Stancja Terms of Service

General provisions

1. These Terms of Service set out the rules for the provision of electronic services via the Stancja mobile application and related websites, including the types and scope of services, conditions for their provision, conditions for concluding and terminating agreements, and the complaints procedure - in accordance with Art. 8 of the Act of 18 July 2002 on the provision of electronic services.
2. The service provider is MICHAŁ KUKIEŁKA MIDDLY, operating a sole proprietorship, NIP: 5833449726, REGON: 521901211, address: ul. prof. Romualda Cebertowicza 8D/38, 80-809 Gdańsk, Poland, e-mail: hello@stancja.app (hereinafter: the Service Provider).
3. The e-mail address indicated in paragraph 2 also serves as the contact point for users and authorities, including in matters of content reports (§10).
4. The Terms of Service are made available free of charge at stancja.app/regulamin, in a manner enabling their acquisition, reproduction, and retention (including download and print), as well as in the Application.
5. Use of the Services requires familiarisation with and acceptance of the Terms of Service. The rules for processing personal data are described in a separate Privacy Policy, available at stancja.app/prywatnosc.

Definitions

1. Application - the Stancja mobile application (iOS, Android) and related websites of the Service Provider, including pages used for participation in a Protocol and account management.
2. Services - electronic services provided by the Service Provider, as described in §3.
3. Account - an individual Landlord account in the Application.
4. Landlord - a User holding an Account, creating Protocols and inviting Tenants to them. A Landlord may be a consumer, entrepreneur (including an entrepreneur-consumer), or a person acting on behalf of an organisational unit.
5. Tenant - a person invited by the Landlord to participate in a Protocol, using the Application without creating an Account, on the basis of an individual link with a unique access token.
6. User - a Landlord or Tenant.
7. Protocol - electronic documentation of the condition of premises created in the Application (handover protocol), including in particular a list of rooms and their elements, condition ratings, remarks, photos, data identifying the parties, and electronic signatures of the parties, together with the generated PDF document and integrity safeguards.
8. Content - any content entered into the Application by Users, in particular photos, descriptions, remarks, party data, and signatures.
9. Consumer - a natural person entering into a legal transaction with the Service Provider that is not directly related to their business or professional activity.
10. Entrepreneur-consumer - a natural person entering into an agreement directly related to their business activity where, from the content of the agreement, it follows that it does not have a professional character for them; provisions concerning Consumers apply to entrepreneur-consumers to the extent provided by law.
11. eIDAS - Regulation (EU) No 910/2014 of the European Parliament and of the Council.

Types and scope of Services

1. The Service Provider provides the following Services electronically:

1) maintenance of the Landlord's Account (registration, login, account management); 2) creation and editing of Protocols, including adding rooms, furnishings, condition ratings (Good / Satisfactory / Damaged), remarks, photos, meter readings, and a record of handed-over keys and other access items; 3) inviting the Tenant to a Protocol via an individual link with an access token, sent among other means by e-mail; 4) joint review and completion of the Protocol by the parties; 5) submission of electronic signatures by the parties to the Protocol; 6) generation of the Protocol PDF document and integrity safeguards (SHA-256 cryptographic hashes, timestamps); 7) storage of Protocols and making them available to the parties; 8) sending transactional e-mail messages related to the Services (e.g. invitations, signing notifications, account-related messages).

1. The Application is a tool for documenting the condition of premises. The Service Provider does not provide legal services or legal advice, is not a party to the lease relationship between the Landlord and the Tenant, and does not mediate in its conclusion.
2. The scope of features may vary depending on the Application version and platform.

Technical requirements

1. Use of the Application requires:

1) a mobile device running a version of iOS or Android currently supported by the Application and required in the App Store or Google Play; 2) Internet access; 3) an active e-mail address (for the Landlord - for registration; for the Tenant - to receive the invitation and confirmations); 4) for the photo upload feature - a camera or access to the device gallery (with the User's consent granted at the operating system level).

1. Use of the websites requires a current version of a popular browser with JavaScript enabled.
2. The Service Provider informs that use of electronically provided services involves typical risks occurring on the Internet (e.g. malware, phishing). It is recommended to use up-to-date software and exercise caution regarding messages impersonating the Service Provider.

