Terms of use of VIVO INSPIRE Service
§ 1 GENERAL CONDITIONS
1. Terms of use define rules and conditions of using VIVO inspire SERVICE hosted by the Administrator. Terms of use define rights and obligations of Users and rights, duties and range of responsibility of the Administrator as a service managing subject .
2. To use the Service one must thoroughly read and accept the contents of the Terms of use.
3. ICT systems which enable processing and storing as well as sending and receiving the data by means of telecommunication networks are applied to use the Service.
4. To use the Service the User should have a device with the access to the Internet and updated browser.
5. In accordance with the regulation dated 29th August 1997 concerning the protection of personal data the Administrator ensures the protection of personal data gathered by the Service and recorded on the server, and performs the rights and obligations of the administrator of the personal data.
6. Terms of use do not regulate rights and obligations between the User and the Administrator but constitute the conditions of starting, using and terminating participation of the User in the Service.
§2 DEFINISTIONS
The Administrator of the Service and its owner is VIVO INSPIRE Sp.z o.o. (Ltd) Sp.K. (Limited partnership) seated in Jaworzno Plac Św. Jana 12, registered in KRS under the number 0000655259.
Terms of use –the present regulations of VIVO inspire Service.
Service - internet service of crowdfunding character under the domain www.vivoins.com, within which the Administrator gives Users the access to the space for locating projects and enables to transfer financial means between the Users by means of the Operator.
The User – adult natural person able to perform legal activities, legal entity or organizational unit possessing the ability to perform legal activities, using the Service.
Participant – the User who locates on the Sites of the Service prepared by him/her project.
The Project – means every form of business, cultural, scientific or social activity, including private and commercial, for the realization of which the Participant gathers financial means with aid of the Service.
Account - the User’s profile which is created by means of registration and which gives access to the restricted parts of the Service. The account is created on the basis of a unique login and is protected by the password created by the User.
Operator- financial agent of the firms Finance VIVO INSPIRE Sp. Z o.o. Sp.K. seated in Dabrowa Górnicza, ul. 3-go Maja 16, registered in KRS under the number 0000655208, which is the guarantee protecting the financial means of the Participants.
Financing party - it is each Participant who voluntarily allocates financial means to carry out the Participants’ projects.
Cookies - a small fragment of the text, which is sent by the internet service to the browser and which is sent back while entering the site next time. It is mainly used to sustain the session, for example by generating and sending back a temporary identifier after logging in. It may also be used for remembering any data which can be codded as a sequence of characters.
Available data/profile data - the User’s data such as: name of the User, description of the project, amount of subsidy, which is generally available data for other Users.
Subsidy - voluntary money made by the User/Participant for the projects.
Participants materials - the contents introduced to the Service by the User by means of ICT system.
Financial means available for paying out - the sum of amount of subsidies gathered during stages, for the located project, reduced by:
1. the amount of the subsidy necessary for passing to the next stages, due to §7 point 6 of the Terms of use of VIVO inspire.
2. the amounts given as subsidies for the projects above the minimum values of the amount of subsidies, mentioned in §7 point 6 of the Terms of use of VIVO inspire.
Inactivity – period of 6 months during which the Administrator did not observe the User to log in to the Service .
§3 REGISTRATION
1. In order to acquire the status of the User one ought to Register to the Service and activate the account.
2. The registration process takes place by correct filling in the registration form’s rubrics marked with “*”, available in Service at www.vivoins.com.
3. Before registration the User is obliged to read the contents of Terms of use and accept it.
4. The User is obliged to give the correct data and is fully responsible in case of any discrepancies between the data given and the real data.
5. To register the User ought to give the following data:
natural person: name and surname, address, names of parents, date of birth, no of identity card, tel. number, e-mail address,
a company: name of the company, address, NIP (tax identification) name and surname of the representative and his/her position, tel. number, e-mail address.
1. Having correctly completed the Registration Form the User receives, on the given e-mail address, an activating link which is necessary to activate the User’s account. To activate the account the User must correctly open the link which he/she received.
2. Data gathered by the Service is strictly confidential, except for the available data of the User and information concerning the projects which the user placed on the sites of the Service.
3. The User acknowledges that the profile data given by him may be available for other Users of the Service, especially the data concerning projects he/she supported including the amount of the subsidy.
4. Materials of the Participant may be available for people using the Internet and they may be indexed by browsers , for which the Participant gives his permission.
5. The Participants may use in the Service any User Names, however, they cannot sound offensive, rude or promoting hatred or any kind of discrimination.
