Terms and Conditions
1. Definitions
1.1. Litcoach Service - an online platform and mobile application available at litcoach.pl and in app stores (Google Play and App Store), enabling the booking of training sessions, managing availability by Trainers, and communication between Trainers and Clients.
1.2. Trainer - a natural person with an account on the Litcoach Service who provides coaching services, including conducting training sessions, managing their availability, and communicating with Clients via the Litcoach Service.
1.3. Client - a natural person with an account on the Litcoach Service who uses the services offered by Trainers through the Litcoach Service, particularly booking training sessions and communicating with Trainers.
1.4. User - any person using the Litcoach Service, including Trainers and Clients.
1.5. Service Provider - Mikołaj Nogieć conducting business under the name Mikołaj Nogieć Development, registered address: Bociana 4D/22, 31-231 Kraków, mailing address: Bociana 4D/22, 31-231 Kraków, Tax ID (NIP): 5130271906, REGON: 389044243, registered in the Central Register and Information on Economic Activity, email address: nogiecmikolaj@litcoach.pl.
1.6. Service Recipient - a natural or legal person using the services provided via the litcoach.pl website and Litcoach mobile application.
1.7. Electronic Service - a service provided electronically by the Service Provider to the Service Recipient via the Litcoach Service, including booking training sessions, managing availability, messaging, and subscribing to the Newsletter.
1.8. Account - an individual User profile created on the Litcoach Service, enabling the use of offered services.
1.9. Marketplace - a functionality of the Litcoach Service that allows Clients to browse Trainers' offers and book training sessions.
1.10. Booking - the process of a Client signing up for a training session offered by a Trainer through the Litcoach Service.
1.11. Terms of Service - these terms and conditions of the Website.
1.12. Newsletter - an Electronic Service allowing the Service Recipient to subscribe to and receive free information from the Service Provider to the email address provided by the Service Recipient.
2. General Provisions
2.1. The Litcoach Service operates under the terms specified in these Terms of Service. The Terms of Service define the types and scope of services provided electronically by the Litcoach Service, the rules for providing these services, the conditions for concluding and terminating electronic service agreements, and the complaint procedure.
2.2. Every User, upon engaging in activities aimed at using the Electronic Services of the Litcoach Service, is obligated to comply with these Terms of Service.
2.3. The Litcoach Service processes Users' personal data in accordance with applicable data protection laws. The User consents to the processing of their personal data for purposes related to using the Litcoach Service, such as registration, using the Marketplace, booking training sessions, or managing availability.
2.4. For matters not regulated in these Terms of Service, the following laws apply:
2.4.1. The Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
2.4.2. The Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827),
2.4.3. The Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant Polish legal provisions.
3. Types and Scope of Electronic Services
3.1. The Service Provider enables the use of the following Electronic Services through the Litcoach Service, which includes the website litcoach.pl and the Litcoach mobile application:
3.1.1. browsing and managing Trainer profiles,
3.1.2. booking training sessions,
3.1.3. providing ratings and reviews for Trainers,
3.1.4. viewing Trainer availability,
3.1.5. using the chat function to communicate with Trainers,
3.1.6. canceling booked training sessions,
3.1.7. using the Contact Form,
3.1.8. subscribing to the Newsletter,
3.1.9. creating and editing Accounts,
3.1.10. viewing statistics available in the application,
3.1.11. receiving push notifications about upcoming training sessions.
3.2. The provision of Electronic Services to Service Recipients is conducted under the conditions specified in these Terms of Service.
3.3. When submitting materials to the Litcoach Service (e.g., photos, descriptions), the User declares that:
3.3.1. they have the appropriate rights to these materials,
3.3.2. the materials do not infringe on the rights of third parties,
3.3.3. the materials may be published on the Litcoach Service and shared with other Users.
3.4. The Litcoach application is provided 'as is.' The Service Provider does not guarantee:
3.4.1. continuous operation,
3.4.2. full correctness of the application.
