.

The User is obliged to provide correct and current identification and tax data, in particular a VAT EU number if available, and to update such data without delay.

The Operator may request additional information or documents from the User confirming tax status or place of establishment and may refuse to provide Services until such issues are clarified.

The Operator may amend these Terms and Conditions for important reasons, in particular in the event of:

• changes in legal regulations,
• changes in the functionality of the Service or the manner of providing the Services,
• the need to clarify the provisions of the Terms and Conditions,
• changes in the Operator’s details.

The Operator shall inform Users of amendments to these Terms and Conditions by making the consolidated text of the Terms and Conditions available in the Service and, where possible, by sending information to the e-mail address linked to the Account.

An amendment to these Terms and Conditions shall enter into force after the period indicated in the information about the amendment, not shorter than 14 days from the date the new content is made available, unless mandatory provisions of law require a different period.

A User who does not accept the amendments to these Terms and Conditions may terminate the agreement for the provision of electronic services by deleting the Account before the amendments enter into force.

In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law and European Union law shall apply.

These Terms and Conditions do not exclude or limit Users’ rights arising from mandatory provisions of law.

If any provision of these Terms and Conditions proves invalid or ineffective, this shall not affect the validity of the remaining provisions.

The provision of law closest to the economic purpose of the invalid or ineffective provision shall apply in place of such invalid or ineffective provision.

These Terms and Conditions enter into force on the date indicated by the Operator.

Last update of the Terms and Conditions: June 3, 2026.