Terms of service
Updated: April 29, 2023
1) ABOUT US
- 1. Cutt.ly (cutt.ly) is owned by PATRYK RUMIŃSKI, doing business as WEB ROOM STUDIO PATRYK RUMIŃSKI from its principal place of business in Gdańsk, registered with the Polish Central Business Records and Information Service maintained by the minister in charge of economic affairs, whose business address and the address for service is ul. Śląska 15A/9, 80-384 Gdańsk, tax identification number: (NIP/VAT-EU) PL7431817809, business identification number: REGON 220981298, e-mail address: [email protected] (hereinafter “the Service Provider”).
- 2. The Service Provider operates the Website and is responsible for the proper provision of the Website’s Electronic Services. In addition to the Service Provider, the Website features Customers, i.e. third parties independent of the Service Provider who can use the Website’s Electronic Services via the Website.
- 3. Personal data processed on the Website to implement the provisions hereof is administered by the Service Provider. Such personal data is processed for the purposes, for the duration, and based on the principles and rules specified in the privacy statement published on the Website. Among other things, the privacy statement lays down how personal data is processed by the Administrator on the Website, including the framework, purposes, and processing duration of personal data and the rights of data subjects, as well as informs on what cookies and analytical tools are used on the Website. Use of the Website is voluntary. Disclosure of personal data by the Website’s user is also voluntary, save for the exceptions indicated in the policy statement (signing the contract and the Service Provider’s statutory obligations).
1. The definitions used throughout these Regulations have the following meanings:
- a. SUBSCRIPTION – paid access to the subscription-based Premium Account as set out in the terms and conditions of the App Regulations and the Pricelist.
- b. BLOG – an Electronic Service, a web blog available on the Website to its Customers which contains articles describing how shortened links can be used in practice.
- c. PRICELIST – a pricelist for the use of the Website’s functionalities by Sellers, which is attached to these Regulations.
- d. WORKING DAY - one day between Monday and Friday, save for public holidays.
- e. CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
- f. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s data communication system where data provided by the Customer and information on Shortened Links is gathered, identified with an individual name (login) and password assigned by the Service Provider.
- g. NEWSLETTER – an Electronic Service enabling all Customers to automatically receive successive newsletter issues with information on novelties.
- h. REGULATIONS – these Website Regulations.
- i. WEBSITE, SITE, CUTT.LY – Service Provider’s website available on https://cutt.ly.
- j. LINK SHORTENING – an Electronic Service enabling all Customers to reduce the length of the selected link.
- k. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Website as set forth herein.
- l. USER, CUSTOMER – an individual having full legal capacity and, where so stipulated under generally applicable laws, also an individual with limited legal capacity who uses or is going to use an Electronic Service.
- m. SERVICE PROVIDER – PATRYK RUMIŃSKI, doing business as WEB ROOM STUDIO PATRYK RUMIŃSKI from its principal place of business in Gdańsk, registered with the Polish Central Business Records and Information Service maintained by the minister in charge of economic affairs, whose business address and the address for service is ul. Śląska 15A/9, 80-384 Gdańsk, tax identification number: (NIP/VAT-EU) PL7431817809 , REGON: 220981298, e-mail address: [email protected]
- n. CONSUMER RIGHTS ACT, ACT – Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).
3) ABOUT CUTT.LY
- 1. Cutt.ly is a portal that makes it possible for Customers, among other things, to shorten links referring to other webpages, to manage their links, to follow click statistics and to optimize their links by changing their name or address, as well as to add their own domains and create short links within such domains. The Website’s functionalities are listed in detail on: https://cutt.ly/pro-pricing or https://cutt.ly/url-shortener-features.
4) GENERAL TERMS AND CONDITIONS FOR USE OF THE WEBSITE
- 1. The Customer is obligated to use the Website in a legitimate way and in accordance with good manners while respecting the Service Provider’s and third parties’ personality rights, copyrights, and intellectual property rights. The Customer is obligated to provide his or her actual details. The Customer is not permitted to provide any illegitimate content.
- 3. The Service Provider complies with article 14 clause 1 of the Provision of Electronic Services Act of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended) whereby who, making available resources of its data communication system for the customer to store his or her data, is not aware of the illegitimacy of such data or any related activity and prevents access to such data after being officially notified of or becoming aware of the illegitimacy of such data or any related activity shall not be held liable for such stored data.
5) ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE
- 1. Every Customer can use the Website as set forth herein.
