Terms and conditions

§1. Definitions

Service – an online service operating under the domain mobile-calendar.com, available via a web browser as well as mobile applications (iOS/Android) in the App Store and Google Play.

Application – software made available within the Service intended for managing reservations of accommodation facilities.

Administrator – dpTechnologies s.c., Tax ID (NIP) 671-184-48-76, ul. Osiedlowa 3, 78-111 Ustronie Morskie, Poland; e-mail: info@mobile-calendar.com

User – a natural person, a legal person or an organisational unit that registers an account in the Service.

Subscription – paid access to the Application in a periodic model (1-month or 12-month) in accordance with the Price List.

Monthly subscription – a Subscription automatically renewed every 1 (one) month, until cancellation, subject to §3.

Annual subscription – a Subscription paid in advance for 12 (twelve) months; depending on the selected payment method it may be renewed automatically or may require a new payment after the end of the Billing Period, subject to §3.

Billing Period – 1 (one) month or 12 (twelve) months, counted from the moment of account registration and the first successful payment or renewal.

Trial Period – a 14-day free access to the Application, from the moment a new account is registered. The Administrator may extend the Trial Period by a maximum of a further 14 (fourteen) days following individual contact by the User with the Administrator.

Price List – a list of plan and service prices published in the Service.

§2. Rules of operation of the Service

1. A condition for using the Service/Application is reading and accepting these Terms and Conditions.

2. The agreement for the provision of services by electronic means is concluded upon account registration and remains in force until the account is deleted or the agreement is terminated.

3. The Administrator makes the Application available in accordance with the Terms and Conditions and the Price List.

4. Use of the Application is paid, except during the Trial Period.

5. After the Trial Period ends, full access requires an active Subscription; failure to pay may result in limitation of functions or account suspension.

6. The Administrator may introduce changes to the Service and the Application, including adding or removing functionalities and publishing commercial content, without an obligation to inform Users in advance.

7. The Administrator may change, at any time, the appearance, graphic design and user interface (UI) of the Service and the Application. Such changes do not entitle the User to any claims.

8. The User provides true and up-to-date data (including Tax ID (NIP), if the User is an entrepreneur). Providing false data may result in blocking access.

9. “As-is” model and no continuity guarantee. The Application and the Service are provided “as is” (“as-is”), without any warranties (including implied warranties) as to uninterrupted operation, fitness for a particular purpose or compliance with the User’s expectations.

10. The Administrator may refuse to provide services or limit access to the Service/Application if required by law, decisions of authorities, or security considerations.

11. The Administrator may refuse to conclude an agreement or may terminate the provision of services to the User at any time, subject to mandatory provisions of law.

§3. Payment and subscription models

1. The Subscription is available in the following plans: monthly (automatically renewed) and 12-month (annual).

2. Payments are processed via the following operators: PayU, Przelewy24, Stripe, PayPal, as well as through Apple App Store and Google Play.

3. In the case of purchases in the App Store/Google Play, invoicing, subscription management and requests for refunds are handled exclusively in accordance with the rules of those platforms. The User may cancel the Subscription at any time; however, cancellation is effective only if it is made no later than 24 hours before the scheduled renewal of the next billing period. Cancellation made within the last 24 hours does not prevent renewal of the Subscription and the fee will be charged according to schedule. Access to the Service continues until the end of the paid billing period, and payments made are not subject to pro-rata refunds.

4. The availability of specific functionalities or external integrations does not constitute a guaranteed element of the Subscription, unless the Administrator expressly provides otherwise in writing.

5. Monthly subscription:

a) It renews automatically every one month, until cancellation.
b) The billing/charge date is the date of the first successful payment.
c) The User may cancel the subscription at any time; access continues until the end of the monthly billing period and fees are not subject to pro-rata refunds.
d) Failed charges may be retried; failure to pay results in limitation of functions or account suspension.

