§ 2 GENERAL PROVISIONS
These Regulations (hereinafter referred to as the “Regulations”) define the principles,
conditions and scope of using the Sapiency mobile Application, designed for mobile devices
or terminal devices with access to the Internet, with the iOS, Android or Windows
operational system, and constitute regulations as understood by the provisions of Art. 8 of
the Act of the 18th July 2002, on services provided by electronic means.
The Application may be downloaded from the following Internet stores: App Store (for the iOS
system) and Google Play (for the Android system).
Once registration in the Application is confirmed by the User, an agreement on providing
services by electronic means as part of using the Application shall be concluded between the
User and the Operator.
Unless the Regulations state otherwise, downloading the Application, as well as using the
services offered via the Application, shall be free of charge.
The costs of transmitting data necessary for the download, installation, activation and usage
of the Application shall be borne by the User, pursuant to agreements concluded with
telecommunication operators or other suppliers of Internet services. The User shall be
responsible for any payment due for transmission of the data necessary for using the
Application. The Operator recommends that the Application Users use applications and
functions of operational systems consisting in measuring the amount of transmitted data.
Using the Services offered via the Application requires acceptance of these Regulations by
§ 3 TECHNICAL REQUIREMENTS AND RULES ON ACCESS TO APPLICATION
The Application is available to any persons using mobile devices complying with the technical
requirements indicated below, onto which such persons download the Application from an
appropriate application store and activate it correctly.
Mobile devices of Users, on which the Application is to be activated, shall comply with the
following technical requirements concerning the operational system:
for the Application version downloaded from App Store – iOS 13;
for the Application version downloaded from Google Play store – Android 8.0.
For the purpose of activating the Application and for the proper functioning thereof, it is
necessary to activate the following functions of the Device:
active Internet connection;
active Wi-Fi connection.
In order to use the Application functionalities, the User shall first perform registration
via the Application.
§ 4 USER REGISTRATION
During the first activation of the Device, the User shall be obliged to go through the
In order to perform the Registration, the User shall be required to provide the following
In order to perform the Registration, the User shall be required to provide the following
The operator hereby establishes that, in order to manage their own account, the User must be
at least 13 years of age. The Operator hereby reserves the right to restrict access to
certain profiles for persons under 18.
A message with an activation link shall be sent to the e-mail address provided by the User
during the Registration. It is necessary to click on the activation link in order to
complete the Registration process.
The User shall be entitled to edit their data provided during the Registration process, as
well as to change the password then established. Data edition and password change in
possible via the Application.
During the Registration, as well as in connection with using the Application, the User shall
be obliged to:
provide data which are true, precise, up-to-date and not misleading;
update the data provided during the Registration process in case of any subsequent change
update the data within the Application settings;
keep confidential the password used to log into the Application and refrain from disclosing
it to other persons.
The User shall be solely responsible for providing untrue data, as well as for disclosing, to
third parties, the password used to log into the Application.
The Operator hereby represents that it does not verify, in any way, the Identity of Users
during the Registration process.
§ 5 SERVICES OFFERED IN APPLICATION
The Services provided via the Application to the Users consist in, in particular:
Providing functionality of the portfolio, allowing, in particular, for deposits and
withdrawals of the Tokens, as well as for transfers among the Users.
Enabling orders to purchase the Tokens via CrowdSale.
Enabling orders to purchase and sell the Tokens via the Secondary Market.
Enabling usage of the social module in the form of reacting to posts (text, photos and
films), making comments and participating in live transmissions.
Additional Services provided via the Application to the Issuer consist in, in particular:
Issuing Personal Tokens.
Enabling orders to sell the Tokens via CrowdSale.
Enabling orders to sell the Tokens via the Secondary Market.
Enabling usage of the social module in the form of making available the contents such as
text, photos, films, videos and live transmissions.
The Services provided to the Issuer are defined in detail in a separate agreement.
In order to commence using the Services, the User is required to:
Possess a functioning device with the Android or iOS system.
Be at least 13 years of age.
Possess a verified e-mail address and telephone number for the Application account.
In order to transform the User account into the Issuer account it is necessary to:
Fill in a form in the Application.
Be at least 18 years of age.
Verify the personal data through the KYC procedure.
Obtain the Operator’s approval.
Detailed conditions for using the Issuer account, in particular those concerning the
CrowdSale process, are stipulated in a separate agreement.
