REGULATIONS OF THE SPOTMEUP PLATFORM

DEFINITIONS

DSA– Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ EU L 2022, No. 277, p. 1, as amended).

​SpotMeUp Platform (Platform)– an online service and mobile applications operating under the name SpotMeUp, provided by the Operator to facilitate contact and the conclusion of contracts between Clients and Partners (service providers) in the fields of beauty, wellness, and related services.

​Operator (SpotMeUp)– SpotMeUp sp. z o.o. based in Warsaw, ul. Stefana Okrzei 1A lok. X, 03-715 Warsaw, registered in the KRS under number 0001190579, NIP: 1133177347, REGON: 542534058. The Operator provides the service of making the Platform available electronically in accordance with these Terms.

Client– a natural person using the Platform to search for services offered by Partners and to make Reservations. A Client can be a consumer or another person using the services of Partners (in the case of minors – with the consent of a legal guardian).

​Partner– an entrepreneur (e.g., beauty salon, hairdresser, cosmetologist, spa, trainer, etc.) using the Platform to present their service offerings and to enter into contracts with Clients. A Partner can be a natural person conducting business activity, a legal entity, or another organizational unit providing services in the industries served by the Platform.

​Partner Services– services in the field of beauty, health, wellness, etc. offered by the Partner and performed for the Client, such as cosmetic treatments, hairdressing, massages, personal training, and other similar services, as appropriately described in the Partner's offer.

Reservation– an agreement for the provision of services between the Client and the Partner, made through the Platform. Making a Reservation means that the Client has booked an appointment with the selected Partner for a specific Partner Service, in accordance with the terms specified by the Partner (e.g., price, duration, location of service delivery).

​Account– a user profile created on the Platform. The Client's Account allows, among other things, making Reservations, reviewing visit history, and adding reviews. The Partner's Account (part of SpotMeUp Biz) allows managing the Partner Profile, appointment calendar, staff, and using tools for handling Reservations and payments.

​Partner Profile– a publicly available business card of the Partner on the Platform, containing, among other things, the name and address details of the company, a description of the services offered, pricing, any internal regulations of the Partner, cancellation policy, requirements for deposits/prepayments, photos, and Client reviews.

​Online Payment– payment made by the Client for the Partner's Service through the integrated electronic payment system on the Platform. Online Payment is processed by an external payment service provider (e.g., an online payment operator) in cooperation with the Platform.

Gift Card (Card)– an electronic gift card SpotMeUp (e-card) purchased through the Platform, possessing a Card Code and an assigned nominal value (Balance), allowing for payment (in whole or in part) for Partner Services and/or products offered by the Partner, provided that the given Partner offers the possibility of redeeming the Card on the Platform.

Card Purchaser– the person who buys the Card (transaction payer).

Card Recipient– the person designated by the Purchaser as the recipient of the Card, email address or phone number).

Card Code– a unique code, an identifier enabling the redemption of the Card on the Platform.

Card Balance– the unused portion of the Card's value.

Card Validity Period– the period during which the Card can be used, generally lasting 1 year from the date of purchase, unless otherwise specified at the time of purchase.

Gift Card Regulations– a part of these Regulations specifying the detailed rules for purchasing and redeeming Gift Cards.

Regulations– these regulations of the SpotMeUp Platform, defining the rules for providing services electronically by the Operator and the rights and obligations of Users (Clients and Partners). Acceptance of the Regulations occurs during the registration of an Account or when making a Reservation.

​Registration- the process enabling the creation of an Account in the System, the mandatory element of which is the acceptance of these Regulations. Without acceptance of the Regulations, it is not possible to complete the Registration.

​GDPR- Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) as amended.

​Salon– a natural person, legal entity, or organizational unit without legal personality, which the law grants legal capacity, conducting business activities, having a Salon Account created in the System, based on a separate agreement concluded with the Operator for the provision of electronic services.

​Service– the website operated by the Operator at www.spotmeup.com, which allows the Client to select and book Salon Services.

​System– collectively the Service and the dedicated Application for Salons, allowing Salons to manage working hours and Reservations, and Clients to make self-service Reservations.

Agreement for the provision of electronic services– an agreement concluded between the Operator and the Client, under the terms provided in the Regulations, the subject of which is the provision of the Operator's Services to Clients.

Agreement with the Salon– a separate agreement concluded between the Client and the Salon as a result of a Reservation made by the Client, the subject of which is the Salon Services.

​Operator's Services- services provided by the Operator electronically to the Client, specified in the Regulations.

Salon Services– all services offered by the Salon (including in particular services: hairdressing, cosmetic, aesthetic medicine, health, wellness, spa, etc.).

​Referral Program- a function through which Clients can recommend the System and the Operator's services to potential new Partners.

​Agreement for Using the System- an agreement between the Operator and the Client, concluded in the manner described in these Terms and Conditions, the subject of which is the provision of Services by the Operator to the Client.

​Partner Service, Partner Services- all services offered through the System by Partners, including in the fields of cosmetics, hairdressing, wellness and SPA, broadly understood health prevention, financial, telecommunications, insurance services, and other unspecified services.

User- Client or Partner.

GENERAL PROVISIONS

1. The Terms and Conditions define the conditions for using the SpotMeUp Platform, in particular the rules for making Reservations for services provided by Partners, the roles and responsibilities of the Operator, Partners, and Clients, as well as the rules for payments, appointment cancellations, and complaint procedures.
2. The Operator provides Users with access to the Platform - this is a service provided electronically within the meaning of the law (the Act on Providing Services by Electronic Means). The agreement for the provision of this service is concluded at the moment the User creates an Account (or makes a Reservation without registration, if such an option is available) and is valid for an indefinite period until the Account is deleted or the agreement is terminated in accordance with the Terms and Conditions.
3. Using the Platform requires meeting minimum technical requirements: having a device with internet access, an up-to-date web browser, or the installed SpotMeUp mobile application (for Android or iOS), as well as having an active email address. For full functionality, it is also recommended to have an active mobile phone number (e.g., for receiving SMS notifications) and up-to-date device operating system software.
4. Creating a Client Account and using the basic functionalities of the Platform by Clients is free of charge. The Client bears any costs of internet connection or data transmission according to the rates of their telecommunications operator. Partners can use the basic version of the Platform free of charge or in a subscription model – detailed rules and fees for Partners are specified in the price list or separate terms (e.g., the Terms of the SpotMeUp Biz Subscription Package), available to the Partner before entering into a subscription agreement.
5. The Operator reserves the right that some additional services or features of the Platform for Partners (e.g., promotional packages, marketing services, integrations with external reservations such as 'Reserve with Google', etc.) may incur additional charges, according to separate regulations or agreements made with the Partner. All fees will be presented to the Partner in a transparent manner and require acceptance (e.g., selection of a subscription plan, transaction commissions, etc.).
6. The Operator may publish or share information about Partners and their services on third-party websites or applications within the Platform to increase the reach of the Partner's offer (e.g., integration with external portals, booking widget on the Partner's website or on social media profiles). By using the Platform, the Partner agrees to the presentation of their offer in related partner channels of SpotMeUp. However, the Operator does not guarantee the placement of the Partner's offer on any external services and may selectively promote chosen offers at its discretion.
7. All intellectual property rights to the content provided within the Platform (including software, layout and composition of pages, logos, graphic elements, databases) belong to the Operator or have been licensed to it and are protected by law. Users agree to use these resources only within the scope of permitted use for the purpose of utilizing the Platform's services. It is prohibited to copy, modify, distribute, or use these materials in any other way without the prior explicit consent of the Operator.
8. The Operator primarily contacts Users electronically. A Client or Partner, by registering an Account, agrees to receive messages from the Operator related to the provision of the Platform's services (e.g., booking confirmations, notifications about changes in visit status, system messages) at the provided email address, phone number (SMS), or through push notifications in the mobile application. Marketing communication (newsletter, promotional offers) will be sent only to Users who have given separate consent for this – the User has the right to withdraw from receiving marketing materials at any time.

