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 30,000, 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. Digital File – graphics saved in PNG format, associated with Token by respective entry in metadata.
  5. HeyEdu.com – website at: https://heyedu.com.
  6. Login – identification of the User for the purpose of obtaining access to the Account within 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 unique, digital, cryptographically saved within the Blockchain certificate of the right of exclusive ownership of the Token-corelated Digital File. Tokens were created in the ERC20 standard and can be traded using a Smart Contract in the Ethereum network in exchange for the ETH cryptocurrency.
  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.
  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 User 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 User 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. The User is obliged to fill in all fields of the Order Form except for those marked as optional.
  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:
    • confirms reading, acceptance and obligation to apply provisions of the Terns of Service;
    • agrees to the processing of his personal data marked as optional provided in the Order Form, for the purposes specified in the Privacy Policy;
    • 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. 
  1. Commencement of the provision of the Service before the term for withdrawal from the Agreement referred to in § 8 Clause 2 of Terms of Service is possible only if the User, informed about the effect specified in § 8 Clause 3 of the Terms of Service, has made a clear statement of consent to the commencement of the provision of the Service before the term for withdrawal from the Agreement. The consent referred to in the preceding sentence is expressed by checking the appropriate checkbox in the Order Form. Giving the consent is voluntary however lack of consent will result with commencement of rendering of the Service after lapse of 14-days term as of the moment of conclusion of the Agreement.
  2. When Order Form has been completed correctly User sends it electronically to the Administrator through appropriate function of Order Form.
  3. To complete placing an Order User has to click „Buy and pay” button.
  4. User is obliged to pay for the Order in one of the available payment methods, described in § 5 of the Terms of Service.
  5. 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.
  6. 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.
  7. 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.
  8. 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 13. In order to submit a resignation from the Service, you must follow the instructions provided for in the User 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. 
  9. The User is not entitled to transfer to third parties rights and obligations arising from the Agreement in whole or in part.
  10. 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. 

§ 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 is calculated is the period of 1 month. 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 euro 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. You may unsubscribe from the Service at any time subject to that the resignation takes effect at the end of the current settlement period. 
  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 monthly access to the Service in full. 
  8. The subscription fee can only be paid through:
    • online payment using UnionPay,
    • online card payment, available payment methods: Visa, Mastercard, American Express.
  1. 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.
  2. The payment service provider is Stripe, Inc.

§ 6. User portal

  1. The Portal can only be accessed by persons using the Service. 
  2. Access to the Portal is possible via domain https://portal.heyedu.com. In order to register an Account on the Portal, User has to log in with use of his Ethereum Wallet in accordance with information provided at the Portal.
  3. After having logging in successfully in accordance with Clause 2 above, for the purposes of using the Service, User may submit other User’s data (such as e-mail address) according to the functions available at the Portal.
  4. The User may make only one registration on the Portal and have one Account. 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 him 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.
  4. The Administrator grants each NFT owner a non-exclusive license, royalty-free, without territorial restrictions to use the related NFT Digital File, excluding commercial use (for economic benefit), in the following fields of exploitation:  
    • in scope of recording and reproduction of the Digital File – production of copies of Digital File using a specific technique, including printing, reprographic, magnetic recording and digital technology;
    • in scope of trading in the original or copies on which the Digital File has been recorded – placing on the market, lending or renting the original or copies;
    • in scope of distributing the work in a manner other than specified in point b – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and at a time chosen by them.
  5. Upon each transfer of ownership of NFT as a result of Transaction, the license granted to the vendor expires and is granted to the benefit of the buyer.

§ 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 12 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. The Consumer may withdraw from the Agreement also if he has consented to commence provision of the Service before the tern for withdrawal from the Agreement. In this situation, in accordance with Article 35 of the Act on Consumer Rights, the Consumer is obliged to pay for the services provided until the moment of withdrawal from the Agreement. The amount is calculated in proportion to the scope of Service performed, taking into account the price agreed in the Agreement.
  4. In the event of withdrawal from the Agreement, it is considered void.
  5. 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.
  6. 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.
  7. 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. 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.: 
    • having an active e-mail account,
    • a web browser that includes current updates, with JavaScript enabled,
    • cookies enabled in the browser,
    • Internet access,
    • having applications that allow you to read PDF files,
    • the ability to play video files.
  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 fore as of [●] 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 a User Account is equivalent to resignation from having a User 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 User 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/privacy-policy.
  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. 
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