End User License Agreement (EULA)

Please read the following terms and conditions carefully before downloading, installing or using the Bloww.app mobile application.

1. General Provisions.

1.1. This document, together with the terms of service of the Bloww.app mobile application published here https://bloww.app/terms.html, is an agreement between the End User of the Mobile Application and team conducting business activity under the name BLOWW APP INC. entered in the Canadian Revenue Agency (CRA) registry, place of business and service address: UNIT 204 – 38 FELL AVENUE, NORTH VANCOUVER, BC, V7P 3S2, CANADA., GST (Goods and Services Tax): 746836626, email address: contact@bloww.app concerning terms of use of the Bloww.app Mobile Application by the End User.
1.2. Please read the terms and conditions of this Agreement carefully before using the Mobile Application. By accepting the Bloww.app Terms of Service, the End User agrees to all the terms and guidelines contained in this Agreement.
1.3. If the End User does not agree with the terms of this Agreement in any way, the End User shall immediately cease the use of the Mobile Application and services available therein.
1.4. This License Agreement (hereinafter referred to as the “Agreement”) for the End User of the Bloww.app Mobile Application (hereinafter referred to as the “Mobile Application”), entered into between team conducting business activity under the name BLOWW APP INC., entered into the Canadian Revenue Agency (CRA) registry, place of business and service address: UNIT 204 – 38 FELL AVENUE, NORTH VANCOUVER, BC, V7P 3S2, CANADA., GST (Goods and Services Tax): 746836626, email address: contact@bloww.app (hereinafter referred to as the „Provider”) and the Licensee, either a natural person or a legal entity, (hereinafter referred to as the “Licensee” or the “End User”), shall entitle the Licensee to the use of the Mobile Application as defined in section 2 of this Agreement. THIS AGREEMENT SHALL RELATE SOLELY TO THE DETERMINATION OF THE RIGHTS OF THE END USER AND SHALL NOT CONSTITUTE A SALES CONTRACT. The Provider shall remain the owner of the Mobile Application.
1.5. By clicking “I accept the terms and conditions of the Mobile Application” when downloading, installing or using the Mobile Application, the Licensee shall be deemed to have agreed to the terms and conditions set out herein. In the event that the Licensee does not agree to any of the conditions set out in this Agreement, the Licensee shall immediately cancel the download or installation of the Mobile Application or remove the Application from the Licensee’s device.

2. Mobile Application.

The term “Mobile Application” as used in this Agreement shall mean the Provider's Mobile Application called Bloww.app together with all of its components, all documentation associated with the Application, including in particular any descriptions, terms and conditions of the Application, its technical data, any description of its features and operation, and any description of the operating environment in which the Application is used, instructions for operating or installing the Application and any description of how to use the Mobile Application (hereinafter referred to as the “Documentation”), in addition to any possible corrections of errors in the Application, additions, extensions, modified versions and updates of the components of the Mobile Application, which shall be licensed by the Provider to the Licensee in accordance with the provisions of the Clause 4 hereof.

3. Installation.

The Mobile Application must be installed once downloaded from the Google Play or AppStore online store. The Application has to be installed on a correctly configured mobile device that meets the minimum requirements specified in the Documentation. The installation procedure is also described in the Mobile Application’s terms of service. No other applications or programs that could adversely affect the Bloww.app Mobile Application may be installed on the mobile device on which the Bloww.app Application is installed.

4. Licence.

4.1. The Provider shall grant to the Licensee the rights set out below (hereinafter collectively referred to as the “Licence”), and the Licensee agrees to observe and comply with any and all terms and conditions set out in this Agreement:
a) Installation and Use. The Licensee shall have the non-exclusive right to install and use the Mobile Application, to implement the Mobile Application, to store the Mobile Application in the memory of the Licensee’s mobile device and to display the Mobile Application on Licensee’s mobile device.
b) Number of Licences. The right to use the Mobile Application under one Licence shall be limited to one End User. One End User shall be permitted to install the Mobile Application on one mobile device. The User may not transfer, redistribute or sub-license the licensed Application, and in the event that the mobile device is sold to a third party, the Mobile Application must be removed from the device prior to its sale.
c) Licence Term. This EULA shall remain in force until terminated by the Licensor or the Licensee. The Agreement shall apply for the entire period the Mobile Application is stored on the Licensee's device until it is uninstalled.
d) Licence Expiration. The licence shall automatically expire at the end of its term. In the event that the Licensee has breached any of the provisions of this Agreement, the Provider shall be entitled to terminate this Agreement and to exercise all other rights and remedies available to the Provider in such circumstances. In the event of cancellation of the Licence, the Licensee shall immediately delete the Mobile Application from the Licensee’s mobile device.