2. The Customer can use the following of the Website’s Electronic Services:
- a. Blog
- b. Account
- c. Newsletter
- d. Link shortening and management of shortened links
- 3. A detailed description of the Electronic Services and how to use them can be found herein and on the Website.
- 4. Where not specified otherwise on the Website, Customers use the basic features of the Electronic Services free of charge. Subscription-based options are available against payment, which is in each case specified on the Website.
- 1. The Blog available on the Website can be used free of charge and accessed by every Customer.
- 2. The mere browsing of the Blog is possible once you enter the appropriate tab of the Website.
- 3. The Customer can, at any time and without having to state the reason therefor, stop browsing the Blog by closing the web browser.
- 1. Account – the Account can be used after all of the following three steps are made by the Customer: – (1) the Registration Form is completed, (2) the Create Account field is clicked; and (3) the willingness to open an Account is confirmed by clicking the confirmation link automatically sent to the designated e-mail address. The Customer has thirty days to confirm the creation of the Account; upon expiry of this period, his or her details will be deleted. In the Registration Form, the Customer has to fill in the following of his or her details: e-mail address and password. The registration is also possible by using your Facebook, Twitter and Google login data.
- 2. Use of the basic features of the Account is available free of charge. Use of the additional options offered on the Website is available against payment and is possible after the Subscription is bought as set forth in the Pricelist. The Subscription is a service delivered by the Service Provider to the Customer for an indefinite period of time. Depending on the Customer’s selection, the billing period is either one month or one year starting from the date on which the Customer obtains access to the Account.
- 3. The Subscription can be bought via the relevant tab of the Website. The fee for using the subscriptionbased Account is charged in accordance with the Pricelist. The Customer is obliged to pay for the current Subscription period in advance. If the Subscription is not terminated before its expiry, it is automatically renewed by the same period. During the new subscription period, the Customer has access to paid functionalities from the moment they pay for the new period.
- 4. The Customer may, at any time and without specifying reasons, resign from the extension of the Subscription for the next subscription period by selecting the relevant option on the Website. In such an event, the Customer continues to have access to paid functionalities until the end of the ongoing subscription period.
- 5. The Customer can cancel the Subscription extension by going to their account settings, then to the subscription management section, and clicking the "Cancel Subscription" button. Then, a message will be displayed to the recipient indicating the effective date of the cancellation. Upon the recipient's confirmation of this message, the cancellation of the Subscription extension becomes effective. The service provider will not charge any payment for the next billing period.
- 6. During the ongoing subscription period, the Customer may upgrade or downgrade their subscription plan, with every downgrade of the Subscription having effect only at the end of the ongoing subscription period. If the subscription plan is upgraded, the Customer is obliged to pay the difference in price. The subscription plan is upgraded immediately, but not earlier than after the balance is credited to the Customer’s account. Shorter subscription periods (e.g. when an average annual plan is upgraded to the highest monthly plan) are upgraded immediately, but the balance resulting from a shortened subscription period is shown in the Account as a credit to use when extending the Subscription to another period.
- 7. All the Subscription prices shown in the Pricelist are denominated in U.S. dollars (USD), and are inclusive of all applicable taxes.
8. The Service Provider reserves the right to suspend the Customer’s account in any of the following events:
- a. if, despite being warned by the Service Provider and learning the reasons of such warning, the Customer remains in breach of these Regulations or any other generally applicable laws;
- b. a. if, despite being warned by the Service Provider and learning the reasons of such warning, the Customer’s conduct is harmful to the Service Provider’s or the Website’s reputation.
- 9. The Account may be suspended either for a fixed period specified by the Service Provider or for an indefinite period of time. When the Account is suspended, you cannot use any of its functionalities. When the Account is suspended, the Customer is obliged to remove the reasons for its suspension, and after such reasons are removed, to immediately notify the Service Provider thereof. The Service Provider reactivates the Account once the reasons for its suspension do not exist anymore, but not later then within 10 Business Days.
- 10. If the Account is suspended and the subscription reasons are not removed for more than 30 days, the Service Provider may terminate the Electronic Service contract by giving a seven days’ notice to the Customer.
8) PAYMENT METHOD AND ACCESS TO SUBSCRIPTION
- 1. The Service Provider enables the Customer to pay for the functionalities offered as part of the Subscription as follows: payment by credit card via Adyen.com https://adyen.com.
- 2. Electronic payments and payments by card are handled by Adyen.com - Adyen BV with headquarters in 1011 EB Amsterdam, Simon Carmiggeltstraat 6-50, Amsterdam, Netherlands. (CC Amsterdam 34259528, VAT UE: NL817154243B01).
