Terms of service

§ 1. General

1. The administrator of HeyEdu.com is Heyedu spółka z ograniczoną odpowiedzialnością with its
   registered office in Warsaw (03-131), at ul. Józefa Mehoffera 29, lok. U2, entered into the register
   of entrepreneurs of the National Court Register kept by the District Court for the Capital City of
   Warsaw in Warsaw, XIV Commercial Division of the National Court Register under KRS
   number: 0000940780, tax ID (NIP): 5242930811, REGON: 520786340, with a share capital of
   PLN 36,000, contact e-mail: business@heyedu.com.
2. These Terms of Service define the terms and conditions for the provision of the Service offered
   through the HeyEdu.com, including in particular the way of conclusion and execution of the
   Service Agreement as well as the rights and obligations of the parties thereto.
3. These Terms of Service can be found at: https://heyedu.com/terms-of-service/. At the request of
   the interested person, the content of the Terms of Service will be made available to that person to
   the e-mail address indicated by them, in a way that allows receipt, displaying and fixation of the
   content.

§ 2. Definitions

1) Agreement – agreement for the provision of the Service, concluded upon the terms set out
herein, between the Administrator as a service provider and the User as a service recipient.
2) Account – a set of resources, authorizations and data assigned to a specific User within the
Portal, enabling the use of its functionalities.
3) Consumer – an adult natural person with full legal capacity, using the Service defined in the
Terms of Service in scope not directly related to his or her business or professional activity or an
adult natural person with full legal capacity, using the Services defined in the Terms of Service in
the scope directly related to his or her business activity, when the content of the agreement
indicates that it does not have a professional character for that User, basing in particular upon the
subject of his business activity, made available in accordance with the provisions on the Central
Register and Information on Economic Activity.
4) Free Trial Period – a period for new registered Users to use the Service without making a
subscription payment for a limited time specified herein;
5) HeyEdu.com – website at: https://heyedu.com.
6) Login – identification of the User or other person for the purpose of obtaining access to the Portal.
7) Materials – all content, including presentations, films, recordings, photos, articles, tests and tasks,
provided to the User by the Administrator as part of the provision of the Service.
8) Token – a digital file on the Blockchain created in the standard ERC20 which may be received by
a User as a reward for completing tasks at HeyEdu.com .
9) Order – statement of will of a person interested in concluding an Agreement for the provision of
the Service.

10) Order Form – electronic form available at HeyEdu.com for filling in, which enables placing the
Order.
11) Portal – website run by the Administrator at https://portal.heyedu.com, made available to Users in
connection with the execution of the Agreement, as well as available in a limited scope for other
persons who own a Wallet.
12) Registration Form – electronic form at the Portal available for filling in, enabling creation of the
Account.
13) Terms of Service – these terms and conditions.
14) Service –a service of a dedicated assistant, with the content specified in § 3 of the Terms of
Service provided through HeyEdu.com.
15) Smart Contract – a computer program created in the Solidity programming language and saved
within Blockchain, enabling trading in Tokens.
16) Transaction – any legal act based on the Smart Contract made in the Ethereum network and
saved within the Blockchain, resulting in the transfer of Token’s ownership to the buyer in
exchange for ETH.
17) User – an adult natural person who has concluded an Agreement with the Administrator for the
provision of the Service.
18) Wallet – consistent with Blockchain, cryptographic hardware or software that allows its holder to
store Tokens and participate in Transactions.
19) Working Days – days from Monday to Friday excluding public holidays as defined in Act of
January 18, 1951 on public holidays (Dz.U. 2020, item 1920)

§ 3. Content of service and its implementation

1. As part of the Service, the User receives the support of a personal assistant whose task is to
   analyze educational needs of the User, help in setting goals to be achieved, choose the most
   effective methods of their realization and provide User with individually selected Materials in the
   process of learning.

