THE REGULATIONS OF MOBILE APPLICATION "MY FINANCES"
The terms and conditions (hereinafter referred to as the Regulations) constitute the basis for functioning of the mobile application My Finances (hereinafter referred to as My Finances) as well as the conditions and the manner of providing electronic services by 7csolutions Sp. z o.o. [private limited liability company]. The Regulations specify the rights and obligations of My Finances users as well as the rights, obligations and responsibilities of 7csolutions Sp. z o.o, the managing entity of My Finances. Before using My Finances, the user is obliged to get acquainted with and accept the Regulations.
- My Finances - the software is available as a free (basic) or paid (extended) version, that allows you to control your expenses, manage your home budget, and save money effectively thanks to mobile devices.
- Regulations - the terms and conditions of the mobile application My Finances.
- Provider - the service provider, 7csolutions Sp. z o.o [ private limited liability company] with its registered office in Lublin at the address: ul.Mełgiewska 74 lok.7, Lublin 20-234; entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Lublin-Wschód seated in Świdnik, VI Commercial Division under the National Court Registration Number KRS 0000673460, NIP number 9462669357, REGON number 36703196700000, that is the the owner and the managing entity of the mobile application My Finances and has the right to make it available to Users.
- User - any natural person accessing My Finances, acting as a consumer, that is for purposes which are outside his/her trade, business, craft or profession.
- Registration - the activity of establishing the User’s Account in My Finances which is required to obtain access to the full functionality of My Finances in the extended version, on the terms and conditions set out in the Regulations.
- Account - – an individual User’s account in My Finances, made available to the User by the Provider in the extended version of the application after successful completion of registration process.
- Password - a string of symbols created by the User during the Registration, used by the User to access to the user’s Account.
- Mobile device - a mobile device with Internet access (such as a smartphone, tablet) on which My Finances is installed, assigned to a particular User’s Account.
- Newsletter - shall mean free electronic service provided by the Provider to the User’s e-mail address at various dates, containing different materials of information, promotion and/or advertising content of the Provider and/or other persons and/or goods and/or services offered by the Provider and/or other persons.
- Basic version - free version of My Finances, not requiring registration, the data is stored in the memory of the mobile device.
- Extended Version - paid version of My Finances (free trial limited time version), requiring Registration, data is additionally saved on the server, with the option of synchronizing multiple devices.
My Finances can be downloaded from on-line application stores. The list of shops where the application is currently available can be found at http://www.7csolutions.com/ myfinances/requirements_en.html.
Downloading My Finances from the above mentioned stores as well as using the services offered through it, is available in the basic version (free) and extended version (paid).
The User is entitled to use the basic version of My Finances free of charge.
The data transmission costs required to download, install, run and use My Finances are covered by the Users on the basis of agreements entered into with the telecommunication operators or other Internet service providers. The Provider is not liable for any charges incurred by the Users relating to the transmission of data necessary for the use of My Finances. The Provider recommends that My Finances Users use applications or operating system functions that measure the transmission of data.
My Finances and any information contained therein, technology solutions, selection and layout of My Finances content, logos, graphics, trademarks belong exclusively to the Provider or its business partners.
- The Regulations define the rules for the use of My Finances designed for mobile devices.
- The Regulations referred to in the above section are the regulations within the meaning of art. 8 of the Polish Act of 18 July, 2002 on providing services by electronic means.
- My Finances is made available by 7csolutions Sp. z o.o. with registered office in Lublin at the address: ul.Mełgiewska 74 lok.7, Lublin 20-234; which is the service Provider and the managing entity of the application, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Lublin-Wschód seated in Świdnik, VI Commercial Division under the National Court Registration Number KRS 0000673460, NIP number 9462669357, REGON number 36703196700000.
- The services rendered through My Finances are mainly based on:
- managing your home budget,
- making savings,
- providing information about products and services of the Provider and the third parties.
