Selmo User Terms and Conditions

1.1. Technical requirements

To use Selmo, the User needs a device that meets the following requirements:

1. an active Internet connection enabling two-way communication via the HTTPS protocol,
2. a correctly installed and configured, up-to-date web browser supporting HTML5 and cascading style sheets (CSS3), e.g. Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Internet Explorer. Web browsers should operate at a screen resolution of at least 1024x768 pixels,
3. with JavaScript and cookies enabled (usually enabled by default in the browser),
4. for mobile devices: original Android system version 7.0 or higher or original iOS system version 13.0 or higher. With respect to the Selmo App, the minimum mobile device requirements are also specified on the application’s listing in the relevant app store, i.e., Google Play Store or App Store.

The recommended Internet connection bandwidth is at least 3.0 Mbit/s, and 10.0 Mbit/s for live streaming.

Compliance with the above requirements does not guarantee that the Seller will be able to use Selmo without possible interruptions or disruptions. The use of our Services may be affected by various factors beyond our control, including the quality and bandwidth of User’s internet connection, User’s location, or the devices they use.

The User shall bear all costs related to Internet access. Use of Selmo may involve data consumption, subject to the terms and conditions of the agreement between the User and the User’s internet service provider.

1.2. Updates to the Selmo App

The User shall promptly install all required updates to the Selmo App as well as updates to the operating system of the User’s device, in order to be able to use the Selmo App. We do not guarantee that every version of the Selmo App will operate on the User’s device. Failure to install the latest available version of the Selmo App may result in the inability to use or significant limitations in its use.

Updates to applications downloaded by Users from third-party digital distribution platforms (e.g., Google Play, App Store) are provided on those platforms, and where the installation of such updates is necessary for the proper functioning of the Selmo App, such information shall be displayed together with the application.

1.3. Interruptions in access to Selmo

We make every effort to ensure uninterrupted operation of Selmo and provision of the Services. In order to ensure high quality of the Services and efficient operation of Selmo, we reserve the right to periodically interrupt the Services for technical reasons necessary to update, upgrade, maintain and develop Selmo.

We will inform you of technical interruptions by posting a message on Selmo or by sending a notification to the User's email address. We will endeavour to ensure that technical interruptions take place between 10 p.m. and 6 a.m.

In special cases affecting the security or stability of Selmo, we reserve the right to temporarily suspend or restrict the provision of the Services without prior notice to the User.

1.4. Security of Selmo

We take technical and organisational measures appropriate to the level of security risk of the Services provided.

Regardless of this, Users are advised to take steps to increase security, in particular:

1. using Selmo only on devices protected by antivirus software and a firewall,
2. avoiding the use of public, unsecured WiFi networks.

2.1. User Account

A User account (hereinafter referred to as the “Account”) enables the User to utilize all functionalities of the Selmo App.

By creating an Account, the User enters into an agreement with us on the terms set out in these Terms (hereinafter referred to as the “Agreement”), which shall remain in force for an indefinite term (until the Account is deleted).

To create an Account, the User must meet the following conditions:

1. be at least 18 years of age and possess the legal capacity required to enter into binding agreements,
2. provide one of the following forms of identification and login credentials for the Selmo App:
   • a valid telephone number to which an authentication code will be sent each time;
   • an email address and password;
   • an email address associated with a Facebook account – in this case, the User will grant us specific rights, about which they will be informed during the creation of the Account (option to log in using Facebook),
3. be a natural person (i.e., the User is not a company or other business entity),
4. accept and agree to comply with these Terms.

The User may use the Selmo App after completing the registration process.

We reserve the right to monitor the use of the Account to verify compliance with these Terms. If we determine that the User has breached these Terms, we may restrict or revoke access to the Account in accordance with the provisions set forth herein.

The User may, during the use of the Account, change or supplement the data provided during registration, including the email address, password, or username. The User may also provide voluntary consent to receive marketing content via selected communication channels, which may be withdrawn at any time.