6. The Participant undertakes the obligation not to make the data allowing logging in available to the third parties.
7. Each registered Participant is obliged to send by electronic way to admin@vivoins.com a copy of his identification document with the photograph or, in case of organisational unit, of its representative, not later than one working day before ordering the first withdrawal of gathered means. The Participant who is a legal entity or an organisational unit with no legal personality but he possesses the ability to perform legal activities, is obliged to send by electronic way to admin@vivoins.com a copy of a document ascertaining NIP (tax identification number) not later than one working day before ordering the first withdrawal of gathered means. Verification of natural persons is carried out on the basis of PESEL number, and other subjects, including legal entities, on the basis of NIP.
8. Each participant can possess more than one account in the Service.
9. In order to create next account one must register the Account in accordance with §3 of the present Terms. The Account is created on the basis of a unique login and is secured with the password created by the Participant, the remaining data required by the registering form must be in accordance with the first Account created by the Participant.
10. Having registered in the Service the Participant enters into relation resulting from the operating of the Service, due to the regulations defined by this Terms.

§4 SERVICES PROVIDED BY THE ADMINISTRATOR
1. Within the Service the Administrator provides:
a) space for the Participants to locate projects,
b) assures mediation in project financing by providing Operator of the financing
c) access to the materials located by the Administrator in the Service
d) access to the materials located by the Users of the Service,
e) possibility to locate the materials by the User, and the possibility to get the status of the Participant.
§5 TERMS OF USE OF THE SERVICE
1. It is prohibited to use the Service against the regulations of the present Terms of use and legal rules and regulations in force.
2. It is prohibited to copy, imitate or use even a fragment of the Service contents without a prior written permission of the Administrator.
3. The Administrator reserves the right of ownership, of financial rights for all the elements connected with the Service. Copying or distributing is strictly forbidden.
4. It is forbidden to carry out activities which impede or destabilize functioning of the Service. When the Administrator ascertains such activities being performed by the User, he is authorized to immediately block or delete the User’s Account.
5. It is forbidden to use the Service to send spam.
6. The User obliges himself to withhold any activities which breach the privacy of other Users, most of all those which consist in gathering, processing or spreading data and information concerning other Users without their clear consents.
7. The user hereby states that all graphic and film files and entries in the Service were placed by him in accordance with the valid legal regulations and the regulations of this Terms of use.
8. By placing graphic and film files, entries in the Service and other materials the User grants a permission to the Administrator to use them, record, copy, perform in public, present and share in such a way that they were available for everybody in a location and time chosen by them.
9. The User is not allowed to transfer any rights or duties resulting from this Terms of use to any other third party or organizational unit without a written permission of the Administrator, otherwise shall be null and void.
10. Without a permission of the Administrator it is forbidden to place in the Service any forms of advertising, promoting or marketing. The Administrator has the right to place in the Service any forms of advertising, promoting or marketing originating from the Administrator or third parties, with whom the Administrator shall conclude a separate agreement concerning the above.
11. The Service shall not be used to carry out public collection of financial means.
12. The User agrees for the provision of services by the Operator who is the subject chosen by the Administrator.
§6 PLACING PROJECTS
1. Within the Service the Administrator creates and shares space for the User to obtain subsidies for realization of Projects.
2. In order to become the Participant, the User should lodge the Project in accordance with the requirements included in this Terms of use and pay in a chosen subsidy taking into consideration § 7, par.6 of this Terms of Use. The project shall be verified by the Administrator. Having been positively verified it will be located in the Service.
3. To lodge the Project, the User is obliged:
a) to give the title and present a description of the Project,
b) to define the amount of means necessary for the Project,
c) to choose the category of the Project,
d) to attach graphic files or the video presenting the Project
1. The Administrator may refuse to locate the Project in the Service if:
a) the Project includes contents prohibited by this Terms of use,
b) the Purpose of the Project is to finance illegal activities,
c) for its realization special legal requirements must be applied.
1. In the event of turning the Project down the Administrator informs the User by electronic means, to a given e-mail address within 2 working days from the time of lodging the Project for the approval.
2. The User has the right to appeal the negative decision concerning the Project, in the way described in §9 of the present Terms of use.
3. The administrator reserves the right to refuse to locate the Project in the service, with no necessity to give justification of his decision.
4. The User has the right to withdraw the Project at any time. In such a case, subsidies already donated for the Project up to the day of its withdrawal, reduced of the amount of the commissions, in accordance with §7, par.11 and the amounts of subsidies for other projects, are a subject to a payout on the basis of the payment order.
