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Terms of Use for the “Borcook” Mobile Application

§1. General Provisions

  1. These Terms set out the rules for using the “Borcook” mobile application (hereinafter: the “Application”), owned and administered by ZUT BORNIAK Dawid Szurlej, Al. Niepodległości 41, 78-449 Borne Sulinowo, NIP: PL8992343025 (hereinafter: “BORNIAK” or the “Administrator”).
  2. By using the Application, the User confirms that they have read and accept these Terms.
  3. The Terms are made available free of charge via the Application and the website in a way that allows downloading, saving, and printing them.

§2. Definitions

§3. Technical and Usage Requirements

  1. To use the Application, you need a mobile device with Android or iOS and access to the Internet.
  2. To control the Device, it is necessary to connect to the same local Wi-Fi network or use the Device’s hotspot mode.
  3. Downloading and using the Application is free of charge. Some functionalities (Premium Features) may require payment.
  4. The User is obliged to use the Application in accordance with its intended purpose, the law, and these Terms.

§4. Registration and User Account

  1. Some functionalities of the Application require registration and creating an account.
  2. During registration, the User is required to provide their first name and e-mail address.
  3. The User undertakes to provide true data and keep it up to date.
  4. The User is responsible for the security of their account, including maintaining the confidentiality of the login and password.

§5. User License

  1. The User obtains a non-exclusive, revocable, non-transferable license to use the Application for private and non-commercial purposes.
  2. It is prohibited to decompile, reverse engineer, rent, sublicense, modify or resell the Application without the Administrator’s written consent.

§6. Control of the Borniak Smoker Device

  1. The Application allows remote control of a compatible Device.
  2. To add a Device to an account, the User must:
    1. be connected to the same Wi-Fi network as the Device and be within 10 meters,
    2. enter a one-time authorization code displayed on the Device's control panel.
  3. A Device can have multiple Users. Each User must be registered according to the procedure described in point 2.
  4. The owner of the Device is responsible for sharing the Device with another person.
  5. Each User can remove other Users of the Device. Re-adding a removed User requires following the procedure described in point 2.
  6. The Administrator is not responsible for the effects of changing the Device’s operating parameters by Users.

§7. Payment and Premium Features

  1. The Application offers Premium Features available for a fee via external payment systems (e.g., Google Pay, Apple Pay).
  2. The purchase of Premium Features is governed by the rules of the payment provider and subject to its terms.
  3. By activating Premium Features, the User consents to their immediate delivery and acknowledges that they lose the right to withdraw from the contract in accordance with Article 38 of the Polish Consumer Rights Act.
  4. BORNIAK does not store card data and is not responsible for the course of transactions.

§8. User Content

  1. The User bears full responsibility for all content provided via the Application.
  2. It is prohibited to post content that is illegal, offensive, or violates the rights of third parties.
  3. The Administrator reserves the right to remove content that violates these Terms or the law.
  4. Any suggestions, ideas, or content submitted by the User may be used by the Administrator without any obligation to compensate or credit the User.

§9. Updates and Support

  1. The Administrator reserves the right to make changes to the Application, including updating its functionalities.
  2. Older versions of the Application may be withdrawn.
  3. BORNIAK does not guarantee uninterrupted technical support.

§10. Resignation and Account Deletion

  1. The User may stop using the Application at any time by uninstalling it from their device.
  2. To delete an account and personal data, contact the Administrator at support@borcook.com or use the function available in the Application (if available).

§11. Personal Data Protection

  1. The Administrator reserves the right to collect user activity logs to the extent necessary to ensure security and proper operation of the Application.
  2. The rules for processing personal data are set out in the Privacy Policy of the Borcook Application, available in the Application and on the website.
  3. The data controller is ZUT BORNIAK Dawid Szurlej.
  4. The User has the right to access, rectify, delete, or object to the processing of their data.

§12. Age Restrictions

  1. The Application is intended for persons over 16 years of age.
  2. Minors may use the Application only with the consent of their legal guardian.

§13. Liability

  1. BORNIAK makes every effort to ensure the proper and safe operation of the Application. The Application includes, among others, recipes and ready-made programs for device operation, which can be transmitted and executed on a compatible Device. The Administrator is not responsible for errors resulting from incorrect interpretation, use or modification of these contents by the User, nor for consequences of not adjusting program parameters to a specific product or usage conditions.
  2. BORNIAK is not liable for:
    1. interruptions in the functioning of the Application caused by technical or maintenance reasons,
    2. consequences of using the Application contrary to these Terms,
    3. damage resulting from improper or non-compliant use of the Device or failure to follow the manual,
    4. loss of profits, indirect or incidental damages arising from the use or inability to use the Application or Services,
    5. damages resulting from the actions or omissions of third parties, including external service providers (such as payment systems, push services),
    6. unauthorized access by third parties to the User's account or data resulting from the User's failure to properly secure their access data,
    7. unavailability, errors or inaccuracies in the content provided by the Application, in particular in culinary recipes or device operation programs,
    8. force majeure events, including failures of telecommunications networks, IT systems, or hacker attacks.
    9. the Administrator does not guarantee that the Application will operate flawlessly on every device and operating system, nor that it will be free from errors or security vulnerabilities. Use of the Application is at the User’s sole risk.
  3. BORNIAK acts as an intermediary service provider as defined in Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act, DSA). To the extent resulting from the DSA, BORNIAK is not liable for content posted by Users, unless applicable law provides otherwise.
  4. The use of the Application and any materials or content made available therein does not transfer any intellectual property rights to the User, including rights to trademarks, trade names, logos, content, or technologies used in the Application. The User may use these materials only within the scope of the license granted in these Terms.

§14. Complaints

  1. Complaints regarding the operation of the Application should be sent to: support@borcook.com.
  2. The complaint should include a description of the problem and contact details.
  3. Complaints are processed within 14 days from the date of receipt.

§15. Third-Party Services

  1. The Application may use external services (e.g., Google, Apple, payment systems, push services).
  2. These services operate on the basis of their own terms and privacy policies.
  3. The Administrator is not responsible for the operation of services provided by these entities.

§16. Dispute Resolution

  1. In case of a dispute, the parties will seek an amicable solution.
  2. If no agreement is reached, the dispute shall be resolved by a competent common court in accordance with Polish law.

§17. Final Provisions

  1. In the event of discrepancies between the language version and the Polish version of the Terms, the Polish version shall prevail.
  2. The Terms may be amended. Users will be informed of any changes via the Application or by email.
  3. Amendments to these Terms shall enter into force no earlier than 7 days after Users have been notified of the changes, if continued use of the Application requires acceptance of the new provisions. In justified cases (e.g. legal changes, security), changes may be introduced with a shorter notice period, and Users will be duly informed.
  4. In matters not regulated by these Terms, the provisions of Polish law, in particular the Civil Code and GDPR, shall apply.
  5. The Terms shall enter into force on the date of publication in the Application.

Effective date: 2024-07-01