The User acknowledges and agrees that any information provided to us in connection with the creation of the Account or during the subsequent use of the Selmo App is true, accurate, and complete, and undertakes to update such information to ensure its continued accuracy. We shall not be liable in the event that the User provides false, inaccurate, or incomplete information, or fails to make the necessary updates thereto.

2.2. Deletion of the Account by the User

The User may delete the Account at any time, which shall result in the immediate loss of access to the Account, the functionalities available within the Account, and any data associated with the Account.

To close the Account, the User must click on the dedicated button available in the Selmo App.

Following deletion of the Account, we shall retain data solely to the extent and for the period necessary to fulfil our legal obligations.

Deletion of the Account is tantamount to termination of the Agreement.

2.3. Deletion of the Account by the Provider

We reserve the right to delete the Account only in the event of the following valid reasons:

1. breach by the User of obligations arising from these Terms,
2. the User’s failure to use the Account for a consecutive period of six (6) months,
3. the planned discontinuation of the provision of the Selmo App,
4. legal changes affecting the functioning of Selmo, which prevent or significantly impede the functioning of Selmo and the provision of Services on the existing terms,
5. loss of necessary rights or licenses to provide the Service,
6. compliance with obligations arising from a final and binding court judgment or a final and binding administrative decision.

Unless otherwise provided for in these Terms, the notice period shall be no less than thirty (30) days, calculated from the date on which we inform the User of the reason for the deletion of the Account.

2.4. Unauthorized access

The User is responsible for all actions taken using the Account. The User is obliged to maintain the confidentiality of the authentication code, password, or any other information enabling access to the Account.

The Account created in the Selmo App is a personal account and may not be shared with third parties. Any person who is not a member of the User’s household and who uses the Account shall be deemed an unauthorized user.

If the User suspects that an unauthorized user has gained access to or is using the Account, the User shall promptly notify us, change the password, and log out from all registered devices. Should we have reason to believe that the Account is being misused, we may immediately suspend access to the Account or otherwise prevent further unauthorized actions.

3.1. Sales Agreement. Seller’s Liability

We are not a party to the Sales Agreement. We merely provide technological solutions enabling the User to view the Seller’s offer, place an order, and conclude a Sales Agreement with the Seller.

We shall not be liable for non-performance or improper performance of the Sales Agreement by the Seller, including, without limitation, failure to deliver the Product, delivery of the Product not in conformity with the Sales Agreement, or for any statements, promises, or warranties made by the Seller.

All claims arising from the concluded Sales Agreement shall be directed to the Seller via the communication channels specified in the Seller’s terms and conditions, which are made available to the User prior to the conclusion of the Sales Agreement.

If, in the User’s opinion, the Seller is acting unlawfully (for example, offering products contrary to applicable laws or concluding Sales Agreements in breach of consumer protection laws), the User may report such Seller by contacting us in the manner specified in clause 11.6. of these Terms.

3.2. Data provided by the User

The User shall bear sole responsibility for the information provided when placing an order, including shipping details, as well as decisions regarding the payment method and delivery method. Once the Sales Agreement is concluded, the User shall not be able to change the data provided via Selmo. For this purpose, the User must contact the Seller through the communication channels specified in the Seller’s terms and conditions, which are made available prior to the conclusion of the Sales Agreement.

3.3. Payments under the Sales Agreement

The User shall make payments using the payment methods indicated by the Seller. Depending on the selected payment method, the User may be redirected to the websites or services of an external payment service provider in order to complete the payment. The terms and conditions governing the provision of payment services by such payment service providers are set out in separate regulations.

In the case of certain payment methods, the Seller may be required to provide the payment service provider with data necessary to process the payment (e.g., payment card details).

5.1. Seller Content

Within Selmo, the Seller has the ability to create, broadcast, or upload various types of content, including product descriptions, Seller’s terms and conditions, photos, or videos (hereinafter referred to as the “Seller Content”).

The User may view Seller Content in the Selmo App or in the Shopping Cart. We do not automatically verify Seller Content transmitted by Sellers using the functionalities of Selmo.

If, in the User’s opinion, Seller Content is unlawful or inconsistent with the rules described in the Selmo Terms and Conditions for Sellers, the User may report such Seller Content by contacting us in the manner specified in clause 11.6 of these Terms.

