These Terms and Conditions set out the rules for using the H2Home platform and Services, available at https://h2home.pl/ and within other applications, including mobile applications (“H2Home”), provided and performed by H2Home Sp. z o.o.(Limited) with its registered office in Warsaw (00-867), Al. Jana Pawła II 27, entered in the register of entrepreneurs of the National Court Register (KRS) under number 0001029444, NIP (tax ID): 5273050703, with share capital of PLN 5,000.00 (hereinafter the “Service Provider”, “we”, “us”, “our”).
Welcome to H2Home, which supports creativity and efficiency in project management! We expect every User to use H2Home reasonably and responsibly and to respect other Users and the Materials they make available. Please read these Terms carefully.
1.1. Price List – a list of Fees assigned to individual scopes of the Services; a change to the Price List does not constitute an amendment to the Agreement; the Price List is available here: h2home.pl;
1.2. Business days – days during the Service Provider’s working hours, from Monday to Friday, excluding public holidays in accordance with generally applicable laws of the Republic of Poland;
1.3. Client – an entity to whom the Designer delivers or makes available Materials via H2Home functionalities, on the basis of a separate agreement concluded between the Designer and the Client, independently of us;
1.4. Account – the part of H2Home individually allocated to you as a User and modifiable; the Account enables the use of other Services;
1.5. Materials – information, content or other materials published, created or uploaded by you within your Account, as well as any other information you place on H2Home; Materials include, in particular, designs, photos, links, entered data, URLs, agreements, data concerning Clients and other information or materials created or sent by you under H2Home’s functionalities or transmitted by Clients who have been granted access to your Account;
1.6. Newsletter – one of the Services provided electronically, consisting in delivering to Users industry information, information about new H2Home capabilities, and any updates within H2Home or concerning us;
1.7. Fee – a periodic (or other) fee for the Services, specified in the Price List, the amount of which depends on the selected scope of Services, payment method and/or subject scope of the Services; the Fee determines the duration of a paid Service;
1.8. Privacy Policy – a document describing in detail how we process Users’ personal data; the Privacy Policy supplements the Terms and is available under Privacy Policy tab (available here);
1.9. Designer – a natural person, legal person or organizational unit which, in direct connection with its business or professional activity, orders the Services and with whom the Service Provider concludes an Agreement of a professional nature for that person;
1.10. Maintenance Break – an interruption in the availability of H2Home and the Services due to the need to carry out update, maintenance or modernization work, preventing or hindering their use;
1.11. Terms – these H2Home Terms and Conditions, which constitute the general terms of Agreements;
1.12. Force Majeure – an event that could not be foreseen with the diligence required in professional relations, and which is external both to you and to us, and which could not be prevented with due care, in particular such as natural disasters, extraordinary weather phenomena, employee illnesses, hacking attacks, a state of emergency, unusual collective behaviors and actions of public authorities, service outage of an external provider or restrictions on its use;
1.13. Parties – the User and the Service Provider;
1.14. Agreement – the agreement for the provision of Services concluded between us and you as the User, the general terms of which are set out in these Terms and which concerns, first and foremost, the use of H2Home; the Agreement binds your legal successors; you may not assign rights and obligations under the Agreement without our consent;
1.15. Services – services provided by us through H2Home to Users consisting in making H2Home functionalities available, in particular enabling the User to manage an Account, post, generate and send Materials, and manage projects;
1.16. User – an entity with full legal capacity using our Services within a Designer’s Account as a Client or within its own Account;
1.17. Order – a declaration of will by the User leading to the conclusion of the Agreement or its modification, including extension of the Services; Orders may, in particular, be placed electronically through H2Home, as well as by individual arrangements with the Client.
2.1. All definitions and expressions used in these Terms apply to the Agreement and to other actions related to the performance of the Agreement.
2.2. In our communications with you, the above terms written in lower case have the meaning given in the Terms, unless the sender expressly indicates otherwise.
3.1. As an entity using our Services, you declare and warrant that you have read the Terms and raise no objections to them. You may not use H2Home or the Services if you have not accepted these Terms.
3.2. Agreements are concluded in accordance with Polish law, provided that this choice may not deprive a User who is a consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence.
3.3. We do not post our own commercial information or offers submitted in electronic form within H2Home as understood by the Civil Code. In particular, the provisions on submitting an offer in electronic form do not apply.