6. Annual subscription:

a) The fee is charged in advance for 12 months.
b) When purchasing via the website, the User may choose one of two modes:
- – automatic renewal, under which after 12 months the system attempts to charge the next fee for the subsequent 12-month period,
- – one-time payment, under which after 12 months access to paid functions expires unless the User makes payment for the next 12-month period.
c) When purchased in the App Store or Google Play, the 12-month subscription renews automatically unless the User cancels it earlier in the settings of their Apple or Google account.

7. If the User makes a purchase during the Trial Period or during a period of active access (including remaining days resulting from previous payments), the method of settling the remaining days depends on the selected payment type:

a) in the case of a one-time purchase (not automatically renewable), the remaining unused days of active access are automatically added to the newly purchased Billing Period;
b) in the case of an auto-renewing Subscription (monthly or annual), the remaining unused days of active access are not added to the newly purchased Billing Period and are forfeited, and the auto-renewing Subscription becomes active in accordance with the rules of the payment operator or platform (in particular Apple App Store or Google Play).

8. The Administrator may change the prices of the monthly or annual Subscription at any time. In the case of auto-renewing Subscriptions, the Administrator will inform Users about a price change at least 7 days in advance before the new prices take effect. Price changes for one-time Subscriptions do not require prior notice to the User and apply from the moment of their publication. Fees are not subject to pro-rata refunds, unless otherwise required by mandatory provisions of law.

§4. Trial Period

a) New accounts receive 14 days of full access free of charge.
b) The Administrator may, once, extend the Trial Period by a maximum of a further 14 days after individual contact with the User.
c) Each User (a natural person, legal person or organisational unit) is entitled to use the Trial Period only once.
d) Re-registering accounts in order to circumvent this restriction (e.g., using different e-mail addresses, company names, devices or payment data) constitutes a breach of the Terms and Conditions.
e) The Administrator has the right to block or delete accounts created in order to use the trial multiple times, and to delete the data of such accounts without warning.
f) If the User makes a payment during the Trial Period, the Subscription immediately becomes paid, and the remaining trial days are added to the purchased Billing Period.

§5. Right of withdrawal (consumers)

a) A consumer may withdraw from the agreement within 14 days of its conclusion, without stating reasons.
b) Exception: after consenting to immediate commencement of performance and being informed about the loss of the right of withdrawal – this right does not apply.
c) Withdrawal may be made by e-mail to info@mobile-calendar.com; the refund of the paid fee will be made within 14 days using the same payment method.
d) Purchases in the App Store/Google Play – withdrawal and refunds are handled exclusively in accordance with the rules of those platforms.

§6. Technical requirements and availability

a) Recommended connection: min. 1 Mb/s download, 0.25 Mb/s upload.
b) Supported browsers: current and two previous versions of Chrome, Firefox, Safari, Opera (with JavaScript and cookies enabled).
c) Mobile applications: the last three versions of iOS/iPadOS and Android (with Google Play Services).
d) Failure to meet the requirements may limit the Application’s operation and does not constitute non-performance or improper performance of the agreement by the Administrator.
e) The Administrator may carry out planned technical breaks, where possible during night hours.
f) The Administrator does not guarantee a specific level of availability of the Service or the Application (SLA), unless a separate agreement concluded with the User provides otherwise.

