Terms of use

  1. §1 GENERAL PROVISIONS
    1. The present Terms of Use define the rules for use of the Brainer website, operated in the brainer.app domain by WHO ELSE POLAND Spółka z o.o., with its registered office in Warsaw at ul. Duchnicka 3, bud. 16, 01-769 Warsaw, Poland, entered into the register of businesses kept in the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division, under KRS no. 0000312294, hereinafter referred to as Administrator.
    2. Brainer is a website intended for collecting interesting information and resources found by its users on the Internet (hereinafter referred to as Collections) and for sharing such collections with other users.
    3. Access to the Brainer website is possible only using a device with Internet access and with a web browser installed.
  2. §2 FIRST STEPS ON THE BRAINER WEBSITE
    1. Users may use the basic functionalities of the Brainer website, such as viewing the Collections published on the website.
    2. The use of the Brainer website does not require registration and is free of charge.
    3. By using the Brainer website, users acknowledge that:
      1. they have read and accepted the Terms of Use;
      2. they will comply with the provisions of the Terms of Use;
      3. they express their consent to the posting of advertising content on the Brainer website.
    4. At the time of acceptance of the Terms of Use, the user and the Administrator conclude a contract for the provision of electronic services in accordance with the terms specified in the Terms of Use consisting in enabling the user to use the Brainer website in the way described in the Terms of Use.
    5. The administrator reserves the right to terminate the contract with the user by delete its account without any notice and with immediate effect in the event of the following user’s actions:
      1. illegal behavior, including publication of content that violates the applicable laws, offending other users, and advertizing other websites;
      2. distribution on the website of contents to which the user has no copyrights or is not otherwise authorized to publish them;
      3. posting of materials containing illegal content;
      4. distribution on the website of contents that grossly violate commonly accepted moral and social norms, or contents that is grossly drastic;
      5. hindering the use of the website by other users, including by interfering with individual elements of the website in ways that are unsuitable for such elements;
      6. actions aimed to read the access keys of other users, including attempts to guess them.
  3. §3 USE OF THE BRAINER WEBSITE
    1. The Brainer website enables the user to create Collections that contain information that includes, among others, text, graphic elements, video materials, and links to materials available on the Internet. The Collections may then be made accessible to other users.
    2. The user bears full responsibility for his or her actions on the Brainer website, in particular for the contents that he or she publishes.
    3. Users of the Brainer website are prohibited to post Collections that:
      1. contain contents that violate the copyrights of third parties;
      2. contain offensive or vulgar contents;
      3. incites ethnic, racial, religious, or any other violence;
      4. violate rules of good behavior and etiquette;
      5. contain pornographic content;
      6. contain content that violates personal rights.
      Users of the Brainer website are prohibited from posting links to websites with content mentioned in the foregoing item of the Terms of Use.
    4. The user shall use the Brainer website in conformance to its purpose and in compliance with the applicable Polish laws, social and moral norms, and the provisions of these Terms of Use. In particular, the user shall be prohibited from taking actions that:
      1. violate the personal and other rights of other users or third parties;
      2. hinder the use of the Brainer website by other persons;
      3. consist in posting scripts and executable programs and posting files that may disturb the functioning of the links or the server, or the actions of other users;
      4. consist in loading the server by generating excessive traffic in the user’s account or other actions that go beyond normal use of the account.
  4. §4 ADMINISTRATOR OF THE BRAINER WEBSITE
    1. The Administrator shall make every effort to ensure proper and continuous operation of the Brainer website; however, the Administrator reserves the right to temporarily stop the operation, to the necessary extent, in cases justified by technical reasons or reasons outside of the Administrator’s control.
    2. The Administrator shall not be liable for actions of users or for the contents of their Collections and other data posted by users on the Brainer website.
    3. The Administrator shall not be liable for the stored data, unless the Administrator is aware of the illegal nature of such data or the activities related to such data and if the Administrator receives an official notification or obtains credible information about illicit nature of the data or the related activities, the Administrator shall immediately prevent access to such data. If the Administrator prevents access to data due to credible information about its illegal nature, the Administrator shall inform the user of this fact.
    4. The Administrator shall not be liable for:
      1. actions of users on the Brainer website or any consequences of such actions;
      2. loss of data posted on the Brainer website, use of such data, or lack of possibility to use of such data;
      3. consequences of possession by third parties of a user’s access key, regardless of the cause of such possession; and
      4. damage caused by Force Majeure.
    5. The Administrator shall not initiate data transfer or select the recipients of such data.
    6. In justified cases, the Administrator may delete a Collection that violates the provisions of the Terms of Use. The Administrator shall not search through or verify information posted on the Brainer website by users.
    7. In justified cases and to a justified extent, the Administrator may prevent users from lodging into and using the functionalities of the Brainer website.
    8. The Administrator reserves the right to delete users’ Collections that contain contents that violate the provisions of these Terms of Use. In justified cases, the Administrator may temporarily or for an unlimited period of time block a user’s access to the Brainer website.