- 3. The Customer is obliged to make payment immediately, but not later than before the start of the selected billing period. Access to paid functionalities offered under the Subscription is enabled in each billing period provided that it has been paid for.
- 1. The Newsletter can be used after you enter in the Website’s Newsletter tab your e-mail address to which successive Newsletter issues should be sent and click the confirmation link sent to your designated e-mail address. The Customer has thirty days to confirm his or her subscription to the Newsletter; upon expiry of this period, his or her details will be deleted.
- 2. The Newsletter Service is provided free of charge for an indefinite period of time. The Customer can, at any time and without having to state the reason therefor, cancel (give up) his or her subscription to the Newsletter by submitting a relevant request to the Service Provider, in particular by sending an e-mail to [email protected] or by writing to ul. Śląska 15A/9, 80-384 Gdańsk.
10) SHORTENING LINKS, ADDING YOUR OWN DOMAINS AND CREATING SHORT LINKS WITHIN SUCH DOMAINS
- 1. The Link shortening service can be used after you enter a link in the edit field and click the action field.
2. Among other things, the Customer can:
a. use an API with their own domain;
- b. set redirects pointing to their own domains (redirects to the homepage and 404 page)
- c. redirect mobile links, i.e. set the final redirect depending on the mobile system in use: iOS, Android, Windows Phone;
- d. change the source of the shortened link;
- e. create links that are available only after entering a password;
- f. delete any shortened links;
- g. create shared accounts and invite others to the account, as well as create and manage groups;
- h. generate link lists as CSV files;
- i. monitor the site status, including any maintenance breaks or failures.
11) DISABLING AND REMOVING LINKS FROM THE DATABASE
1. The Service Provider can disable, remove or block links, custom domains and subdomains that:
- have been put on any blacklist;
- have been reported to be suspicious (after we find the report to be right);
- contain more than one redirect;
- have been reported as potential malicious/spam, etc.;
- contain unacceptable contents (pornography, violence, etc.);
- redirect to content that does not comply with the DMCA Act;
- violate the rights of third parties;
- violate these Regulations.
12) HOW TO CONTACT US
- Regular distant communications with you are primarily ensured by the Website’s contact form, e-mail (e-mail: [email protected]), which you can use to exchange information with the Service Provider on how to use the Website. Customers can also contact us using other methods permitted by law.
13) COMPLAINTS ABOUT THE WEBSITE AND ELECTRONIC SERVICES
- 1. Complaints regarding the functioning of the Website and Electronic Services can be filed by Customers using the Website’s contact form, by e-mail (e-mail: [email protected]), or by traditional mail (ul. Śląska 15A/9, 80- 384 Gdańsk).
- 2. The Service Provider recommends including the following in the complaint description: (1) information on the complaint subject and the related circumstances, in particular the type and date of any malfunction;(2) the Customer’s demand; and(3) the complaining party’s contact details to make it easier and faster for the complaint to be processed by the Service Provider. The requirements specified in the foregoing sentence are recommendations only and do not affect the efficacy of the complaint filed otherwise than recommended.
- 3. Detailed provisions regarding the Electronic Service constituting a digital service within the meaning of The Consumer Rights Act is defined by the provisions of the Consumer Rights Act as amended in force from January 1, 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Service Provider's liability towards the consumer, in the event of non-compliance of the service with the offer.
- 4. The Service Provider will state its position on the complaint immediately, but not later than within fourteen calendar days of its receipt.
14) WITHDRAWAL FROM THE CONTRACT BY CONSUMERS
- 1. This section of the Regulations applies only to Customers who are consumers and to the distant contracts with the Service Provider they may enter into.
- 2. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts (1) for the provision of services for which the consumer is obliged to pay the price, if the Service Provider has performed fully service with the express and prior consent of the consumer, who has been informed before the start that after the service is provided by the Service Provider, he will lose the right to withdraw from the contract, and accepted it's for your attention; (2) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price if the Service Provider has started the service for a clear and prior consent of the consumer who was informed before the start of the service that after fulfillment of the service by the Service Provider will lose the right to withdraw from the contract, and has acknowledged this, and the Service Provider provided the consumer with the confirmation referred to in Art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act
- 3. Subject to clause 14.2 hereof, the consumer who has entered into a distant contract may, within fourteen calendar days, withdraw from such a contract without having to state the reason therefor and incur any costs whatsoever, save for the exception described in this clause. To meet the withdrawal deadline, it is sufficient to send a relevant statement before the expiry thereof.
- 4. The withdrawal period starts from the signing date of the contract.