5. The User has the right to edit the Project at any time taking into consideration legal regulations in force and the present Terms of use. The amount necessary for carrying out the Project cannot be edited.
6. The User may register one project on the account.
§7 FINANCING THE PROJECTS
1. Within the Service the Administrator makes it possible for the Users to obtain donations for realization of the Projects and allows the Users to donate any Project, considering provisions of the Terms of use.
2. Donations are paid in on the bank account of the Operator.
3. Minimum amount of the donation is 10 EURO, according to the EURO NBP rate related to the currency in which the donation is made, from the date of the transfer.
4. Subsidies for the Projects may be gathered by the Operator on the separate sub-account from the day of commencing the Project till completing promotional activities successfully.
5. Successful completion of promotional activities means collecting all the means from subsidies, paid by the Users in the amount equal to 100% of the sum indicated by the Participant as expected amount of the financial means for realization of the Project. In such a case the status of the Participant expires as fully realized.
6. VIVO INSPIRE Service enables its Participants to obtain financial means for realization of the Projects in stages.
a) initial stage “0” one should make a payment of a subsidy to the chosen Project in the amount of 10 EURO
b) to pass to the 1st stage one should subsidy chosen Projects for the amount of 50 EURO
c) to pass to the 2nd stage one should subsidy chosen Projects for the amount of 200 EURO
d) to pass to the 3rd stage one should subsidy chosen Projects for the amount of 800 EURO
e) to pass to the 4th stage one should subsidy chosen Projects for the amount of 3200 EURO
f) to pass to the 5th stage one should subsidy chosen Projects for the amount of 12800 EURO
g) to pass to the 6th stage one should subsidy chosen Projects for the amount of 51200 EURO
1. The Administrator does his best to make the amount of collected financial means visible and updated.
2. The Participant has the right to pay out the money up to the amount of means available for withdrawal for the particular Project.
3. To realize the withdrawal order one shall give bank account number and PIN (password) used to confirm the orders of withdrawal.
4. Other additional information which the Participant placed in the order have no crucial meaning for the realization of the transfer. The transfer is considered to be correctly realized, for the correct recipient when the financial means are transferred for the given by the Participant bank account.
5. The Operator shall transfer the collected financial means to the participant up to three working days , reduced of the due commission in the amount of 4%.
6. Banking fees and fees for the electronic banking service are borne by the Participant.
7. The Participant resigns from payment by the Operator of benefits accrued for the period of collecting funds
8. The Participant is obliged to pay income tax in accordance with the Polish legal regulations on the day of tax duty obligation, or due to other legal regulations of the particular country valid in connection with the above.
§8 RESPONSIBILITY
1. The Administrator does his best to make the Service function efficiently and the accounts of the users be properly secured.
2. The Administrator has the right temporarily to switch off the Service in order to update and technically improve the equipment and functioning of the Service, or to extend the operational functions. The information concerning such breaks shall be placed on the site of the Service.
3. The Administrator is not responsible for the difficulties concerning functioning of the Service or some of the functions being unavailable resulting from incorrect technical configuration of the devices used by the Users to connect with the Service.
4. The Administrator does not bear any responsibility for disturbances in functioning of the Service caused by force majeure, third parties and also occurring as a result of a breakdown of ICT systems and power network.
5. The Administrator does not bear any responsibility for damages caused to the User by third parties who obtained the access to the User’s Account as a result of careless activities of the User.
6. The Administrator does not bear any responsibility regarding the Users and third parties for:
a) contents of the Users’/Participants’ materials located by the Users/Participants in the Service,
b) any damages of the User caused by incorrect data record or data reading of the data downloaded by the Users,
c) the way in which the Users shall use their Accounts.
1. The Administrator does not supervise the realization of the Projects placed in the Service and does not bear any due responsibility .
2. The Administrator does not bear any responsibility for activities and failures of the Participant , especially for the correct settling financial issues and payment of tax dues, including income tax and/or donation tax and constitutes a subject mediating in transferring financial means between the Users/Participants of the Service.
§9 COMPLAINTS
1. The User of the Service has the right to lodge a complaint concerning matters connected with functioning of the Service, and also performing the services by the Administrator mentioned in §4 of this Terms of use.
2. Complaints must be lodged in electronic form to the address: office@vivoins.com or by means of a letter to the address of the company seat.