5. Restriction of Rights.

The Licensee may not copy, distribute or extract components of the Mobile Application and may not create products based on the Mobile Application (the Licensee may not create derivative works). When using the Mobile Application, the Licensee must comply with the following restrictions:
5.1.The Licensee may not modify or translate the Mobile Application,
5.2. The Licensee may not sell or sublicense the Mobile Application,
5.3. The Licensee may not attempt to reproduce the source code of the Mobile Application by means of decompilation or disassembly or in any other way, unless this is permitted by regulations that expressly waive this provision to the extent applicable,
5.4. The Licensee shall agree to use the Mobile Application in a manner that complies with any and all laws that apply to the Application due to Licensee's territorial jurisdiction, including but not limited to applicable copyright and other intellectual property rights restrictions,
5.5. The Licensee shall agree to use the Mobile Application and its features in a manner that does not restrict access to these services by other End Users. The Provider reserves the right to limit the scope of services made available to specific End Users in order to ensure the continued availability of services to as many End Users as possible.

6. Copyright.

6.1. The Mobile Application and all rights related thereto, including but not limited to intellectual property rights to the Mobile Application, are the property of team conducting business activity under the name BLOWW APP INC., registered in the Canadian Revenue Agency (CRA) registry, place of business and service address: UNIT 204 – 38 FELL AVENUE, NORTH VANCOUVER, BC, V7P 3S2, CANADA., GST (Goods and Services Tax): 746836626, email address: contact@bloww.app
6.2. These rights are guaranteed by the provisions of international treaties and any applicable laws of the country in which the Mobile Application is used.
6.3. The structure of the Mobile Application, the way it is organised and the code contained therein are valuable trade secrets and confidential information of BLOWW APP INC..
6.4. The Licensee hereby acknowledges that, in the event of a breach of this Agreement by attempting to recreate the source code of the Application by means of decompilation or disassembly or otherwise, the rights to any information obtained by the Licensee as a result of such attempt shall be deemed to have been automatically and irrevocably transferred in its entirety to the Provider as soon as such information is created and irrespective of the rights of the Provider in respect of the Licensee's breach of this Agreement.

7. Reservation of Rights.

The Provider hereby reserves all rights to the Mobile Application, with the exception of the rights expressly granted to the Licensee (acting as an End User) hereunder.

8. Commencement and Termination of the Agreement.

This Agreement shall take effect from the date on which the Licensee agrees to the terms set out herein. The Licensee may terminate this Agreement at any time by permanently uninstalling the Mobile Application from the Licensee’s mobile device. Irrespective of the reason for termination of this Agreement, the provisions of sections 6, 7, 9, 12, 15 and 16 shall continue to apply after termination.

9. End User Representations.

9.1. The Licensee (acting as an End User) shall accept the Mobile Application as installed on the Licensee’s device, without any express or implied warranty, unless prohibited by applicable law.
9.2. The Provider shall not make any express or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose.
9.3. The Provider shall not guarantee that functions of the Mobile Application will meet the requirements of the Licensee.
9.4. The Licensee shall be responsible for the installation of the Application, for its use and for the consequences of such use.

10. External Services.

10.1 The licensed Mobile Application may enable access to services and websites of the Licensor and/or third parties (hereinafter referred to as “External Services”)
10.2. The End User uses the External Services at the Licensee’s own risk. The Licensor shall not be responsible for examining, evaluating the content or accuracy of any External Services and shall not be liable for such Services. The data displayed by the Application or External Service, including but not limited to financial, medical and location information, is for general information purposes only.
10.3. The End User shall be prohibited from using the External Services in a manner inconsistent with the terms of this EULA or in a manner that infringes the intellectual property rights of the Licensor or any third party.
10.4. The User hereby agrees not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity and the Licensor shall not be liable for any such use.
10.5. External Services may not be available in all languages or in the End User's country of residence and may not be suitable or available for use in a particular location.
10.6. To the extent that the End User chooses to use the External Services, the End User is solely responsible for compliance with any and all applicable laws.
10.7. The Licensor reserves the right to modify, suspend, remove, disable or impose access restrictions or limits on any of the External Services at any time without notice or liability to the User.

