General Terms of Service Provision

hereinafter referred to as the “General Terms”

These General Terms and Conditions govern the use of the Jaty website (the “Jaty Service”). The operator of the service and the party to the contract with the Customer is WHIPO sp. z o.o., a Polish limited liability company with its registered office at ul. Waltorni 15/1, 05-090 Dawidy Bankowe, Poland, tax identification number (NIP): 5342666118, hereinafter referred to as “Jaty”. Contact: [email protected].

Upon registration on the Website, the Customer declares and warrants that he has read and accepted the General Terms and Conditions. The general terms and conditions therefore form an integral part of the contract.

The general conditions apply to all customers.

People over 18 years of age may use the Jaty Service.

1. Subject of the contract

  1. The contract covers services provided free of charge. Registration and all website features, including browsing profiles, searching, sending hearts, matching and messaging, are free. Jaty offers the following services (see also section 3, “Jaty service and scope of services”):

    • Customer introduction to the Service database and data management;
    • Enabling contact with other Customers of the Jaty Service.

  2. The subject of the contract between the Customer and the Jaty Service Center is neither marriage matching, matrimonial mediation, nor activity aimed at establishing a partnership or marriage.

  3. Jaty is for meeting people privately. Advertising campaigns, spam and using the service for fraud are prohibited. Section 6a sets out the detailed rules.

  4. To use the Jaty Website, it is necessary to have devices that allow the use of the Internet, an e-mail mailbox and a web resource browser that allows displaying WWW pages.

2. Using the Service and concluding a contract

  1. The use of the Jaty Service requires registration. During registration, the Customer provides a first name under which they will be visible to other customers of the Service, and sets a password. The e-mail address provided is used only for contacting the Service of Jaty with the Client and is not passed on to other Clients of the Service of Jaty.

  2. By registering, the Customer accepts these General Terms and Conditions and declares that he or she is of legal age, i.e. at least 18 years of age.

  3. The contract between the Customer and the Jaty Service Center is concluded upon the Customer's registration. These General Terms and Conditions apply to this agreement. Registration is free.

  4. Jaty does not currently offer paid accounts, paid packages or subscriptions. Access to website features does not require accepting any obligation to pay.

  5. The Customer declares that the information provided during registration is accurate.

  6. Jaty may block access to the service if the Customer violates the law, the rights of third parties or the obligations set out in section 6, “Customer Responsibilities”. In the event of a serious breach of these General Terms and Conditions or the contract, Jaty may pursue remedies available under applicable law.

3. Jaty service and scope of services

  1. The provision of services by the Jaty Website begins upon registration. The Customer completes their profile, which is visible to other users of the Jaty Service.

  2. The Jaty Service allows Customers to browse and search profiles, send hearts and match. Messages can be exchanged with people the Customer has matched with (after both sent hearts), via the internal communication system of the Jaty Website. The Jaty Service may suggest profiles that may suit the Customer.

  3. Making contact and sending messages are free of charge.

  4. Jaty does not currently charge for access to website features. If the scope of services changes in the future, the Customer will be informed in accordance with applicable law and these General Terms and Conditions.

  5. Jaty Website does not guarantee that the data provided by the Customers is true.

    Jaty Website does not guarantee that the contact will be made effective during the term of the contract.

  6. Basically, the service provided by Jaty is available 24/7. Availability is estimated at 95% on an annual basis. The above value does not include interruptions related to the maintenance or update of the software or caused by factors that are not dependent on Jaty, such as unavailability of Internet services due to the fault of third parties or due to force majeure. Jaty recommends using an up-to-date browser. Where outdated or non-standard technology is used, Jaty cannot guarantee the proper operation of all services and features.

4. Mutual notifications made by the Customer and Jaty Service

  1. Jaty sends messages to the Customer in the service after logging in or to the email address associated with the account.

  2. The Customer may contact Jaty by email at [email protected] or via the contact form. For verification and protection against abuse, the Customer should write from the email address associated with the account or provide that address and their username.