    9. The Administrator reserves the right to:
      1. periodically shut down the Brainer website without prior notice;
      2. completely stop provision of the services, having informed the relevant user via the Brainer website.
  5. §5 COMPLAINTS
    1. Users may file complaints pertaining to the Brainer website in writing to the Administrator’s postal address or by email sent to the following address: support@brainer.app.
    2. Complaints must contain the following information: the email address of the user, the user’s access key, and the description of the event that is the reason for the complaint. If the data or information provided in the complaint is incomplete, the Administrator shall ask the user to supplement it in the specified scope prior to considering the complaint.
    3. Complaints shall be considered within 30 days of the date on which the Administrator received a correctly submitted complaint (containing the mandatory elements and not requiring supplementary information).
    4. The user shall be informed about the outcome of the complaint in an email message sent to the user’s email address.
  6. §6 PRIVACY POLICY
    1. The administrator of personal data within the meaning of the Act of 29 August 1997 . On the protection of personal data (Journal of Laws of 2002, No. 101, item . 926, as amended) For user data is the company WHO ELSE POLAND Sp. o.o. with its seat in Warsaw. It processes the personal data in accordance with the provisions of the above Act and the Act of 18 July 2002 . On the provision of electronic services (Journal of Laws of 2002, No. 144 , item. 1204, as amended), in order to provide services Brainer within the service and for marketing purposes. Providing personal data by the user is voluntary.
    2. Brainer can use cookies to identify the Internet browser you use while visiting our Website. Cookies help us select a website version which is to be displayed and are used for statistical purposes. Cookies do not include any personal data.
    3. Cookies:
      1. may be used by the Administrator or its Marketing Partners to identify Users;
      2. may be used to track all your activities, including - in particular - to collect information specified above, and to gather the following data:
        1. information, so you do not have to enter it again during your next visits to Brainer,
        2. information about the sites which you visit within Brainer,
        3. information about conversations which you participate in within Brainer, etc.,
        4. information about your interactions with particular parts or elements of Brainer,
        5. information about all elements which you click on within Brainer,
        6. information about the external sites from which you visit Brainer,
        7. information about the external sites which you are redirected to,
        8. information about the IP address from which you visit Brainer or log in, etc.,
        9. information that helps to monitor the effectiveness of marketing campaigns,
        10. information that helps to monitor aggregate metrics, e.g. the total number of visitors and pages viewed.
      3. may be used to adjust the contents to your preferences and habits (behavior analysis); in particular this concerns advertisements, including the so-called behavior marketing, and Brainer’s promotion;
      4. you have the right to object; to exercise this right you should change the settings of your terminal equipment (in particular your Internet browser: by disabling or limiting the use of cookies), or contact the Administrator; you can also make an appropriate declaration;
      5. the objection described above does not concern cookies of technical nature (those used mainly for marketing purposes, not strictly for tracking), which are indispensable for proper functioning of the websites and services.
    4. You can disable cookies in the settings of your browser. The procedure for particular browsers or terminal equipment or systems can be found in the Help section of every browser. Disabling cookies in your browser or terminal equipment can limit Brainer’s functionality and cause many disadvantages for the user.
  7. §7 TERMINATION OF COOPERATION
    1. Users may terminate the contract for provision of electronic services in accordance with the terms specified in the Terms of Use at any time.
    2. A termination notice may be sent by users in writing to the Administrator’s postal address or in an email message sent to the following email address: support@brainer.app.
    3. The Administrator may terminate the contract for provision of electronic services with immediate effect if the user violates the provisions of the Terms of Use.
    4. In situations other than those indicated in the foregoing item of the Terms of Use, the Administrator shall have the right to terminate the contract with a 14-day notice.
  8. §8 FINAL PROVISIONS
    1. The Terms of Use are posted on the Brainer website in a way that enables users to download them, display them, and record their contents by printing or saving on a carrier at any time.
    2. The Administrator reserves the right to shut down the website or its part, to temporarily limit access to it, to make any changes or modifications to it, and to transfer a part of the website or the entire website to another website.
    3. The Administrator may change the Terms of Use in connection with a change to the services provided or in the event of changes to the applicable laws. Should the Terms of Use be changed, the Administrator shall inform the users of such changes by way of a message posted on the website. Any changes to the Terms of Use shall take effect on the date specified by the Administrator, but not sooner than 14 days after the day on which the relevant message is posted. Should the user not accept the new Terms of Use, the user shall have the right to terminate the contract for provision of electronic services.
    4. In all matters that are not governed by this Terms of Use, the provisions of commonly binding Polish law, especially the provisions of the Civil Code, the Act on protection of personal data, and the Act on provision of electronic services, shall apply.
    5. The proper law for the entire contract for provision of electronic services in accordance with the terms set forth in the Terms of Use is the Polish law.
    6. These Terms of Use are designated as version 1.1. and shall be effective starting on 03/20/2016