11. Lack of Warranty.

11.1. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE APPLICATION SHALL BE AT THE USER'S OWN RISK.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PROVIDED BY THE LICENSED APPLICATION SHALL BE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
11.3. NO VERBAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE LICENSOR OR THE LICENSOR’S AUTHORISED REPRESENTATIVE SHALL CONSTITUTE A WARRANTY.
11.4. IN THE EVENT OF A DEFECT IN THE LICENSED APPLICATION OR SERVICES, THE END USER SHALL BEAR THE FULL COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS.
11.5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR THE LIMITATION OF APPLICABLE STATUTORY CONSUMER RIGHTS, THUS THE ABOVE EXCLUSIONS AND LIMITATIONS THEREOF MAY NOT BE APPLICABLE.

12. The liability

12.1. UNLESS PROHIBITED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, REVENUE SOURCES OR DATA, DAMAGE TO PROPERTY OR PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, MORAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, NOR SHALL THE PROVIDER BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR COVER ANY DIFFERENCES BETWEEN CONTRACT PRICES AND TRANSACTION PRICES.
12.2. THE PROVISO IN THE ABOVE SENTENCE SHALL APPLY IRRESPECTIVE OF THE CAUSE OF THE DAMAGE AND REGARDLESS OF WHETHER THE POTENTIAL CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER GROUNDS AND WHETHER IT IS BASED ON THE USE OF OR INABILITY TO USE THE MOBILE APPLICATION.
12.3. THIS PROVISO SHALL ALSO APPLY WHERE THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGE IN QUESTION.
12.4. IN THE CASE OF JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR DAMAGES BUT ALLOW FOR ITS LIMITATION, THE LIABILITY OF THE PROVIDER SHALL BE LIMITED TO THE AMOUNT OF THE DAMAGE SUFFERED.
12.5. The Licensee shall not be permitted to use or otherwise export or re-export the licensed Application, except as permitted by law (the laws of the United States and the laws of the jurisdiction in which the Application was obtained by the End User).
12.6. In particular, the licensed Application may not be exported or re-exported to any countries embargoed by the United States, anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
12.7. By using the licensed Application, the End User represents and warrants that the End User is not located in such country or on such list and agrees not to use the Application for any purpose prohibited by United States law, including but not limited to the development, design, manufacture or production of nuclear weapons or missiles.

13. Consent to the Use of Data.

13.1. The Licensor shall be permitted to collect and use technical data and other information – including, but not limited to, technical information relating to the Licensee's device or the system and software of the Application – which is collected from time to time to facilitate the delivery of software updates, and the provision of other services relating to the Application. The Licensor shall be allowed to use this information to improve the Application or to provide the services available therein. The data collected shall not allow the identification of the User.

14. Technical Support.

14.1. Technical support services shall be provided by the Provider or an entity contracted by the Provider to render such services.
14.2. The End User shall be required to back up all existing data in the Application prior to the use of the support service.
14.3. Unless prohibited by applicable law, neither the Provider nor other entities to which the Provider subcontracts the provision of support services shall assume any liability for damage or loss of data, nor shall they be liable for loss of profit caused by the provision of support services.
14.4The Provider and other entities to which the Provider subcontracts the provision of support services reserve the right to refuse the service in the event that they consider the service to be outside the scope of the support services offered. The Provider reserves the right to refuse, withhold or discontinue technical support services as the Provider deems appropriate.

15. Notices.

Any and all notices and inquiries concerning this Agreement should be addressed to: BLOWW APP INC. UNIT 204 – 38 FELL AVENUE, NORTH VANCOUVER, BC, V7P 3S2, CANADA.

16. Governing Law.

16.1. This Agreement shall be governed by and construed in accordance with the laws applicable in Canada.
16.2. Unless prohibited by applicable law, the Licensee expressly states that any dispute or claim against the Provider arising from the conclusion of this Agreement, as well as any dispute or claim relating to the use of the Mobile Application, shall be resolved by the court having jurisdiction over the Provider's registered office. The Licensee expressly submits to the jurisdiction of this court.

