1. GENERAL PROVISIONS
The Electronic Service Newsletter is provided by the Mudita sp. z o.o. with its registered office in Warsaw (02-607), ul. Jana Czeczota 6, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, entry no. 0000467620, Tax Identification Number: 525252558282 and Statistical Identification Number: 14676767613, share capital of PLN 600 000.00, phone number: +48223433783, e-mail adress: email@example.com, (hereinafter referred to as Mudita or Service Provider).
Business day - one day from Monday to Friday, excluding public holidays.
Civil Code - the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
Lead magnet - "Sleep Journal" (an e-book in .pdf format that allows self-analysis of bedtime-related habits, produced and delivered in digital form in exchange for providing personal data or payment of a fee).
Newsletter - an electronic distribution service provided by the Service Provider via electronic mail, consisting of sending periodic messages to Service Recipients, to the email addresses provided by them, containing information about the Service Provider's activities.
Regulations - these regulations for using the Newsletter.
Website - the Internet service available at the address: https://mudita.com/, owned and administered by Mudita.
Electronic service - a service provided electronically by the Service Provider to the Service Recipient through the website available at the address: https://mudita.com/, in accordance with the Regulations.
Service Recipient - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity, using the Electronic Service.
Service Provider - Mudita sp. z o.o. with its registered office in Warsaw (02-607), ul. Jana Czeczota 6, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, entry no. 0000467620, Tax Identification Number: 525252558282 and Statistical Identification Number: 14676767613, share capital of PLN 600 000.00, phone number: +48223433783, e-mail adress: firstname.lastname@example.org.
The Regulations are addressed to both consumers and entrepreneurs using the Newsletter. The provisions of these Regulations do not exclude or limit any rights of consumers granted to them under mandatory provisions of law - any doubts are resolved in favor of the consumer. In the event of a conflict between the provisions of these Regulations and the above provisions, the latter shall take precedence.
2. ELECTRONIC SERVICE - NEWSLETTER
The Service Provider provides the Newsletter through the Website.
Commencement of using the Newsletter occurs after fulfilling all three successive steps:
Providing the first name and last name, email address to which subsequent editions of the Newsletter are to be sent - in the Newsletter subscription form posted on the Website;
clicking the "Subscribe" box confirming the subscription to the Newsletter;
confirming the willingness to receive the Newsletter by clicking the confirmation link sent to the provided email address (double opt-in mechanism).
The Service Recipient may also subscribe to the Newsletter by checking the appropriate checkbox during account creation or placing an order on the Website - in such case, upon account creation and placing an order, the Service Recipient is subscribed to the Newsletter.
3. TERMS OF NEWSLETTER USAGE
Usage of the Newsletter is free of charge.
The Newsletter service is provided indefinitely.
Technical requirements necessary for cooperation with the teleinformatics system used by the Service Provider:
Access to the Internet;
Any up-to-date operating system;
Properly configured, current version of a standard web browser with file support enabled, e.g. Mozilla Firefox, Google Chrome, Internet Explorer;
Active email account;
Keyboard or other input method.
The Service Recipient is obliged to use the Newsletter in a lawful and ethical manner, respecting personal rights, data protection, and the rights of other Service Recipients and third parties, including copyright and intellectual property rights. Unlawful actions that could impede the functioning of the Newsletter or expose the Service Provider to criminal liability or loss of reputation are prohibited.
The Service Recipient must provide accurate data and update it in case of any changes.
The Service Recipient is prohibited from providing unlawful content.
4. LEAD MAGNET TERMS
The Service Provider enables the Service Recipient who enters into a Newsletter agreement to simultaneously enter into an agreement for the free delivery of a Lead magnet in exchange for providing personal data (a gift in the form of an e-book for subscription).
The agreement for the free delivery of the Lead magnet is concluded upon entering into the Electronic Service Newsletter Agreement, as mentioned in Chapter 2, points 2 and 3 above.
Delivery of the Lead magnet will occur immediately after the agreement is concluded, but no later than within 3 business days from the day of its conclusion.
The technical requirement necessary to read the Lead magnet is any program that supports electronic files in pdf format.
A User who does not wish to provide personal data for the delivery of the Lead magnet and the provision of the Newsletter service can obtain the Lead magnet by paying a price determined by the Service Provider. For this purpose, the Service Recipient should contact the Service Provider at the email address email@example.com.
5. TERMS OF NEWSLETTER CANCELLATION
This section of the Regulations concerns agreements concluded between the Service Recipient and the Service Provider, i.e., related to the provision of Electronic Services.
The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.
Termination of the agreement for the provision of Electronic Services. The Service Recipient can cancel the Newsletter in the following ways:
By clicking the "Unsubscribe" link allowing cancellation of the Newsletter, located at the bottom of each Newsletter message, sent to the provided email address.
By terminating the agreement without specifying reasons by sending a relevant statement, in particular via email at: firstname.lastname@example.org or in writing to the adress ul. Jana Czeczota 6, 02-607 Warszawa.