2. The assistant’s communication with the User will be carried out in an online form, in particular via
   e-mail and SMS or other means of remote communication proposed by the assistant and
   accepted by the User.
3. The Service includes elements of gamification consisting in particular in the possibility of the
   User’s participation in challenges organized by the Administrator, rewarding User’s progress with
   experience points, moving to the next levels of development and the possibility of receiving a
   Token. Upon the express consent of the User, his progress may be included in the rankings
   conducted by the Administrator.
4. The User has the possibility to keep track of their progress and use the benefits specified in
   Clause 3 above, via an individual Account on the Portal.
5. User may exchange received Token for benefits or services from the Administrator’s educational
   offer upon the terms set out in separate terms and conditions, available at the Portal.
6. By providing the Service, Administrator undertakes to act with due diligence in scope specified in
   Clause 1 above. As part of the Service, the Administrator does not guarantee the achievement of
   the goal or result set by the User.
7. Information about the Service at the HeyEdu.com does not constitute an offer, but an invitation to
   conclude an agreement within the meaning of Article 71 of the Polish Civil Code.

§ 4. Conclusion of the agreement

1. Placing an Order for the Service via HeyEdu.com is possible 24 hours a day, all days of the year.

2. In order to place an Order, the User is obliged to fill in the Order Form made available at
   HeyEdu.com.
3. In the Order Form, you must provide information necessary to complete the Order, in particular
   your name and surname, home address, e-mail address, telephone number and choose the
   method of payment as well as a selected subscription plan. The User is obliged to fill in all fields of
   the Order Form except for those marked as optional. User may change their selected subscription
   plan through User’s account after having logged in.
4. A user who is interested in receiving a VAT invoice should provide the data necessary to its issue.
   The User accepts that the VAT invoice will be sent to him electronically to the e-mail address
   provided. A VAT invoice sent in the above form is deemed to have been effectively delivered when
   the message has entered into the means of electronic communication in such a way that the
   addressee can become acquainted with its content.
5. By filling in the Order Form, the User:
   a. confirms reading, acceptance and obligation to apply provisions of the Terns of Service;
   b. agrees to the processing of his personal data marked as optional provided in the Order Form,
   for the purposes specified in the Privacy Policy;
   c. may agree to the processing of their personal data for the purposes of: (i) sending a
   newsletter issued by the Administrator, (ii) marketing of products and services rendered by
   Administrator and entities cooperating with him, as well as may agree to sending by the
   Administrator and entities cooperating with him commercial information within the meaning of
   the Act of 18 July 2002 on the provision of electronic services.
6. When Order Form has been completed correctly User sends it electronically to the Administrator
   through appropriate function of Order Form.
7. To complete placing an Order User has to click „Buy and pay” button.
8. User is obliged to pay for the Order in one of the available payment methods, described in § 5 of
   the Terms of Service.
9. Taking the Order to execution occurs subject to making payment of first subscription fee. Time of
   realization of the Order is counted as of the moment of receipt of positive payment authorization
   and takes up to 2 Working Days. During this period, HeyEdu assistant will contact the User by e-
   mail sent to the User’s address provided in the Order Form.
10. The User receives a confirmation of taking the Order to execution in an e-mail sent to the User’s
    address provided in the Order Form.
11. The Agreement between the Administrator and the User is concluded at the moment of receipt by
    the User of the confirmation of taking of the Order to execution and receipt of positive
    authorization of subscription fee payment.
12. The Agreement is concluded for an indefinite period and can be terminated by the User at any
    time subject to the last sentence of this Clause 12. In order to submit a resignation from the
    Service, you must follow the instructions provided for in the Portal or send the Administrator to the
    e-mail address: business@heyedu.com a statement of will providing direct intent of resignation
    from the Service. Termination of the Agreement takes place at the end of the current settlement
    period.
13. The User is not entitled to transfer to third parties rights and obligations arising from the
    Agreement in whole or in part.
14. The User is responsible for the accuracy and correctness of the data provided in the Order Form.
    The Administrator is not responsible for errors in servicing the Order or other instructions of the
    User, resulting from provision of incorrect data by the User.
15. Notwithstanding the provisions above User is entitled to use Free Trial Period upon the terms
    provided in §5 below. In order to use the Free Trial Period, the User should take the following
    actions: click the „Uruchom 14 dni gratis” (Eng. “Launch 14 days free period”) button at the Portal
    during the process of placing an Order and fill in the Order Form with all required information.