GENERAL PROVISIONS ON USING MY FINANCES
- The User is obliged in particular to:
- use My Finances in a way that does not interfere with its functioning,
- use My Finances without inconvenience to other users and the Provider, respecting any third-party rights (including privacy rights) and any other rights,
- use of any information and material made available through My Finances only for fair use.
- The User is required to immediately notify the Provider of any violation of his/her rights in connection with the use of My Finances.
- The User acknowledges and agrees that using software to block advertising, may adversely affect the way he/she uses My Finances. The User shall not use or otherwise make available through My Finances software viruses, bots or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of My Finances. The User is not allowed to use My Finances or any of the services rendered by the Provider in a manner contrary to the generally applicable law, or morality and generally accepted good practices, or public order, or that violates anyone's personal rights.
- My Finances is solely for your personal and private use; it is strictly prohibited for commercial use. In particular, that means the User may not use My Finances for carrying out commercial activities.
- The Registration in My Finances is voluntary and free of charge. The Registration is required to install and use the extended version of My Finances, as well as to create a User’s Account.
- Acceptance of the Regulations is not compulsory, but it is necessary to create an Account and to use , both the basic and extended version of My Finances.
- The Registration is required in order to create a user’s Account.
- For the purposes of the Registration, the User shall complete a registration form by entering the User’s e-mail address and establish a password known exclusively to the User.
- Filling in the registration form can also be automated using the OAuth 2 protocol, i.e. using the User’s account hosted on external services. In such a case, registration is made by redirecting to one of the indicated services and using the User's access data to one of these services. If this method of registration is used, the Account is associated with the User's profile in one of these services. In such a case, the User ‘s Password is not made available to the Provider. After obtaining the User's consent, through one of these services, the following User’s data may be transmitted or made available to the service Provider, namely: the User's name and surname, gender, birth date, email address, photos and other data if the User to whom the data relate has given his/her prior consent.
- By registering and logging into My Finances, the User agrees with and accepts all of the terms and conditions contained in the most up-to-date version of the Regulations, available each time via the link in the registration or log in screen of My Finances.
- Once the Registration process has been completed and the User agrees to the terms and conditions contained in the Regulations, he/she enters into the agreement with the Provider for provision of services by electronic means, including the maintenance of the Account by the Provider, the User's access to the Account and full functionality of the mobile application My Finances.
- Using My Finances does not require registration. No Registration, however, may limit the amount and types of functionality of My Finances to which the User is entitled. The distribution of rights to use the functionality of My Finances between the Users who have completed the Registration process and those who are not fully registered is at the discretion of the Provider.
THE FUNCTIONING PRINCIPLES OF MOBILE APPLICATION "MY FINANCES"
- Services provided by the Provider are available 24 hours a day, 7 days a week.
- Paragraph 1 shall not apply if the failures to the availability have been caused by force majeure. Force majeure means any event or condition beyond the reasonable control of the Provider, which could not have been foreseen and prevented. In the event of a failure, if technically feasible, the Provider shall inform the User about the cause of the failure by e-mail.
- At any time after the Registration, the User may send to the Provider a written request (a letter or an e-mail) to remove the Account assigned to him/her. Such a request is equivalent to the termination of the agreement for provision of services by electronic means concluded at the time of Registration. Upon receipt of the request, the Provider shall immediately remove the Account assigned to the User.
- Due to the termination of the agreement, the removal of My Finances from the User’s mobile device is required.
- If the User has committed acts prohibited by law or the Regulations, or violated the rules of social coexistence, which are detrimental to the Provider’s business and in particular their good name, the Provider may take all the necessary steps permitted by law, including limitation of the User's use of services provided through My Finances.
- The User shall not interfere with or prevent the proper functioning of My Finances or take any actions which might be harmful or create discomfort to the Provider or other users of My Finances or any other entity, or that are not in compliance with generally applicable law or the Regulations or public policy. Otherwise, the Provider is entitled to disable the Users access to My Finances, and send the email notification of the fact to the email address obtained in the registration process. Blocking the User’s access to My Finances is ongoing for the duration of the case and may result in a discretionary decision by the Provider to remove the User’s Account and to block access to My Finances in the future if the suspected event proves to be true.