In the case of Service Recipients who are not also consumers, the Service Provider can terminate the indefinite continuous agreement for the provision of Electronic Services with immediate effect and without stating reasons, by sending a relevant statement via email or in writing.
6. COMPLAINT PROCEDURE
Complaints related to the provision of the Newsletter can be submitted by the Service Recipient, especially via email at: email@example.com or in writing to the adress ul. Jana Czeczota 6, 02-607 Warszawa. It is recommended to provide as much information and circumstances concerning the subject of the complaint as possible in the above message, including the type and date of irregularities and contact details. This will facilitate and expedite the examination of the complaint by the Service Provider.
The Service Provider will examine the complaint without delay, no later than within 14 days.
The Service Provider's response regarding the complaint is sent to the Service Recipient's email address provided in the complaint report or by another method specified by the Service Recipient.
7. RIGHT OF WITHDRAWAL FROM ELECTRONIC SERVICE AGREEMENT
The right of withdrawal from a distance contract does not apply to a consumer in relation to contracts:
for the provision of services, if the Seller has fully performed the service with the explicit consent of the consumer who was informed before the performance began that after the service is performed by the Seller, the consumer will lose the right to withdraw from the contract,
for the supply of digital content not supplied on a tangible medium, if the performance of the service has begun with the explicit consent of the consumer before the expiry of the withdrawal period and after the consumer has been informed by the Seller of the loss of the right of withdrawal from the contract.
Regardless of point 1, a Service Recipient who is also a consumer and has concluded a distance contract with the Service Provider may withdraw from it without giving reasons by submitting an appropriate written statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiration, in particular via email at: firstname.lastname@example.org or in writing to the address: ul. Jana Czeczota 6, 02-607 Warszawa.
The Newsletter, and especially the Lead magnet, may constitute works within the meaning of the Act of February 4, 1994, on copyright and related rights, subject to legal protection, and are the intellectual property of the Service Provider and/or third parties who are their owners/authors, and have been made available solely for the use of the Website, which the Service Recipient accepts by accepting the Regulations.
The Service Provider grants the User a non-exclusive license, without the right to sublicense, to use the Newsletter. Within the scope of the Newsletter, the Service Recipient is authorized to use it solely for their own needs, without territorial limitations, in the following fields of exploitation:
In terms of recording the work - digital recording - recording through digital processing,
Printing for personal use of materials in pdf format, if required by the nature of the Newsletter,
Recording by digital method, modifications for personal use within the scope indicated in relevant instructions or comments, e.g. on their own hard drive or in recommended external programs.
The license referred to in point 2 is valid for the duration of the Service Recipient's access to the Newsletter. The access period, and thus the duration of the license, is indicated in the Newsletter description, and if not stated otherwise, is granted for one year from the date of subscribing to the Newsletter or Lead magnet. The consideration for granting the license is included in the payment made by the User (in the case of a paid service) or is free of charge (in the case of providing personal data in exchange for the Newsletter).
It is expressly prohibited, both in relation to the entire Newsletter and Lead magnet as well as their parts, without the explicit consent of the Service Provider:
sharing and presenting them to third parties,
publishing, except where explicitly allowed by the Service Provider,
copying, reproducing for purposes other than personal use.
The User undertakes to exercise due diligence to prevent the Newsletter or Lead magnet from being disclosed to third parties.
The Service Provider hereby informs the Service Recipient that any distribution of any content provided by the Service Provider as part of the Newsletter constitutes a violation of the law and may result in civil or criminal liability. The Service Provider may also seek appropriate compensation or redress for the incurred material or non-material losses in accordance with applicable regulations.
The Service Provider is entitled to periodically update the content provided as part of the Newsletter in accordance with the provisions of the Regulations.
9. FINAL PROVISIONS
Agreements for the provision of Electronic Services are concluded in the Polish language.
Amendment of the Regulations:
The Service Provider reserves the right to amend the Regulations for valid reasons, namely: changes in the law; changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of the Regulations.
In the case of concluding a continuous agreement based on the Regulations, the amended regulations bind the Service Recipient, if the requirements specified in Article 384 and 3841 of the Civil Code are met, i.e., the Service Recipient has been properly informed about the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that a change in the Regulations results in the introduction of any new fees or an increase in existing ones, a consumer Service Recipient has the right to withdraw from the agreement.
Matters not regulated in the Regulations are subject to the universally applicable provisions of Polish law, in particular the provisions:
of the Civil Code (Journal of Laws of 2022, item 1360);
of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2020, item 344);
for Sales Agreements concluded before December 24, 2014, with Customers who are consumers - the provisions of the Act on certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271, as amended), and the Act on specific terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended);
for Sales Agreements concluded from December 25, 2014, with Customers who are consumers - the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2020, item 287);
other relevant provisions of universally applicable law.