In order to obtain access to the contents published by Issuers, the User is obliged to have
in their portfolio a certain number of Personal Tokens, defined by the Issuer, or an
identical number of SPCY Tokens.
§ 7 RULES FOR USING APPLICATION
The Users shall be obliged to use the Application in the way compliant with binding law, the
Regulations and the regulations of stores from which the Application has been downloaded, as
well as to observe the principles of social co-existence, including the general principles
for using the Internet network and mobile applications. The Users shall, in particular, be
Use the Application and the Device in a way which is not arduous to other Users and the
Operator, respecting personal interests of third parties, as well as any other of their
rights, and solely within the scope of permissible usage.
Use all the information and materials made available via the Application only within the
scope of permissible usage.
The Users shall be obliged to inform the Operator, without delay, about any case of having
their rights infringed in connection with using the Application.
The Users may stop using the Application at any time. If a User ceases to use the
Application, it is necessary to uninstall it from the mobile device.
The Users use the Application of their own free will and on their own responsibility.
§ 8 CROWDSALE
The User is entitled to participate in CrowdSale organised by individual Issuers.
Participation in CrowdSale takes place by way of concluding an agreement on sale of tokens issued by a given Issuer.
The rights arising from possessing tokens of a given Issuer are defined every time in an appendix to the agreement on sale of tokens.
The User who takes part in CrowdSale purchases tokens from the Operator, unless the agreement on sale of tokens provides otherwise.
The Operator shall not be liable for statements made by the Issuer to the Users, concerning the functionality of Personal Tokens and the rights connected therewith.
§ 9 PAYMENTS
The User shall use the Services other than those listed below free of charge.
Payment for the Tokens shall be made through the Payment Operator designated by the Operator for managing the payment process selected by the User.
The price of the Tokens shall be established in the following way:
In the case of SPCY Tokens – by the Operator.
In the case of Personal Tokens in the CrowdSale process – by the Issuer.
In the case of Personal Tokens on the Secondary Market – by joining the purchase orders with sale orders at the lowest price until the number of Tokens allowing for full realisation of the purchase order has been obtained.
A commission of the Payment Operator may be added to the amount of Payment, which the User shall be informed about by the Operator before proceeding to Payment.
Obtaining access to the materials published by the Issuer is free of charge, but it may be required that the User is in possession of a certain number of Tokens, defined by the Issuer.
The fees paid by the Issuer for the Operator’s benefit shall be stipulated in detail in a separate agreement.
§ 10 NEWSLETTER SERVICE
An agreement on providing the Newsletter service is concluded at the moment when effective consent thereto is given via the Application by ticking the relevant box and sending the application.
When the procedure of concluding the agreement on providing the Newsletter service has been completed, the User shall receive, via the Service, information constituting the confirmation that the agreement on providing the Newsletter service by electronic means has been concluded.
Agreements on providing the Newsletter service are concluded for indefinite time.
The User may, at any time, and without stating the reasons, terminate the agreement on providing the Newsletter service, by clicking on the appropriate link which is located at the bottom of each of the sent Newsletters.
§ 11 USERS LIABILITY
In the course of using the Application the User is forbidden to provide contents which are illegal, infringe personal interests or copyrights of third parties, or violate, in any way, the binding social and moral norms, as well as the principles of social co-existence on the Internet (the netiquette). In particular, the following are forbidden:
posting and using personal data of other persons, as well as their images, without appropriate justification;
posting contents which are vulgar or contain vulgarisms, as well as contents commonly regarded as offensive;
propagating totalitarian systems and symbols connected therewith; posting incitements of hatred or provocations to commit an offence;
supplying harmful software;
posting contents propagating the use of narcotics and psychoactive substances, contents propagating abuse of alcohol or gambling, as well as any other behaviours whose propagation is forbidden;
posting contents which infringe intellectual property rights of third parties;
spamming activities, as well as activities which have the features of unfair competition or unfair market practices;
posting contents damaging the good name or reputation of the Operator or of any third parties.
The User shall be liable for the contents they posts in the Application. In case the User post in the Application any contents which are forbidden bylaw, the Operator reserves the right to suspend the provision of Services to the User who has committed the infringement.
Additional rules concerning the Issuers’ liability are stipulated in a separate agreement.