3.4. You are prohibited from providing content, in particular Materials, of an unlawful nature and from using H2Home in a manner that disrupts or prevents its proper functioning.
3.5. Detailed rules for using H2Home functionalities and individual Services are set out within H2Home in the relevant tabs and in the descriptions of individual Services.
3.6. Some performances provided by the Service Provider may be subject to terms that are additional to or supplementary to these Terms. In the event of discrepancies between these Terms and the terms for such performance, the latter shall take precedence.
3.7. We have designated an electronic contact point related to H2Home for direct communication with the authorities of Member States, the Commission, the Digital Services Board: kontakt@h2home.pl. The same contact point may be used by you for direct and swift communication with us. Communication may be conducted in Polish or English.
3.8. H2Home may contain links to third-party websites over whose content we have no influence. Only their operator is responsible for the content available at the linked addresses.
4.1. To use H2Home, the following minimum technical requirements must be met on your side: (a) a device with Internet access enabling proper display of the H2Home interface; (b) an installed and updated to the latest version web browser: Edge, Firefox, Opera, Chrome, Safari; (c) enabled JavaScript and Cookies (subject to the relevant provisions of the Privacy Policy); (d) an active email account. Recommended minimum screen resolution: 1024×768 pixels.
4.2. The description of a given Service available within H2Home may include additional constraints or specified limits on the use of that Service (e.g., free Services may include limits on storage, number of free projects, etc.).
4.3. The scope in which you may use H2Home is determined, in particular, by the Order you have placed.
4.4. We reserve all rights to H2Home not expressly granted to you under the Agreement. Thus, the Agreement does not allow Users, in particular, to: (a) reproduce, distribute, lend, dispose of or otherwise redistribute, directly or indirectly, H2Home or its elements, whether paid or free of charge, bypassing us; (b) modify, reverse engineer or otherwise interfere with H2Home software; (c) use and develop our intellectual property to create your own products and services; (d) use our intellectual property for an unlawful purpose or to our detriment. Any behavior meeting any of the above will be treated as a gross breach of these Terms and the Agreement.
4.5. When using H2Home you will not: (a) take any actions that may hinder or disrupt the functioning of H2Home; (b) cause the use of H2Home to be burdensome for others; (c) act to our detriment, to the detriment of other Users or third parties; (d) act contrary to the Terms; (e) use H2Home to send spam or otherwise distribute unsolicited or unauthorized advertising materials, or distribute chain letters; (f) publish or introduce to H2Home any illegal Materials.
4.6. Subject to different provisions of the Terms regarding breaches, if you breach the Terms or if, for reasons attributable to you, a breach occurs, we will request that you cease the breach, setting a deadline of at least 7 days for that purpose, and after the ineffective expiry of this deadline, we are entitled to: (a) send you a warning about the possibility of blocking the Account; (b) block access to your Account; (c) delete the Account, thereby terminating the Agreement with immediate effect.
4.7. If, during the term of the Agreement, we improve H2Home, the new version will be promptly implemented and made available to you via the Service. The implementation time for the improvement or update of H2Home will be appropriate to the level of advancement and complexity of the technical changes and may require a Maintenance Break. Such a change does not constitute an amendment to the Agreement.
4.8. H2Home should in no way infringe consumer protection regulations. If any point of the Terms is contrary to mandatory consumer protection provisions, that provision is not binding on you as a consumer and the closest appropriate legal provisions shall apply in its place.
5.1. Every User must have an active Account to use the Services within H2Home. To create an Account and obtain registered User status, complete the registration procedure in accordance with the messages presented within H2Home. Remember that you are required to provide true and up-to-date data and to keep it that way for the entire period of holding the Account.
5.2. The Designer is entitled to indicate persons who may register within H2Home and who are its collaborators or employees. Such persons must complete a separate registration process in accordance with our guidelines, including accepting the Terms. The Designer is responsible for the acts and omissions of such persons undertaken within H2Home as for its own.
5.3. Upon confirmation of the registration of your Account, an Agreement for an indefinite period is concluded between us.
5.4. Under certain Services, the Designer may use the Service of granting access to the Account to selected Clients who, upon creation of access by the Service Provider, become Users within the meaning of the Terms, which they must accept in advance. The Designer is responsible for compliance with these Terms by such Users, including liability for all activities performed within its Account.
5.5. The User declares that they have and will have, for the duration of the Agreement, all consents to process the data entered into the Account that constitute personal data.