5. Liability of the Jaty Website

  1. The Jaty website is not responsible in any way, within the limits consistent with applicable law, for the materials and data provided and published on the Jaty website by customers and for their truthfulness, reliability and authenticity. If we learn that the client is in breach of legal regulations; violates one or more of the rights of a third party or breaches the customer's existing obligations under clause 6, then clause 2.6 will apply.

  2. Direct contact between Jaty's Service Clients takes place only with mutual consent (see section 3 “Jaty's Service and the scope of services”). Jaty's Service is therefore not liable if no contact is made during the term of the agreement. Jaty Service makes every effort to mediate in contacts between Jaty Service Customers by ensuring appropriate technical conditions.

  3. Jaty's website is not responsible for the misuse of data and information by others, because despite the express prohibition (see point 6 “Customer's obligations”), customers may use the Jaty's website in violation of the law. Jaty's website is therefore also not responsible when the information that the Customer himself has made available to a third party is used unlawfully by a third party.

  4. Jaty does not guarantee that the service will be error-free at all times, i.e. that it will be constantly available without interruption. In particular, Jaty is not responsible for failures of technical equipment or the quality of access to services due to force majeure or events beyond Jaty's control (e.g. failure of communication networks).

  5. Jaty is not responsible for the unlawful acquisition of customer personal data by third parties, e.g. in the form of access to the database by hackers.

  6. For losses other than those resulting from the above-mentioned reasons, Jaty will be liable only in cases of intentional or gross negligence on the part of its management, employees or contractors, and such liability is proportional to the other reasons that contributed to the loss.

  7. Jaty is only liable for slight negligence in the event of damage to life, body or health or in the event that it has breached essential contractual obligations. Liability in the latter case is limited to the foreseeable, direct losses typical of this type of contractual relationship.

  8. Contractual liability is otherwise excluded.

6. Customer Responsibilities

  1. The customer is solely responsible for all data provided by him. She/he ensures that the data provided by him is correct. The customer undertakes not to provide the data of third parties as his own. Providing false data violates the provisions of the contract and the General Terms and Conditions and may require the Jaty Website to take appropriate legal steps.

    The customer undertakes to keep the data provided on the Jaty Website, in particular contact details, up-to-date.

    The Jaty website is entitled to check the content of the profile, including the posted photos, in terms of their compliance with the law, General Conditions and the contract. Jaty's website is entitled to reject, change and even delete the content of the data.

  2. Public profile descriptions must not contain contact details for communicating outside Jaty. Section 6a explains this rule and the rules for exchanging contact details privately.

  3. The Customer is obliged to treat confidential data (in particular names, home addresses, e-mail addresses, website addresses, telephone numbers) regarding e-mail, messages and notifications received from other Customers of the Jaty Website and to not to disclose this data to third parties without the consent of the data subject. It is forbidden to disclose the data of persons who are not Clients of the Jaty Website.

  4. The Customer must not use Jaty for advertising, commercial spam or recruitment to other services. Section 6a.3 sets out the rules for private messages.

  5. The Client undertakes not to use the Jaty Service for the purpose of:

    • sending unlawful or defamatory material or content that violates section 6a;
    • threats, harassment, defamation etc.;
    • obtaining money, data or access to accounts through deception, coercion or blackmail;
    • violating the rights of third parties.

    The customer also undertakes:

    • not to introduce data containing viruses (infected software) to the Website;
    • not to enter data containing software or other materials protected by copyright or industrial property rights to the Jaty Website, unless the Customer is the owner of a given right or has the necessary consent of the holder of the right to use the software or materials;
    • not to use the Jaty Website in a way that may adversely affect the availability of the Jaty Website offer to other Customers;
    • not to interfere with the computer system of other Clients, in particular not to take illegal actions related to the e-mail of other Clients.