§ 5. Price. Method of payment

1. Remuneration for the Service is payable in form of a subscription fee.

2. The settlement period for which the remuneration referred to in Clause 1 above may constitute a
   period of 1 month or 1 year depending on User’s choice. If User does not resign from the Service,
   in accordance with the provisions of the Terms of Service, the subscription fee will be charged to
   the User automatically for the next settlement period.
3. The subscription fee is calculated in Polish zloty and in United States Dollars (USD) and includes
   VAT. Choice of currency in which the subscription fee shall be paid depends on the User and is
   determined in Order Form. Subject to Clause 4 below, User is bound by the current price of
   subscription fee provided at HeyEdu.com.
4. The cost of subscription fee may change, in which case purchased subscription will remain at the
   same price only until the end of the current settlement period.
5. The Administrator will inform Users about planned change in price of subscription fee at least 14
   days in advance, in form of an e-mail sent to the User’s address and by announcement at
   HeyEdu.com.
6. User may unsubscribe from the Service at any time subject to that the resignation takes effect at
   the end of the current settlement period. Cancellation of the Service is possible through User’s
   account after logging in.
7. Subject to the provisions of § 8 of the Terms of Service, payments are non-refundable. The
   Administrator does not reimburse funds for not using access to the Service in full.
8. The subscription fee can only be paid through:

a. online payment using UnionPay,
b. online card payment, available payment methods: Visa, Mastercard, American Express.

9. Detailed conditions for the use of payment methods referred to in Clause 8 above, provided by
   third parties, are specified in the terms and conditions made available by these entities. Using the
   above-mentioned forms of payment means acceptance by the User of the above-mentioned terms
   and conditions and results in making User’s personal data available to such third parties to the
   extent necessary to process the payment. The Administrator is not responsible for the actions or
   omissions of third parties performing the payment process.
10. The payment service provider is Stripe, Inc.
11. In case a User decides to launch a Free Trial Period an Agreement between the Administrator and
    the User is concluded at the moment of receipt by the User of Order confirmation.
12. During Free Trial Period User receives a free access to the Service for 14 days as of confirmation
    of the Order.
13. Use of Free Trial Period when starting the subscription is allowed only once by one User. When
    attempting to use the Free Trial Period, the User will be informed whether they are entitled to use
    it.
14. Upon expiration of the Free Trial Period (14 days), the first subscription fee will be charged in
    accordance with subscription plan selected.
15. If a User intends to end Free Trial Period or cease to use the Service upon the lapse of a Free
    Trial Period they have to log into their account and cancel the subscription in accordance with
    instructions provided therein.

§ 6. User portal

1. The Portal, including an Account, can be accessed in full by persons using the Service. Other
   persons may access the Portal in a limited scope if they have a Wallet.

2. Access to the Portal is possible via domain https://portal.heyedu.com. Logging in is possible with
   use of a Wallet.
3. After Logging in successfully in accordance with Clause 2 above, for the purposes of using the
   Service, User may create an Account and submit other User’s data (such as e-mail address)
   following the functions available at the Portal.
4. The User may have only one Account at the Portal. It is prohibited to transfer or make the Account
   available to third parties.
5. The Account may be deleted by the User at any time, at User’s discretion.
6. In order to delete the Account, User shall press the „delete Account” button available to the User
   after logging in to the Portal in the settings section of his Account, or submit such request to the
   Administrator via e-mail sent to the following address: business@heyedu.com.
7. The Administrator is entitled to delete the User’s Account in the event of termination of the
   Agreement or withdrawal from it by the User.
8. Deleting the Account results in the loss of all User data stored therein, including in particular the
   User’s progress history, experience points awarded, levels achieved or other benefits that User obtained during the term of the Agreement. In case of placing a new Order for the Service and making new registration of the Account on the Portal, it is not possible to recover the above information.

§ 7.  Copyright. License

1. Economic copyrights to all Materials, including the right to exercise and allow the exercise of
   derivative rights, are vested in the Administrator or in respective authors.