5.6. Please remember that you are responsible for what happens within and via your Account. You may not make the Account available to unauthorized third parties and you are also responsible for keeping your login and password confidential. If you notice that someone unauthorized uses or has used the Account, inform us immediately.
5.7. You may create only one Account within H2Home. Your Account is non-assignable and non-transferable.
5.8. As a result of termination of the Agreement or other end of the Agreement, your Account will be deleted and all Materials placed within the Account will also be deleted, and you will irreversibly lose access to them.
6.1. You complete an Order (selecting the Services) via a dedicated Order form and then send it to us. By placing an Order, you make us an offer to purchase the Services indicated by you in the Order. Depending on your choices within the Services, you will receive access to the limit of data specified in the Price List that may be stored within H2Home (by you as the Designer, your Clients, as well as team members who have an Account). In the event that the limit is reached or exceeded, access to functionalities related to the need or possibility of storing further data will be blocked. To restore access, you must delete some of the Materials stored within H2Home or purchase a package with a higher data limit.
6.2. If the Order is not placed on behalf of a natural person, by sending it the person declares that they act on behalf of a User who is an entrepreneur, legal person or other organizational unit and are duly authorized to act on its behalf and for its benefit. We are entitled to verify this, but we are not obliged to do so.
6.3. From the moment we confirm acceptance of the Order, the amended Agreement applies on the terms indicated in the Order and the Terms, provided the relevant person is authorized and/or empowered to conclude the Agreement.
6.4. By placing an Order, you acknowledge and accept that payment will be processed by an external entity supporting technical payment handling, i.e., the payment operator stripe.com.
6.5. For the purpose of processing payments, your personal data may be transferred to the operator. The transferred data will be used solely for the purpose of processing the payment and in accordance with the Split privacy policy. Stripe.com bears full responsibility for data and payment security.
6.6. The Agreement may also be concluded individually, through our negotiations based on Orders. For the avoidance of doubt, such an Agreement is also subject to these Terms, and you are bound by the Terms from the moment the Agreement is concluded, including confirmation of the Order conditions.
6.7. You may terminate the Agreement at any time by sending us a declaration of intent via email, provided that the email address used is the address you used when registering the Account, to: kontakt@h2home.pl, or by using one of H2Home’s functionalities. The notice is effective at the end of the duration of the Service specified by the Fee in accordance with the Order.
6.8. The notice may be submitted in documentary form or in writing under pain of nullity.
6.9. Without prejudice to other provisions of the Terms, we are entitled to terminate the Agreement (by email or in writing) with immediate effect in the event of the User’s failure to pay any part of the remuneration on time or their breach of other terms of the Agreement, including the Terms. In such a case we will first request – as appropriate – payment or cessation of the breach, setting a deadline of at least 7 days.
6.10. As a result of termination of the Agreement or other end thereof, all Materials and information placed within H2Home will be deleted (unless Union law or the law of a Member State requires the storage of personal data), and you will irreversibly lose access to them.
7.1. For paid Services, current prices are indicated in the Price List. All prices in the Price List: (a) are net prices, which in some cases must be increased by VAT at the applicable rate; (b) may not include additional fees for performing the Order, including customs duties and other taxes.
7.2. For paid Services, the duration of the Service is determined by the Fee.
7.3. Fees are non-refundable, including where you do not use a given pool of Services, unless the Terms provide otherwise. The Fee will be charged in the amount specified in the Price List.
7.4. We are entitled to change the Price List (which does not constitute an amendment to the Agreement), and we are obliged to inform you of the new Fees at least 30 days in advance before they take effect. During that period, if you are a consumer or an entrepreneur-consumer under applicable law, you may accept the new Price List or terminate the current Agreement if you do not agree to the new terms. If you do not terminate within the time limit indicated in the notice of change, the new Price List applies to you with the next payment.
8.1. We provide Services for a fee unless we expressly indicate within H2Home which Services are provided free of charge (e.g., up to a specified storage or other limits). Fees are specified in each case by the Order and the Agreement.
8.2. Unless the Agreement provides otherwise, the Fee for particular Services is payable for each month of their term in advance, by the 10th (tenth) day of each calendar month directly following the month to which the monthly fee relates.
8.3. You may purchase an additional Service at any time during the term of the Agreement. The Agreement is amended by placing an Order for the additional Service, and section 6 of the Terms applies accordingly. Unless the Order provides otherwise, the Service is activated on the first day of the month following the month for which the monthly Fee has already been paid.