17. Final Provisions.

17.1. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of any other provisions of this Agreement, which shall then remain in force in accordance with the terms of this Agreement.
17.2. An amendment to this Agreement must be made in writing and must be approved by the Provider, by an authorised representative of the Provider or by a person expressly authorised to represent the Provider by power of attorney.
17.3. Where any provision of this Agreement is in conflict with the statutory consumer rights of any person, that provision shall not be interpreted in such a way as to prejudice those rights.

BLOWW.APP TERMS OF SERVICE
§ 1 GENERAL PROVISIONS
1. The Bloww.app Mobile Application is operated by team conducting business activity under the name BLOWW APP INC. entered into the Canadian Revenue Agency (CRA) registry, place of business and service address: UNIT 204 – 38 FELL AVENUE, NORTH VANCOUVER, BC, V7P 3S2, CANADA., GST (Goods and Services Tax): 746836626, email address: contact@bloww.app
2. The Mobile Application provides space for its Users to present and promote their profiles on social media such as Instargram, YouTube and TikTok and to observe statistics thereof and operates in accordance with the rules set out in these Terms of Service (“Terms”). The Mobile Application is intended for Consumers and Entrepreneurs.
3. Pursuant to the provisions of Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronically supplied services, the Operator hereby establishes these Terms for the provision of electronically supplied services that govern the use of the Operator's Mobile Application called “Bloww.app”.
4. These Terms define the types and scope of Electronic Services provided by the Operator through the Mobile Application, the rules for the provision of these services, the conditions for conclusion and termination of contracts for the provision of electronically supplied services, the complaint procedure, as well as the responsibility and obligations of Users and the Operator.
5. Upon commencement of the use of the Electronic Services of the Bloww.app Mobile Application, each User is obliged to read and comply with the provisions of these Terms.
6. All matters not regulated by these Terms shall be governed, in particular, by the provisions of:
6.1. the Civil Code,
6.2. the Act of 18 July 2002 on the provision of electronically supplied services,
6.3. the Act of 30 May 2014 on Consumer Rights,
6.4. the Act of 4 February 1994 on Copyright and Related Rights,
6.5. and other relevant provisions of Canadian law.

§ 2 DEFINITIONS
1. ELECTRONIC SERVICE – an electronically supplied service provided to the User by the Operator via the Mobile Application.
2. REGISTRATION FORM – a form available in the Mobile Application that enables the creation of an Account. The Registration Form enables the creation of an Account for a specific User.
3. ACCOUNT (PROFILE) – a set of resources in the Operator's IT system containing the User's data, marked with the User's individual name (login) and confidential password. In order to create an Account, the User must read and accept the Mobile Application’s Terms of Service. The User is responsible for safeguarding the confidentiality of his/her password.
4. MOBILE APPLICATION – the Operator's Mobile Application called Bloww.app.
5. TERMS OF SERVICE – these Mobile Application Terms of Service.
6. CONSUMER – a natural person who performs a legal act with the Operator that is not directly related to his/her economic or professional activity.
7. ENTREPRENEUR – a natural person, a legal person, and an organisational entity without legal personality having legal capacity under a law, conducting an economic or professional activity in its own name.
8. USER – a person who uses the functionalities offered by the Mobile Application through the Mobile Application installed on his/her own mobile device.
7. OPERATOR – team conducting business activity under the name BLOWW APP INC. entered in the Canadian Revenue Agency (CRA) registry, place of business and service address: UNIT 204 – 38 FELL AVENUE, NORTH VANCOUVER, BC, V7P 3S2, CANADA., GST (Goods and Services Tax): 746836626, e-mail address: contact@bloww.app
8. NEWSLETTER – an Electronic Service that allows the User to subscribe to and receive to the e-mail address provided by the User free information from the Operator concerning the Mobile Application and Products available therein.
9. ORDER FORM – a form available on the Bloww.app Mobile Application that allows for the placement of an Order.
10. SUBSCRIPTION – an Electronic Service which is the subject of a Sales Contract between the Operator and the User that allows the User to access paid content available within the Mobile Application.
11. BILLING PERIOD – the period for which the User has purchased the Subscription. The commencement date of a new Billing Period shall be the month following the end of the previous Billing Period. The Operator shall make available one Billing Period which shall last 1 month.
12. DIGITAL CONTENT – data provided by the Operator in digital form, that is accessed through the User Account.
13. PRODUCT – the Subscription service available in the Application or the Profile advertising and promotion service.
14. SALES CONTRACT – the Product Sales Contract concluded between the User and the Operator through the Order Form.
15. ORDER – the User's declaration of will constituting an offer to conclude a Sales Contract with the Operator.

