Newsletter Terms

§ 1 General Provisions

The owner of the website vertiny.com (hereinafter the “Website”) and the service provider is [TO BE COMPLETED], conducting business as a sole proprietor under the name Vertiny, ul. Żelazna 51, 00-841 Warsaw, NIP: [TO BE COMPLETED], REGON: [TO BE COMPLETED], email address: contact@vertiny.com (hereinafter the “Service Provider”).
These Terms set out the rules for the free-of-charge provision of the Newsletter service by electronic means and the delivery of Additional Materials, and constitute terms and conditions within the meaning of Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means.
The Newsletter service is available through the Website and its subpages, in particular through the subscription forms made available on them.
The Service Provider makes these Terms available free of charge prior to the conclusion of the Agreement in a manner that allows them to be obtained, reproduced and recorded, including downloaded, saved on a data carrier or printed.
Use of the Newsletter service is voluntary.

§ 2 Definitions

The terms used in these Terms shall have the following meanings:

Service Provider — the entity indicated in § 1(1).
Website — the website available at vertiny.com, together with its subpages.
User — a natural person with full legal capacity, a legal person, or an organisational entity without legal personality to which legal capacity is granted by law, using the Newsletter service. A natural person with limited legal capacity may conclude the Agreement only with the consent of their statutory representative.
Newsletter — a service provided by electronic means consisting in the periodic sending, to the email address indicated by the User, of messages containing informational and educational content concerning the Service Provider’s field of activity, information about publications, materials, products, services and events, as well as commercial and marketing information.
Additional Material — a file or other content made available to the User in connection with ordering the Newsletter, in particular an e-book, checklist, template or recording.
Digital Content — the Newsletter and Additional Materials constituting digital content within the meaning of the Act of 30 May 2014 on Consumer Rights.
Agreement — an agreement for the provision of Digital Content concluded by the Service Provider with the User under the terms set out in these Terms.
Subscription Form — an electronic form made available on the Website for ordering the Newsletter service.
Privacy Policy — a document available on the Website setting out the principles of personal data processing.
Consumer — a natural person entering into a legal transaction with the Service Provider that is not directly related to their business or professional activity.
Entrepreneur with Consumer Rights — a natural person entering into an agreement with the Service Provider directly related to their business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject matter of the business activity conducted by that person as disclosed on the basis of the provisions on the Central Register and Information on Business Activity.
Protected User — a User who is a Consumer or an Entrepreneur with Consumer Rights.
Terms — these Newsletter Terms.

§ 3 Conclusion of the Agreement and Provision of the Service

The Newsletter service is ordered by:
1. completing the Subscription Form — providing an email address and, if required by the form, a first name — and submitting it;
2. clicking the confirmation link sent by the Service Provider to the email address provided.
The Agreement is concluded for an indefinite period upon confirmation of the subscription in the manner specified in section 1(2). At that time, the User’s email address is added to the subscriber list and the Service Provider commences provision of the service.
Submission of the Subscription Form and confirmation of the subscription constitute acceptance of these Terms, confirmation that the Privacy Policy has been read, and consent to the use of telecommunications terminal equipment and automated calling systems for direct marketing purposes, including the sending of commercial information to the email address provided, in accordance with Article 398 of the Act of 12 July 2024 — the Electronic Communications Law.
The Newsletter service is provided free of charge. The User is not required to pay any fees to the Service Provider in connection with the service; data transmission costs arise solely under the User’s agreement with their telecommunications service provider. In exchange for the Digital Content, the User provides personal data to the extent indicated in section 1(1).
The User shall provide accurate data relating to themselves or data they are authorised to use and shall update such data if it changes.
The User is prohibited from providing unlawful content, including in correspondence sent to the Service Provider in connection with the Newsletter service.
The Newsletter is delivered on an ongoing basis, at intervals determined by the Service Provider. The Service Provider does not guarantee a fixed frequency of delivery.
The Service Provider may make an Additional Material available to the User in connection with the order for the Newsletter. The Additional Material is delivered without undue delay after conclusion of the Agreement by sending a file or a link enabling its download to the User’s email address.