§7. Exclusions and limitation of liability

a) The User is responsible for the completeness, accuracy and nature (content) of data entered in the Application and, in this respect, releases the Administrator from any liability.
b) The Administrator is not liable for any damages, including indirect damages, lost data, reservations, revenues or other losses resulting from use of or inability to use the Application.
c) The Administrator’s total liability towards the User for damages incurred is limited to the total of fees paid to the Administrator for the last month of use of the Application (for annual Subscriptions the limit applies to an amount equal to 1/12 of that Subscription). This limitation does not apply to consumers to the extent it would be contrary to mandatory provisions of law.
d) The limitations do not apply where exclusion of liability is legally impermissible (e.g., intentional damage).
e) The Administrator is not liable for temporary, partial or complete unavailability of particular Application functionalities, including in particular external integrations, OTA channels, API connections, data synchronisation, automations, reports, paid modules or other elements of the Service, if such unavailability results from technical reasons, failures, limitations, decisions or changes on the part of third parties, service works, system updates, infrastructure limitations, force majeure or other circumstances beyond the Administrator’s control.
f) Temporary, partial or complete unavailability of the functions referred to above does not constitute non-performance or improper performance of the agreement and does not entitle the User to demand a refund of fees, a price reduction, compensation or any other remedy, unless mandatory provisions of law provide otherwise.
g) The Administrator may introduce changes to the Application’s functionalities, including temporarily or – in justified cases – completely restricting the availability of selected functions. Such changes do not constitute a change of the agreement terms unless they concern essential elements of the performance in a manner contrary to mandatory provisions of law.
h) Unavailability or modification of specific functionalities does not constitute a change of the agreement terms.
i) The User is obliged to make backups and periodically export data entered into the Application, to an extent adequate to the User’s needs. The Administrator may apply safeguards and backups, however does not guarantee the possibility of full data restoration in every case, in particular in the event of failure, User errors, actions of third parties, external integrations, malware operation, security breaches or force majeure.
j) The User bears sole responsibility for ensuring that use of the Application complies with the laws applicable in the country or jurisdiction in which the User conducts business, in particular with regard to taxes, registration/reporting obligations, consumer protection or other local regulations.

§8. External integrations

a) The Application cooperates, inter alia, with OTA platforms (Booking.com, iCal) and payment gateways (PayU, Przelewy24, Stripe, PayPal).
b) The Administrator is not responsible for operation, errors or changes on the part of integration providers with which the Application cooperates.
c) Purchases and subscriptions in the App Store/Google Play are managed in accordance with the rules of those platforms.
d) The Administrator does not guarantee establishing, maintaining or continuing cooperation with any third parties, including in particular OTA platforms (such as Booking.com, Airbnb, Expedia), API service providers, reservation systems, distribution channels or other external service providers.
Refusal to establish cooperation, suspension, limitation or termination of cooperation by a third party, withdrawal or limitation of API access, certifications or partner programmes, as well as changes to technical, business or regulatory terms on the part of such third party, do not constitute non-performance or improper performance of the agreement by the Administrator and do not give rise to the User’s right to a refund of fees, a price reduction, compensation or any other remedy, unless mandatory provisions of law provide otherwise.
e) Information on available integrations presented in the Service, marketing materials or documentation is for informational purposes only and does not constitute a guarantee of their availability, durability or effectiveness in an individual case of the User.
f) Use of certain Application functionalities may require the User to have an active account in external services or systems, in particular OTA platforms, payment services, communication systems or other services provided by third parties, as well as acceptance of the terms and policies of those entities.
The Administrator is not liable for lack of access to such functionalities if the User does not meet requirements specified by third parties, including if the User does not have a required account, has not concluded an agreement with a given entity, has not accepted its terms, or if access to the service has been limited, suspended or terminated by a third party.

§9. Licence to use the Application

a) The Administrator grants the User a non-exclusive, non-transferable, non-sublicensable licence limited to the term of the agreement, to use the Application exclusively in the online access model (SaaS), to the extent necessary to use the Service, in accordance with these Terms and Conditions and during an active Subscription or the Trial Period.
b) The licence covers use of the Application by the User and persons acting on the User’s behalf (e.g., employees) exclusively within one User account and in accordance with the intended purpose of the Application.
c) The User is not entitled to:
- – copy, reproduce or distribute the Application or any part thereof,
- – modify, create derivative works, adapt or translate the Application,
- – make the Application available to third parties outside the scope of use within the User’s account,
- – decompile, disassemble, reverse engineer or attempt to obtain access to the source code (subject to mandatory provisions of law),
- – use the Application in a manner contrary to the Terms and Conditions, the law or its intended purpose.
d) All copyrights and other intellectual property rights to the Application (including, in particular, the code, architecture, interface, databases, documentation and graphic elements) belong exclusively to the Administrator or entities with which the Administrator has entered into relevant agreements.
e) Payment of subscription fees or use of the Trial Period does not result in transfer to the User of any copyrights or granting of any licence other than that specified in this §9.