2. Providing Materials to the User, does not constitute transfer of economic copyrights, granting right
   to perform and authorize performance of derivative copyrights, nor authorizes them to exercise
   moral rights to these Materials.
3. The Administrator grants User, non-exclusive license, free of charge, without territorial restrictions,
   to use, excluding commercial use (for economic benefit), the Materials provided to User, both
   during the term of the Agreement and after its termination solely for User’s personal use, in
   particular without the right to make Materials available to third parties or distribute them in any
   way.

§ 8. Right of withdrawal

1. If the User is a Consumer, pursuant to the Act of 30 May 2014 on Consumer Rights (Dz.U. of
   2014, item 827, as amended; hereinafter referred to as: „Act on Consumer Rights”), he has the
   right to withdraw from the Agreement which was entered into at a distance (remote agreement), in
   accordance with the following provisions. If the User is not a Consumer, the following provisions
   do not apply.

2. Consumer may withdraw from the Agreement without giving a reason within 14 (fourteen)
   calendar days from the date of its conclusion as defined in § 4 Clause 11 and §5 Clause 11 (in
   case of Free Trial Period) of Terms of Service, by submitting a statement of withdrawal from the
   Agreement. To meet this deadline, it is enough to send a statement before the expiry of the
   above-mentioned deadline.
3. In the event of withdrawal from the Agreement, it is considered void.
4. The statement on withdrawal from the Agreement may be submitted in any form, provided that the
   statement reveals the intent to withdraw from the Agreement, including the form, the template of
   which is available on the Website in the Terms of Service tab, as well as on the withdrawal form,
   which constitutes Appendix No. 1 to the Act on Consumer Rights.
5. The statement on withdrawal from the Agreement may be made to the following address: Heyedu
   sp. z o. o., Józefa Mehoffera 29 lok. U2, 03-131 Warsaw or by sending an e-mail to
   business@heyedu.com.
6. The Administrator returns immediately, no later than within 14 days as of the date of receipt of the
   Consumer’s statement on withdrawal from the Agreement, all payments made by the Consumer (if
   any). The payment is reimbursed using the same method of payment as used by the Consumer,
   i.e., the payment will be returned to the bank account or to the account assigned to the payment or credit card, respectively, unless in the statement of withdrawal from the Sales Agreement the Consumer indicated a different bank account number.

§ 9. Complaints

1. Complaints regarding the provision of the Service or the functioning of HeyEdu.com or the Portal,
   including technical irregularities regarding their operation, may be reported by post to the following
   address: Heyedu sp. z o.o., Józefa Mehoffera 29, lok. U2, 03-131 Warsaw, with a note that the
   complaint concerns the Service and/or HeyEdu.com or by sending an e-mail to the following
   address business@heyedu.com.

2. The complaint should include: name, surname, current address of the User and a detailed
   description and indication of the circumstances constituting the basis for the complaint.
3. After receiving a complaint in accordance with Clauses 1 and 2 above, the Administrator will
   respond within 14 (fourteen) calendar days as of the date of delivery of the complaint. The
   response to the complaint is given in writing by post or in a return e-mail.
4. After exhausting the complaint procedure, the User has the right to pursue unaccounted claims in
   a common court with territorial jurisdiction in accordance with the provisions of the Polish Code of
   Civil Procedure.
5. The User has the possibility of using out-of-court methods of dealing with complaints and pursuing
   claims, in particular by submitting after completion of the complaint procedure a request to initiate
   mediation or a request to settle the case before an arbitration court (the application can be
   downloaded at the website http://www.uokik.gov.pl/download.php?plik=6223). The list of
   Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade
   Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-
   court procedure after completion of the complaint procedure is free of charge. In case of User who
   is a Consumer who wants to use an out-of-court method of pursuing claims, it is also possible to
   submit a complaint via the EU ODR online platform, available at
   http://ec.europa.eu/consumers/odr/.

§ 10. Provision of services by electronic means

1. The Administrator is also a service provider of services provided electronically within the meaning
   of the Act on the provision of electronic services. These Terms of Service constitute also terms
   and conditions for the provision of electronic services within the meaning of Article 8 of the
   aforementioned Act. Administrator provides services electronically in accordance with these
   Terms of Service.