8.4. The User agrees to receive invoices in electronic form.
9.1. Materials are provided or created directly by you, and you determine their content on your own.
9.2. By using Materials within H2Home, you each time declare and warrant that: (a) you hold rights to the Materials at least to the extent required to be bound by these Terms and to enable performance of the Agreement; (b) the use and disposal of the Materials does not and will not infringe third-party rights; (c) the Materials will not violate other provisions of the Terms, in particular those set out in the paragraph below.
9.3. You may not place or generate Materials within H2Home or use Materials within the Services that may: (a) infringe rights or personal interests of third parties, in particular intellectual property rights; (b) contain threats, incite aggression or contain elements of unwarranted violence; (c) constitute materials that may be used for unlawful, misleading, malicious or discriminatory purposes, disseminate legal violations, including indicate methods facilitating violations of such rights or encourage such behavior; (d) promote topics or practices inconsistent with the idea of H2Home; (e) contain materials that may be used for unlawful purposes; (f) be clearly contrary to principles of social coexistence or common moral and social norms or “netiquette”; (g) violate others’ privacy or be inappropriate for persons under 18 years of age; (h) promote other websites or other internet service providers competing with us.
9.4. Upon posting Materials in H2Home, you grant us, for that purpose, a territorially unlimited and time-unlimited license, with the right to sublicense, to use and dispose of the Materials in whole or in part, to the extent necessary for the performance of H2Home functionalities, in particular for fulfilling the obligations set out in our Agreement.
9.5. The User is fully and solely liable to us and to third parties for the Materials and for other damage resulting from the use of the Materials, in particular towards Clients, as to their credibility and authenticity.
9.6. We do not check Materials. For the avoidance of doubt, we do not verify, represent or warrant the completeness, truthfulness or reliability of any Materials made available by you in H2Home within the Services, as well as outside H2Home, e.g., made available to Clients on platforms of other providers, etc.
9.7. We are not responsible for backing up Materials or for your loss of Materials, in particular as a result of deleting the Account.
9.8. You bear full responsibility for the Materials and for any infringement of third-party rights. If a third party brings claims directly against us, you undertake to indemnify the Service Provider and to join any proceedings as a defendant or, if not possible, as an intervenor.
9.9. We are entitled to use Materials and other information entered into H2Home to improve the quality of the Services provided, to enhance them and further develop them, and, with respect to Materials constituting personal data, in a manner and scope not exceeding the rules set out in the Privacy Policy. In particular, we are authorized to feed Materials into AI systems of which we are the owners for the purpose of learning and developing those systems, while we undertake not to feed personal data that we process as controller or processor into those systems.
10.1. The Newsletter is delivered within the Fee selected by you. The Newsletter agreement does not involve any additional Fees beyond those resulting from the Order.
10.2. Upon Account registration we conclude with the User an agreement for the provision of the Newsletter service for an indefinite period.
10.3. The User may terminate the Newsletter service at any time with immediate effect by sending an email to: kontakt@h2home.pl or by deactivating the Newsletter via the link contained in each Newsletter message.
10.4. Resignation from the Newsletter only results in cessation of the Newsletter being sent to you and does not affect: (i) other Services provided to you; (ii) access to other Services and the way they are obtained/transmitted; (iii) the validity of the Agreement in a scope other than sending the Newsletter; (iv) the amount of the due Fee.
10.5. To regain access to the Newsletter, you should contact us at the email address indicated above. We reserve that the change of the email address to which the Newsletter is sent may take place only in extraordinary situations and is subject to our sole decision.
11.1. Within H2Home or via our Services it is additionally prohibited to:
11.1.1. engage in any form of spamming, phishing or fraud; this includes, among other things, sending unwanted emails, messages or content with the intention to deceive Clients or other persons or to obtain confidential information;
11.1.2. transmit or create content, including PDF attachments or other files, containing viruses, malware or other harmful elements; you are responsible for ensuring the security of the content you transmit and the way it is further shared, in particular with Clients.
11.2. Any behavior meeting any of the above, as well as infringement of the provisions referred to above, will be treated as a serious breach of the Agreement and entitles us to terminate the Agreement with immediate effect.