- The Provider reserves the right to suspend, at any time and for any reason, the operation of My Finances, as well as the right to change, withdraw or add new services provided through it, and will notify the User of the fact via his/her email address sufficiently in advance.
- Cessation of services provided through mobile application My Finances will not affect the validity of the subscription fees paid by the User whose account will be active until the end of the paid subscription period.
TERMS AND RIGHT OF WITHDRAWAL, MODEL WITHDRAWAL FORM
- This paragraph of the Regulations applies only to Users who are consumers and concluded a distance agreement with the Provider.
- The User who has entered into a distance or off-premises agreement has the right to withdraw from the agreement without giving a reason within 14 days of the Registration.
- The Provider will then refund the fee paid in the manner in which the payment was made.
- The model of the withdrawal form is an attachment number 1 to the Regulations, but the use of this form is not mandatory.
- The User shall notify the Provider in a written form (letter, email) of the decision to terminate the agreement, however, for the validity of the statement of withdrawal, it is sufficient to submit it within 14 days from the date of registration. In the event of the withdrawal from the agreement by the User, it shall be considered as null and void.
- The Provider shall communicate to the User an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
DISCLAIMER AND LIMITATION OF LIABILITY
- The Provider is not responsible for interfering with the proper functioning of My Finances due to force majeure, unauthorized interference from Users or other entities, telecommunications network failure or technical infrastructure failure. Force majeure means any event or condition beyond the reasonable control of the Provider, which could not have been foreseen and prevented. In the event of a failure, if technically feasible, the Provider shall inform the User about the cause of the failure by e-mail.
- The Provider is not liable for the temporary inability to use My Finances or its individual functionality due to maintenance, improvements or technological changes by the Provider. The Provider shall promptly notify the User about any changes that due to the duration of their implementation, may significantly affect the comfort of using My Finances (technical interruptions).
- The Provider is not liable for damages suffered by the User as a result of using the mobile application My Finances on a device without anti-virus protection, including, in particular, intercepting the User’s Passwords by other persons or third parties. The User should use appropriate applications, software, or other technical means, including privacy software, passwords, and anti-virus software, in order to use My Finances safely.
- The User is solely responsible for any unauthorized activities conducted by him/her in the mobile application My Finances - both in relation to the Provider as well as other Users of My Finances.
- All use of My Finances is voluntary and at the User’s sole risk.
- Complaints related to malfunction of My Finances or improper provision of services by the Provider shall be reported by the User in writing to the Provider address: 7csolutions Sp. z o.o., Lublin 20-234, ul.Mełgiewska 74 lok. 7; or via e-mail address email@example.com
- The complaint should include in its content:
- the date of filing,
- name, surname and postal address of the User,
- the indication of the Account used by the User,
- detailed description and reason for the complaint,
- a list of enclosed documents,
- signature of the person entitled to file a complaint.
- The Provider may ask the User to complete the data, if possible considering the absence of sufficient data.
- The Provider may also ask the User to supplement the complaint with other information necessary for its consideration, such as a description of the event to which it relates.
- The Complaint which has been properly filed, i.e., covering all the necessary data and information, shall be considered not later than within 14 working days following receipt. The response to the complaint shall be provided to the complainant in the same way it was reported to the Provider.
- After the exhaustion of all available complaint procedure, or if there are no grounds for its initiation, the User has the right to refer the case to the court of law by filing a lawsuit against the Provider or requesting for a conciliatory settlement or mediation, and if the complainant is a consumer, he or she has the right to the out-of-court settlement of consumer disputes within the meaning of The Act of 23 September 2016 on out-of-court consumer dispute resolution (Polish Journal of Laws, Dz. U. item 1823), or the right to seek redress before the arbitration court.