3.5. The use of the application is solely at the User's own risk.
4. Terms of Service and Conclusion of Electronic Service Agreements
4.1. Free of Charge Services - All Electronic Services specified in §3 are provided by the Service Provider free of charge. This applies to both features available on the website and in the Litcoach mobile application.
4.2. Duration of Electronic Service Agreements
4.2.1. Contact Form - The agreement is concluded for a fixed period and expires upon the sending of the message by the Service Recipient or cessation of sending it.
4.2.2. Newsletter - The agreement is concluded for an indefinite period. The Service Recipient may unsubscribe at any time, which terminates the agreement.
4.2.3. Training Bookings - The agreement is concluded for a fixed period until the completion or cancellation of the booking. A booking becomes active once confirmed by the Trainer and expires upon the conclusion of the training session or its cancellation by the Service Recipient.
4.2.4. User Account (profile) - The agreement is concluded for an indefinite period and remains valid as long as the Service Recipient has an active account. The account can be deleted at any time, which terminates the agreement.
4.3. Requirements for Using the Litcoach Service
4.3.1. a device (computer, tablet, or smartphone) with Internet access,
4.3.2. an active email account,
4.3.3. a web browser that supports Cookies and JavaScript,
4.3.4. the Litcoach application installed on a mobile device (for application features).
4.4. The Service Recipient Agrees to:
4.4.1. use the Service in compliance with the law, good practices, and social norms,
4.4.2. respect the personal rights and intellectual property of other users, Trainers, and third parties,
4.4.3. provide accurate data and update it as necessary,
4.4.4. refrain from providing unlawful, offensive, or rights-violating content,
4.4.5. refrain from providing content containing personal data that violates GDPR regulations, including genetic, biometric, health-related, sexual, political opinions, or union membership data,
4.4.6. use the Service according to its intended purpose,
4.4.7. create only one Account on the Service,
4.4.8. ensure the confidentiality of login data and not share account access with third parties.
4.5. The Service Recipient is fully responsible for the security of their Account and Profile, including all actions taken using them.
5. Rights and Responsibilities of the Service Provider
5.1. The Service Provider is not responsible for:
5.1.1. the authenticity, reliability, accuracy, and completeness of data and information posted in the System by Users or for the content exchanged between Users via the System,
5.1.2. damages resulting from improper performance or non-performance of agreements entered into via the System by Users,
5.1.3. violations of third-party rights by Users,
5.1.4. actions of third parties for which the Litcoach Service is not responsible,
5.1.5. damages related to services provided by Trainers via the System, especially in cases of improper performance, violation of laws, lack of required standards, or failure to meet expected qualities,
5.1.6. the inability of Users to enter into agreements via the System or their insolvency,
5.1.7. damages suffered by Clients due to the blocking or removal of their Account for violating the Terms of Service or applicable laws.
5.2. The Litcoach Service is not responsible for content posted by Users (e.g., Trainer descriptions, reviews), particularly when:
5.2.1. the Litcoach Service Provider has no knowledge of the unlawful nature of such content or related activities, and in the case of compensation claims, no information or evidence clearly indicates their illegality,
5.2.2. upon gaining knowledge of unlawful content, the Litcoach Service Provider promptly takes action to remove or block access to it.
5.3. The Service Provider reserves the right to temporarily or completely disable the System's functionality for modernization or repair. In the case of a complete shutdown, if possible, an appropriate notification will be published on the Litcoach website.
5.4. Scope of Responsibility for the Agreement Between Client and Trainer
5.4.1. Service Provider: ensures the functionality of the System, enabling communication between the Client and Trainer to facilitate the conclusion of a service agreement and booking; acts as an intermediary, simplifying the agreement process but does not participate in service delivery or financial settlements.
5.4.2. Trainer: is fully responsible for the delivery of the booked service, handling complaints, and ensuring the Client's consumer rights are upheld; is obligated to communicate with the Client to resolve any complaints.
