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TERMS AND CONDITIONS OF THE Studio Face APPLICATION

§1
General Provisions
  1. These terms and conditions (hereinafter referred to as the "Terms") define the rules and conditions for using the loyalty application "Studio Face" (hereinafter referred to as the "Application") and the Digital Services provided by the Service Provider within the Application.
  2. The Terms constitute the terms referred to in Article 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means (hereinafter referred to as the "Act on the Provision of Services by Electronic Means").
  3. The provider of the Digital Services within the Application is WILK, a z ograniczoną odpowiedzialnością company with its registered office in Piwniczna Zdrój (address: ul. Partyzantów 6, 33-350 Piwniczna-Zdrój), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court in dla Krakowa Śródmieścia w Krakowie, XII Commercial Division of the National Court Register under KRS number: 0001036738, holding NIP: 7343625418, REGON number: 525365873, with share capital of 5000 PLN (hereinafter referred to as the "Service Provider").
  4. The provider of the Digital Services within the Application is :company_details.jdg.name, conducting business under the name :company_details.jdg.name (permanent business address: :company_details.jdg.address), entered into the Central Register and Information on Economic Activity maintained by the Minister responsible for the economy, holding NIP: :company_details.jdg.nip, REGON number: :company_details.jdg.regon (hereinafter referred to as the "Service Provider").
  5. You can contact the Service Provider via:
    • Email - at the address: [email protected];
    • Traditional mail - at the address: Partyzantów 6, 33-350 Piwniczna-Zdrój;
    • Phone - at the number: +48 533 475 874.
  6. The information available in the Application about the Digital Services provided by the Service Provider constitutes an invitation to conclude an agreement as defined in Article 71 of the Polish Civil Code of 23 April 1964 (hereinafter referred to as the "Civil Code").
  7. Before starting to use the Application, the User is required to read these Terms and the Privacy Policy.
§2
Definitions
  1. The capitalized terms used in these Terms shall have the following meanings:
    • Consumer - a natural person who enters into a legal transaction with the Service Provider not directly related to their business or professional activity;
    • Account - a panel created in the Application's IT system that allows the User to use its functionalities;
    • Non-compliance - non-compliance of the Digital Service with the Agreement (the criteria for assessing compliance of the Digital Service with the Agreement are defined in Article 43k(1-2) of the Consumer Rights Act);
    • Privacy Policy - a document containing information about the processing of Users' personal data by the Service Provider;
    • Agreement - an agreement for the provision of a digital service as defined in the Consumer Rights Act, under which the Service Provider agrees to provide the User with the Digital Service free of charge, and the User agrees to provide the Service Provider with their data, including personal data;
    • Digital Service - a digital service as defined in the Consumer Rights Act, enabling the User to use the functionalities of the Application provided by the Service Provider, in particular accumulating points within a loyalty program conducted by the Service Provider;
    • User - a person who has entered into an Agreement with the Service Provider or has taken actions aimed at concluding an Agreement;
    • Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights.
  2. The capitalized terms used in these Terms that are not defined in paragraph 1 above have the meanings assigned to them in the body of these Terms.
§3
Technical Requirements
  1. For the proper use of Digital Services provided by the Service Provider via the Application, the following are required:
    • An Internet connection;
    • Devices that allow access to Internet resources;
    • An active email account;
    • A device with Android 8.0 or newer, or iOS 12.0 or newer operating system.
  2. Within the Application, Users are prohibited from using viruses, bots, worms, or other computer codes, files, or programs (particularly those automating processes such as scripts and applications or other codes, files, or tools).
  3. The Service Provider informs that cryptographic protection of electronic transfer and digital content is used through appropriate logical, organizational, and technical measures, particularly to prevent third-party access to data, including SSL encryption, use of access passwords, and antivirus or anti-malware software.
  4. The Service Provider informs that despite the safeguards mentioned in paragraph 3 above, the use of the Internet and services provided electronically may be subject to risks such as harmful software entering the User's IT system and devices or unauthorized access to data stored on these devices by third parties. To minimize these risks, the Service Provider recommends the use of antivirus software or measures that protect identity on the Internet.
§4
General Rules for Using Digital Services
  1. Using the Application requires its prior installation on the User's device.
  2. The Application can be downloaded and installed on the User's device via the Google Play application (owned by Google LLC) or the App Store application (owned by Apple Inc.), hereinafter collectively referred to as the "Stores", and individually as the "Store".