Landlord's Account - conclusion of the agreement

1. The agreement for the provision of Services in respect of Account maintenance is concluded for an indefinite period upon acceptance of the Terms of Service and completion of registration, which takes place either by providing an e-mail address and setting a password, or by authenticating via an external login service (Sign in with Google or Sign in with Apple). Where external login is used, the Account e-mail address is the address obtained from the provider (in the case of Apple, this may be a private "Hide My Email" relay address); the scope of data obtained from the provider is described in the Privacy Policy.
2. An Account may be created only by an adult with full legal capacity.
3. If an Account is created on behalf of an entrepreneur or other organisational unit, the registering person declares that they are authorised to act on its behalf.
4. The Landlord undertakes to provide true and current data, protect login credentials, and not share the Account with third parties.
5. The Service Provider may refuse registration or block an Account in the cases specified in §10 and §14.

Tenant's participation in a Protocol

1. The Tenant gains access to a Protocol on the basis of an individual link with a unique token, without the need to create an Account.
2. Upon first use of the link and acceptance of the Terms of Service, the Tenant concludes with the Service Provider a free agreement for the provision of Services in respect of participation in the given Protocol (review, completion within the scope made available by the Application, submission of a signature, receipt of the document). Acceptance of the Terms of Service is given by ticking the relevant consent in the Application and must occur no later than before signing.
3. The link with the token is assigned to the given Protocol and serves as proof of access. The Tenant undertakes not to share the link with third parties. The Service Provider may invalidate the token in the cases specified in §10 or upon a justified request from a party to the Protocol.
4. Verification of the Tenant within the Services is based on control of access to the indicated e-mail mailbox (delivery of the link / codes to the provided address). The Service Provider does not verify the identity of the parties in any other way and is not liable for the consequences of the parties providing false data.
5. The agreement with the Tenant expires upon completion of their participation in the Protocol (in particular: signing of the Protocol by both parties, invalidation or expiry of the token, or deletion of the Protocol), subject to retention provisions (§14(6) and the Privacy Policy).

Nature of the Protocol and electronic signature

1. The Protocol constitutes documentation of the condition of premises prepared by the parties. The parties who prepared and signed it are solely responsible for the conformity of the Protocol content (including photos, descriptions, and ratings) with the actual condition.
2. A signature submitted in the Application constitutes an electronic signature within the meaning of Art. 3(10) eIDAS. Pursuant to Art. 25(1) eIDAS, an electronic signature may not be denied legal effect or admissibility as evidence in legal proceedings solely because it is in electronic form.
3. A signature submitted in the Application is not a qualified electronic signature within the meaning of eIDAS and is not equivalent to a handwritten signature or compliance with the written form within the meaning of Art. 78 § 1 of the Civil Code.
4. Integrity safeguards (SHA-256 hashes, timestamps) serve to detect subsequent changes to documentation and confirm its consistency. The integrity of documentation is not equivalent to the truthfulness of its content.
5. The Service Provider does not guarantee that the parties will achieve any legal effects or a specific evidentiary value of the Protocol. Assessment of evidence rests each time with the competent court or authority.

User Content and licence

1. The User bears full responsibility for the Content they enter. By entering Content, the User declares that they hold the rights necessary for its use within the Services and that the Content does not infringe law or the rights of third parties.
2. If Content (in particular photos) contains personal data or the image of third parties, the User is responsible for the existence of a legal basis for its entry and making it available to the other party to the Protocol.
3. The User grants the Service Provider a free, non-exclusive licence to use the Content solely to the extent necessary for the provision of Services, covering: technical fixation and reproduction, storage, technical processing (including generation of the PDF document and cryptographic hashes), making it available to the other party to the Protocol, and creating backups - for the duration of the provision of Services and the retention period arising from §14(6) and the Privacy Policy.
4. The Service Provider does not use Content for marketing purposes or for training artificial intelligence models. Any future AI-based features will process Content only on an ad hoc basis, at the User's request and for the purpose of performing the given feature; their introduction will be preceded by an update of the Terms of Service and Privacy Policy.