12.1. We make IT infrastructure available and ensure its proper technical functioning and to that extent we are responsible for H2Home and the Services. We do not provide any commercial guarantees in connection with the provision and use of H2Home.
12.2. Since we only provide access to H2Home and services provided electronically, we are not liable for damage resulting from: (a) your breach of these Terms; (b) your disclosure of the login or password to your Account to third parties; (c) the use of Materials contrary to the Terms; (d) Force Majeure, malware, DDoS attacks; (e) our non-performance of the Agreement as a result of the User’s act or omission; (f) short-term prevention or hindrance of access to the Services caused by a Maintenance Break; (g) defects and errors of the Materials, the method of making the Materials available or the consequences of using the results of the Services; (h) causes attributable to third parties, including providers of services with which our Services are to be integrated, H2Home being shut down in whole or in part, or other reasons beyond our control.
12.3. We are also liable to you only for damage caused intentionally; we are not liable for your lost profits and, where possible, our liability is limited to PLN 1,000.
12.4. The above limitations of liability apply only to Users who are not consumers (in particular Designers).
13.1. We make H2Home available and ensure its proper technical functioning and to that extent we are responsible for the services provided through it. We do not exercise ongoing control or monitoring over Materials posted by you in H2Home.
13.2. However, we act with respect for the law and third-party personal rights. Therefore, if conduct infringing rights or personal interests is noticed, the person should notify us. In particular, please inform us about information which in itself or by reference to an act, including the sale of products or provision of services, is not compliant with the law of the European Union or with the law of any Member State which is consistent with EU law, regardless of the specific subject or nature of that law (so-called illegal Materials).
13.3. Notices regarding rights-infringing conduct as well as illegal Materials should be sent to: kontakt@h2home.pl. To streamline the procedure, the notice should include at least the following: (a) identifying data of the reporting person (first and last name) and an email address if different from the one used to send the notice; (b) an indication of the Materials or rights-infringing conduct together with an indication of what law they infringe or an explanation of the reasons why you allege that the information constitutes illegal Materials; (c) an indication of the place in H2Home where the given content or material is located, with particular reference to the URL address; (d) in the case of illegal Materials, a statement confirming a good-faith belief that the information and allegations contained therein are correct and complete.
13.4. Following receipt of such a notice or official notification, we will immediately confirm receipt. We will then consider the notice and make a decision regarding the Materials to which the notice relates in a non-arbitrary, objective and duly diligent manner, and most importantly in a timely manner – within 30 days. We will inform the reporter of the decision without undue delay. You have 7 (seven) days to appeal our decision. The further provisions regarding appeals in section 13.5 apply accordingly.
13.5. Following receipt of such a notice or official notification, access to the Materials or data relating to the conduct within H2Home will be disabled, and we will notify the user to whom the notice or complaint pertained. In such a case the user also has 7 (seven) days to appeal our decision. The appeal should contain a comprehensive justification. We consider the appeal within 7 (seven) days. The right of appeal is also available to the user who reported the infringement.
13.6. If the allegations are justified or are not addressed, we will delete such material and, in the case of conduct that significantly infringes rights, we will delete the User Account from which such actions were performed.
14.1. If you are a consumer, you have the right to withdraw from the agreement without giving any reason by making a statement of withdrawal to us, in particular by email to: kontakt@h2home.pl. The withdrawal period is 14 days from the date of conclusion of the agreement. To meet the deadline referred to in the preceding sentence, it is sufficient to send us, before its expiry, the statement of withdrawal in the form referred to in the first sentence of this section.
14.2. The right of withdrawal does not apply in the case specified in Article 38(13) of the Consumer Rights Act, i.e., in the case of an agreement for the supply of digital content which is not supplied on a tangible medium, if performance has begun with the consumer’s express consent before the expiry of the withdrawal period and after the Service Provider has informed the consumer of the loss of the right of withdrawal.
14.3. If the mandatory laws of the state in which the consumer has their habitual residence grant you broader rights than those indicated above, those laws will apply.
14.4. If the provisions referred to above in sections 14.2 and 14.3 apply, the relevant notice on the lack of possibility to withdraw after the digital content is supplied will be available on H2Home and we will enable you to review it directly before placing an Order.
15.1. This section 15 relates to our relationship with the Designer as a data controller. In performing the Agreement we will process personal data of which you are the controller as a processor. This means that this section constitutes a data processing agreement within the meaning of Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
15.2. The User is the controller, within the meaning of the GDPR, of the personal data of Clients and of persons who use the Services on behalf of or for the User (User’s employees and collaborators). To enable the provision of the Services, it is necessary for you to entrust us with the processing of the above personal data.