  6. The response to a violation is determined under section 6a: removal of a description or photos and a warning, a ban, or referral for human review. These rules do not exclude remedies available under applicable law.

  7. If the Customer uses data from the Jaty Service for commercial purposes, Jaty may pursue remedies available under applicable law.

  8. The customer undertakes to release the Jaty Website from any effects of lawsuits, claims for damages, losses and receivables that arise in connection with his registration on the Jaty Website and use of it. The customer indemnifies the Jaty Service from all civil liability and from all liabilities and damages that may arise as a result of claims arising from slander or insult, and from violating the rights of other customers.

  9. The client should receive incoming messages and reply to them regularly and, if necessary, archive them on his own computer or other data carrier.

    Jaty may archive or delete older content, including messages, and delete inactive accounts.

6a. Profiles, messages and moderation rules

Jaty is for adults aged 18 and over. Below we describe which content is not allowed and how we respond to violations. Public profiles and private conversations follow different rules.

6a.1. Profile name and description

Your name and description should present you truthfully. In particular, public profiles must not contain:

  • contact details for communicating outside Jaty (e.g. phone, email, messaging apps, social media), including disguised ones;
  • sexual, vulgar or obscene content;
  • advertising, spam, recruitment to other services or offers of paid services or erotic content;
  • threats, harassment, fraud or other unlawful content.

6a.2. Profile photos

Profile photos are public and must be appropriate for a public place. In particular, nudity, sexual or obscene content, inappropriate clothing, violence and any content sexualising minors are not allowed. This also applies to drawings and computer-generated images. Photos should show you – photos of other people (e.g. public figures) and contact details placed on a photo are not allowed.

6a.3. Private messages

Private conversations between adults may be open, including exchanging contact details, flirting and sexual conversations – as long as they are voluntary and within the law. The restrictions on public profiles do not apply to private conversations.

In particular, spam, advertising, fraud and scams (e.g. obtaining money, login details or BLIK codes), blackmail, threats and harassment are not allowed – including continuing to send sexual content to someone who has clearly refused.

6a.4. Account authenticity

Impersonating other people, running automated accounts (bots) and creating additional accounts to evade a ban, send spam or mislead others are prohibited.

We may ask you to confirm that the account belongs to the person in the photos, for example when the connection location does not match the city in the profile. Until verification, sending messages may be restricted, and failing or refusing verification may result in the account being blocked.

6a.5. How we use AI

We use artificial intelligence tools that check descriptions, photos, messages and account activity to detect violations. Decisions may be made automatically or by a moderator.

AI can make mistakes – so you can appeal any decision, and appeals are reviewed by a human (section 6a.7).

6a.6. Responses to violations

Depending on the severity of a violation, we may remove content (a description or photos), issue a warning or block the account (ban). A serious violation, or a repeated violation after a warning, may result in a ban. We assess content in context, not isolated words. A ban blocks access to the account. People who had a pair or conversation with a blocked account receive a notification about the block on the site, together with the name or nickname and a thumbnail of the profile photo, without the reason for it. The notification is removed if the block is lifted.

6a.7. Reports and appeals

We notify you of a warning or ban by email. You can report a violation or appeal a decision by emailing [email protected]. Appeals are free and do not require logging in.

Include your username or account email and explain why you disagree with the decision. Do not send your password. Appeals are reviewed by a human who can change the decision. We communicate the outcome by email.

Information about the data used in moderation is available in the privacy policy.

7. Information on data protection, data processing and cookies

Information about the processing of personal data can be found in our privacy policy.

8. Termination of the contract and cessation of services

8.1. Termination

The contract for using the Jaty Service is free of charge and begins when the Customer registers.

The Customer may terminate the contract at any time without giving a reason by deleting their account in the account settings (“Delete account”). For 30 days, people the Customer had a pair or conversation with see a notification about the account deletion, together with the name or nickname from the profile. When an account is deleted, we keep only general information for statistical purposes – gender, age, city and the stated reason for leaving – in a form that cannot be linked to a specific person.