§ 4 Digital Content Compliance and the Service Provider’s Liability

The Service Provider shall be liable to the Protected User for the conformity of the Digital Content with the Agreement in accordance with Chapter 5b of the Consumer Rights Act.
As the Newsletter is provided continuously, the Service Provider shall be liable for any lack of conformity with the Agreement that occurred or became apparent during the period in which the Newsletter was to be provided.
If the Service Provider has failed to provide the Digital Content, the Protected User may request that it be provided. If, despite such request, the Service Provider fails to provide it without undue delay or within an expressly agreed additional period, the Protected User may withdraw from the Agreement. Withdrawal without a prior request is permitted in the cases specified in the Consumer Rights Act, in particular where the Service Provider’s statement or the circumstances clearly indicate that the Digital Content will not be provided.
In the event of a lack of conformity of the Digital Content with the Agreement, the Protected User may request that it be brought into conformity with the Agreement and, in the cases specified in the Consumer Rights Act, may make a statement of withdrawal from the Agreement.
The Protected User shall cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means available to them, in order to determine whether the lack of conformity of the Digital Content with the Agreement results from the characteristics of the User’s digital environment.
Sections 1–5 shall not apply to a User who is not a Protected User. The Service Provider’s liability towards such User shall be governed by the provisions of the Civil Code and, to the extent permitted by law and taking into account the free-of-charge nature of the service, shall be limited to damage caused intentionally.
Content provided as part of the Newsletter and the Additional Materials is for informational and educational purposes only. It does not constitute individual advice or consultancy — in particular technical, legal, tax or business advice — and may not substitute for such advice. The User independently decides whether to apply any solutions presented, taking into account their own circumstances.

§ 5 Cancellation, Withdrawal from the Agreement and Termination

The User may terminate the Agreement (unsubscribe from the Newsletter) at any time, without giving a reason and without incurring any costs, by:
1. clicking the unsubscribe link included in each Newsletter message, or
2. sending a statement to contact@vertiny.com by email or in writing to the address indicated in § 1(1).
Termination by the User shall take effect immediately.
Regardless of the right referred to in section 1, the Protected User shall have the right to withdraw from the Agreement within 14 days from the date of its conclusion, without giving a reason and without incurring any costs. This right is independent of the right to withdraw due to a lack of conformity of the Digital Content with the Agreement referred to in § 4(3) and (4).
To meet the deadline, it is sufficient to send an unequivocal statement before its expiry to the email or postal address indicated in § 1(1). The Protected User may use the model withdrawal form constituting Annex 2 to the Consumer Rights Act, but is not required to do so.
The Service Provider may terminate the Agreement only in the event of:
1. discontinuation of the Newsletter service;
2. the User’s breach of these Terms, in particular the prohibition set out in § 3(6);
3. failure by the User to open any Newsletter message for a period of at least 12 months.
The Service Provider shall send a termination statement to the User’s email address. In the case of a Protected User, termination shall take effect subject to a 14-day notice period, except in the case referred to in section 5(2), in which the Service Provider may terminate the Agreement with immediate effect.
Termination of the Agreement results in removal of the User’s email address from the subscriber list. Termination of the Agreement does not affect the lawfulness of personal data processing carried out before termination; the Privacy Policy governs further processing of the data.

§ 6 Intellectual Property Rights

Digital Content made available by the Service Provider, including texts, graphics, photographs, code snippets and templates, is owned by the Service Provider or is used by the Service Provider on the basis of appropriate licences or permissions from entitled parties.
The User may use the Digital Content solely for their own purposes — personal purposes or the internal purposes of their business. Use for one’s own purposes includes, in particular, reviewing the Digital Content, storing it and applying the solutions contained therein within their own business.
Without the Service Provider’s prior consent, granted at least in documentary form, it is in particular prohibited to:
1. reproduce the Digital Content and make it available to third parties;
2. publish or distribute it, including on the Internet;
3. resell it or otherwise make it available for consideration;
4. use it in marketing, commercial or training materials directed to third parties;
5. use it to train artificial intelligence models or to create datasets intended for such training.
The provisions of this section do not limit rights arising under applicable fair use or permitted use provisions.

§ 7 Technical Requirements and Security

The following are required for proper use of the Newsletter service:
1. a device with Internet access equipped with a functioning operating system;
2. an up-to-date web browser supporting JavaScript;
3. an active Internet connection;
4. an active email account;
5. software enabling files to be read in the formats in which the Additional Materials are provided (in particular .pdf, .docx, .xlsx, .mp4).
The Service Provider applies technical and organisational measures appropriate to the level of risk, including encryption of data transmitted through the Subscription Form using the TLS (SSL) protocol.
The Service Provider informs the User that the use of services provided electronically involves typical risks, in particular the risk of malware entering the User’s system, attempts to obtain data fraudulently (phishing), and impersonation of the sender of a message. To mitigate these risks, the User should use up-to-date software, use strong and unique email passwords, use antivirus software and exercise caution with messages containing unusual content.
Failure to meet the requirements specified in section 1 may prevent use of the Newsletter service or restrict access to it.
The Service Provider reserves the right to technical interruptions in the provision of the service resulting from maintenance work or the actions of third parties.