Rules of acceptable use; prohibition of unlawful content

1. It is prohibited for the User to provide content of an unlawful nature.
2. In particular, it is prohibited to enter Content that:

1) infringes legal provisions or the rights of third parties (including copyright, personality rights, privacy); 2) contains pornographic, graphic, or hate-inciting or violence-inciting material; 3) is offensive, harassing, intimidating, or discriminatory; 4) misleads as to the identity of a party or the condition of the premises in a manner intended to defraud; 5) contains malware or links to it; 6) contains personal data of third parties entered without a legal basis; 7) is unrelated to the purpose of the Application, i.e. documenting the condition of premises.

1. It is further prohibited to: interfere with the operation of the Application, circumvent safeguards (including integrity mechanisms and access tokens), attempt unauthorised access to other Users' data, use the Application in an automated manner without the Service Provider's consent, and use the Services to send unsolicited messages.
2. The Service Provider applies a zero tolerance policy for objectionable content and for Users committing abuse. Violations may result in immediate application of the measures described in §10, including Account deletion.

Reporting violations and moderation

1. Anyone may report to the Service Provider content they consider unlawful or in breach of the Terms of Service, by e-mail to: hello@stancja.app. Users may additionally submit a report via the "Report violation" feature available in the Application (in the Protocol actions sheet and on the photo preview).
2. A report should include: identification of the content (e.g. Protocol identifier or description enabling its location), justification, the reporter's contact details, and a declaration of good faith as to the truthfulness of the report. Absence of elements does not preclude consideration but may delay it.
3. The Service Provider considers reports without undue delay, with due care and in a non-arbitrary manner, and informs the reporter of the decision taken and, as a rule, also the User whose content is concerned, together with a concise justification. Reports concerning objectionable content (§9(4)) are considered on a priority basis - no later than within 24 hours of receipt - by removing the content or preventing access to it and applying the measures in paragraph 4 against the User responsible for the violation.
4. Where a violation is found, the Service Provider may in particular: remove Content or prevent access to it, invalidate the Tenant's access token, restrict Account functions, suspend or delete the Account.
5. With respect to Content contained in a signed Protocol, measures consist in preventing access to the content (including blocking sharing or download), not editing it - editing would compromise the integrity of the documentation.
6. An appeal against the Service Provider's decision may be lodged to the address in paragraph 1 within 14 days of receipt of information about the decision; the Service Provider considers the appeal within 14 days.
7. In the case of repeated submission of manifestly unfounded reports, the Service Provider may - after prior warning - suspend consideration of reports from the given reporter for a reasonable period.

Fees

1. As of the effective date of the Terms of Service, all Services are provided free of charge.
2. The Service Provider may in the future introduce paid features. Introduction of fees will: (a) take place under the Terms of Service amendment procedure (§18), (b) require explicit acceptance of the paid terms before they apply to the User, (c) not deprive the User of access to already signed Protocols - at least downloading the final PDF document.

Complaints

1. Complaints regarding the Services may be submitted by e-mail to: hello@stancja.app or in writing to the Service Provider's address.
2. A complaint should include: data enabling identification of the User (e.g. Account e-mail address or Protocol identifier), a description of the problem, and the request.
3. The Service Provider provides a response within 14 days of receipt of the complaint, on a durable medium (e-mail). Failure to respond within this period to a Consumer constitutes acceptance of the complaint.

Right of withdrawal (Consumers and entrepreneur-consumers)

1. A Consumer and entrepreneur-consumer may withdraw from the agreement for the provision of Services (including the Account maintenance agreement) within 14 days of its conclusion, without giving reasons, by submitting a statement e.g. by e-mail to the address in §1(2). The template in Appendix No. 1 may be used.
2. Withdrawal results in termination of the agreement; data are governed by the rules in §14(6) and the Privacy Policy.

Duration and termination of the agreement; Account deletion

1. The Account maintenance agreement is concluded for an indefinite period.
2. The Landlord may terminate the agreement at any time with immediate effect by deleting the Account: in the Application (Settings → Delete account), via the website stancja.app/usun-konto, or by submitting a request by e-mail to the address in §1(2).
3. The Service Provider may terminate the agreement with 14 days' notice for important reasons, such as: discontinuation of a given Service, material change of law or decisions of competent authorities. Termination is effected by e-mail to the address assigned to the Account.
4. The Service Provider may terminate the agreement with immediate effect or suspend the Account in the case of a gross breach of the Terms of Service (in particular §9) or where required by law; in other cases of breaches - after an ineffective request to cease.
5. Termination of the agreement with the Landlord does not affect the Tenant's rights arising from law with respect to documentation of which they are a party, to the extent described in the Privacy Policy.
6. The effects of termination of the agreement for data and Protocols are specified in the Privacy Policy, in particular: (a) draft versions and Protocols that are unsigned or signed by only one party are permanently deleted; (b) Protocols signed by both parties are retained as an immutable PDF file for a period of 6 years from the date of signing on the terms described in the Privacy Policy and in §15(10).