1. SCOPE OF SPOTMEUP PLATFORM SERVICES

1. 1. Features for Clients:The platform provides Clients with a search engine for Partners and their services, allowing them to browse offers by category (e.g., hairdresser, beautician, massage, personal trainer, etc.) and location. Clients can use the Platform to view the Partner's Profile (company information, service descriptions, prices, available dates, ratings from other Clients) and make a Reservation for the selected service at an available time. Additionally, through the Client Account, the User has the ability to:

• • manage their Reservations (change the date, cancel the appointment – within the limits allowed by the Reservation terms),
  • receive reminders about upcoming appointments (email, SMS, or push notifications),
  • make online payments for Partner services (if the Partner offers this option,
  • leave reviews and ratings for Partners after the appointment has been completed.

1. 2. Features for Partners:The platform (part of SpotMeUp) allows Partners to create a Partner Profile and use a range of tools to manage their business. Within the Partner Account, the following are available:

• • a booking calendar for appointments (allowing management of service schedules, dates, reservations, as well as handling the client list),
  • options for sending and receiving appointment notifications (SMS, email) to Clients.
  • integration with a booking widget that the Partner can place on their website or Facebook profile, allowing Clients to book appointments directly from those locations,
  • access to a system for publishing and managing reviews (the Partner can respond to Client reviews but cannot delete or censor them – see the Client Reviews section),
  • the possibility of activating Online Payments (accepting card payments through the application – details in the Payments section) and potentially collecting deposits/reservation fees from Clients,
  • promotional and marketing tools (e.g., managing discounts, loyalty programs, promoting offers as part of additional SpotMeUp packages, if available).

1. 3. The Role of the Operator – intermediary:The SpotMeUp platform is merely an intermediary tool that facilitates contact and the conclusion of contracts between Clients and Partners. The Operator is not a provider of cosmetic, hairdressing, health, or any other services offered by Partners and does not directly participate in the execution of contracts for the provision of these services. SpotMeUp is not a party to the contract between the Client and the Partner regarding the execution of the Partner's Service. The platform only enables the conclusion of such a contract remotely and may facilitate payment, but all responsibility for the execution or non-execution of the Partner's Service rests with the Partner (and the Client regarding their obligations as a service recipient).
2. 4. No liability for Partner services:The Operator makes efforts to verify basic information about Partners (e.g., whether they conduct business activities, registration data) and to ensure the Platform operates according to its intended purpose. However, the Operator does not guarantee the quality, safety, legality, or results of the services provided by the Partners. The responsibility for the proper execution of the service to the Client lies solely with the Partner. In particular, the Operator is not responsible for: the course of the visit, any damage to health or property that occurs during or as a result of using the Partner's services, the inconsistency of the service provided with the description or the Client's expectations, the cancellation of the visit by the Partner or the Client, the Client's or Partner's lateness for the visit, or any other issues arising from the relationship between the Partner and the Client.
3. 5. Electronic service of the Platform:The conclusion of the agreement for the provision of services electronically by the Operator occurs at the moment of account registration (or making the first reservation, which requires acceptance of the Terms and Conditions). By accepting the Terms and Conditions, the Client enters into an agreement with the Operator for the use of the Platform's functionalities (account, online reservations, etc.) for an indefinite period. The Client has the right to withdraw from such an agreement within 14 days without giving a reason; however, they lose the right to withdraw if the Operator has fully performed the service with the Client's explicit consent before the withdrawal period expires (e.g., if the Client makes a reservation for the nearest date – the execution of the reservation process then constitutes a fully performed electronic service). The Operator informs the Client about the loss of the right to withdraw in such a situation during the reservation process, and the Client confirms this information by making the reservation. Withdrawing from the agreement for the provision of services electronically (using the Platform) by the Client is equivalent to terminating the agreement with the Operator and deleting the Account, which results in the cancellation of any active Reservations.
4. 6. Conclusion of the agreement with the Partner:The Platform allows the Client and the Partner to conclude an agreement for the provision of the Partner's Service at a distance (through the reservation of an appointment). The specific moment and conditions for concluding this agreement may depend on the settings made by the Partner:

• • In the standard case, the agreement between the Client and the Partner is concluded at the moment the Client receives confirmation of the Reservation (which usually occurs automatically after making the Reservation in the system). The Reservation confirmation is sent to the Client by the Platform (e.g., via email or in the app) after the system registers the request for the reservation of the appointment and – unless the Partner rejects the Reservation – the visit is recorded in the Partner's calendar.
  • The Partner may specify in their Profile that the Reservation requires additional confirmation by the Partner. In this model, the Client's submission of the Reservation is an offer to enter into a contract, and the contract is concluded at the moment the system sends the Client information about the acceptance (confirmation) of the Reservation by the Partner. If the Partner does not confirm the Reservation within a specified time, it may be automatically canceled – in such a case, the contract is not concluded, and any prepayment will be refunded to the Client.
  • The Partner may specify additional conditions for the Reservation, such as the requirement for a deposit, making a prepayment (reservation fee), or securing the reservation with a credit card. These conditions will be communicated to the Client each time during the Reservation process (e.g., information about the amount of the deposit to be paid online or about the automatic charge of the card in case of not canceling the visit). The fulfillment of these conditions by the Client (e.g., paying the deposit) may be a condition for effectively concluding a contract with the Partner. Failure to take the required action by the Client (e.g., not making the prepayment within the specified time) may result in the Reservation not being confirmed or being canceled.
  • The Client and the Partner, when entering into a contract through the Platform, are obliged to respect the applicable consumer protection regulations regarding contracts concluded at a distance. In particular, if the contract concerns the provision of services on a specified date, and the Client is a consumer, the regulations regarding the possibility of withdrawing from the contract within 14 days may apply, unless the Client has chosen a date for the service to be performed that falls before the expiration of this period and has been informed that after the service is performed, they will lose the right to withdraw.l. In practice, most services reserved for a specific day and time are not subject to the right of withdrawal (according to Article 38 point 12 of the Consumer Rights Act, the right of withdrawal does not apply, among others, to services related to leisure or entertainment events, if the contract specifies the day or period of service provision – which is also interpreted in the context of services with a specific execution date). Nevertheless, in the event of a valid withdrawal by the Customer from the distance contract with the Partner, the Partner is responsible to the Customer for the refund of payments received for this service. The Operator is not responsible for the realization of the Customer's consumer rights against the Partner, but only provides the technical means of communication in this regard (e.g., enabling the Customer to contact the Partner, submitting a withdrawal statement, etc.).