15.3. In performing the Agreement we process personal data as a processor only on your instructions. Such instructions include, in particular, your acceptance of the Terms and entering personal data into H2Home.
15.4. We represent that we have appropriate measures, including proper safeguards, enabling the processing of personal data in accordance with the GDPR and we ensure that we take all measures required under Article 32 of the GDPR and meet the requirements set out in Article 28 of the GDPR.
15.5. You entrust us with the processing of personal data for the duration of the Agreement and solely for the purpose of its performance.
15.6. You entrust us with the processing of personal data of the following categories of data subjects: 15.6.1. Clients; 15.6.2. representatives of the User using H2Home; 15.6.3. ____others?
15.7. You entrust us with the processing of the following categories of personal data: (i) first name; (ii) last name; (iii) email address; (iv) employer/principal information; (v) any other data entered by you or by the data subject into H2Home via its functionalities.
15.8. We have no influence over the scope of personal data entered by you into H2Home. You bear full responsibility for whether you have a legal basis to process the personal data entered into H2Home. At the same time, you undertake not to enter into H2Home any personal data that constitute special categories of personal data within the meaning of Article 9(1) of the GDPR.
15.9. We process personal data only on your documented instructions – which also applies to the transfer of personal data to a third country or an international organization – unless such an obligation is imposed on us by Union law or the law of a Member State to which we are subject; in such a case, before starting the processing we will inform you of that legal obligation unless that law prohibits providing such information due to an important public interest.
15.10. We ensure that persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
15.11. We take all measures required under Article 32 of the GDPR and comply with the conditions for the use of another processor referred to in Article 28(2) and (4) of the GDPR.
15.12. Taking into account the nature of processing, we assist the controller by appropriate technical and organizational measures, insofar as possible, in fulfilling the obligation to respond to data subject requests in the exercise of their rights under Chapter III of the GDPR.
15.13. Taking into account the nature of processing and the information available to us, we assist the controller in complying with the obligations under Articles 32–36 of the GDPR.
15.14. We may entrust the processing of the personal data you have entrusted to us to other entities for the purpose of performing H2Home functionalities and Services and as part of internal processes of servicing Users, in particular: hosting provider for H2Home, H2Home provider, email operator, software company, email dispatch service provider, accounting, law firm, providers of cloud solutions and other solutions used by us in our ongoing activities which involve the processing of personal data (general consent of the controller).
15.15. We will inform you of any intended changes regarding the addition or replacement of other processors at least 7 (seven) business days prior to the scheduled start of processing by another processor, thereby enabling you to object to our use of another processor. In the absence of such an objection, you are deemed to have consented to the change.
15.16. Termination of the data processing agreement will result in the inability to perform the Agreement for you in the scope requiring the processing of data of which you are the controller. After completion of the provision of services related to processing, depending on your decision, we will delete or return to you all personal data and delete any existing copies, unless Union law or Member State law requires storage of personal data.
15.17. We will provide you with all information necessary to demonstrate compliance with the obligations set out in the data processing agreement and allow you or an auditor authorized by you to conduct audits, including inspections, and we will contribute to them, provided that you are obliged to notify us in advance of a planned audit at least 7 days in advance.
15.18. We will inform you without undue delay if, in our opinion, your instruction constitutes a breach of the GDPR or other Union or Member State data protection provisions.
15.19. We are not responsible for the lawfulness of the personal data you obtain or for the compliance of such activity with the GDPR. We may provide you with guidance or our own opinion in this regard; however, it is not binding either on us or on you and does not extend the scope of the Agreement, in particular.
15.20. We will respond comprehensively to each of your inquiries related to processing within 3 (three) business days from the date the inquiry is delivered.
15.21. We undertake to report to you any personal data breaches. In particular, we undertake to inform you without delay, but no later than within 36 (thirty-six) hours from the moment we become aware, of any events that may result in your liability as a controller under generally applicable data protection provisions.
15.22. If we wish to process the entrusted personal data in third countries (outside the European Economic Area), we will provide you with a copy of the documents that form the basis for the lawfulness of such activity (e.g., standard contractual clauses in the agreement with a sub-processor). At the same time, we inform you that at this time we do not plan to transfer the personal data you entrust us with to third countries.