5.2. User Content

Within the Selmo App, the User has the ability to post comments on sales videos, provide reviews of Sellers, or upload a profile photo to their Account, which are then made available to other Users of the Selmo App (hereinafter referred to as the “User Content”).

The Seller undertakes that the User Content shall not constitute illegal content, violate applicable law, in particular, the User Content shall not:

1. violate the personal rights or intellectual property rights of third parties,
2. contain or disseminate child pornography,
3. contain terrorist content,
4. contain vulgar content,
5. contain discriminatory or racist content,
6. constitute a review of Products or Sellers made in exchange for any benefit offered or received from the Seller or another entity (e.g., discount, free item, rebate on a future purchase). Information about the Product not matching what's shown in a sales video isn't a review (evaluation) of the Product or Seller.

5.3. User reviews

The User has the ability to submit and view reviews regarding Sellers, in accordance with the rules set forth below.

We hereby inform the User that measures are taken to verify whether the reviews originate from Users who have actually made transactions with the Seller. To this end, functionalities are provided that allow a review of a given Seller to be submitted only by those Users who have concluded at least one Sales Agreement with that Seller.

A review consists of a graphical element (in the form of a star rating, from one (1) to five (5) stars) and a written review, and constitutes solely the User’s subjective opinion. Under no circumstances do we publish or commission the publication of false reviews, nor do we distort or commission the distortion of third-party reviews in order to promote Sellers. The user may edit or delete their reviews at any time using the Selmo App functionality.

Users are granted access to all reviews of Sellers (both positive and negative), except for reviews removed in accordance with these Terms or by the User who authored the review.

Subject to other provisions of these Terms, we reserve the right to remove a review if it:

1. contains typographical, spelling, or grammatical errors that materially interfere with the ability to read and interpret the review,
2. was mistakenly submitted for the wrong Seller,
3. was submitted with the intent to artificially inflate or deflate the Seller’s rating.

The average rating is calculated as the arithmetic mean of all reviews for a given Seller, excluding reviews removed in accordance with these Terms or by the User who authored the review.

All reviews are displayed in chronological order of publication, from the most recent to the oldest.

7.1. Right of Withdrawal from the Agreement

The User shall have the right to withdraw from the Agreement, subject to the provisions set forth below.

To exercise the right of withdrawal from a distance contract, the User must, within fourteen (14) days from the date of conclusion of the Agreement, inform us of their decision by means of an unequivocal declaration of intent submitted:

• by email to: hello@selmo.io,
• by telephone at: +48 12 345 77 55 on business days between 09:00 and 17:00, or
• in writing to: Selmo sp. z o.o., ul. Lubicz 27/40, 31-503 Kraków, Poland.

We recommend submitting the withdrawal declaration by email to hello@selmo.io.

The User may, but is not required to, use the model withdrawal form provided as Annex No. 1 to these Terms. In the event of withdrawal, the Agreement concluded with us shall be deemed not to have been concluded.

7.2. Obligation to ensure the conformity of digital content or services with the Agreement

We shall be liable for any lack of conformity of the digital content or digital service supplied on a continuous basis that arises or becomes apparent during the period in which, in accordance with the Agreement, it was to be supplied.

The User shall cooperate with us, to a reasonable extent and by using the least burdensome technical means available to them, in order to determine whether the lack of conformity of the digital content or the digital service with the Agreement is due to the characteristics of the User’s digital environment.

If the digital content or digital service is not in conformity with the Agreement, the User may request that it be brought into conformity with the Agreement. We may refuse to bring the digital content or digital service into conformity with the Agreement if doing so is impossible or would involve disproportionate costs.

If the digital content or digital service is not in conformity with the Agreement, the User may submit a declaration of withdrawal from the Agreement if:

1. bringing the digital content or digital service into conformity with the Agreement is impossible or would involve disproportionate costs,
2. we have failed to bring the digital content or digital service into conformity with the Agreement in accordance with applicable law,
3. the lack of conformity persists despite our attempt to bring the digital content or the digital service into conformity with the Agreement,
4. the lack of conformity is of such a serious nature as to justify withdrawal from the Agreement without first using the remedy referred to above,
5. it is clear from our statement or from the circumstances that we will not bring the digital content or digital service into conformity with the Agreement within a reasonable time or without excessive inconvenience to the User.