Entrustment of personal data processing (data processing agreement)

1. With respect to personal data contained in Protocol Content, the Landlord is the controller and the Service Provider acts as a processor. This section constitutes a data processing agreement within the meaning of Art. 28(3) GDPR, concluded upon acceptance of the Terms of Service by the Landlord.
2. Subject matter, nature, and purpose of processing: storage, organisation, technical processing (including generation of PDF documents and cryptographic hashes), making available to parties to the Protocol, and sending related messages - solely for the purpose of providing the Services described in §3.
3. Duration of processing: the period of validity of the service provision agreement, subject to paragraph 10.
4. Types of data: identifying data of parties to the Protocol (full name, party identifier: PESEL or identity document number), Tenant's e-mail address, electronic signatures, content and photos (which may contain personal data, including image), integrity metadata.
5. Categories of data subjects: parties to the Protocol; other persons whose data appear in Content entered by the Landlord.
6. The Service Provider processes data solely on documented instruction from the Landlord, understood as the Landlord's use of Application features and the provisions of the Terms of Service, unless an obligation to process is imposed on the Service Provider by Union law or Polish law.
7. The Service Provider undertakes to: (a) ensure that persons authorised to process are bound by confidentiality; (b) apply measures required under Art. 32 GDPR; (c) to the extent possible and taking into account the nature of processing - assist the Landlord in fulfilling the obligation to respond to requests from data subjects (Chapter III GDPR) and obligations under Arts. 32–36 GDPR; (d) inform the Landlord without undue delay of a confirmed breach of entrusted data protection; (e) provide information necessary to demonstrate compliance with obligations under Art. 28 GDPR and enable audits - primarily in the form of responses to questions and provision of documentation, with due regard to proportionality given the scale of the Service Provider's activity; (f) promptly inform the Landlord if, in the Service Provider's assessment, their instruction constitutes a breach of the GDPR.
8. Sub-processing: The Landlord gives general consent for the Service Provider to use further processors listed in the Privacy Policy. The Service Provider informs of intended changes to the sub-processor list by e-mail to the address assigned to the Account or by a notice in the Application at least 14 days in advance, enabling objection. An objection preventing further provision of Services entitles either party to terminate the agreement. The Service Provider imposes on sub-processors data protection obligations no less stringent than those arising from this section.
9. Upon completion of the provision of Services, the Service Provider deletes entrusted data in accordance with §14(6) and the Privacy Policy, subject to paragraph 10, unless Union law or Polish law requires their further retention.
10. Retention of signed Protocols: data contained in Protocols signed by both parties (final PDF document) - after termination of the agreement with the Landlord - the Service Provider continues to store as a separate controller, solely for the purpose of enabling parties to the Protocol to establish, exercise, or defend claims, including making the document available to a party upon request submitted by e-mail, after verification of the requester in the manner described in the Privacy Policy, for a period of 6 years from the date of signing.
11. With institutional clients, the Service Provider may conclude a separate written data processing agreement; in case of discrepancy, it takes precedence over this section.

Liability

1. The Service Provider provides the Services with due care. The Service Provider does not guarantee uninterrupted availability of the Application; it may carry out technical work, of which - where possible - it informs in advance.
2. The Service Provider applies backups and integrity mechanisms; regardless, it is recommended to download and retain final PDF documents of signed Protocols.
3. The Service Provider is not liable for Content entered by Users, within the limits arising from provisions on the liability of hosting service providers; upon receipt of a credible report, it applies §10.
4. The Service Provider is not liable for: consequences of Users providing false data, sharing by the Tenant of the link with token with third parties, inability to use the Services for reasons on the User's side (e.g. lack of Internet, failure to meet requirements in §4), or decisions of courts or authorities regarding the evidentiary value of the Protocol (§7(5)).
5. With respect to Users who are not Consumers or entrepreneur-consumers, the Service Provider's liability is limited to actual damage, excluding lost profits, and to the amount of the sum of fees paid by the User in the last 12 months, and where the Service was provided free of charge - PLN 500 - except for damage caused intentionally.
6. No provision of the Terms of Service excludes or limits the Service Provider's liability to the extent that such exclusion or limitation is inadmissible towards a Consumer or entrepreneur-consumer under mandatory provisions of law.