§ 12 COPYRIGHTS
By publication of materials in the Application the User grants to the Operator a licence which is free of charge, irrevocable, non-exclusive and unlimited with regard to time and territory, to use the materials for any purpose.
Copyrights are subject to protection provided for in the Act of the 4th February 1994, on copyright and related rights (Journal of Laws 2019, item 1231).
Using the contents published in the Application does not mean the obtainment, by the User, of any copyrights. The User may use such contents solely within the scope allowed by the provisions of the Act on copyright and related rights.
§ 13 PERSONAL DATA PROTECTION
The Operator is the administrator of personal data.
The Application processes personal data in the form of an e-mail address for the purpose of allowing for safe and authorised access to the Services within the Application, in compliance with the licence.
In the case of making a payment, the personal data are automatically transferred to the Payment Operator for the purpose of facilitating and accelerating the payment process.
The Operator hereby represents that, for the purpose of realising the access service, it is indispensable to process the exploitation data including the date and time of login.
In the process of logging into the Application the following information concerning the mobile device is sent:
make and model of the device;
type and version of the operational system;
IP address of the User;
date and time of login.
The information is sent to the Operator in the process of logging into the Application, and is used for the purpose of providing the service of access to the material made available by the Application, as well as for the purpose of technical support in the event of complaint.
Data in the form of the User’s encrypted token are stored in the mobile device.
Anonymous data concerning the User’s activity in the Application may be processed by the Operator solely for statistical purposes.
§ 14 WITHDRAWAL FROM AGREEMENT
Withdrawal from the agreement on sale of electronic services, concluded at a distance, or any other agreement concluded via the Application by the User who is a consumer may be performed without giving any reason, within 14 days of the date of the conclusion thereof.
The User submits a statement on withdrawal from the agreement by electronic mail to the following address: [email protected] Using the template constituting an appendix to the Regulations is optional.
In order to meet the deadline for withdrawal from the sales agreement, it is sufficient if the User sends the statement prior to the expiry of the deadline mentioned above in p. 14.1.
In the event of effective withdrawal from the agreement, the agreement shall be regarded as not concluded, and the User, who is a consumer, shall be released from all the obligations.
When commencing the use of electronic service prior to the expiry of 14 days of the conclusion of the agreement, in particular by way of orders concerning issuance or sale of the Tokens, the User, who is a consumer, agrees that the provision of service commences prior to the expiry of the deadline for withdrawal from the agreement, pursuant to Art. 38 p. 13 of the Act of the 30th May 2014, on consumer’s rights. When the above-mentioned events have occurred, the User forfeits the right to withdraw from the agreement.
Using the electronic service commences following the acceptance of these Regulations.
§ 15 COMPLAINTS
Any complaints connected with using the Application and with providing services via the Application, as well as any questions with regard to using the Application shall be sent to the Operator by electronic mail to the following address: [email protected]
A complaint shall contain the following in its contents: the User’s first name, surname, telephone number and e-mail address (provided during the Registration), as well as the detailed description and indication of the cause for complaint.
Within 14 days of the receipt of the complaint, the Operator shall examine the complaint and inform the User, by way of electronic mail, about the manner in which it has been dealt with. In the situation where the data or information provided in the complaint need to be supplemented, the Operator shall ask the User to supplement them prior to dealing with the complaint. The time of providing additional information by the User prolongs the time of handling the complaint. Any complaints concerning use of the Application shall be submitted within 14 days of finding any irregularities.
A complaint ought to include the contents thereof, as well as the contact address to which the feedback is to be sent.
The time for examining complaints and providing feedback thereon shall be 7 days.
§ 16 FINAL PROVISIONS
Relevant provisions of commonly binding law, in particular those of the Civil Code and of the Act on providing services by electronic means shall be applied to all the issues not regulated herein.
The Regulations are available via the Application, as well as on the following website: www.sapiency.io.
The Operator hereby reserves the right to change the Regulations at any time. The Users shall be informed about changes in the Regulations with at least 7-day notice; the information shall be sent to their e-mail addresses provided during the Registration, as well as during the first activation of the Application following the change made in the Regulations. The changes shall be binding from the time indicated in the notification of the change in the Regulations (which may not be earlier than 7 days of such a change). The changes shall be regarded as accepted by the User if they continue to use the Application after the changes have come into force.