5.5. Service Quality and Training Cancellations
5.5.1. The Service Provider is not responsible for the quality or execution of services provided by Trainers,
5.5.2. The Service Provider does not manage the conditions for canceling training sessions or other terms of agreements between the parties.
6. Trainer Services, Bookings, and Sorting
6.1. Training Bookings
6.1.1. Clients can submit a training booking request with a Trainer via the System.
6.1.2. An agreement between the Trainer and the Client is concluded upon confirmation of the booking by the Trainer (either automatically or manually).
6.1.3. Clients are notified of booking confirmation via the System or email/SMS. Until the Trainer confirms the booking, it remains unconfirmed, and no agreement is established.
6.2. Conditions for Providing Training Services
6.2.1. The terms of training services (e.g., rules, cancellation policies, late cancellation fees) are set exclusively by the Trainer and made available to Clients through the System.
6.2.2. The Service Provider is not responsible for the terms set by Trainers or their enforcement.
6.2.3. Trainers may require Clients to accept specific conditions, including late cancellation fees, before confirming a booking.
6.3. Payments and Settlements
6.3.1. All payment and settlement matters are arranged exclusively between the Trainer and the Client, without the involvement of the Litcoach Service.
6.3.2. The Litcoach Service does not mediate payments or collect fees from Clients on behalf of Trainers.
6.3.3. All settlements are conducted directly between the parties, and the Litcoach Service bears no responsibility for their proper execution.
6.4. Booking Cancellations
6.4.1. Clients may cancel bookings at any time as long as the service has not yet been delivered.
6.4.2. Cancellation policies, including potential late cancellation fees, are determined solely by the Trainer.
6.4.3. The Litcoach Service does not interfere with cancellation policies or mediate disputes arising from these policies.
6.5. Responsibility for Training Services
6.5.1. The Litcoach Service is not responsible for the execution of training sessions or the quality of services provided.
6.5.2. Disputes regarding service quality, timeliness, or settlements are resolved exclusively between the Client and the Trainer.
6.6. Trainer Sorting Rules
6.6.1. Trainers in the System marketplace are sorted based on algorithms considering the following criteria: region and distance from the Client's location; availability provided by the Trainer (priority is given to Trainers with greater availability); type of service offered; ratings and reviews from Clients; and other criteria determined by the Litcoach Service.
6.6.2. In the case of equal results, the display order may be random or determined by additional parameters.
6.7. Changes to Sorting Rules
6.7.1. The Litcoach Service reserves the right to change sorting rules and algorithms without prior notice to Users. Changes aim to improve the System's functionality.
6.7.2. Information about sorting criteria is available to Clients in the System to ensure transparency.
6.8. Promoting Trainer Profiles
6.8.1. The Litcoach Service may introduce an option to promote Trainer profiles, allowing for higher visibility in search results.
6.8.2. Details regarding promotion, costs, and terms of use will be governed by separate provisions.
7. Terms for Terminating Electronic Service Agreements
7.1. Termination by the Service Recipient
7.1.1. An agreement for providing continuous and indefinite Electronic Services (e.g., using the Litcoach application, booking training sessions) may be terminated by the Service Recipient with immediate effect and without stating reasons by sending an appropriate declaration to the email address: nogiecmikolaj@litcoach.pl.
7.1.2. The User may stop using the application at any time by deleting their account through a declaration sent to the email address: nogiecmikolaj@litcoach.pl.
7.1.3. Application administrators may also terminate access to the application if the User violates the Terms of Service.
7.2. Termination by the Service Provider
7.2.1. The Service Provider may terminate an agreement for providing continuous and indefinite Electronic Services if the Service Recipient violates the Terms of Service, particularly by providing unlawful content.
7.2.2. Termination of the agreement by the Service Provider may occur after an unsuccessful request for the Service Recipient to cease violations within a designated timeframe.