2. Terms of Use of the Platform – registration and requirements

1. 1. Customer Account Registration:To fully utilize the capabilities of the Platform (e.g., view booking history, add reviews, receive personalized notifications), the Customer should create a free Account. Registration occurs by correctly filling out the registration form (available on the website or in the mobile app) and providing the required information, including: first and last name (or nickname), an active email address, a contact phone number, and setting a password for the Account. Alternatively, the Platform may allow registration through an external provider account (e.g., logging in via Google, Facebook, or Apple); in such cases, basic profile data will be imported with the User's consent.
2. 2. Requirements for the Customer:The Platform can be used by individuals who are at least 18 years old. Minors (over 16 years old) may use the services as Clients only with the knowledge and consent of a legal guardian – for example, a parent can create an account for a child or give consent for a specific visit. The Operator is not responsible for the use of the Platform by minors without the consent of their guardians. By registering, the Client declares that the provided information is true and that they have read the Terms and Conditions. The Client agrees to keep their contact information on the Account up to date and to maintain the confidentiality of their login information (username and password). Granting access to the Account to third parties is at the Client's own risk – the Operator recommends not sharing the password with anyone and using a unique, strong password.
3. 3. Partner Account Registration:Entities conducting business or professional activities in the sectors covered by the Platform may use the services for Partners. Partner registration takes place through a dedicated form (e.g., the 'Add Your Business' option on the site) or by contacting the Operator. The Partner is required to provide true company information, including: company name/full name, business address, VAT number (if applicable), contact details, and industry/type of services. The Operator may require verification of the provided information, e.g., by submitting copies of registration documents or proof of the right to conduct a specific type of business (e.g., diplomas, qualifications – in the case of services requiring qualifications).
4. 4. Requirements for the Partner:By creating a Partner Account, the User declares that they are authorized to represent a given company or conduct business under the specified data. The Partner agrees to provide only true, reliable, and up-to-date information about their offer, staff qualifications, prices, and terms of service in their Profile. The Partner is responsible for all content posted in their Profile and for complying with applicable regulations related to conducting business (e.g., having the required licenses or permits, meeting sanitary standards, having liability insurance if required for the industry, etc.). The Operator reserves the right to verify, edit, or remove content in the Partner's Profile if it violates the law, the Terms of Service, or offends good morals (e.g., vulgar content, discriminatory content, infringing on third-party copyrights).
5. 5. Security of the Partner Account:The Partner should particularly protect access to their SpotMeUp Biz Account, especially if it is shared with employees. It is recommended that each employee be assigned separate access rights (sub-account) with appropriate roles, instead of sharing a single login. Sharing the login and password with an unauthorized person may result in unauthorized changes to the Profile (such as changing prices, descriptions, canceling appointments). The Operator is not responsible for damages caused by individuals who gained access to the Partner Account due to security negligence on the part of the Partner. If there is suspicion that an unauthorized person has learned the password, the Partner should immediately change it and inform the Operator of the incident.
6. 6. Blocking or Deleting the Account by the Operator:The Operator has the right to suspend access to the Account or terminate the electronic service agreement (i.e., delete the Account) in the event that:

• • The User grossly or persistently violates these Terms and Conditions (e.g., posts prohibited content, spams other Users, abuses the reservation system, fails to fulfill obligations to the other party of the agreement, acts to the detriment of the Operator or other Users);
  • The User takes actions aimed at circumventing or thwarting the Platform's security, interferes with the code or technical infrastructure of the service, or takes actions that can be considered an attempt at unauthorized access to the system;
  • with respect to the Partner – when there are justified circumstances indicating the insolvency of the Partner, repeated serious complaints from Clients, provision of services not in accordance with the description or the law, or when the Partner is in arrears with payments due to the Operator (e.g., does not pay the subscription or commission despite reminders).
    Regarding the planned blocking or removal of the Account for the reasons indicated above, the Operator (if possible) will inform the User in advance via email, stating the reason and giving a deadline to respond or rectify the violations. In situations of serious threat to the security of the system or other Users, or illegal actions, the Operator may suspend the Account with immediate effect. The Partner whose Account has been suspended or removed has the right to an appeal procedure – they may submit written explanations or file a complaint within 14 days of receiving the decision (see Complaints). The Operator's decision after considering the appeal is final.

1. 7. Account deletion by the User:The Client has the right to withdraw from using the Platform and delete their Account at any time. They can do this through the functionality in the account settings (deletion/deactivation options) or by sending a request to the Operator's email address. The Operator will delete the Account (or anonymize personal data) promptly, no later than 14 days from receiving the request. Note: Deleting the Client's Account before fulfilling scheduled Reservations may result in their automatic cancellation – it is recommended to cancel scheduled visits in advance to avoid potential no-show fees. The Partner may terminate the agreement for using the Platform (close the Account) with a one-month notice period, unless a separate agreement with the Operator states otherwise. The termination should be in writing or via email. The Operator may waive the notice period for the Partner and delete their Account earlier, provided the Partner has settled all dues and completed the service of scheduled visits.

3. VISIT RESERVATIONS AND SERVICE IMPLEMENTATION RULES

1. 1. Making Reservations by the Client: The Client, wishing to make a Reservation, selects a specific service, employee (if applicable), and preferred date from the available options on the Partner's Profile. After selecting the date, the Client confirms their intention to reserve by clicking the appropriate button (e.g., "Reserve" or "Confirm Visit"). Depending on the Partner's settings, the Client may be asked to perform additional actions:

• • Identity/phone number confirmation: The Platform may require verification of the Client's phone number through a one-time SMS code before finalizing the first reservation. This is to avoid fake reservations and increase trust in the system.
  • Reservation payment (deposit/prepayment): If the Partner has established the obligation to pay a deposit or full prepayment for the service, the Client will be redirected to online payment. Making the payment (or its authorization) is a condition for confirming the Reservation. If payment is not made within the specified time, the Reservation may be automatically canceled.
  • Reservation details: The Client may be asked to provide additional information needed by the Partner to fulfill the service (e.g., a brief description of the health issue, preferences regarding the service) – this information will be sent to the Partner as part of the Reservation.

1. 2. Confirmation and status of the Reservation:After submitting the Reservation, the Client receives a message (on the website/app and via email) confirming that the Reservation has been received in the system. If the Partner does not require additional approval, the Reservation is automatically confirmed – the Client will receive a message confirming the date. If the Partner has reserved manual confirmation, the Reservation will have the status "pending confirmation." The Partner should confirm or reject such a request as soon as possible (usually within 24 hours). When the Partner confirms, the Client receives a notification of the confirmation. In case of rejection, the Client will be informed about the unavailability of the date, and if payment has been made, a refund will occur (see Payments and refunds).
2. 3. Change of date by the Client:The client has the option to change the reserved appointment, provided that the conditions of the given reservation allow for it. Typically, changing the appointment is possible until the deadline for cancellation expires (if the partner has established, for example, that cancellation is possible no later than 24 hours before the scheduled time, then the change should also occur before that moment). The change is made through the "Reschedule Appointment" function available in the details of the reservation on the client's account. The client selects a new time from the available slots offered by the system (which may be limited by the partner's calendar). The change is effective upon confirmation by the system or the partner (depending on the booking mode). A change of appointment after the allowed period may be blocked by the system – in that case, the client should contact the partner directly by phone. The partner may, at their discretion, agree to a change of appointment after the deadline, but there is no obligation to do so.
3. 4. Cancellation of the appointment by the client:The client has the right to cancel the reserved appointment. The procedure and any consequences of the cancellation depend on the moment at which they resign:

• • Cancellation within the allowed timeframe (according to the partner's policy): If the client cancels the appointment before the deadline expires (e.g., more than 24 hours before the scheduled time, if such a policy has been established by the partner), the reservation is canceled at no cost. The client and partner have no claims against each other – any deposit/prepayment should be fully refunded to the client. The refund is processed by the partner or the operator through the payment system (within 14 days, but usually faster).
  • Cancellation after the deadline (so-called late cancellation): If the Client cancels the appointment in violation of the established deadline (e.g., less than 24 hours before the appointment), the Partner has the right to demand a cancellation fee (so-called late cancellation fee) – provided that such a fee was clearly stipulated in the Partner's policy at the time of making the Reservation. If the Client agreed to the terms (e.g., loss of deposit or charging the card a specified amount in case of late cancellation), then:
  • in the case where a deposit was collected in advance – the Partner has the right to retain the deposit amount (up to the price of the service or another agreed value) as compensation for blocking the appointment; any amount paid in excess of the established fee should be refunded to the Client.
  • in the case of a reservation without prepayment, but with a card guarantee – the Partner may charge the Client's card a late cancellation fee in the amount specified in the Reservation terms (SpotMeUp, through the payment provider, will carry out such a transaction on behalf of the Partner, provided that the Client agreed to such a charge at the time of reservation).
  • if the cancellation fee was not stipulated or the Client canceled for a justified reason (e.g., sudden hospitalization) – the Partner has no right to retain the payment or demand penalties, except for deducting any actual costs incurred in preparation for the service, if regulations allow it. However, in practice, in the marketplace model, if no late cancellation fee was agreed upon, the Client does not incur any costs.
  • Cancellation initiated by the Partner: If the Partner cancels a confirmed appointment (regardless of the date), the Client should receive a full refund of any payments made (deposits/prepayments) and has the right to expect a proposal for a new date. The Partner cannot charge the Client any costs – on the contrary, the Partner may face consequences (e.g., lower rating, loss of trust). The Operator recommends that Partners cancel appointments only in exceptional situations. In the event of a cancellation by the Partner through the system, the agreement between the Client and the Partner is terminated immediately, and the Platform records this situation. If the cancellation occurred due to unforeseen circumstances, the Partner may contact the Client for clarification and possibly arrange a new date outside the system (but it is recommended to make a new reservation through the Platform).
  • Client no-show: If the Client does not show up for the scheduled appointment and does not cancel it in advance, the Partner has the right to mark the Reservation as "not attended due to the Client's fault" (no-show status). In such a situation, if there was a prepayment or card guarantee, the Partner has the right to retain the amount paid (up to the full price of the service) or charge the Client's card a no-show fee – provided that the Client was informed of such a policy at the time of booking. The collection of the no-show fee is carried out similarly to that of a late cancellation (the Platform facilitates the transaction on behalf of the Partner). Additionally, the Client loses any promotional benefits associated with the reservation (e.g., the use of a discount code is considered redeemed). However, the Partner cannot demand additional payment from the Client exceeding the established price of the service – the no-show fee can be a maximum of 100% of the value of the ordered service (if such an amount is specified in the terms).
  • The Operator reserves the right that in the case of a Client's habitual failure to appear for appointments (e.g., 2-3 consecutive un-canceled reservations), the Client's Account may be verified or suspended to prevent abuse. Before suspension, the Operator will contact the Client to clarify the situation.

1. 5. Partner's Responsibilities Regarding Reservations:The Partner agrees to provide services in accordance with the description and at the times reserved by the Clients. By confirming (or not canceling) the Reservation, the Partner undertakes the obligation to perform the service for the Client at the agreed price. The Partner may refuse to provide the service only in exceptional circumstances, such as force majeure, sudden unavailability of staff due to unforeseen reasons, or if the Client arrives for the appointment in a state that prevents the service from being performed (e.g., intoxication, aggressive behavior) or violates sanitary/safety rules. In the event of such a refusal, the Partner should immediately inform the Client and the Operator, and refund the Client any paid funds if a deposit was taken. The Partner may not charge the Client any payment if the service was not performed due to reasons on the Partner's side.
2. 6. Client-Partner Contractual Relationship:Any claims, complaints, and disputes regarding the performance of the service (e.g., quality of the treatment, effects, any damages, health, etc.) constitute a relationship between the Client and the Partner. The Platform may facilitate communication in this regard but is not responsible for disputes arising from the performance of the service. The Client should direct any service complaints directly to the Partner, who is obliged to address them in accordance with applicable law (more in the section on Partner Service Complaints).
3. 7. Internal Regulations of Partners:The Partner has the right to establish their own service provision regulations in their salon (e.g., rules of conduct in the salon, sanitary requirements, customer lateness policy, etc.), as well as pricing and promotional conditions, as long as they do not conflict with these Terms and consumer law. It is recommended that all significant provisions of the Partner be included in their Profile or at least communicated to the Customer before making a Reservation (e.g., 'Salon Regulations' for review). In the event of a conflict between the Partner's regulations and these Terms, the provisions that are more favorable to the Customer shall take precedence in the Customer-Partner relationship (consumer rights cannot be limited).

4. PAYMENTS

1. 1. Settlements between the Customer and the Partner:By default, payment for services is made directly between the Customer and the Partner after the service is performed – e.g., the Customer pays in the salon with cash, card, or another method accepted by the Partner. The Partner is responsible for indicating on their Profile which payment methods are available on-site (cash, cards, BLIK, etc.).
2. 2. Online Payments through the Platform:SpotMeUp optionally provides the ability to make a payment for the service in advance, at the time of Reservation or before the visit, using an integrated electronic payment system. If the Partner has activated this feature, the Customer may (or in certain cases must – e.g., reservations with prepayment) use online payment in the following way:

• • After making a Reservation, the Customer is redirected to a secure payment page operated by an external payment service provider (e.g., PayU, Przelewy24, Stripe – information about the current operator is provided at the time of payment). The Customer selects their preferred method (e.g., Visa/Mastercard payment card, quick transfer, BLIK, electronic wallet) and authorizes the transaction.
  • The payment provider, acting on behalf of the Client, charges the Client's account and transfers the funds to the Partner's settlement account (or an intermediary technical account from which the Partner is subsequently paid). The Operator (SpotMeUp) is not a party to the payment transaction, but merely integrates an external service into the Platform – it is also not a payment institution as defined by the Payment Services Act. The Operator does not store full payment card data of Clients nor does it directly mediate the flow of funds – these activities are carried out by a licensed payment provider.
  • Transaction security: The online payment process is encrypted and secured according to the provider's standards (e.g., 3D-Secure protocol for cards). The Client is obliged to protect their card data and not to share it with third parties. In case of authorization issues (e.g., card rejection, insufficient funds), the Reservation may be suspended or canceled, of which the Client will be informed.

1. 3. Transfer of funds to the Partner:In the case of Online payments, the Client actually makes a payment to the Partner through the SpotMeUp system. This means that the Operator or an authorized entity (payment provider) accepts this payment as an agent acting on behalf of the Partner. A payment made by the Client in this way is considered as fulfilling the monetary obligation to the Partner – the Client no longer needs to pay the Partner directly on-site. The Partner cannot demand a second payment from the Client for the service if they have received (or are guaranteed) payment through the Platform.

• • The Operator ensures the transfer of funds to the Partner as soon as possible after the service is performed (by default after confirming the visit). The standard settlement period is up to 7 business days from the date of the visit (or from the payment date, if later), provided that the payment transaction has been successfully completed and has not been reversed.
  • The amount transferred to the Partner is reduced by applicable fees: in particular, the service fee of the payment provider (the payment operator's commission) and any commission of the Operator, if applicable. The amount of the SpotMeUp commission for processing payments or the commission from bookings (if applicable) is specified in the price list or a separate agreement with the Partner. For example, it may be a specified percentage of the transaction value and a fixed fee, unless otherwise agreed. The Operator informs the Partner of all commissions before activating the online payment service.
  • The Partner must have an active bank account to which the funds will be paid. As part of the activation of online payments, the Partner provides the required financial data and undergoes the verification process required by the payment provider (in accordance with anti-money laundering regulations, the so-called KYC – Know Your Customer procedure). A lack of positive verification may prevent the use of online payments.

1. 4. Transaction costs:The fees of payment operators for using online payments do not directly burden the Client – the Client pays the amount of the service price, and the commissions are covered by the Partner or are deducted from the amount transferred to the Partner (as stated above). Exceptions may occur when the Client makes a payment in a different currency and incurs currency conversion costs according to the bank/card conditions – the Platform supports payments in PLN.
2. 5. Payment refunds:In the event that the Client has acquired the right to a refund (e.g., a canceled appointment with a prepayment, withdrawal from the contract, a complaint accepted by the Partner), the refund will be processed, if possible, through the same method used for payment. The Operator (through the payment provider) processes the refund at the request of the Partner or according to the complaint arrangements. The time for processing the refund depends on banking procedures (usually 2-5 business days, a maximum of 14 days). The Client will receive an email notification about the completed refund.

• • If the refund concerns a partial amount (e.g., retention of the no-show fee, refund of only 50% of the paid deposit according to the terms), the Partner informs the Operator of the amount to be refunded to the Client.
  • In the event of a dispute regarding the validity of the refund (e.g., the Client requests a refund, and the Partner claims it is not due), the Operator may withhold the refund until the matter is clarified through the complaint process.