2. For cooperation with the informational system used by the Administrator and in order to use
   HeyEdu.com and the Service, User must have equipment and a system that meets following
   minimum technical requirements.:
   a. having an active e-mail account,
   b. a web browser that includes current updates, with JavaScript enabled,
   c. cookies enabled in the browser,

d. Internet access,
e. having applications that allow you to read PDF files,
f. the ability to play video files;
g. having a Wallet.

3. The User undertakes not to take actions that could jeopardize the proper functioning of
   HeyEdu.com or provision of the Service. It is prohibited to provide illegal content, acting in a
   manner that violates the law or in order to circumvent the law, as well as in contradiction with the
   principles of community life or principles of good mores. It is prohibited to use HeyEdu.com in a
   way that interferes with its functioning or is inconvenient for the Administrator or other Users.
4. The Administrator represents that use of the services specified in Terms of Service may involve a
   standard risk related to the use of the Internet and recommends Users to take appropriate steps to
   minimize them. The Administrator ensures the operation of the IT system, which enables the use
   of services provided electronically, in a way that prevents unauthorized persons from accessing
   the content constituting these services, in particular by use of cryptographic techniques
   appropriate to the nature of the services provided. In the event of planned interruptions,
   modernization or other similar cases, the Administrator has the right to notify the User about them
   to e-mail address provided to him or generally on HeyEdu.com.
5. Starting to use the Service by User as defined herein or agreeing to comply with Terms of Service
   is equivalent to conclusion an agreement for the provision of electronic services.
6. The User’s consent to use the Service defined herein may be withdrawn at any time.
7. The provisions of § 9 of Terms and Conditions shall apply accordingly to complaints in scope of
   services provided electronically, with the term for submitting a complaint calculated as of the
   moment of occurrence of the event justifying the submission of the complaint..
8. In matters not covered by Terms of Service, in the scope of providing services by electronic
   means, generally binding provisions of law shall apply, in particular the Act on the provision of
   electronic services.

§ 11. Changes to the terms and conditions. Portal availability

1. These Terms of Service enter into force as of 19.10.2022.

2. The Administrator reserves the right to change Terms of Service in accordance with following
   provisions.
3. Terns of Service may be amended for important technical, legal or organizational reasons. The
   Administrator informs about the amendment hereof and about the date from which the amended
   Terms of Service shall apply, at least 14 days before the effective date, by placing on
   HeyEdu.com an information about the amendment and the content of Terms of Service as
   amended.
4. Users are informed about the change of Terms of Service by sending to their e-mail addresses an
   information about the amendment of Terms of Service with a summary of amendments thereto
   attached.
5. Users have the right to terminate these Terms of Service. The User may terminate it within 14
   days as of the date of receipt of the e-mail informing about an amendment in Terms of Service.
6. Termination of Terms of Service by the User who ordered the Service and has an Account is
   equivalent to resignation from having an Account and to termination of the provision of the Service
   with the last day of a given settlement period.
7. A failure to submit a statement on termination within 14 days as of the date of receiving the e-mail
   about the amendment to the Terms of Service is equivalent to acceptance of the amended
   provisions subject that first logging in to the Portal after Terms of Service amendment is possible
   only after having confirmed reading of the current content of Terms of Service.

§ 12. Final provisions

1. The Controller of User’s personal data is Heyedu spółka z ograniczoną odpowiedzialnością with
   its registered seat in Warsaw.

2. The User’s personal data is processed upon the terms provided in the „Privacy Policy” tab
   available at: http://heyedu.com/politykaprywatności.
3. In order to obtain information on the use of HeyEdu.com, Portal or Service rendered on the basis
   hereof please contact Administrator to the following e-mail address: business@heyedu.com. The
   respond shall be provided within 7 working days.
4. Trademarks appearing at HeyEdu.com belong to the respective rightsholders and are referred to
   only for information purposes and may not be exploited for any purpose without the prior written
   consent of the respective rightsholders.
5. The Agreement concluded on the basis hereof is subject to Polish law and jurisdiction of Polish
   courts. The choice of law does not deprive the Consumers who entered into Agreement of their
   rights under the mandatory provisions of law of the state of their residence.