§ 3 TYPES OF ELECTRONICALLY SUPPLIED SERVICES
1. Pursuant to the Terms, the Operator provides Electronic Services within the Mobile Application that enable the following:
1.1. Maintaining an Account in the Mobile Application,
1.2. Newsletter,
1.3. Placing an Order for the Profile advertising and promotion service,
1.4. Submission of Subscription.
2. The Mobile Application also enables the User to:
2.1. present and promote the User and his/her social media profiles by providing on his/her Account information such as, but not limited to:
a) Profile motto or description,
b) contact details,
c) the location or city from which the User originates or operates,
d) links to profiles on social media such as TikTok, Instagram and YouTube,
e) categories indicating industries or areas of interest to the User,
f) photos,
2.2. monitoring growth and statistics on individual social media accounts by the User,
2.3. access to Order history,
2.4. managing and editing User Account.
3. The provision of Electronic Services to Users of the Mobile Application takes place on the terms and conditions set out in these Terms.
4. When using the Mobile Application, the User shall have the right to upload data to the Mobile Application in accordance with the provisions of the Terms and generally applicable laws.
5. The Operator shall have the right to include advertising content in the Mobile Application and to grant permission to third parties to place advertising content in the Application. These contents are an integral part of the Application and the materials presented therein.
6. Ads embedded in the Mobile Application will cease to be visible to the User upon purchase of the Subscription.

§ 4 TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The use of Electronic Services offered by the Mobile Application shall be possible only after the Mobile Application has been installed on an appropriate electronic device (in accordance with the requirements specified in § 8) and after prior acceptance of these Terms and Google Pay or App Store Terms of Service.
2. Installation of the Mobile Application and acceptance of the Terms shall constitute the conclusion of a contract with the Operator for the provision of an Electronic Service specified in § 3 item 1.1 of these Terms.
3. Provision of Electronic Services specified in § 3 items 1.1 to 1.2 of these Terms by the Operator is free of charge.
4. Provision of the Electronic Service specified in § 3 item 1.3 of the Terms by the Operator shall be subject to payment. The User selects the amount, currency and period for which his/her Profile shall be advertised. The Operator shall commence the Profile advertising and promotion service after it has been paid for in accordance with the rules specified in § 5 item 3 of these Terms.
5. Provision of the Electronic Service specified in § 3 item 1.4 of these Terms by the Operator shall be charged according to the price indicated in the description of the Subscription in the Mobile Application. The Operator shall commence the provision of the Subscription after it has been paid for pursuant to the principles specified in § 5 item 3 of the Terms.
6. The period for which the contract shall be concluded:
6.1. a contract for the provision of an Electronic Service consisting in the maintenance of an Account in the Mobile Application shall be concluded for an indefinite period. The contract is concluded upon the saving of the completed Registration Form by the User,
6.2. a contract for the provision of an Electronic Service consisting in the use of the Newsletter shall be concluded for an indefinite period,
6.3. a contract for the provision of an Electronic Service in the form of enabling the User to submit an Order for Profile promoting service shall be concluded for a definite period and shall be terminated upon placement of the Order or upon discontinuation of its submission by the User,
6.4. a contract for the provision of an Electronic Service in the form of a Subscription is concluded for a definite period which is identical to the Billing Period chosen by the User.

