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Terms of Service

Terms of Service for Electronically Supplied Services

of the Vinowacje service

This is a machine translation of the Polish original. In case of any discrepancy, the Polish version prevails.

§ 1. General provisions

  1. These Terms set out the rules for the electronic provision of the services available on the Vinowacje website at vinowacje.eu, in particular the terms of concluding, performing and terminating contracts, the technical requirements, the prohibition on supplying unlawful content and the complaints procedure.
  2. The Terms are addressed exclusively to Clients who are entrepreneurs and constitute the terms referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services. They are not an offer addressed to consumers.
  3. Provisions applicable to consumers do not apply to relations with the Client, subject to the mandatory provisions of law that may apply to a given Client.

§ 2. Definitions

  1. Price List - the current information in the Service or in the Order process specifying the prices, billing periods, limits and scope of the Plans.
  2. Provider - Patryk Wierzchoń, running a sole proprietorship under the business name DESTINO Patryk Wierzchoń, Suchary 40A, 89-100 Suchary, Poland, tax ID (NIP): 5542871314.
  3. Business Days - Monday to Friday, excluding public holidays in the Republic of Poland under the Act of 18 January 1951 on public holidays.
  4. Label - a digital wine label or a related information page created in the Service, accessible in particular by means of a QR Code.
  5. Commercial Information - any information intended to promote, directly or indirectly, the Services or the image of the Provider, excluding information enabling communication with a specific person by means of electronic communication.
  6. Client - an entrepreneur, a legal person or an organisational unit with legal capacity that concludes the Contract with the Provider.
  7. Account - a separate area of the Service assigned to the Client that enables use of the Service and management of Users.
  8. QR Code - a code generated in the Service that leads to a Label or another resource indicated by the Client.
  9. Plan - a variant of the Service: Free, Pro, Business or Ultimate, with the parameters set out in the current Price List.
  10. Privacy Policy - the document setting out the rules and legal bases for processing personal data and the resulting rights of the Client, available at vinowacje.eu.
  11. Technical Break - a temporary shutdown or limitation of the functionality of the Service in whole or in part, related to a failure of the Service, including its servers, or to the need to maintain those servers or to upgrade or rebuild the Service, during which all or some of the Services cannot be used.
  12. Terms - these Terms, which are also terms within the meaning of the Polish Act on the provision of electronic services.
  13. Website/Service - the Seller's platform on which the Services are available, including the online shop.
  14. Party - the Provider or the Client as a party to the Contract.
  15. Subscription - the Client's paid, periodic right to use the selected Plan.
  16. Client Content - data, texts, graphics, information on products, ingredients, allergens, nutritional values, certificates and other materials entered into the Service by the Client or Users.
  17. Contract - the contract for the provision of electronic services concluded between the Provider and the Client on the terms of these Terms.
  18. Device - an electronic device at the Client's disposal that meets the minimum technical requirements set out in the Terms and through which the Client uses the Service;
  19. Service - the SaaS service provided by the Provider through the Website.
  20. User - a natural person authorised by the Client to use the Account, including the Account administrator.
  21. Collaborator - a natural person given access by the Client to work together on the Labels of selected brands.

§ 3. Scope and nature of the Service

  1. The Service makes it possible to create, manage and track digital wine Labels, to the extent depending on the Plan.
  2. The Service may include in particular: management of brands, Labels and vintages; generation of QR Codes; editing Label data without having to generate a new one; publishing information on ingredients, allergens, nutritional values and certificates; support for up to 24 languages; management of roles and collaborators, and scan statistics by brand, Label and country.
  3. The Service is an IT tool. The Provider is not the producer, importer, distributor or party responsible for the wine or the information presented by the Client.

§ 4. Technical requirements and access security

  1. To use the Services available in the Website with full functionality, the following minimum technical requirements should be met:
    1. a computer, laptop or other multimedia device with Internet access;
    2. access to e-mail;
    3. the Mozilla Firefox web browser version 17.0 or higher, or Internet Explorer version 10.0 or higher, or Opera version 12.0 or higher, or Google Chrome version 23.0 or higher, or Safari version 5.0 or higher;
    4. a keyboard or a device that makes it possible to fill in forms correctly.
  2. The Provider declares that, to ensure the security of the messages and data transmitted by the Client, it takes a number of measures, including technical and organisational ones, to prevent unauthorised persons from obtaining and modifying data sent over the Internet. Detailed information on the data protection applied is contained in the Privacy Policy.
  3. The Provider recommends using up-to-date software and strong passwords, securing devices and not sharing access data with unauthorised persons.
  4. A User using the Services in the Website is obliged to:
    1. use the Services in a way that does not disrupt the functioning of the Website;
    2. use the Services in accordance with generally applicable law, the provisions of the Terms, accepted customs and the principles of social coexistence;
    3. not supply or transmit in the Website any content prohibited by applicable law, in particular content infringing the economic copyrights or personal rights of third parties (prohibition on posting unlawful content);
    4. not use the Website for commercial purposes;
    5. not take any actions aimed at obtaining information not intended for the Client, including the data of other Clients, or at interfering with the rules or technical aspects of the functioning of the Website;
    6. not modify the content provided in the Website and not use it in an unauthorised manner;
    7. not send or post unsolicited commercial information (spam) in the Website;
    8. provide correct data when purchasing the Service and when registering.
  5. The basic form of communication between the Parties is electronic, using the Client's e-mail address given by the Client during Registration. The Provider communicates with the Client in another way where such an obligation results from mandatory provisions of law or from the Terms.
  6. The Provider is not liable for non-performance or improper performance of the service caused by force majeure, including failures of external infrastructure, DDoS attacks, actions of public authorities or changes in the law.