- 5. All statements sent to the Service Provider in connection with exercising your right to withdraw from the contract may be made using the contact details indicated in clause 11 hereof.
- 6. The provisions of this clause 14 of the Regulations relating to the consumer are applicable from January 1, 2021, and for contracts signed thereafter, also in relation to Customers who are private individuals signing a contract that is directly associated with their business provided that such a contract does not seem to be related to their business, in particular to the principal activities of such individuals as disclosed under the Polish Central Business Records and Information Service regulations.
15) OUT-OF-COURT RESOLUTION OF COMPLAINTS AND SETTLEMENT OF CLAIMS. RULES OF ACCESS TO THESE PROCEDURES
- 1. This section of the Regulations applies only to Customers who are consumers.
- 2. Details of how the Customer being a consumer can use and access out-of-court resolution of complaints and settlement of claims are available from the Office of Competition and Consumer Protection’s website: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
- 3. The President of the Office of Competition and Consumer Protection also runs a point of contact (phone: 22 55 60 333, e-mail: [email protected] or mail address: Pl. Powstańców Warszawy 1, 00-030 Warszawa) whose aim is, among other things, to provide consumers with assistance regarding out-of-court resolution of consumer disputes.
- 4. For instance, the consumer can use the following procedures for out-of-court resolution of complaints and settlement of claims: (1) dispute resolution application to the Permanent Consumer Arbitration Court (more details on the website: http://www.spsk.wiih.org.pl); (2) dispute resolution application to the Provincial Inspectorate of Trade (more details on the website of the inspectorate with jurisdiction over the Vendor’s principal place of business); and (3) assistance from a district (municipal) consumer ombudsman or social organization whose statutory objectives include consumer protection (including, but not limited to: Consumers’ Federation, Polish Consumers’ Association). Among other things, advice is provided can be requested by sending an e-mail to [email protected] or calling the consumer hotline 801 440 220 (the hotline is open on working days between 8:00 a.m. and 6:00 p.m., call cost depending on your call plan).
- 5. On the site https://ec.europa.eu/consumers/odr, you can find a platform for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive multi-language website offering comprehensive assistance to consumers and entrepreneurs who would like to resolve their contractual disputes arising from online purchase or services contracts out of court (more details on the platform’s website or that of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
- 1. The copyrights and intellectual property rights to the Website as a whole and to any part thereof, including any content, artwork, piece of work, pattern, and trademark displayed as part thereof, are owned by the Service Provider or other eligible third parties, and are subject to copyright and other generally applicable laws. The protection granted to the Website comprises all forms of their expression.
- 2. Trademarks owned by the Service Provider and third parties should be used in accordance with applicable laws.
17) FINAL PROVISIONS
- 1. Contracts concluded through Cutt.ly are made in the English language. In case of any discrepancies or conflicts in the meaning of any part of the regulations or pricing in a language other than English, the English language version shall be binding.
- 2. These Regulations come into force as soon as they are published, i.e. posted in its entirety on the Website.
3. The Service Provider reserves the right to amend the Regulations for cause, i.e. due to legislative changes
or changes in the scope or form of the Electronic Services insofar as such changes might affect the
implementation of the provisions hereof.
- a. For subscription contracts signed hereunder (e.g. subscription of the Newsletter Service), the Customer is bound by the revised Regulations if the requirements specified in articles 384 and 384 of the Civil Code are fulfilled, i.e. the Customer has been properly notified of the revision and has not terminated the contract within fourteen calendar days of being notified. If the revision of the Regulations results in the introduction of any new fees or an increase in the existing ones, the Customer being a consumer is entitled to withdraw from the contract.
- b. For non-subscription contracts signed hereunder (e.g. purchase contracts), changes in the Regulations will not in any way affect the rights Customers being consumers have acquired before the effective date of the revision, in particular no change in the Regulations will affect any of the existing or pending purchase orders, or any contracts signed, performed, or carried out.
- 4. All matter not provided for herein shall be governed by the generally applicable provisions of Polish law, in particular the Civil Code, the Provision of Electronic Services Act of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended), the Consumer Rights Act, and other generally applicable laws.
- These Regulations do not exclude the provisions applicable in the contracting Customer’s place of usual residence which cannot be excluded by means of a contract. In such an event, the Service Provider provides the Customer with the same protection as ensured under the regulations that cannot be excluded by means of a contract. We thank you for having carefully read these Regulations!
- If you have any questions, we are always at your disposal – please contact directly your Account Manager or use the contact details first written above.
- Feel free to use our services.