7.2.3. The agreement expires 7 days after the declaration of intent to terminate the agreement is made (notice period).
7.3. Effect of Termination
7.3.1. Termination of the agreement results in the cessation of the legal relationship going forward.
7.3.2. Termination of the agreement by the Service Provider may occur after an unsuccessful request for the Service Recipient to cease violations within a designated timeframe.
7.4. Termination by Mutual Agreement
7.4.1. The Service Provider and the Service Recipient may terminate the Electronic Service agreement at any time by mutual agreement.
8. Complaint Procedure
8.1. Submitting Complaints
8.1.1. Complaints related to the provision of Electronic Services via the Litcoach website or mobile application can be submitted by the Service Recipient via email to: nogiecmikolaj@litcoach.pl.
8.1.2. The complaint should include as many details as possible about the issue, including: a description of the problem, type, and date of occurrence; contact details (email address, phone number); and information about the type of device and version of the Litcoach application if the complaint is related to the mobile application.
8.2. Importance of Detailed Information
8.2.1. Providing accurate details as outlined above will help ensure a prompt resolution of the complaint and speed up the problem-solving process.
8.3. Complaint Resolution
8.3.1. The Service Provider will review the complaint promptly, no later than 14 business days from the date of receipt.
8.3.2. The response to the complaint will be sent to the email address provided in the complaint or another method, as per the Service Recipient's preferences.
8.4. Complaints About the Litcoach Mobile Application
8.4.1. For complaints related to the Litcoach mobile application, the Service Provider recommends including screenshots to help identify the issue more quickly.
9. Intellectual Property
9.1. Protection of Litcoach Content - All content available on the website at litcoach.pl and in the Litcoach mobile application, including text, graphics, photos, logos, multimedia materials, source code, application structure, and other elements, is protected by copyright and owned by Litcoach.pl or third parties with whom the Service Provider has appropriate licensing agreements.
9.2. Materials Provided by Trainers and Clients - Photos, text, multimedia materials, and other content provided by Trainers and Clients while using the Litcoach application, including profiles, announcements, comments, or reviews, remain their exclusive property. The Litcoach Service Provider does not claim ownership of this content but gains the right to use it within the application's operations, as outlined in the Terms of Service.
9.3. Responsibility for Unauthorized Use of Content - The Service Recipient is fully responsible for damages caused to the Service Provider due to unauthorized use of any content from the litcoach.pl website or Litcoach mobile application without the Service Provider's consent.
9.4. Prohibition of Unauthorized Use - Any use by third parties of the content and materials from the litcoach.pl website or Litcoach mobile application, including copying, distributing, modifying, publishing, or using this content in other materials without the explicit written consent of the Service Provider, constitutes a copyright violation. Such actions may result in civil and criminal liability under applicable laws.
9.5. Scope of Content Usage - The Service Recipient agrees to use the content available on the website and Litcoach application only as permitted by the Terms of Service and the law, respecting the Service Provider's intellectual property rights.
9.6. Responsibility for User Data - The Litcoach Service Provider is not responsible for data posted by users or how other users use this data.
10. Final Provisions
10.1. Right to Amend the Terms of Service - The Litcoach Service Provider reserves the right to amend the Terms of Service at any time. These changes will take effect 2 days after being announced on the litcoach.pl website or in the Litcoach mobile application.
10.2. Governing Law - Agreements concluded via the litcoach.pl website and Litcoach mobile application are governed by Polish law.
10.3. Non-Conformity with the Law - In case any part of the Terms of Service conflicts with applicable laws, the relevant Polish legal provisions will apply instead of the disputed clause, and the remaining parts of the Terms of Service will remain in effect.
10.4. Entire Agreement - The litcoach.pl website and Litcoach mobile application are available under the conditions specified in the Terms of Service, which constitute the entire agreement between the Service Provider and the Service Recipient.