  3. The User is required to use the Application in compliance with applicable law, the provisions of these Terms, and good practices.
  4. The provision of unlawful content by the User is prohibited.
  5. A User using the Application is required to provide only accurate data (including personal data) that reflects the actual situation. The Service Provider shall not be held liable for the consequences of the User providing false or incomplete data.
  6. One User may only have one Account within the Application.
  7. The Service Provider declares, and the User acknowledges, that maintaining compliance of the Digital Services provided by the Service Provider with the Agreement requires the User to install Application updates. Information about available updates is published in the Store through which the Application was installed.
  8. The Service Provider is obligated to provide the User with updates for the Application throughout the duration of the Agreement.
  9. The Service Provider shall not be held liable for Non-compliance if its occurrence results from the User's failure to install a properly delivered update within a reasonable time.
  10. Violations of the Terms include, but are not limited to:
    • Provision of unlawful content by the User;
    • Using the Digital Service in a manner inconsistent with its intended purpose;
    • Providing false or incomplete data by the User;
    • Creating more than one Account by the same User.
  11. In the event of a violation of the Terms, the Service Provider may request the User to remedy the violation, specifying a deadline of no less than 7 (seven) days for doing so.
  12. Any statements, notices, notifications, and information referred to in the Terms may be delivered via email, unless otherwise explicitly stated in a specific provision of the Terms.
§5
Conclusion of the Agreement and Use of the Application
  1. To conclude the Agreement, the User must perform the following actions:
    • Download the Application from the Store and install it on their device;
    • Launch the Application;
    • In the displayed form, enter or select the following data:
      • First and last name;
      • Phone number;
      • Email address;
      • A password created by the User;
    • Check the checkbox confirming that they have read and accepted the Terms and the Privacy Policy;
    • Click the "Register" option.
  2. After clicking "Register," a link for Account authentication is sent to the User's provided email address. Upon clicking the link, the User gains access to their Account. Clicking the link is equivalent to concluding an Agreement for an indefinite period.
  3. Through the Application, the User can, among other things:
    • Accumulate points within the loyalty program conducted by the Service Provider and exchange them for rewards offered by the Service Provider;
    • Transfer accumulated points to other Users;
    • View notifications and messages sent by the Service Provider;
    • Purchase goods or services offered by the Service Provider;
    • Check the location of the Service Provider's physical locations.
  4. If access to the Account is not granted to the User immediately after concluding the Agreement, the User shall request the Service Provider to provide access to the Account without delay. This request can be sent via email to the address specified in § 1(4)(1) of the Terms. If the Service Provider does not grant access to the Account immediately after receiving the request, the User may terminate the Agreement.
  5. Regardless of paragraph 4 above, the User may terminate the Agreement without requesting access to the Account if any of the circumstances listed in Article 43j(5) of the Consumer Rights Act occurs.
  6. Notwithstanding paragraphs 4-5 above, the User may terminate the Agreement at any time and without providing a reason, with immediate effect.
  7. The User's termination or withdrawal from the Agreement, regardless of the grounds, is effected by submitting a statement of termination or withdrawal to the Service Provider. Such a statement may be sent via email to the address specified in § 1(4)(1) of the Terms.
  8. The Service Provider will delete the Account immediately upon receiving the statement mentioned in paragraph 7 above.
  9. The actions mentioned in paragraph 7 above may also be performed by the User independently by deleting the Account using the Application's functionalities.
  10. If the User uses the Account in a manner contrary to applicable laws, the provisions of these Terms, or good practices, or if the User provides unlawful content, the Service Provider may terminate the Agreement with a 7 (seven)-day notice period by sending a termination statement via email. After the notice period, the Account will be permanently deleted. During the notice period, the Service Provider may block the User's access to the Account for a period not exceeding 7 (seven) days if necessary to prevent further violations by the User.
  11. Deleting the Account results in the loss of all loyalty points accumulated by the User up to the moment of Account deletion.
§6
Right to Withdraw from the Agreement
  1. Pursuant to Article 27 and subsequent provisions of the Consumer Rights Act, the User has the right to withdraw from the Agreement without providing any reason within 14 (fourteen) days from the date of its conclusion.
  2. The User exercises the right to withdraw from the Agreement by submitting a statement of withdrawal to the Service Provider. To meet the deadline for withdrawal, it is sufficient to send the statement before the deadline specified in paragraph 1 above.