- Detailed information on the ability of the User who is a consumer to apply non-judicial means of dealing with complaints and redress and the rules for access to these procedures are available on the website of the Office of Competition and Consumer Protection (UOKiK) at https://uokik.gov.pl/ pozasadowe_rowiazywanie_sporow_konsumenckich.php
- At https://ec.europa.eu/consumers/odr there is a platform of online dispute resolution system between consumers and businesses at EU level (ODR platform). The ODR platform is an interactive, multi-lingual website with a comprehensive service point for consumers and businesses seeking out-of-court settlement of contractual disputes arising from an on-line sales or service contract.
PRIVACY AND DATA PROTECTION
- During the Registration, the User transmits his/her personal data to the Provider.
- The Controller of the personal data shall be the Provider, that is the company 7csolutions Sp. z o.o. with its registered office in Lublin at the address: ul.Mełgiewska 74/7, 20-234 Lublin.
- Providing the personal data by the User during the Registration process is voluntary, although failure to do so will prevent the Registration, creation of the User’s Account, and consequently the use of all functionalities of the mobile application My Finances.
- The User’s personal data is processed on the basis of and within the limits of applicable law, and in particular the Act of 29 August 1997 on the protection of personal data.
- Processing of the User's personal data by the Provider is permitted on the basis of the User's consent as stated in the Registration, and in addition it is necessary to execute the agreement for using the mobile application My Finances.
- The User’s personal data is processed solely for the purpose of services provided by the Provider through the application My Finances and for marketing purposes.
- The Provider shall not communicate the User’s personal data to any data recipient, within the meaning of Article 7(6) of the Polish Act of 29 August 1997 on the protection of personal data.
- The Provider shall use all necessary technical and organizational measures to protect the User's personal data processed, in a manner adequate to the threats and categories of data subject to protection. The provider shall, in particular, protect the User’s personal data against disclosure, takeover by an unauthorised person, processing with the violation of the Act, as well as any change, loss, damage or destruction.
- The User has the right to access and modify his/her personal data, that is the possibility of correcting, completing and changing them. Correction of personal data takes place immediately after the Provider has received a relevant request from the User.
- The User has the right, at any time, to request the removal of his/her personal data, which may be equivalent to terminating the agreement to use My Finances, insofar as the request to remove the personal data concerns the data that is necessary for the use of this application. In such a case, the deletion of the User’s data will result in the deletion of the User’s Account. We will accommodate your request within one month.
- The request for correction of personal data or request for deletion of personal data may be reported to the Provider in writing via traditional mail to the address of the Provider or by e-mail to: firstname.lastname@example.org
- If you are located in the European Economic Area or Switzerland, you may have the right to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
PROVISIONS ON PAYMENTS
- My Finances can be used free of charge, in the basic version, however, the extended version is subject to charges.
- The use of the basic version requires acceptance of the Regulations. The use of the extended version requires acceptance of the Regulations, the registration of the Account and the payment of subscription fee.
- The basic service version is provided with limited functionality without subscription fees. Limitations of functionality are listed below:
- The User may assign only one device to one financial data set
- Data is not synchronized with the server
- The application contains advertising content.
- The payment shall be made before using the purchased subscription. The subscription is valid for the period for which it was purchased.
- After purchasing the subscription, the access to the paid version of My Finances is activated by the Provider within a maximum of 48 hours (normally activation occurs promptly) of the moment the payment is credited to the Provider’s account. The User is obliged to pay in advance for the selected period (month, quarter or year), provided that the payment for the next period should be made at the latest before the end of the subscription period.
- The User may purchase the subscription through the User’s Account, by filling in the order form available through the mobile application My Finances. Once you have selected your subscription plan, you will need to complete the next steps in the order form and make a payment.
- Upon request by the User, the Provider shall issue a VAT invoice or a receipt for the service provided. For this purpose, the User should send an e-mail to the Provider’s address email@example.com , indicating his/her login, address and NIP number.