§ 5. Account, Users and Account administrator

  1. Use of the Service, apart from the publicly available features, requires creating an Account by providing the data required in the registration form, i.e. an e-mail address and a password, or by linking the account with a Google account.
  2. After registration, the User will be required to provide in their account: the business name, tax ID (NIP), business address and a contact telephone number.
  3. The person registering the Account declares that they are authorised to act on behalf of the Client. The Client keeps the Account data up to date and updates it without delay if it changes.
  4. The User may invite and remove Collaborators and assign Brands to them within the features of the given Plan. The User is responsible for granting and revoking permissions correctly.
  5. The Client is liable for the acts and omissions of the User and Collaborators as for its own, including for the use of the Account, the Client Content and compliance with the Terms.

§ 6. Concluding the Contract online

  1. The Contract is concluded upon successful registration of the Account for the Free Plan or - in the case of a paid Plan - upon confirmation of the Order by the Provider or the payment provider and making the Plan's features available, whichever occurs later.
  2. Before the Client places an Order, the Client has access in the Account to all Plans and receives information about the selected Plan, billing period, price and taxes.
  3. To place an Order, the Client must read and accept the Terms, which is confirmed by ticking the relevant box before finalising the Order. Failure to accept the Terms during the Order procedure makes it impossible to purchase a paid Plan and to place the Order successfully.
  4. To place an Order, the Client must provide the personal data indicated in the Order form as mandatory. The Client may edit and change the data when placing the Order, except for data such as the e-mail address.
  5. To place an Order, select a Plan and a payment method, fill in the Order form, and then confirm and send the Order by pressing the "Order and pay" button.
  6. During the Order procedure - until the "Order and pay" button is pressed - the User can modify the Order, in particular the choice of Plan, payment method and the data given in the Order form.
  7. The Order is placed when the User presses the "Order and pay" button and entails the obligation to pay.
  8. The Provider may refuse to conclude the Contract in the event of a justified suspicion of a breach of law, false data, lack of authorisation or a risk of payment abuse.

§ 7. Plans, Price List and free versions

  1. The Provider offers the following Plans: Free, Pro, Business and Ultimate. Label limits, brand limits, inviting Collaborators, access to statistics, billing periods and prices are set out in the current Price List available in the Account and in the Service.
  2. The data presented in the Price List and when placing the Order are binding for the Subscription. Any example limits presented in information materials are for guidance only, unless they have been expressly indicated as part of the Order.
  3. The Free Plan is provided free of charge to the extent currently set out in the Price List. The Provider may offer trial periods for paid Plans on the terms displayed in the Service - after they end, access may be limited if the Client does not activate a paid Subscription.

§ 8. Subscription, renewal and cancellation

  1. The Subscription is concluded for the selected billing period indicated in the Order.
  2. Unless otherwise indicated in the Order, the Subscription renews automatically for subsequent billing periods, and the Client authorises the Provider or the Stripe operator (Stripe Payments) to collect recurring payments. Before the subscription renews, the Provider will send the Client a reminder by e-mail.
  3. The Client may cancel automatic renewal in the Account settings or by contacting contact@vinowacje.eu, at the latest before the start of the next billing period. Cancellation takes effect at the end of the paid period and does not entitle the Client to a refund of fees for its unused part.
  4. The Client may change the Plan at any time, subject to the settlements and consequences indicated in the current Price List or in the Order process.

§ 9. Prices, VAT, invoices and payments

  1. Prices are indicated in the Price List and in the Order process. Unless expressly stated otherwise, prices are net prices and will be increased by the applicable VAT.
  2. Payments are made using the methods made available in the Service by the Stripe operator (Stripe Payments). The Client pays fees according to the billing period and the selected payment method.
  3. When placing an Order in the Service, the Client accepts the method of paying the price from among the available options, i.e.:
    1. fast online payment through the Przelewy24 online payment service;
    2. PayPal;
    3. GPay; Google Pay; Shop Pay;
    4. payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
  4. The Provider issues electronic invoices and sends them to the e-mail address given for the Account or makes them available in the Account. The Client accepts receiving electronic invoices.
  5. If a payment cannot be collected, the Provider may retry the collection, limit access to paid features after a prior request for payment and, after an additional period of not less than 7 days has expired without effect, suspend the Service or terminate the Contract.