1. 6. Chargebacks and refunds:If the Client uses the chargeback procedure (e.g., files a complaint about a card transaction with the bank) and as a result, the payment provider charges the Operator the amount of the refund to the Client – the Operator will inform the Partner about this. The Partner agrees to cover any amounts refunded to the Client under the chargeback, provided they relate to services provided by the Partner, and also to cover any related bank fees or commissions imposed on the Operator. In practice, this means that the Operator may deduct the equivalent of the chargeback from subsequent payments due to the Partner or issue an invoice/debit note to the Partner with a payment term of 7 days. The Partner has the right to present explanations or evidence (e.g., a signed receipt by the Client) to contest an unjustified chargeback – the Operator will forward them to the payment provider, but the final decision regarding the acceptance/maintenance of the chargeback lies with the card issuer.
2. 7. Payment complaints:Any technical issues or complaints related to the payment process itself (e.g., double card charges, lack of redirection after payment, etc.) can be reported by the Client or Partner to the Operator, who will forward them to the appropriate payment provider. Since the Operator is not a payment service provider, complaints regarding card payments should ultimately be directed to the payment operator or bank. The Operator will make efforts to assist in clarifying the issue but is not responsible for any errors on the part of the independent payment operator (e.g., banking system failures).
3. 8. Proof of sale and invoices:The Partner is obliged to issue the Client the appropriate proof of sale for the service rendered – a fiscal receipt or VAT invoice (if the Client requests it and provides the necessary details). The Platform may facilitate the issuance of receipts/invoices through integration, but the Partner is responsible for compliance with tax regulations. In the case of online payments, the Partner receives transaction reports from the Operator, which serve as the basis for recording the sale (the Partner should record the sale according to the date of service completion or receipt of the advance, according to applicable tax regulations). The Operator may act as a so-called settlement agent; however, the Partner is ultimately the party to the service sale transaction and is responsible for remitting the due taxes on their income. The Operator, if required by regulations (e.g., DAC7 – directive on administrative cooperation in taxation), may report the total value of transactions made by the Partner through the Platform to tax authorities. By accepting the Terms and Conditions, the Partner agrees to provide the relevant authorities with information about their income from the Platform if such a legal obligation is imposed on the Operator.
4. 9. Promotions and discount codes:The platform may offer customers promotional codes, discounts, or other special offers for partner services. Unless otherwise specified, such promotions are funded by the operator or in agreement with the partners. In cases where the discount is covered by the operator (e.g., a discount code of -20 PLN for new users), the partner receives the full amount for the service as if the discount did not exist (the operator pays the difference). If the promotion is co-funded or initiated by the partner (e.g., the partner creates their own loyalty discount in the system), the settlement occurs according to the terms of that promotion (the partner consciously reduces their receivable). Detailed regulations for promotions will be provided with each such action.

5. GIFT CARDS (E-CARDS)

1. The operator may allow buyers to purchase gift cards through the platform. The cards are delivered in electronic form (SMS or email) and may contain a message from the buyer.

2. The card is valid for 1 year from the date of purchase, unless otherwise specified in the purchase process. After the validity period expires, any unused balance may expire – the rules for possible extension (if available) are indicated in the purchase process or in the gift card regulations.

3. The card can only be redeemed at partners who have enabled card payment on the platform. Information about the availability of card redemption should be visible to the customer at least at the payment selection stage.

4. The card can be used for partner services and/or partner products – depending on the partner's offer and the settings available on the platform.

5. Partial redemption of the card is allowed: if the transaction value is lower than the balance, the unused portion remains available for further use during the validity period.

6. If the transaction amount exceeds the Card Balance, the Client may pay the difference using another available payment method, provided that the Partner offers such an option.

     7. The card does not constitute electronic money or a payment instrument within the meaning of the Payment Services Act, is not exchangeable for cash, and is not interest-bearing.

    8. The Buyer and the Recipient are obliged to keep the Card Code confidential. The Operator is not responsible for the use of the Card by unauthorized persons in the event that the Card Code is disclosed by the Buyer/Recipient or lost.

    9. Complaints regarding the purchase and delivery of the Card (e.g., non-delivery, error in recipient data) should be reported to the Operator using the contact details provided on the Platform. It is recommended to first check the spam folder, promotions (for the given email address), or the accuracy of the phone number in the case of SMS.

5.10. Cancellation of the Card order before delivery, no issuance of the Card Code.

   1. Until the moment the Card is delivered to the Recipient (i.e., the Code of the Card is provided), the Buyer can cancel the Card order by contacting the Operator.

   2. In the case of a Card with a scheduled delivery for a future date, cancellation is possible until the Card is delivered to the Recipient.

5.11. Withdrawal from the contract by the Consumer.

   1. If the Buyer is a Consumer, they have the right to withdraw from the purchase agreement of the Card within 14 days from the date of its conclusion.

   2. The right of withdrawal mentioned above applies only to situations where the Card Code has not yet been made available/delivered to the Recipient (the Card has not yet been "issued").

5.12. Exclusion of the right of withdrawal after immediate delivery.

  1. If the Buyer selects the option for immediate delivery of the Card (or delivery before the 14-day period) during the purchase process and requests the commencement of the performance before the withdrawal period expires, and also acknowledges that after the delivery of the Card Code they will lose the right of withdrawal – then after the delivery of the Card Code, the right of withdrawal does not apply.

  2. Delivery of the Card Code to the specified email/SMS is considered fulfillment of the service by the Operator regarding the purchase of the Card.

5.13. No refund after the Card has been used or partially used.

  1. After using the Card (in whole or in part), cancellation of the Card purchase and refund of the Card price is not available, subject to point 5.15 (errors, irregularities on the part of the Operator).

  2. Refunds for services or products paid for with a Card (e.g., a canceled appointment) are processed according to the return policies for the specific transaction/service and – if possible – are made by reloading the Card Balance or through another solution indicated in the return process.

5.14. Verification before refund.

  1. Before processing the refund of the Card price, the Operator may verify whether the Card has not been used (in whole or in part). The refund may be delayed until the verification is completed.

5.15. Refund in case of delivery errors or technical defects on the Operator's side.

  1. If the Card has not reached the Recipient due to reasons attributable to the Operator or if there is an error preventing the use of the Card, the Operator, at its own discretion, (i) will redeliver the Card or (ii) will refund the price of the Card, provided that the Card has not been used.

  2. If the Buyer provided an incorrect email/phone number for the Recipient, the Operator may allow for data correction before delivery. After delivery, correction is not guaranteed.

5.16. Method and timing of the refund.

  1. The refund of the Card price (if applicable) will be made using the same payment method that the Buyer used, unless the Buyer expressly agrees to a different method of refund.

  2. The return time is in accordance with the deadlines specified in the Payment Return Policy (usually 2–5 business days, a maximum of 14 days – depending on the bank and payment provider).