- Using the mobile application My Finances may incur additional charges, e.g. for data transmission. The Provider is not responsible for any additional charges incurred by mobile network operators and Internet service providers.
The Provider provides you with the following methods of payment of subscription fees:
- credit and debit cards,
- direct operator billing
- gift cards and promotional codes.
Detailed payment methods can be found at
- The newsletter is provided to the Users by the Provider at their expressed request and free of charge - at no point the User is obliged to bear the costs of the Newsletter, except for the costs of using the remote means of communication (in particular the cost of accessing the Internet).
- The User shall receive a Newsletter provided that he/she meets all of the following conditions:
- the User has completed the Registration process and accepts the provisions of the Regulations,
- the User consents to the processing by the Provider of his/her personal data for purposes related to the provision of a Newsletter and for marketing purposes, in particular to receive commercial information from the Controller, regarding the Controller and/or other persons and/or goods and/or services offered by Controller and/or other persons.
- the User consents to the processing by the Controller of data concerning the User's use of the services and functions provided by the Controller for statistical and marketing purposes.
- The consent to the activities described in paragraph 1 point a) - c) above, is expressed by the User by clicking on the link in the e-mail containing the offer to use the Newsletter, entitled "I order the Newsletter" or by clicking the check box during the Registration of the user’s Account. In the message sent to the User with a request for his/her consent, there will be clear information about the contents of the Regulations and the consent of the User.
- Upon the User's consent in the form indicated in paragraph 3, the Controller sends the User an email confirmation of signing the agreement for provision Newsletter services by electronic means. The agreement is concluded for an indefinite period of time and may be terminated at any time as indicated in paragraph 5. The email confirmation of signing the agreement for provision Newsletter services by electronic means shall include the information on the content of the Regulations.
- The User’s consent to send information and promotional content and the processing of the User's personal data by the Controller for this purpose can be withdrawn at any time by the User by clicking on the resignation link found in the Newsletter, which is tantamount to giving up the use of the Newsletter service and terminates the agreement. In the event of termination of the Newsletter service agreement, the User is not obliged to return to the Controller the information he has received as part of the use of the Newsletter service.
- The termination of the Newsletter service agreement shall not affect the User’s possibilities to use the mobile application My Finances.
- The Provider is the Controller of personal data.
DIGITAL CONTENT, EQUIPMENT AND SOFTWARE
- The Provider provides services electronically in order to contact the User, conclude and execute the agreement for provision electronic services.
- Sending of electronic information by the Provider to the User to the e-mail address indicated by the User requires prior and separate consent of the User to receive commercial information by electronic means.
- The Provider provides services using ITC system to connect with which electronic equipment and access to the Internet are needed, in the field of electronic communications (e-mail address).
- Using the mobile application My Finances is possible for Users who have a mobile device with access to the Internet and equipped with the appropriate operating system. Detailed information can be found at http://www.7csolutions.com/ myfinances/requirements_en.html
- The User shall be solely responsible for securing his/her personal data in his/her electronic devices and the access to them, as well as the content the User submits on the Internet
- The Provider shall not use the hardware and any other device, rights and privileges of the User connected with accessing the Internet, except for the transmission of email messages.
- Complaints relating to electronic communication shall be subject to the rules applicable to telecommunication operators of services used by the Provider and the User and the suppliers of their electronic equipment.
- The Provider shall not send commercial information to the User without his/her consent.
- The Provider will process the User's personal data electronically to third parties and will secure the unauthorized access to their electronic devices containing personal data of the User.
Cookies are computer data, especially text files, that are stored on the User’s mobile device and are designed to use the services provided through the mobile application My Finances. Cookies typically include the name of the website from which they came from, their retention time on the mobile device, and a unique number.
- Cookies are used for:
- customizing the content of the web pages and My Finances modules to the User’s preferences and optimizing the use of web pages. In particular, these files allow the User to recognize the User’s device and appropriately view the web page and the mobile application My Finances, tailored to the User’s individual needs
- creating statistics that help understand how the Users use web pages, which enables the improvement of their structure and content
- c) maintaining a User's session (after login), whereby the User does not need to re-enter the login and passwords on each of the sub-pages of the application.