§ 10. Maintenance of the Service, Technical Breaks and changes

  1. The Provider exercises due diligence to ensure the availability of the Service, but does not guarantee uninterrupted and error-free operation of the Service.
  2. The Provider may carry out maintenance work, updates, repairs and upgrades that temporarily limit availability. Where possible, it gives advance notice of planned significant Technical Breaks.
  3. The Provider may change the features of the Service, in particular for reasons of security, technological development, legal or operational changes. A change that significantly limits paid functionality will not be introduced without a justified reason. The Provider will give appropriate advance notice of it.

§ 11. Client Content

  1. The Client retains the rights to the Client Content. Upon entering it, the Client grants the Provider a non-exclusive, free licence for the term of the Contract, to the extent necessary to host, process, display, technically reproduce and make available the Client Content in order to provide the Service.
  2. The Client ensures that the Client Content is true, complete, up to date, lawful and does not infringe the rights of third parties. The Client bears full responsibility for its publication, translations, language versions and updates.
  3. The Client is responsible for the legality and completeness of the information made available on the Label after the QR Code is scanned.
  4. The Service does not constitute legal, tax, regulatory or technological advice, is not a Label compliance certification service and does not guarantee that the legal requirements of every market are met. Verifying the obligations concerning wine, labelling, allergens, nutritional values, certificates and languages is the Client's responsibility.
  5. It is prohibited to supply unlawful Client Content, including content infringing intellectual property rights, personal rights, trade secrets or personal data protection laws, or content that is misleading.

§ 12. Intellectual property

  1. The rights to the Website, the Service, the software, the interface, the databases, designs, marks and materials of the Provider belong to the Provider or its licensors.
  2. All economic copyrights and related rights to the Website, its source code, interface and software functionality are the intellectual property of the Provider. The Client only obtains a licence to use the Website on the terms set out in the Terms.
  3. For the term of the Contract, the Provider grants the Client a non-exclusive, non-assignable and non-transferable licence to use the Service solely for the purposes of its own business, in accordance with the selected Plan and the Terms.
  4. In particular, the Client may not copy, decompile, modify, make available for a fee, resell or circumvent the technical limitations of the Service, except where expressly permitted by mandatory law.

§ 13. Personal data and Privacy Policy

  1. The rules for processing personal data are set out in the Privacy Policy, available at vinowacje.eu/privacy.
  2. The Terms apply to the processing of personal data only supplementarily, unless the Privacy Policy provides otherwise.

§ 14. Suspension and termination of the Contract; data after termination

  1. The Provider may immediately suspend access to the Account or terminate the Contract with immediate effect if the User or a Collaborator grossly breaches the Terms, supplies unlawful content, compromises the security of the Service or uses the Service in a way that endangers the Provider or third parties.
  2. Where justified and possible, the Provider will first ask the Client to remedy the breach within a set time limit.
  3. Before access ends, the Client should export the available data from the Account. After the Contract ends, the Account will become inactive and the labels will remain visible to the User for a maximum of 90 days from the end of the Subscription. The Provider may delete the Client Content after the end of the Subscription, except for data whose storage is required by law or necessary to defend against claims.

§ 15. Liability and force majeure

  1. The Provider's liability for non-performance or improper performance of the Contract is limited to actual damage and to the total amount of net fees paid by the Client for the Service in the 12 months preceding the event giving rise to the claim.
  2. To the extent permitted by law, the Provider is not liable for the Client's lost profits, loss of revenue, data or reputation, indirect or consequential damage, for the consequences of using the Client Content or QR Codes, for loss of data resulting from the Client's lack of backups, or for damage resulting from the operation of third-party software.
  3. The limitations do not apply to damage caused intentionally or to liability that cannot be effectively limited under mandatory law.
  4. Neither Party is liable for failure to perform an obligation caused by force majeure, i.e. an external event that could not be foreseen or prevented. The Party affected by force majeure will notify the other Party without delay.

§ 16. Complaints about the Service

  1. Complaints about the operation of the Service should be sent to: contact@vinowacje.eu with the subject "Vinowacje complaint".
  2. The complaint should contain the Client's data, the Account identifier, a description of the problem, the date and time it occurred, the expected remedy and materials that help reproduce the problem.
  3. The Provider will consider the complaint within 14 days of receiving it. If clarifying the matter takes longer, the Provider will inform the Client of the reasons and the expected date of the reply.

§ 17. Changes to the Terms

  1. The Provider may change the Terms for important reasons, in particular in the event of changes in the law, the functionality of the Service, payment methods, security requirements or the Provider's data.
  2. The Provider will announce the change through the Service, the Account or by e-mail at least 14 days before it takes effect. Changes do not affect the rights acquired by the Client in the paid Subscription period, unless they are required by law or concern security.
  3. If the Client does not accept the change, it may cancel the automatic renewal of the Subscription before the date on which the change takes effect.

§ 18. Final provisions

  1. The Contract is governed by Polish law. All disputes arising from the Contract will be settled by the common court having local jurisdiction over the Provider's registered office, unless mandatory provisions provide otherwise.
  2. The Terms are available in the Service in a way that makes it possible to obtain, reproduce and record them. The appendices form an integral part of the Terms.
  3. In matters not regulated herein, the relevant provisions of Polish law apply, including the provisions on the provision of electronic services and the provisions of the Civil Code on the provision of services.
  4. The Terms are in force from 20.10.2026.