In the event of withdrawal from the Agreement, the User shall cease using the digital content or digital service and shall refrain from making it available to third parties.

The above rights shall be exercised subject to and in accordance with the provisions of the law applicable to the User.

9.1. Licence to Selmo

The condition for using Selmo is that we grant you a license on the rules set out below (hereinafter referred to as the “Licence”). We declare that we hold full copyright to Selmo and are authorized to grant the User a License under these Terms.

The User declares that they will use the Selmo software exclusively in accordance with its purpose and intended use, in accordance with these T&Cs.

Under the Agreement, we grant the Seller a non-exclusive, territorially unlimited licence to use Selmo, which includes the right to permanently or temporarily reproduce the software using digital technology (downloading, permanent or temporary storage on the end device) for the purpose of using Selmo, which we understand to mean launching, accessing, displaying, using, storing, entering your own data, exporting or importing data from Selmo.

The Licence to Selmo is granted by us free of charge and shall remain in force until the permanent removal of Selmo from the end device or the deletion of the Account (whichever occurs later).

The User is obliged not to, in particular:

1. translate, correct, re-engineer, adapt, change the layout, decompile, modify or make any other changes to Selmo or any part thereof, except as enabled by us,
2. perform other activities aimed at creating, based on Selmo, computer programs with a purpose or function similar to Selmo,
3. rent, lease, sell, sublicense or otherwise transfer rights to Selmo, or make Selmo available to third parties.

For the avoidance of doubt, the source code of Selmo is not subject to the Licence. The User is not authorised to modify, copy or distribute it in whole or in part.

9.2. Selmo Content

Within Selmo, the User gains access to our content, including graphic elements, the layout and composition of such elements, and trademarks (hereinafter referred to as the “Selmo Content”).

Selmo Content may be subject to copyright, industrial property rights, including trademark registration rights and database rights, and as such is protected by law. Downloading or using Selmo Content available within Selmo in any way requires our prior consent and may not violate generally applicable laws.

Selmo Content may not be used for text and data mining (TDM) without prior written consent. Any activities involving the automatic processing of data for the purpose of analysing text and data, including, but not limited to, data extraction, content analysis or other forms of processing, are prohibited without express permission.

9.3. User Content. User Licence

By creating or submitting User Content, the User consents to the use of the User Content and grants us a non-exclusive, royalty-free, perpetual, and worldwide licence to:

1. use, copy, record, reproduce the Content on any medium (including digital data carriers), using any technology (including digital technology),
2. distribute the Content, in particular display, broadcast (including online) and make it publicly available in such a way that anyone can access it at a place and time of their choosing,

for purposes related to the provision, operation, improvement and promotion of Selmo or our Services.

The User also grants us, on the above terms, the right to modify the User Content and to dispose of and use adaptations of the User Content in any form, to the extent that this is justified by the provision, maintenance, improvement and promotion of Selmo or our Services.

The licence granted shall remain in force until the Content is deleted or the Account is deleted in the manner described in these Terms. Upon deletion, the licences shall expire, except where we are required to store or process the User Content due to applicable law.

9.4. User Representations and Warranties

By accepting these Terms and agreeing to the use of the User Content, the User represents and warrants that:

1. they hold the intellectual property rights to the User Content,
2. no moral rights will be exercised in relation to the Content,
3. they have the necessary consents for the free use of images (if the User Content depicts third parties),
4. the User Content does not infringe any rights or property of third parties, applicable law, principles of social coexistence or good manners.

Acceptance of these Terms and consent to the use of the User Content is also tantamount to consent to the free use of the image of persons depicted in the Content.