§ 8 Personal Data

The Service Provider is the controller of the User’s personal data.
Detailed information on the purposes and legal bases for data processing, data retention periods, data recipients and the User’s rights is set out in the Privacy Policy.
In connection with the provision of the Newsletter service, the Service Provider uses an email delivery system whose provider processes the User’s personal data on the basis of a data processing agreement concluded with the Service Provider. That provider is identified in the Privacy Policy.
Providing an email address is voluntary, but necessary for the conclusion and performance of the Agreement; failure to provide it prevents delivery of the Digital Content.

§ 9 Complaints and Out-of-Court Dispute Resolution

The User may submit a complaint regarding the Newsletter or Additional Material by email to contact@vertiny.com or in writing to the address indicated in § 1(1).
A complaint should contain information enabling identification of the User (the email address provided upon subscription), an indication of what it concerns, a description of the irregularity together with the date on which it occurred, and the User’s request. Failure to provide this information may make it more difficult to consider the complaint.
The Service Provider shall respond to a complaint within 14 days from the date of its receipt. The response shall be sent to the User’s email address as a durable medium.
A User who is a Consumer may use out-of-court methods for handling complaints and pursuing claims, in particular:
1. apply to the permanent amicable consumer court operating at the provincial inspector of the Trade Inspection for resolution of the dispute;
2. apply to the provincial inspector of the Trade Inspection for the commencement of mediation proceedings;
3. use the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
The register of entities authorised to conduct proceedings for out-of-court consumer dispute resolution is maintained by the President of the Office of Competition and Consumer Protection and is available at: https://polubowne.uokik.gov.pl/rejestr,5,pl.html (in Polish).
Use of out-of-court complaint resolution methods is voluntary for both parties. The information contained in sections 4 and 5 is provided for informational purposes only and does not constitute a submission to arbitration or an obligation on the part of the Service Provider to participate in mediation or amicable proceedings.

§ 10 Changes to the Newsletter and the Terms

The Service Provider may modify the Newsletter or Additional Materials where the modification is not necessary to maintain their conformity with the Agreement only for the following justified reasons:
1. a change in the subject matter or format of the Newsletter resulting from a change in the Service Provider’s business profile or scope of activity;
2. a change in the functionality of the Newsletter or the manner in which it is delivered;
3. a change, withdrawal or replacement of the email delivery system or other tools used in providing the service;
4. the need to comply with changes in the law or with decisions, recommendations, interpretations or judgments of public authorities or courts;
5. security considerations or the development of technological solutions used by the Service Provider.
The change referred to in section 1 shall not result in any costs for the User. The Service Provider shall inform the User of the change in a clear and comprehensible manner.
If the change referred to in section 1 materially and adversely affects the Protected User’s access to or use of the Newsletter or Additional Materials, the Service Provider shall inform the Protected User in advance, on a durable medium, of the nature and timing of the change and of the right referred to in section 4.
In the case referred to in section 3, the Protected User may terminate the Agreement without a notice period within 30 days from the date of the change or, if notification was provided later than the change, from the date of notification.
The Service Provider may amend these Terms only in the event of:
1. a change in the law or the need to adapt these Terms to decisions, recommendations, interpretations or judgments of public authorities or courts;
2. a change in the scope or manner of providing the Newsletter service, including a change made pursuant to section 1;
3. a change in the technical conditions for providing the service;
4. a change in the Service Provider’s identification or contact details;
5. correction of editorial or linguistic errors that are not substantive.
The Service Provider shall inform the User of amendments to these Terms at the email address provided by the User, specifying the content of the amendments, their effective date and making a consolidated version of the Terms available. The amendments shall enter into force no earlier than 14 days after notification.
Before the amendments enter into force, the User may inform the Service Provider that they do not accept them. Such statement shall be equivalent to unsubscribing from the Newsletter and terminating the Agreement as of the date on which the amendments enter into force.
The amended Terms shall be binding on the User if the User has been duly notified of the amendments and has not terminated the Agreement within the period specified in section 6.

§ 11 Final Provisions

The Agreement is concluded in the Polish language. Matters not regulated by these Terms shall be governed by Polish law.
No provision of these Terms shall limit the rights of a Protected User arising from mandatory provisions of law. If any provision of these Terms is found to have such an effect, the generally applicable provisions of law shall apply.
Any disputes with a User who is not a Protected User shall be resolved by the court having territorial jurisdiction over the place where the Service Provider conducts its business activity.
These Terms shall enter into force on the date indicated at the beginning.