§ 5 SUBMISSION OF SUBSCRIPTIONS
1. PRODUCT INFORMATION
1.1. The User shall have the possibility to submit, through his/her Mobile Application Account, a declaration of will constituting an intention to conclude a contract for the provision of paid services (Subscription or Profile advertising) made available by the Operator within the User Account.
1.2. Paid services within the Mobile Application are made available to the User at the time of submission and payment for a Subscription for a Billing Period chosen by the User or submission and payment for the Order for a Profile advertising and promotion service.
1.3. The information contained in the Mobile Application does not constitute an offer within the meaning of the law. Upon subscribing or submitting an Order for a Profile ad, the User shall make an offer to purchase the specific service under the conditions stated in its description.
1.4. The User may order Subscription or Profile advertising services via the Mobile Application.
1.5. The Product price shown in the Application is provided in Euros (EUR) and in U.S. dollars (USD). The price shown in the Application shall be binding at the time the User submits the Order. This price shall not change for the User during the duration of the contract.
1.6. The Operator reserves the right to change Subscription prices and to introduce new services to the Mobile Application. The above right shall not affect the prices of Subscriptions submitted prior to the effective date of the price change. The price stated on the Subscription is binding at the time of submission of the Subscription.
1.7. The Operator reserves the right to modify the content presented in the Mobile Application. The aforementioned right shall also apply to changes in the content of already purchased Subscriptions, provided that such changes should result from the need to improve the services for the benefit of the User.
2. INFORMATION ON THE SUBMISSION OF SUBSCRIPTIONS
2.1. The Mobile Application enables the conclusion of contracts for paid services provided electronically through the User Account.
2.2. Failure to pay the Operator for the services provided within the period specified or cancellation of the Subscription shall result in the User's access to the content covered by the Subscription being blocked.
2.3. Subscription may be cancelled via the User Account.
3. METHODS OF PAYMENT
3.1. Payments must be made via the electronic payment system (Stripe). The electronic payment system enables payments to be done by quick transfer from selected banks or by credit card.
3.2. The execution of the Order shall commence upon receipt by the Operator of a confirmation from the payment processor that the User has paid in full for the Subscription or Profile promotion service.
3.3. The provision of the Subscription and the Profile advertising service shall take place without delay, i.e. within 48 hours from the receipt of payment by the Operator from the payment processor.
3.4. In the event that the Subscription or the Profile promotion service cannot be provided, the Operator shall inform the User by email using the email address provided by the User. Any payment made by the User for the Product shall be refunded by the Operator.
4. WITHDRAWAL FROM THE CONTRACT
4.1. The right of withdrawal from a distance contract does not apply to the contract for the provision of services, provided that the Operator has fully performed the service with the express consent of the User who was informed prior to the commencement of performance that he would lose the right to withdraw from the contract after the Seller's performance.

§ 6 TERMS AND CONDITIONS FOR TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of a contract for the provision of an Electronic Service:
1.1. it is possible to terminate a contract for the provision of an Electronic Service of continuous and unlimited nature (Account, Newsletter),
1.2. the User may terminate the contract for convenience with immediate effect by deleting the Account, which is tantamount to termination of the contract for the provision of Electronic Services consisting in maintaining an Account,
1.3. the Operator may terminate the contract for the provision of an Electronic Service of continuous and unlimited nature in the event that the User is found to be in breach of his/her obligations towards the Operator, after an ineffective prior request to cease the breach with the setting of an appropriate deadline. In such a case, the contract expires 3 days after the declaration of intent to terminate (notice period),
1.4. termination shall result in cessation of the legal relationship effective ex nunc,
1.5. the Operator and the User may terminate the contract for the provision of an Electronic Service of continuous and unlimited nature at any time by mutual agreement.

§ 7 INTELLECTUAL PROPERTY
1. Upon acceptance of these Terms, the User acknowledges that all copyrights and trademarks related to the Mobile Application, and not excluded by separate provisions or licences, belong to the Operator and are legally protected, in particular by the Act of 4 February 1994 on Copyright and Related Rights.
2. It is prohibited to use intellectual property rights or Electronic Services offered by the Mobile Application for purposes other than those strictly set out in these Terms. The User shall be fully liable for any damage caused to the Operator as a result of using the name or trademarks of the Mobile Application without the Operator's consent or in breach of these Terms.
3. When uploading materials and other digital content to the Operator, the User shall be solely responsible for any infringement of copyrights and related rights as well as personal rights of any third party due to such infringement, and in case any person makes any claims or demands against the Operator in relation thereto, the User shall indemnify and hold the Operator harmless from any liability and satisfy any third party claims in this respect.

§ 8 TECHNICAL REQUIREMENTS
1. The Mobile Application can be used only on a mobile device connected to the Internet. The costs of Internet connection shall be borne by the User in accordance with agreements concluded by the User with a telecommunications operator.
2. In order to ensure proper use of the Mobile Application, it is required to have a mobile device (e.g. smartphone, tablet) with installed software that is fully compatible with the Android operating system version 7 and above or iOS version 11 and above.
3. The Mobile Application can be downloaded from the Google Play online store (for Android) or from the AppStore (for iOS).
4. Downloading and installing the Mobile Application from sources other than those specified in these Terms constitutes a breach thereof.
5. In order to use the functionality of the Mobile Application, it is necessary to launch it.
6. Periodic updates may be issued to the Mobile Application. Installation of such updates by the User is required to ensure proper functioning of the Mobile Application.
7. The User cannot change his/her login after registration. During the registration, the User is obliged to provide a unique password known only to himself/herself. The User is responsible for not disclosing his/her login and password to third parties and shall bear all possible financial and legal consequences of such disclosure.