16.1. You are entitled to submit a complaint concerning the operation of H2Home. The complaint should include at least the data enabling identification of you as the complainant and an indication of justified reservations and comments. The complaint should be sent by email to: kontakt@h2home.pl.
16.2. We consider complaints within 14 (fourteen) business days unless you have not described the subject and scope of the complaint in a way that enables it to be considered or you have not provided data enabling your identification.
16.3. In the case referred to above, the period for considering the complaint runs from the day you provide us with the missing information.
16.4. We send the reply to the complaint to the address, including email, provided by you. Our reply regarding the complaint is final.
17.1. We may amend these Terms, in particular for important legal reasons (amendment of generally applicable law or change in our organizational form) or technical reasons (modernization of H2Home or the Services, change in the functioning of H2Home or the Services), as well as in the case of change, in particular extension, of the Services provided.
17.2. Users will be informed about amendments to the Terms, indicating the scope of the changes, by email to the address to which the Account is registered, 15 (fifteen) days before the new Terms enter into force (the “Notification Period”).
17.3. The User has the right to object (at least in documentary form, under pain of nullity) to the amendment during the Notification Period. If you do not object during the Notification Period, you are deemed to have accepted the amended Terms without reservation and they will apply to you from the day the Agreement is renewed for the next term (in accordance with section ___ of the Terms).
17.4. At any time after receiving the notice you may, by written statement or by an explicit confirming action, waive the Notification Period.
17.5. If you object during the Notification Period, the unamended Terms apply to you until the end of the Agreement term. The Agreement, however, will not be automatically renewed.
17.6. We are entitled to make amendments to the Terms with immediate effect, without observing the Notification Period, where:
17.6.1. we are subject to a legal or regulatory obligation that requires us to amend the Terms in a way that does not allow us to comply with the Notification Period;
17.6.2. we must, by way of exception, amend the Terms to address an unforeseen and imminent danger related to protecting the security of the online intermediation services, consumers or Users from fraud, malware, spam, data breaches or other cybersecurity risks.
18.1. The law applicable to the obligations arising from the Terms and the Agreement shall be Polish law, unless EU law regarding the consumer provides otherwise.
18.2. As a User, you declare that for purposes related to the promotion and advertising of H2Home, we are entitled to use information about being the provider of H2Home and the Services for you as our User. We may use identifying data about you, including your logo, and place such information on our websites, social media and any promotional and advertising materials, regardless of their form, content and circulation.
18.3. The provisions of these Terms in the relationship between us and a User acting as a consumer do not prejudice applicable legal provisions that cannot be excluded and that grant consumers greater protection than that arising from the Terms.
18.4. All materials and content, in particular but not limited to: graphic elements, the composition of those elements, trademarks and others, available in H2Home are the subject of our exclusive rights, in particular are subject to protection under copyright and industrial property rights. The use of materials made available by us in any form other than indicated in the Agreement requires our prior consent in each case.
18.5. We process Users’ personal data in accordance with the Privacy Policy, which also constitutes fulfillment of the information obligation towards data subjects arising from the GDPR.
18.6. If any provision of these Terms or part thereof proves invalid, the provisions of the Agreement remain in force, and the Parties undertake, at the request of either Party, to replace those invalid provisions or parts thereof with provisions having legal force and an economic effect as close as possible to the provisions being replaced.
18.7. The provisions of these Terms in the relationship between us and a User acting as a consumer do not prejudice applicable legal provisions that cannot be excluded and that grant consumers greater protection than that arising from the Terms.
18.8. In the event of a dispute between us in connection with the Agreement, if you are a consumer you may refer the matter to a permanent consumer court to resolve the dispute. In such a case, you may also refer it to another arbitration court in order to submit to mediation or to conclude a settlement (you may use alternative dispute resolution, ADR). To this end, you should submit to us a request for mediation or a request to resolve the case before an arbitration court, depending on the consumer’s intention. The list and addresses of entities conducting such proceedings are available at the relevant authorities, including on their websites. If you are a consumer you may also use the out-of-court complaint and redress mechanism by submitting your complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/. If you resign from using ADR or ODR, any disputes arising from these Terms will be resolved by the common court with jurisdiction established in accordance with the legal act applicable to you (the consumer). Any disputes arising between us and you – if you are not a consumer – will be referred to the court having local jurisdiction over our registered office.