3. Complaints are considered by the Administrator within 14 working days from of the day of receiving them.
4. The Administrator has the right to prolong the term of considering the complaint when it is complicated or requires additional explanations from the User, and when there are other obstacles independent of the Administrator. In such the event the Administrator shall notify the User about the date of investigating the complaint.
5. Placing the complaint in the electronic form the User hereby agrees for reception of the reply in the same form.
6. Replies to the complaints sent by letters may be carried out in electronic way.
7. A date of entering the data constituting the reply into the ICT system are treaded as the date of replying.
§10 TERMINATION OF THE CONTRACT, BLOCKING THE ACCOUNT
1. Resignation from the services of the Service takes place by removal of the Account. In order to remove the user’s account from the Service one should send an electronic message with a request to remove the user’s account from the Service to the address admin@vivoins.com. Sending the application requesting the removal of the account is equal to the complete resignation from the services of the Service. With receiving the application by the Administrator the subject ceases to have the status of the User and/or Participant, due to the regulations of this Terms of use.
2. The Administrator has the right to block and to remove the account of the User in case of breaching any provisions of this Terms of use, or to block the Account of the user till the time of explaining the situation because of the notification concerning breaching the provisions of this Terms of use by the User.
3. The Administrator has the right to block and to remove the Account of the User the activities of whom are against the legal regulations, harmful for other users of the Service.
4. Blocking the Account results in the lack of possibility for the user to perform any activities up to the moment of unblocking the Account by the Administrator. The User has no possibility to remove the Account while it is blocked.
5. Removing the Account as a result of the above mentioned reasons is equal with the loss of the status of the User/Participant. The User/participant shall be notified about the fact of no longer possessing the status of the User/Participant by means of an e-mail sent to the address given by the User in the registering form.
6. In the event of the User being inactive, the Administrator transfers collected financial means within the subsidy of the particular project of the User to the organization chosen by him, at the same time removing the project from the accounts of the User.
7. In the event of the removal of the account due to the reasons on the side of the User/Participant regulation §10, par 6 of the Terms of use applies.
§11 PROTECTION OF PERSONAL DATA
1. The Administrator of the Service is also and administrator of personal data due to the regulations of the act from 29.August 1997 concerning protection of personal data (Journal of Laws 1997 no 133, item 883 with alterations).
2. The Administrator, in accordance with the act from 29.August 1997 concerning protection of personal data (Journal of Laws 1997 no 133, item 883 with alterations) provides protection of personal data gathered by the system and recorded on the server.
3. The Administrator does not share gathered information concerning the Users to the third parties, unless this Terms of use or legal regulations indicate otherwise.
4. The Administrator of the personal data reports a set of data in accordance with the regulations concerning protection of personal data.
5. The above mentioned data is gathered in order to assure proper functioning of the Service and realization of the Projects in accordance with the legal regulations and this Terms of use, and other legally justified purposes.
6. The Administrator may transfer or make the data available for third parties in the following situations:
- the User will agree for it,
- it will be justified by the legal regulations.
7. The Administrator has the right to gather and transfer the data to tax administration authorities of other Participants obliged to settle the payments for those authorities, in accordance with legal regulations in force. The Administrator does not bear any responsibility for the way of processing and use of data transferred in order to realize the obligations resulting from the legal regulations.
8. The User/Participant is obliged to make available all data which is commonly required by the legal regulations and is required by the tax administration authorities.
§12 COPYRIGHT
1. The Participant hereby states that he has complete proprietary copyrights concerning all contents/materials placed in the Service.
2. The Administrator does not bear any responsibility for any activities of the users which may breach the copyrights of third persons.
3. The Participant waives any claims connected with the copyrights in the event of losing the status of the Participant/User on the basis of the rules determined by this Terms of use.
§13 FINAL PROVISIONS
1. The present Terms of use are available in the main office of the Administrator and at www.vivoins.com in electronic version.
2. Considering any provision of the Terms of use or its part as invalid or infeasible does not influence the validity and efficiency of the other provisions of the Terms of use.
3. The Administrator has the right to introduce alterations to the Terms of use.
4. The alteration becomes effective in the period indicated by the Administrator, which cannot be shorter than 7 days from the moment of making the allteredTerms of use available in the Service.
5. In cases not regulated by the terms of use Polish law regulations apply, especially those of a Civil Code.
6. The parties shall try to solve any discrepancies resulting from the realization of the provisions of the Terms of use in amicable way. In the event of lack of agreement the discrepancies shall be resolved by the court appropriate for the main office of the Administrator.
7. The present Terms of use are valid from 25.05.2018

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