  3. The statement of withdrawal from the Agreement may be submitted by the User in any form, in particular, using the form attached as Annex 2 to the Consumer Rights Act.
  4. In the case of submitting a statement of withdrawal from the Agreement, the Service Provider shall promptly send the User confirmation of its receipt via email.
  5. The Service Provider will delete the Account immediately upon receiving the statement of withdrawal from the Agreement. Deleting the Account is equivalent to the loss of all loyalty points accumulated by the User up to the moment of Account deletion.
§7
Service Provider's Liability
  1. The Service Provider undertakes to provide Digital Services with due diligence.
  2. To the extent permitted by the provisions of the Civil Code and the Consumer Rights Act, the Service Provider shall not be liable to Users for the consequences of:
    • Users utilizing any Digital Services available within the Application in a manner inconsistent with their intended purpose;
    • Users providing incorrect or false data;
    • The use of Account access credentials by third parties if such third parties gained possession of these credentials due to their disclosure by the User or insufficient security measures taken by the User to protect them from access by such parties.
  3. To the extent permitted by the provisions of the Civil Code and the Consumer Rights Act, the Service Provider shall not be liable for disruptions in the functioning of the Application resulting from:
    • Force majeure;
    • Necessary maintenance and modernization work conducted within the Application;
    • Reasons attributable to the User;
    • Reasons beyond the control of the Service Provider, particularly actions of third parties for which the Service Provider is not responsible.
  4. The Service Provider undertakes to carry out the work referred to in paragraph 3 point 2 above in a manner that is as minimally disruptive to Users as possible and, where feasible, to inform them in advance of planned work.
  5. The Service Provider undertakes, as far as possible, to promptly resolve disruptions in the functioning of the Application.
§8
Complaints Regarding Digital Services
  1. The Digital Service provided to the User by the Service Provider must comply with the Agreement throughout the entire period of providing the Digital Service.
  2. The Service Provider is responsible for any Non-compliance revealed during the period of providing the Digital Service.
  3. In the event of Non-compliance, the User may file a complaint containing a request to bring the Digital Service into compliance with the Agreement.
  4. Complaints must be submitted via email to the address specified in § 1(4)(1) of the Terms.
  5. A complaint should include:
    • The User's first and last name;
    • Email address;
    • Description of the revealed Non-compliance;
    • A request to bring the Digital Service into compliance with the Agreement.
  6. The Service Provider may refuse to bring the Digital Service into compliance with the Agreement if doing so is impossible or would entail excessive costs for the Service Provider.
  7. After reviewing the complaint, the Service Provider will provide the User with a response, which may:
    • Accept the complaint and indicate the planned timeframe for bringing the Digital Service into compliance with the Agreement;
    • Deny bringing the Digital Service into compliance with the Agreement for reasons specified in paragraph 6 above;
    • Reject the complaint due to its lack of merit.
  8. The Service Provider will respond to the complaint via email within 14 (fourteen) days of receiving it.
  9. If the complaint is accepted, the Service Provider will, at its own expense, bring the Digital Service into compliance with the Agreement within a reasonable time after receiving the complaint and without undue inconvenience to the User, considering the nature of the Digital Service and its intended purpose. The planned timeframe for bringing the Digital Service into compliance with the Agreement will be indicated in the response to the complaint.
  10. In the event of Non-compliance, the User may submit a statement of withdrawal from the Agreement to the Service Provider if:
    • Bringing the Digital Service into compliance with the Agreement is impossible or would entail excessive costs;
    • The Service Provider has not brought the Digital Service into compliance with the Agreement as specified in paragraph 9 above;
    • Non-compliance persists despite the Service Provider's attempt to bring the Digital Service into compliance with the Agreement;
    • The Non-compliance is significant enough to justify withdrawal from the Agreement without first requesting the Service Provider to bring the Digital Service into compliance;
    • It is evident from the Service Provider's statement or the circumstances that the Service Provider will not bring the Digital Service into compliance with the Agreement within a reasonable time or without undue inconvenience to the User.
  11. The statement of withdrawal from the Agreement may be submitted via email to the address specified in § 1(4)(1) of the Terms.
  12. The statement of withdrawal from the Agreement should include:
    • The User's first and last name;
    • Email address;
    • Description of the revealed Non-compliance;
    • An indication of the reason for submitting the statement, selected from the reasons specified in paragraph 10 above.