§10. Protection of copyrights

The Application and its content are protected by copyright law; copying, modifying or reverse engineering are prohibited and subject to legal protection.

§11. Invoices and settlements

a) VAT invoices are issued by the Administrator for payments made via PayU, Przelewy24, Stripe, PayPal or bank transfer.
b) B2B Users from the EU (outside Poland) settle VAT under the reverse charge model.
c) Invoices for purchases in the App Store/Google Play are issued respectively by Apple or Google.
d) Subscription fees are generally non-refundable, except in cases required by mandatory provisions of law or by the platform’s policy.

§12. Arrears and chargebacks

a) In the event of payment delays, the Administrator may charge statutory interest and suspend the account until arrears are settled.
b) In the event of a chargeback (refund initiated by the payment operator), the User’s account may be suspended immediately until the matter is fully clarified and the outstanding amount is settled.

§13. Cancellation and account deletion

a) The User may cancel the Subscription at any time; access continues until the end of the paid Billing Period, after which the account may be suspended.
b) Deletion of the account results in permanent loss of access to the Application and deletion of data, except for data whose further storage is required or permitted by applicable law.
c) The Administrator may terminate the agreement with immediate effect in the event of a breach of the Terms and Conditions.
d) Subscription cancellation:
- – for payments made via PayU, Przelewy24, Stripe or PayPal – through the payment panel or by e-mail contact with the Administrator,
- – for purchases made via Apple App Store or Google Play – through the settings of the Apple or Google account.

§14. Personal data and business partners

a) The controller of personal data is dpTechnologies s.c.; processing rules are set out in the Privacy Policy.
b) Users’ data may be disclosed to business partners (e.g., hosting providers, payment providers, analytics, support, B2B marketing) to the extent necessary to perform the agreement and maintain the Service.
c) Partners act as processors or separate controllers – according to their role and legal basis.
d) Data are not transferred outside the European Economic Area (EEA).
e) The User declares that they have a legal basis for processing data of third parties entered into the Application.

§15. Force majeure and technical works

The Administrator shall not bear any liability for lack of access to the Service or the Application caused by force majeure, Internet failure, hosting failure, maintenance breaks, interruptions in electricity supply or decisions of external operators.

§16. Amendments to the Terms and Conditions and the Price List

a) The Administrator may amend the Terms and Conditions and the Price List at any time, in particular due to: changes in the scope of services, technological changes, legal changes, changes on the part of external providers, the need to ensure security or prevent abuse, as well as organisational changes.
b) The Administrator will inform Users about amendments by publishing the current content in the Service and – for Users with an active account – by e-mail message or notice in the Service panel, where technically possible.
c) If the User does not accept the amended Terms and Conditions, the User may stop using the Service and delete the account at any time; in the case of a Subscription, access continues until the end of the paid Billing Period, in accordance with §13.
d) Amendments to the Terms and Conditions are not intended to infringe acquired rights of Users who are consumers; in the event of conflict between the Terms and Conditions and mandatory provisions of law, those provisions prevail.
e) The current Terms and Conditions and the Price List are published on the website mobile-calendar.com.

§17. Complaints

a) The User may submit a complaint regarding the operation of the Service/Application or the manner of providing services by electronic means.
b) Complaints should be submitted electronically to: info@mobile-calendar.com.
c) The complaint should include at least: the e-mail address assigned to the account, a description of the issue, the date and time of occurrence, and the requested manner of resolving the matter. The Administrator may request additional information necessary to process the complaint.
d) The Administrator will respond to the complaint within 14 days of its receipt for Users who are consumers, and in other cases within 30 days, unless mandatory provisions of law provide otherwise.
e) The response to the complaint is provided electronically to the User’s e-mail address.