10.1. Rules governing changes to these Terms

We reserve the right to unilaterally change these Terms for important reasons in the following cases:

1. when the change is necessary due to a change in applicable law,
2. a court ruling, administrative decision or any other measure by a competent authority imposing obligations on us,
3. changes in the functioning of Selmo, in particular technical or functional changes,
4. adaptation of Selmo to a new technical environment or to an increase in the number of users,
5. the need to increase the level of security (including personal data and privacy protection),
6. the need to prevent abuse,
7. the need for us to make editorial or registration changes.

The User will be informed of the changes no later than 14 days before the planned changes come into effect, by means of a notification sent to the last e-mail address provided by the User, and if no e-mail address has been provided, via a message sent to the telephone number associated with the Account or via messages displayed in the Selmo App (this does not apply to material changes referred to below).

We may amend these Terms without observing the 14-day period referred to above, including with immediate effect, if:

1. we are subject to a legal or regulatory obligation that requires us to change these Terms, or
2. we must, as an exception, change these Terms to counter an unforeseen and immediate threat to the protection of Selmo, the Services, users against fraud, malware, spam, data breaches or other cybersecurity threats.

If the User does not accept the change, they may delete their Account (which will be tantamount to terminating the Agreement).

The User may also, within 14 days from the date of being informed of the change, reject the change by:

• submitting a written statement to our address indicated in clause 11.6 below, or
• submitting a statement by email to hello@selmo.io.

If the User does not exercise the right to terminate the Agreement in the manner described above, the User shall be deemed bound by the provisions of the amended Terms.

10.2. Material Changes

If the change made materially and adversely affects the User's access to or use of the digital content or digital service, and the User does not accept the change, they may delete their Account (which will be tantamount to terminating the Agreement) within 30 days of the date of the change or notification of the change (whichever occurs later).

The User may also refuse to accept the changes within the time limit specified above by:

• submitting a written statement to our address indicated in clause 11.6 below; or
• submitting a statement by email to hello@selmo.io.

The above right shall not apply provided that the User is granted the right to retain access to the Selmo App in its unmodified state at no additional cost.

11.1. Data information

Information regarding the processing of Users’ personal data and the use of cookies is contained in the Privacy and Cookie Policy at Selmo, available here.

11.2. Notifications

Unless otherwise specified in the Terms, all notifications will be sent to the last email address provided by the User, and if no email address has been provided, via messages available in Selmo App or via a message sent to the phone number assigned to the User’s Account.

11.3. Governing Law & Dispute Resolution

These Terms and User’s relationship with us under these Terms shall be governed by Polish law, unless the mandatory provisions of the law applicable in the User's country of residence are more favorable to the User.

By “country of residence”, we mean the country where the User has his habitual residence.

All disputes shall be resolved by the court having territorial jurisdiction over the User.

Users shall have the right to use out-of-court methods for handling complaints. Detailed information on available remedies and applicable procedures is available on the websites of the relevant consumer protection authorities in the user's country of residence.

11.4. Severability clause

If any provision of these Terms is found to be unlawful, invalid, or unenforceable for any reason, such provision shall not affect the validity or enforceability of the remaining provisions.

11.5. Assignment

The User grants us prior consent to transfer any rights or obligations arising from the Agreement to a third party, provided that such transfer is connected with a change in the entity operating Selmo and does not affect the User’s rights under the Agreement.

The User shall not be entitled to transfer their rights or obligations arising from the Agreement to any third party.

11.6. Contact details

If you have any questions, reports, suggestions, or complaints regarding Selmo, you may contact us in the following manner:

• by email to: hello@selmo.io,
• by telephone at: +48 12 345 77 55,
• in writing to: Selmo sp. z o.o., ul. Lubicz 27/40, 31-503 Kraków, Poland.

In a complaint, the User should specify its subject matter, in particular by describing what the complaint concerns, indicating the circumstances justifying the complaint, and providing contact details enabling communication with the User (e.g., login, contact address, contact phone number, or email address) as well as data enabling identification of the User (User’s email address or telephone number).

We may request additional information from the Seller necessary for the proper consideration of the complaint.

Complaints will be considered by us immediately, no later than within 14 days of receipt of the complaint.