  13. The Service Provider will delete the Account immediately upon receiving the statement of withdrawal from the Agreement. Deleting the Account is equivalent to the loss of all loyalty points accumulated by the User up to the moment of Account deletion.
§9
Intellectual Property of the Service Provider
  1. All components of the Application, in particular:
    • The name of the Application;
    • The Application's logo;
    • Photos and descriptions;
    • The principles of the Application's operation, all its graphic elements, interface, software, source code, and databases
    are legally protected under the provisions of the Act of February 4, 1994, on Copyright and Related Rights, the Act of June 30, 2000, - Industrial Property Law, the Act of April 16, 1993, on Combating Unfair Competition, as well as other generally applicable legal regulations, including the laws of the European Union.
  2. Any use of the Service Provider's intellectual property without prior explicit permission is prohibited.
§10
Processing of Personal Data
  1. Information regarding the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://landing.loyalwolfs.com/tenant/privacy
§11
Out-of-Court Dispute Resolution
  1. The User has the option to use out-of-court methods for handling complaints and pursuing claims.
  2. Detailed information regarding the possibility of using out-of-court methods for handling complaints and pursuing claims, as well as the rules for accessing these procedures, are available at the offices and websites of:
    • District (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
    • Regional Trade Inspection Offices;
    • The Office of Competition and Consumer Protection.
  3. The User can also use the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
  4. The Service Provider informs that unless such an obligation arises from mandatory legal provisions, it does not use out-of-court methods for handling complaints and pursuing claims. Furthermore, the Service Provider does not commit to using the ODR platform mentioned in paragraph 3 above.
§12
Changes to the Digital Service
  1. The Service Provider may make changes to the Digital Service in the following cases:
    • The need to adapt the Digital Service to new devices or software used by Users to access the Digital Service;
    • The Service Provider's decision to improve the Digital Service by adding new functionalities or modifying existing ones;
    • A legal obligation to make changes, including adapting the Digital Service to the current legal framework.
  2. Changes to the Digital Service cannot result in any costs for the User.
  3. The Service Provider will inform Users about changes to the Digital Service by posting a notification in the Application. Additionally, information about the changes may be sent to Users via email.
  4. If a change to the Digital Service significantly and negatively impacts the User's access to the Digital Service, the Service Provider is obligated to inform the User about:
    • The characteristics and the date of the change, and
    • The User's right to terminate the Agreement with immediate effect within 30 (thirty) days from the date of the change.
  5. The information mentioned in paragraph 4 above will be sent to Users via email no later than 7 (seven) days before the change is implemented.
  6. The User's termination of the Agreement, based on paragraph 4 point 2 above, shall be effected by submitting a termination statement to the Service Provider. Such a statement may be sent via email to the address specified in § 1(4)(1) of the Terms.
  7. Immediately upon receiving the statement mentioned in paragraph 6 above, the Service Provider will delete the Account. Deleting the Account is equivalent to the loss of all loyalty points accumulated by the User up to the moment of Account deletion.
§13
Amendments to the Terms
  1. The Service Provider may amend the Terms in the following cases:
    • Changes in the scope of the Service Provider's activities;
    • The introduction of new services, modification of existing services, or discontinuation of services by the Service Provider;
    • Technical modifications to the Application requiring adjustments to the provisions of the Terms;
    • A legal obligation to make changes, including adapting the Terms to the current legal framework.
  2. Users will be informed of changes to the Terms by publishing the amended version within the Application. Additionally, the amended version of the Terms will be sent to Users via email.
  3. A User who does not agree to the changes in the Terms may terminate the Agreement with immediate effect within 10 (ten) days from the date of receiving information about the changes. Failure to terminate the Agreement within this period will be considered acceptance of the changes to the Terms.
  4. Termination of the Agreement is effected by the User submitting a termination statement to the Service Provider. Such a statement may be sent via email to the address specified in § 1(4)(1) of the Terms.
  5. Immediately upon receiving the statement mentioned in paragraph 4 above, the Service Provider will delete the Account. Deleting the Account is equivalent to the loss of all loyalty points accumulated by the User up to the moment of Account deletion.
§14
Final Provisions
  1. The governing law for the Terms and the Agreement is Polish law. However, the choice of Polish law in the preceding sentence does not deprive the Consumer of the protection arising from provisions of foreign law that cannot be excluded by agreement and which would apply in the absence of the choice of Polish law made in the preceding sentence.
  2. The current version of the Terms is effective as of January 2, 2025.