§18. Entrustment of personal data processing (Article 28 GDPR)

1. Status of the parties

The User, by entering personal data of third parties into the Application (in particular guests, customers, contractors or employees), acts as the controller of personal data within the meaning of the GDPR.

The Service Administrator (dpTechnologies s.c.) with respect to such data acts as a processor, processing personal data solely on behalf of and upon the instructions of the User.

Acceptance of these Terms and Conditions constitutes the conclusion of a personal data processing agreement within the meaning of Article 28 GDPR.

2. Subject matter, duration and purpose of processing

The entrustment covers processing of personal data to the extent necessary for the provision of the Service and the Application, in particular:

storage of data,
making Application functionalities available,
performing backups,
ensuring the security of systems,
technical support and handling requests.

Processing is carried out for the duration of the agreement and for the period technically necessary after its termination (e.g., backups, logs), unless applicable law requires longer retention.

3. Type of data and categories of data subjects

The entrustment may include in particular the following categories of personal data:

first and last name,
e-mail address,
telephone number,
reservation and stay data,
identification and contact data of customers or guests.

The data relate in particular to the following categories of persons:

accommodation guests,
the User’s customers,
contact persons and employees of the User.

4. Obligations of the Service Administrator (processor)

The Service Administrator undertakes to:

process personal data solely on documented instructions of the User;
ensure that persons authorised to process the data have undertaken to maintain confidentiality;
apply appropriate technical and organisational measures ensuring the security of personal data;
assist the User – to the extent technically possible – in fulfilling obligations arising from the GDPR;
after the end of service provision, delete or return personal data, unless applicable law provides otherwise;
not process personal data for its own purposes or for marketing purposes.

5. Sub-processing (sub-processors)

The User gives consent to the Administrator’s use of processors (sub-processors) to the extent necessary for proper functioning of the Service, in particular:

server infrastructure and hosting providers,
technical and security service providers.

The Service Administrator ensures that sub-processors process personal data solely on the basis of agreements compliant with Article 28 GDPR.

Personal data are not transferred outside the European Economic Area (EEA).

6. The User’s responsibility

The User declares that they have an appropriate legal basis for processing and entrusting the personal data of third parties entered into the Application.

The User bears sole responsibility for the lawfulness, scope and purpose of processing personal data entered into the Application.

7. Information on GDPR compliance

The Service Administrator enables the User to obtain general information regarding the technical and organisational measures applied for the security of personal data, to the extent necessary to demonstrate compliance with obligations arising from Article 28 GDPR.

The entitlement referred to above is carried out exclusively in the form of information provided by the Service Administrator. The User is not entitled to conduct audits, controls, inspections or to access the infrastructure, IT systems, source code or internal documentation of the Service Administrator.

§19. Final provisions

a) In matters not regulated herein, Polish law and European Union law shall apply.
b) In disputes with a User who is a consumer, the competent court shall be determined in accordance with generally applicable regulations. In other cases, disputes shall be resolved by the court having territorial jurisdiction over the Administrator’s registered office.
c) In B2B relations, liability under statutory warranty is excluded to the fullest extent permissible.
d) Contact with the Administrator: info@mobile-calendar.com
e) A consumer may use out-of-court methods for handling complaints and pursuing claims, in particular through locally competent permanent consumer arbitration courts, the Trade Inspection Authority, or municipal/county consumer ombudsmen.
f) A consumer may also use the EU Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
g) The Administrator conducts its business in accordance with applicable law, including regulations on anti-money laundering and counter-terrorist financing, to the extent such regulations apply to the nature of the services provided.
h) The Administrator applies appropriate technical and organisational measures aimed at protecting data and the security of IT systems, in accordance with the current state of technical knowledge and applicable law.
i) The Service and the Application are available globally; however, the agreement is concluded under Polish law, and solely Polish law and European Union law shall apply to its interpretation and performance, regardless of the User’s registered office or place of residence.
j) If the Terms and Conditions are made available in other language versions, the Polish language version shall be the binding version.