6. RULES FOR CLIENTS (CLIENT RIGHTS AND OBLIGATIONS)

1. 1. Data and honesty of information:Clients using the Platform are required to provide truthful information – this applies to both registration data and information provided during the Booking process (e.g., special notes for the Partner, health contraindications if asked). Impersonating another person or deliberately misleading the Partner (e.g., booking services under false data to harm a competing client) constitutes a violation of the Regulations.
2. 2. Course of the visit:The client should arrive for the appointment on time (it is recommended to arrive a few minutes early). In case of an expected delay, the client should, if possible, notify the partner (via the app function – if available, or by phone). Partners may have their own late policies (e.g., "a delay of more than 15 minutes may result in the appointment being canceled as a no-show") – such information should be included in the Partner's Profile. The client is required to respect the rules in place at the Partner's location (e.g., sanitary requirements – wearing a mask, hand disinfection; rules of courteous behavior, etc.).
3. 3. Contraindications and health status:It is in the client's interest to inform the partner of any potential contraindications or special circumstances that may affect the provision of the service (e.g., skin diseases before a cosmetic treatment, allergies to cosmetics, pregnancy – in the case of treatments where this is relevant, injuries – before a massage or training). Partners are responsible for ensuring safe service conditions; however, a lack of information from the client about a significant condition that may affect the service may limit the client's ability to make complaints or claims if an undesirable effect occurs.
4. 4. Payments and tips:After the service is performed, the Client is obliged to pay the agreed price (unless they have paid in advance online). The prices listed in the Partner's Profile are gross prices (including VAT, if applicable) and are binding at the time of booking – the Partner cannot demand a higher amount than confirmed at the Booking. However, if the Client orders additional services on-site that are not covered by the original Booking, they should expect additional costs according to the Partner's price list. Payment should be made without undue delay after the service is completed. The Client may voluntarily give a tip to the Partner's employee, but this is completely optional and cannot be enforced.
5. 5. Ratings and Reviews:After the visit, the Client has the right to give a rating (on a star scale, e.g., 1–5) and write a review about the Partner's service. Reviews are an important element of the Platform's community – they should be factual, truthful, and substantive. It is prohibited to post offensive, defamatory, vulgar reviews, or those that violate the rights of third parties or are otherwise illegal and against good morals. The Client should not disclose personal data of the employee (e.g., name, if not publicly available) or third parties in the review. The Operator does not generally interfere with the content of reviews, as long as they fall within the limits of permissible criticism. In the event that anyone (the Partner or another user) reports that a review violates the regulations or laws (e.g., defamation, hate speech), the Operator may moderate it – remove it or request a change, and in extreme cases, block the Client's ability to add reviews.

• • Authenticity: Only a Client who has actually used the service (has made a Reservation) can leave a review. The system may automatically invite Clients to rate after their visit. Attempts to leave false reviews (e.g., by competitors or by the Partner posing as Clients) are prohibited.
  • Consequences for the Partner: Client reviews affect the Partner's reputation and position in search results. The Partner cannot delete unfavorable ratings but can respond to them in a polite manner. It is prohibited for the Partner to retaliate against a Client with aggressive behavior for a bad review – such actions (e.g., threats in a response comment or privately) may result in sanctions against the Partner.

1. 6. Contact and communication:The Client should use the contact details of the Partner provided in the Profile only to obtain information or matters related to the ordered service. It is prohibited to use this information for marketing purposes (spamming) or other unwanted actions. Similarly, communication through the Platform (e.g., chat, if available) should only concern matters related to the reservation and service. The Operator reserves the right to monitor communication in the system for abuse (e.g., proposals to bypass the payment system, which is not allowed).
2. 7. Prohibition of illegal activities:It is obvious that the Client cannot use the Platform for illegal purposes – e.g., scheduling prohibited services (those whose provision violates the law), posting illegal content in reviews, or attempting to disrupt the operation of the Platform. The Client is fully responsible for their actions and omissions within the Platform, including any damage caused to the Operator or third parties.

7. RULES FOR PARTNERS (RIGHTS AND OBLIGATIONS OF THE PARTNER)

1. 1. Reliability and currency of information:The Partner agrees to keep their Profile always up to date. This particularly concerns: opening hours and available dates (calendar), offered services (names, descriptions, durations), prices (gross), information about staff (e.g., when an employee leaves, they should be removed from the list), as well as any promotions or requirements (e.g., deposits). The information presented to the Client during the booking must be true – the price and conditions of the confirmed Booking are binding. The Partner cannot unilaterally change the conditions of an already made Booking for the Client (e.g., raise the price) except in situations agreed upon with the Client and requiring their consent (e.g., the Client decides on-site to extend the service, which of course involves a change in price).
2. 2. Providing services according to the description:The Partner guarantees that they have the appropriate qualifications, permits, and skills to provide the services they offer on the Platform. Services should be performed with due professional care, in conditions that meet sanitary and safety requirements (according to industry standards and regulations). The description of services in the Profile should correspond to reality – for example, if a treatment lasts ~60 minutes, it should not be systematically set as 30 minutes just to artificially increase the availability of dates. Any significant limitations or risks for the Client should be signaled (e.g., "the treatment is not recommended for people with an allergy to...").
3. 3. Respect for consumer rights:The Partner agrees to comply with consumer protection regulations. In particular:

• • respect the Client's rights to withdraw from a distance contract, provided such rights are granted to them (see the section on concluding the contract; if the service was to be performed before the expiration of 14 days and the Client agreed to this, the Partner is exempt from the obligation to accept the withdrawal after the service has been performed);
  • issue fiscal receipts or invoices in accordance with the regulations;
  • handle Client complaints within statutory deadlines (14 days to respond) and in a reliable manner;
  • not mislead Clients regarding the properties of the service, qualifications, or prices;
  • ensure that the service complies with the contract – the service should match the description and expectations that can reasonably be held considering the nature of the offer.

1. 4. Cancellation and no-show policies – Partner's obligations:The Partner should clearly define their policy regarding appointment cancellations and Client no-shows. This policy should comply with the law and be described in the Profile or communicated during the booking process (e.g., through appropriate settings in the system):

• • The Partner may independently determine the period within which the Client can cancel or reschedule the appointment free of charge (e.g., 24 hours before the appointment). The SpotMeUp system allows for setting such a deadline. We recommend a period of no less than 24 hours to maintain fair play towards Clients. If the Partner has not clearly established such a period, it is assumed by default that the Client can cancel the appointment without consequences no later than 2 hours before the appointment.
  • The Partner may foresee a fee for late cancellations or no-shows, but only if the information was known to the Client at the time of booking (e.g., a requirement for a non-refundable deposit or the Client's consent to charge the card up to a certain amount). Otherwise, an attempt to collect such a fee may be deemed unlawful (an invalid contractual provision). By using the Platform, the Partner agrees to collect any cancellation fees solely through the Platform's system.
  • If the Partner decides not to enforce their policy in a specific case (e.g., forgiving the Client for being late or refunding the deposit despite a formal lack of obligation), that is acceptable – the Partner has the right to be more lenient than their regulations, as long as they do not act worse than specified. The system allows the Partner to manually indicate that they are not charging a fee for a specific cancellation/no-show.
  • The Partner, when canceling an appointment on their own initiative, never charges the Client a fee (this is obvious but worth emphasizing). If the Partner cancels the Reservation in the system, it is as if the contract was terminated by mutual agreement – the Client receives a refund and neither party has further obligations. However, if the Partner cancels appointments too frequently, the Operator may consider it an abuse and issue a warning to the Partner, and in extreme cases, lower their ranking or suspend their Account.
  • The Partner cannot retroactively change the cancellation policy for already made Reservations. For example, if there was no mention of a no-show fee at the time of booking, it cannot be imposed unilaterally later. Policy changes apply to future bookings and pertain to subsequent reservations.

1. 5. Customer satisfaction and complaints:The Partner makes every effort to ensure that Customers are satisfied with the services. In case of any problems or complaints from the Customer, the Partner is obliged to promptly take steps to clarify and resolve them. The Partner should respond to the Customer's complaint within 14 days of receiving it (the form of response should be similar to the form of the complaint – for example, if the Customer wrote via email or chat, the response should be through the same channel). If the complaint concerns the quality of the service or potential damage, the Partner should conduct an appropriate investigation – for example, a follow-up consultation with the Customer, inspection, etc.

• • If the Customer submits a complaint through the Operator (e.g., writes to SpotMeUp support), the Operator will promptly forward such a complaint to the appropriate Partner. The Partner then commits to respond to both the Operator and the Customer within 14 days, so that the Operator knows that the matter is being addressed.
  • In the case of compensation claims (e.g., the Customer demands a refund or compensation for damages), the Partner should consider the validity of the claim in accordance with applicable law (Consumer Rights Act, Civil Code – warranty for the service, if it can be applied analogously). If the complaint is valid, the Partner should offer the Customer compensation: for example, redoing the service, a free correction, partial or full refund, a voucher for the future – in agreement with the Customer.
  • The Operator may provide mediation support if both parties express such a willingness, but is not an arbitrator and does not impose a resolution. The final responsibility for addressing the service complaint rests with the Partner.