- There are two basic types of cookies used in the mobile application My Finances: "Session cookies" and "persistent cookies". "Session" cookies are temporary files that are stored on a mobile device until the User logs out of My Finance application, leaves the web page, or turns off the software (a web browser). “Permanent” cookies are stored on the User’s mobile device for the time specified in the cookie parameters or until you delete them.
- Web browser software (web browser) by default allows cookies to be stored on the User’s mobile device. The User can change cookie settings at any time. These settings may be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or to inform about them, each time they are placed on the User’s device. Detailed information about the possibilities and ways of handling cookies are available in the software settings (web browser).
- The User may cease to use of My Finances, at any time and for any reason, by uninstalling the mobile application My Finances from the user's mobile device, which is tantamount to the termination of service agreement with immediate effect. A resignation statement may be submitted in writing (letter, email) and shall be effective upon delivery to the Provider. The Provider, with the moment of receipt of the resignation statement, shall immediately remove the User’s Account.
- The Regulations are available at the address: http://www.7csolutions.com/myfinances/regulations.html and may be saved by the User in the form of his/her choice.
- The Provider reserves the right to modify the Regulations. The changes to the Regulations come into effect within 7 days of its publication in the mobile application My Finances. The publication is made in by updating the content to which the relevant link in the registration or log in screen of My Finances resides. The Provider will notify the User of any changes to the Regulations, 7 days prior to their entry into force, by electronic mail to the address provided by the User during the Registration.
- In the event that the User does not agree with the new content of the Regulations, it is tantamount to resignation from the use of My Finances within the meaning of paragraph 1 above. The Account is valid until the end of the subscription period, and the Regulations apply in the current content.
FINAL PROVISIONS AND SEVERABILITY
- The User is responsible for maintaining the security of his/her Account and Password from access by third parties.
- Polish law shall apply to resolve disputes arising out of the Regulations, or the use of the mobile application My Finances, or the agreement for provision of services by electronic means concluded between the User and the Provider at the moment of Registration.
- Any disputes that may arise out of the use of My Finances should be settled first by negotiation and by agreement between the parties.
- Disputes that are not settled by agreement between the parties shall be resolved by the competent Polish common courts. By way of a separate agreement, the dispute may be submitted to the arbitration court for decision.
- All the issues not regulated by the Regulations are governed by the provisions of the Civil Code and the Act on Consumer Rights Act, and within the scope required, the Act of 18 July 2002 on Providing Services by Electronic Means.
- The Provider is not a participant and has not acceded to the optional Code of Good Practice referred to in Article 2(5) of the Act of 23 August 2007 on counteracting unfair market practices, but in its activities respects good habits, including honest market practices.
- Each of the provisions of this agreement is severable. In case one or more of the provisions set forth in the Regulations shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions of the Regulations shall not in any way be affected or impaired thereby. In place of the invalid provisions, the relevant provisions of law shall apply.
- Any comments, inquiries and suggestions may be directed by electronic means firstname.lastname@example.org
ATTACHEMENT 1 TO THE REGULATIONS
Model form for right of withdrawal
(this form should only be completed and returned if you want to withdraw from the agreement)
(*) Delete as appropriate.
- Addressee: 7csolutions Sp. z o.o. with registered office in Lublin at the address: ul.Mełgiewska 74 lok.7 Lublin 20-234
- I/We (*) herewith inform you that, in respect of our contract regardingthe sale of the following products: [description of the product](*)the delivery of the following product: [description of the product](*)the performing of the following task:[description of the task](*) the supply of the following service: [description of the service](*),I/we* exercise our right of withdrawal
- Concluded on(*)/received on(*):
- Consumer(s)' name):
- Consumer(s)' signature (only if this form is submitted on paper):