§ 9 LIABILITY AND OBLIGATIONS OF THE PARTIES
1. In the performance of the contract concluded between the parties, the Operator undertakes to provide Electronic Services with due diligence.
2. The Operator shall be liable for processing the User personal data contrary to the purposes of the Mobile Application or in violation of the provisions of the GDPR.
3. The User shall be prohibited from providing unlawful content via the Mobile Application. The User shall only use the Mobile Application for its intended purpose.
4. Users shall be fully responsible for any violation of the law or damage caused by their actions in the Mobile Application, in particular the provision of false data, disclosure of classified information or other secrets protected by law, violation of personal rights or copyright and related rights.
5. Each User shall ensure that the data placed in the Mobile Application is complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits permitted by law.
6. The User who utilises the Mobile Application services shall be liable for his/her own unlawful acts. The actions of persons who do not have full legal capacity shall be the responsibility of their legal guardians.
7. In relation to Users who are not Consumers, the Operator is not liable for the following:
7.1. any direct or indirect damage or loss (including loss of business profits, business interruption or loss of business information and other damage of a pecuniary nature) arising from the use, inability to use or malfunction of the Mobile Application, damage caused by the shutdown or failure of the data communication system, power failures,
7.2. improper use of the Mobile Application by a User who is not a Consumer and the malfunctioning of the computer equipment, computer software or communications system by means of which the User connects to the Mobile Application,
7.3. any damage caused by errors, failures and interruptions in the functioning of the Mobile Application or caused by incorrect recording or reading of data downloaded by Users,
7.4. disruptions to the proper functioning of the Mobile Application,
7.5. the consequences associated with the loss of the password,
7.6. actions of third parties consisting in the use of data and materials placed in the Mobile Application contrary to the generally applicable law or these Terms.

§ 10 COMPLAINTS PROCEDURE
1. The User has the right to lodge a complaint on matters relating to the use of the Mobile Application in accordance with the procedure set out in this paragraph.
2. Complaints and claims may be lodged by email to the following address: contact@bloww.app in a manner that makes it possible to identify the person lodging the complaint or claim.
3. The complaint should contain the following information:
3.1. full name,
3.2. email address,
3.3. description of the issue to which the complaint relates.
4. Complaints shall be processed within 14 days from the date of their submission. The Operator shall immediately notify the complainant of the outcome of the complaint via electronic mail to the e-mail address provided by the User.

§ 11 FINAL PROVISIONS
1. The User may discontinue the use of Electronic Services offered by the Operator at any time by deleting the User Account (Profile) from the Mobile Application, which shall be tantamount to a termination of the contract for the provision of Electronic Services specified in the Terms with immediate effect.
2. Deletion of the Mobile Application does not cause simultaneous deletion of an Account. Following deletion of the Mobile Application, the User will be able to log in to the Account after reinstalling the Mobile Application on the mobile device.
3. Contracts concluded through the Mobile Application are concluded in accordance with Canadian law.
4. Should any part of these Terms be inconsistent with applicable law, the relevant provisions of Canadian law shall apply instead of the contested provision.
5. Any disputes arising from the Sales Contracts between the Operator and Consumers shall be resolved primarily through negotiations, with the intention of settling the dispute amicably and taking into account the Act on outof-court settlement of consumer disputes. However, where this would not be possible or would be unsatisfactory to either party, disputes shall be settled by the competent common court in accordance with item 6 of this paragraph.
6. Litigation:
6.1. any disputes arising between the Operator and the User who is also a Consumer shall be submitted to the competent court in accordance with the provisions of the Civil Procedure Code of 17 November 1964,
6.2. any disputes arising between the Operator and the User who is also an Entrepreneur shall be submitted to the competent court having jurisdiction over the seat of the Service Provider.
7. The Customer who is a Consumer shall also have the right to resort to out-of-court means of dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for the case to be considered by an arbitration court (the request can be downloaded at http:// www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/ wazne_adresy.php#faq596. The Consumer may also receive free assistance from a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. The out-of-court settlement of complaints is free of charge.
8. In order to resolve the dispute amicably, the Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/.