1. 6. Responsibility for personnel:The Partner is responsible for the actions and omissions of their employees or collaborators as if they were their own. It must be ensured that the staff handling reservations from the Platform is familiar with its operation (e.g., able to check the calendar, mark completed visits, etc.) and adheres to customer service standards. Any shortcomings (e.g., rude treatment of Customers, habitual delays) affect the Partner's reputation on the Platform.
2. 7. Content provided by the Partner:All materials that the Partner adds to the Platform (photos of the salon, photos of work, descriptions, logos, etc.) must be used in accordance with the law. The Partner guarantees that they have the rights to use these materials for promotional purposes and that their publication does not infringe on the rights of third parties (e.g., the photographer's copyright, consent of individuals visible in the photos). The Partner grants the Operator a non-exclusive, free license to use these materials within the Platform and marketing activities related to the promotion of the Platform. This license includes, among other things, the right to display photos and descriptions on the SpotMeUp service, in mobile applications, on SpotMeUp social media, as well as in advertising materials (online and offline) presenting the Partner's offer. The Operator has the right to make necessary technical modifications (e.g., cropping photos, applying filters) and to remove or refuse to publish materials that they consider inappropriate (e.g., low quality, unrelated to the business profile, violating the aesthetics of the service).
3. 8. Data confidentiality and GDPR:As part of using the Platform, the Partner receives access to the personal data of Customers making reservations (first name, last name/nickname, sometimes phone number, email address, and possibly other information provided during the reservation). The Partner becomes an independent administrator of this personal data in the context of providing the service and customer support. This means that the Partner commits to using the data solely for the purpose of providing the service (e.g., contacting regarding the visit, performing the service, and any post-sale activities such as issuing an invoice, accepting complaints). Using this data for marketing purposes (e.g., signing the Customer up for their own newsletter) is permissible only if the Partner obtains separate, explicit consent from the Customer or if they have another valid legal basis in accordance with GDPR. The Partner must protect Customer data in accordance with GDPR requirements and not disclose it to unauthorized persons. The Operator processes Customer data for its own purposes (enabling reservations, user account, etc.) as a separate administrator – the Partner should familiarize themselves with the SpotMeUp Privacy Policy to understand how the Operator secures the data. In the event that a Customer requests the Partner to delete their data or exercises another right under GDPR, the Partner should fulfill this request concerning the data they possess (e.g., delete the phone number after the service has been performed if there is no basis to retain it further). The Partner acknowledges that the Operator may monitor compliance with these rules in a regulatory manner (e.g., in the event of a Customer complaint about spam from the Partner).
4. 9. Prohibited actions by the Partner:As part of using the Platform, the Partner is not allowed to:

• • attempting to transfer Clients booked through the Platform to other channels to avoid fees (e.g., persuading the Client to book outside of SpotMeUp next time in exchange for a discount) – such practices, if revealed, may result in sanctions (reduced visibility or even removal from the Platform), as they undermine the cooperation model;
  • posting content in the Profile that is unrelated to the business or misleading (e.g., advertisements for other companies, political manifestos, etc.);
  • using someone else's trademarks or legally protected materials without permission – e.g., using photos found on the internet without a license;
  • taking actions that may disrupt the functioning of the Platform or destabilize its operation (e.g., exploiting security vulnerabilities, mass data downloading, using bots for fake bookings) – this is strictly prohibited and may result in legal liability;
  • providing third parties (beyond your authorized employees) access to the SpotMeUp Biz Partner Panel or confidential information from the Operator.

1. 10. Subscription and fees for the Operator: Jeśli Partner korzysta z płatnej wersji Platformy (abonament miesięczny lub roczny) bądź dodatkowych płatnych usług (np. pakiet promocyjny, integracja SMS ponad darmowy limit), zobowiązany jest terminowo regulować płatności. Warunki abonamentu (cena, okres rozliczeniowy, zakres usług) są określone w osobnym dokumencie/ofercie. Subskrypcja jest przedłużana automatycznie na kolejne okresy, o ile Partner nie wypowie jej z odpowiednim wyprzedzeniem (np. miesiąc przed końcem bieżącego okresu, chyba że warunki stanowią inaczej) – Operator zapewni prostą metodę rezygnacji z abonamentu, np. poprzez ustawienia konta lub kontakt mailowy, zgodnie z zasadą „click-to-cancel” (możliwość łatwego zakończenia subskrypcji) wprowadzoną przepisami o usługach cyfrowych. W przypadku rezygnacji, Konto Partnera może zostać przełączone na wersję bezpłatną (o ograniczonej funkcjonalności) lub całkowicie zamknięte – wedle wyboru Partnera. Opłaty abonamentowe uiszczone z góry nie podlegają zwrotowi proporcjonalnemu, chyba że rozwiązanie umowy nastąpiło z winy Operatora albo zgodnie z prawem konsument (Partner-konsument, co raczej nie ma zastosowania, bo Partner działa profesjonalnie) odstąpił od umowy w terminie 14 dni od pierwszej aktywacji abonamentu. Operator może czasowo zawiesić świadczenie usług dla Partnera, który zalega z płatnościami, po uprzednim wezwaniu do zapłaty.

8. LIMITATION OF OPERATOR LIABILITY

1. 1. Odpowiedzialność za Platformę:The Operator commits to providing the highest quality and availability of the Platform's services, but does not guarantee that the service will operate without interruptions and errors at all times. Technical interruptions may occur – planned (e.g., maintenance, updates – if possible, these will be carried out during nighttime or low-load hours) or emergency (faults independent of the Operator). The Operator will make an effort to inform in advance about planned interruptions. The Operator is not liable for damages caused by interruptions in the operation of the Platform, loss of data entered into the system (e.g., due to a failure), or delays in processing information, unless they are a result of the Operator's fault. In particular, Partners are not entitled to compensation for lost profits (e.g., loss of customers) due to the temporary unavailability of the Platform. It is recommended that the Partner additionally maintain their own reservation calendar (even in the form of data export) in case of system failure.
2. 2. No liability for Client-Partner agreements:As has been repeatedly emphasized, SpotMeUp is not a party to the transaction between the Client and the Partner. The Operator is not responsible for non-performance or improper performance of obligations by either party to the service agreement. Any claims for damages arising from such events (e.g., the Client suing for poorly performed service or the Partner for damage caused by the Client) do not include the Operator. Users release the Operator from liability to that extent. The exception is situations where the damage was caused solely by the Operator's fault – it is hard to imagine this in the context of the Partner's services, but for example, if a malfunction of the Platform (gross negligence of the Operator) caused some losses on the User's side, the Operator may be liable within the limits provided by law.
3. 3. User Content:The Operator is not responsible for the content posted by Users on the service, including descriptions, offers, and materials from Partners, as well as opinions from Clients. This content is the property or opinion of the respective Partners and Clients. The Operator only provides the infrastructure for their publication. However, if any content published by Users violates the law or the provisions of the Terms and Conditions, the Operator – upon receiving credible information about such a violation – has the right (and in the case of unlawful content: the obligation) to promptly remove it or prevent access to it. This applies, for example, to offensive comments, materials that violate copyright, etc. A User publishing such content may be held liable to third parties for damages caused, and their Account may be suspended.
4. 4. Relationships between Users:The Operator does not guarantee that the use of the Platform by a given Client or Partner will result in a contract or that the parties will be satisfied with the cooperation. The Platform is open – each Partner can receive both positive and negative reviews; each Client may encounter a Partner whose style does not suit them. The Operator does not interfere with the choice of parties nor recommends any specific Partner beyond the general ranking mechanism (which may take into account ratings, activity, etc.). Users should assess and use the available information (descriptions, reviews) at their own risk.
5. 5. Limitation of financial liability:To the maximum extent permitted by law, the Operator's liability to the User is limited to actual losses incurred and to the amount of fees that the User has paid to the Operator for the last 3 months of using the Platform (and if the claim concerns a Client who does not incur fees – up to the amount of 500 PLN). The Operator is not liable for lost profits, loss of data, or indirect damages. This provision does not apply to consumers to the extent that the law prohibits limiting liability – in the case of Clients who are consumers, the Operator is liable in the cases and to the extent specified by law (e.g., for non-performance of the electronic service of the Platform due to the Operator's fault). No provision of the Regulations limits the Operator's liability for death or personal injury caused by negligence, or liability for violations of personal data protection regulations – if such occur.
6. 6. Force Majeure:Neither party (neither the Operator, nor the Partner, nor the Client) shall be liable for failure to perform its obligations if it results from a force majeure event, understood as an external event that is unpredictable and unavoidable, e.g., natural disaster, major power failure, global-scale hacking attack, war, riots, decisions of authorities preventing operation. In the event of a force majeure, the parties will make efforts to properly secure data (Operator) and inform about problems with service provision (Client Partner – e.g., a salon closed due to flooding).