Service Provider's intellectual property

1. The Application, its graphic elements, layout, the "Stancja" designation, and documentation are the subject of rights of the Service Provider or its licensors.
2. The User receives a non-exclusive, non-transferable licence to use the Application for their own needs, in accordance with its purpose and the Terms of Service. It is prohibited in particular to decompile, disassemble, or modify the Application beyond the scope permitted by mandatory provisions of law.
3. The licence does not cover User Content (to which §8 applies) and does not transfer to the User any rights to the Service Provider's designations.

Changes to the Terms of Service

1. The Service Provider may amend the Terms of Service for important reasons, in particular: changes in law or its interpretation, introduction, change, or withdrawal of features (including introduction of paid features - §11), security reasons, change of Service Provider data or sub-processors, need to adapt to distribution platform requirements.
2. The Service Provider informs of a change at least 14 days before it takes effect - by e-mail to the address assigned to the Account or by message in the Application. Changes of an exclusively editorial nature or beneficial to the User may take effect without observing this period.
3. A User who does not accept a change may terminate the agreement by the day it takes effect on the terms of §14(2). Use of the Services after a change takes effect constitutes acceptance of it; features requiring separate consent (e.g. paid) will additionally require explicit acceptance.
4. Signed Protocols concluded before a change are governed by the previous provisions with respect to the nature of the document and retention rules, unless the new provisions are more favourable to the User or the change results from legal provisions.

Distribution platforms (App Store / Google Play)

1. The Application is distributed via the App Store (Apple) and Google Play (Google). Use of these platforms is additionally subject to their own terms.
2. Where the Application is downloaded from the App Store: the licence agreement is concluded between the User and the Service Provider (not Apple); Apple is not obliged to provide support services for the Application; Apple and its affiliates are third-party beneficiaries of these Terms of Service with respect to the licence to the Application and are entitled to enforce its provisions against the User. In all other respects, the licence to the Application downloaded from the App Store is governed by Apple's standard licence agreement (EULA) specified in App Store Connect.
3. Google is not a party to the agreement between the User and the Service Provider and is not liable for the Application.

Governing law and dispute resolution

1. The Terms of Service are governed by Polish law. The choice of law does not deprive the Consumer of protection afforded by provisions that cannot be excluded by agreement under the law of their habitual residence.
2. Disputes with a User who is not a Consumer or entrepreneur-consumer are resolved by the court competent for the Service Provider's registered office. In disputes with a Consumer, court jurisdiction is determined by general provisions.
3. A Consumer may use out-of-court means of handling complaints and pursuing claims, including assistance from the county (municipal) consumer ombudsman, voivodeship trade inspection offices, or permanent arbitration courts. Information: uokik.gov.pl.

Final provisions

1. The Terms of Service have been drawn up in Polish; the binding version is the Polish version. Any future translations will be for information purposes only.
2. Invalidity or ineffectiveness of individual provisions does not affect the remainder of the Terms of Service; in place of invalid provisions, the legal provisions closest to the purpose of the Terms of Service apply.
3. Complete information on personal data processing is contained in the Privacy Policy.
4. Archived versions of the Terms of Service are available at stancja.app/prywatnosc.

Appendix No. 1 - model withdrawal statement

*(complete and return this form only if you wish to withdraw from the agreement)*

Addressee: MICHAŁ KUKIEŁKA MIDDLY, ul. prof. Romualda Cebertowicza 8D/38, 80-809 Gdańsk, Poland, e-mail: hello@stancja.app

I, the undersigned, hereby inform you of my withdrawal from the agreement for the provision of electronic services (account in the Stancja application).

• Date of conclusion of the agreement (registration): …
• E-mail address assigned to the account: …
• Full name: …
• Date: …
• Signature (only if the form is submitted in paper version): …