9. COMPLAINT PROCEDURE (PLATFORM)

1. 1. Complaints regarding the operation of the Platform:If the Client or Partner has objections regarding the operation of the SpotMeUp service (e.g., application errors, incorrect fee calculation, account issues, etc.), they can submit a complaint directly to the Operator. Complaints should be submitted electronically – by sending an email to the address:[email protected], or through the contact form available on the website/application. Complaints can also be sent by mail to the Operator's registered office. The complaint submission should include: identifying information of the User (first and last name/name, email address associated with the Account), a description of the problem that is the basis for the complaint, optionally the date the problem occurred, and the expected resolution method (e.g., request to restore access, balance correction).
2. 2. Deadline for consideration:The Operator will consider the complaint within 14 days of receiving it. A response will be provided via email to the address associated with the Account (or another provided by the complainant). In particularly complicated cases that prevent resolution within 14 days, the Operator will inform the User of the reason for the delay and the new deadline, which will not exceed 30 days from the receipt of the complaint.
3. 3. Acceptance or rejection of the complaint:If the complaint is deemed justified, the Operator will inform about it and take appropriate corrective actions, e.g.: remove the error in the system, restore access to the Account, refund incorrectly charged amounts, etc. In the case of rejection of the complaint, the Operator will justify their decision.
4. 4. Complaints regarding Partner services:As mentioned above, complaints regarding the quality or execution of the Partner's Services (e.g., cosmetic treatment) should be directed to the Partner, as they are the service provider. The Platform can assist in forwarding such a complaint, but it does not formally resolve disputes between the Client and the Partner. However, if the Client does not receive any response from the Partner or feels dismissed, they can inform the Operator. The Operator can then act as a mediator, re-contact the Partner, remind them of their obligations, or propose an amicable solution. Such mediation actions are taken by the Operator impartially and solely to maintain the high standards of the Platform – this does not mean taking responsibility for the complaint.
5. 5. Out-of-court resolution of consumer disputes:A Client who is a consumer has the option to use out-of-court methods to pursue claims. For example:

• • to contact the municipal (district) consumer ombudsman for legal assistance;
  • to use the permanent consumer arbitration court at the Provincial Inspectorate of Trade Inspection (appropriate based on the location of the Partner or Operator) – this applies to disputes with the Partner or possibly with the Operator, if deemed appropriate;
  • to file a complaint through the European ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr. The ODR platform is an interactive site through which a consumer can register a dispute arising from an online transaction and attempt to obtain an out-of-court resolution.
    The Operator informs that it is not obligated to use out-of-court dispute resolution methods (unless mandatory law provides otherwise), but usually supports amicable solutions. The Operator's potential willingness to participate in a specific ADR (Alternative Dispute Resolution) proceeding will be expressed in writing if necessary.

1. 6. Competent Court:In the event that the dispute is not resolved through a complaint or amicably, a common court may be competent to resolve it. For any disputes between the Operator and the Partner (entrepreneur), the jurisdiction of the court competent for the Operator's registered office (Warsaw) is established, unless the parties decide otherwise. However, in disputes involving a Client who is a consumer, the general jurisdiction provisions apply – the competent court will be the court competent according to the regulations (e.g., the place of residence of the defendant or the place of performance of the contract). The provision on the jurisdiction of the court does not exclude the consumer's rights to pursue claims before the competent court according to the provisions of law.

10. CHANGES TO THE REGULATIONS AND FINAL PROVISIONS

1. 1. Change of Regulations:The Operator has the right to change these Terms and Conditions for important reasons, which include in particular: changes in the functionality of the Platform or the introduction of new services (requiring modifications to the description in the Terms), changes in legal regulations or the issuance of rulings/decisions affecting the content of the provisions, or changes in the economic conditions of service provision (e.g., the introduction of fees). The Operator will inform Users of any planned changes to the Terms through a message on the service or an email sent to Users at least 15 days before the changes take effect (this does not apply to changes that do not affect the rights and obligations of the User or are purely editorial). During this time, the Partner (being the service recipient in a B2B relationship) has the right to terminate the agreement with the Operator with immediate effect if they do not accept the changes. A Client who is a consumer and does not accept the new provisions should cease using the Platform and has the right to delete their Account at any time. Using the Platform after the date the changes take effect means acceptance of the new Terms.
2. 2. Application of the Terms:The Terms in their current version are available at spotmeup.pl/regulamin (exact link) and in the mobile application (section "Legal Information"). The User can view, save, or print them at any time. The Terms are an integral part of the agreement for the provision of electronic services with the Operator.
3. 3. Governing Law:In matters not regulated by the Regulations, the provisions of Polish law shall apply, in particular the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, GDPR, and other relevant legal acts. If the Platform is available to Users from other EU countries, the consumer protection regulations applicable in the country of the consumer's habitual residence shall also apply – however, regarding the provision of services by the Operator, Polish law shall be deemed the law of the service provider's seat (according to the Rome I Regulation), which does not deprive consumers of the protection resulting from the mandatory provisions of their country.
4. 4. Individually negotiated provisions:If the Operator has entered into a separate agreement with the Partner or has individually agreed on certain conditions different from these Regulations (e.g., as part of commercial negotiations), such provisions take precedence over these Regulations, provided they have been confirmed in writing or by email by authorized persons. The Regulations shall apply in other respects.
5. 5. Salvatory clause:If any provision of the Regulations is found to be invalid or ineffective under the law, it shall not affect the validity of the remaining provisions. The invalid/ineffective provision shall be replaced by a legal norm closest to the economic purpose of the given provision.
6. 6. Attachments:Attachments defining specific conditions for certain services (e.g., Subscription Package Regulations for Partners, Privacy Policy, Promotion Regulations) may be an integral part of the Regulations. In the event of a conflict between the content of the attachment and the Regulations, the provisions of the attachment shall take precedence – as more detailed, in the scope to which they relate.
7. 7. Entry into force:These Terms and Conditions come into effect on ... (date of publication/last update). The provisions in force prior to this date apply to contracts and reservations made before this date, unless the change is to the User's benefit (e.g., extension of the cancellation period for reservations). The Operator has made efforts to ensure that all registered Users are informed of the new Terms and Conditions in a timely manner.

Thank you for using the SpotMeUp Platform! We hope it will contribute to the convenient scheduling of appointments and the growth of your business. If you have any questions or concerns regarding the Terms and Conditions, please contact us at the email address:[email protected].

Appendix No. 1 to the Terms and Conditions for Clients

Template for the statement of withdrawal from the Agreement for Use of the System

I, the undersigned, hereby inform of my withdrawal from the Agreement for Use of the System (use of the Operator's Application for Clients).

* The Client fills in all the lines of the above table

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