Jaty may terminate the contract with 14 days’ notice. Jaty may also terminate the contract at any time in the circumstances specified in these General Terms and Conditions and the contract.

8.2. Duration of the contract

The contract continues until terminated by the Customer or Jaty in accordance with these General Terms and Conditions. Jaty does not currently use paid subscriptions, automatic renewals of paid services or trial subscriptions.

8.3. Cessation of services

Jaty may discontinue some or all of its services. Jaty will inform the Customer about the planned cessation and its scope at least 14 days in advance.

9. Complaints

  1. The Customer may submit complaints by email or post to:

    WHIPO sp. z o.o. – Jaty, ul. Waltorni 15/1, 05-090 Dawidy Bankowe, Poland, tax identification number (NIP): 5342666118
    Email: [email protected]

  2. A complaint should describe the problem, provide information allowing the Customer’s account to be identified and state the requested resolution. We respond to complaints within 14 days of receipt.

    The Customer may give Jaty five working days to restore the proper operation of the service. If the problem is not resolved within that period, the Customer may terminate the contract.

    Complaints may concern the operation of the Jaty Service, including individual features. These General Terms and Conditions do not limit the Customer’s rights under mandatory provisions of applicable law.

10. Copyright

  1. All rights to the Jaty Website's programs, procedures, software content, technologies, brands, trade names, inventions, materials and any other intellectual property rights that are part of the Jaty Website are vested solely by the Jaty Website. The use of any programs and their content, materials, brands and trade names is allowed only for the purposes indicated in these General Terms and Conditions. Reproduction of programs, benefits, procedures, software, technologies, brands, trade names, inventions and materials belonging to the Jaty Website is prohibited, unless expressly permitted by the Jaty Website.

11. The right to withdraw from the contract, information on the exercise of the right to withdraw from the contract

Right of withdrawal

The customer has the right to withdraw from the contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of the conclusion of the contract.

To withdraw from the contract, send a clear statement of your decision by post to WHIPO sp. z o.o. – Jaty, ul. Waltorni 15/1, 05-090 Dawidy Bankowe, Poland, tax identification number (NIP): 5342666118, or by email to [email protected]. Sending the statement before the withdrawal period expires is sufficient to meet the deadline.

Consequences of withdrawal

In the event of withdrawal, the contract is treated as if it had not been concluded and access to the account ends. Instead of sending a statement, you can also simply delete your account. The privacy policy describes the processing of personal data after use of the service ends.

12. Change of the General Conditions

  1. The General Conditions contained in the Regulations may be amended if they do not affect the essential provisions of the contractual relationship and that such a change is necessary in order to adapt issues not provided for at the time of the conclusion of the contract, which would significantly breach the balance of the contractual relationship should they remain unaccounted for. “Essential provisions” are in particular those relating to the type and scope of the contractually agreed services and their duration, including the provisions governing their termination. Further modifications or additions to the Regulations may take place if it is necessary to solve difficulties related to the performance of the contract, caused by gaps arising after the conclusion of the contract. In particular, this may be the case when the legislation is changed and it affects one or more points of the Regulations.

  2. The specifications for the services may be changed if there is a justified need, provided that these changes do not result in an objectively less favorable situation for the customer (e.g. the need to service or improve the functionality of the website) than it was caused by the specifications of services in force at the time of concluding contract and they do not differ significantly from the previous specifications. A justified need to make changes occurs when technical innovations are available on the market or when third parties, from whom Jaty obtains advanced services necessary for the proper functioning of the website, change the scope of their services.

  3. The customer must be informed of the changes to the Regulations and the specifications of the services in accordance with paragraph 12. (1) and (2) at least six (6) weeks before their entry into force. If the Customer does not accept the changes, they may terminate the contract by deleting their account before the changes take effect. Otherwise, the changes will become part of the contract when they come into effect. The customer will be expressly notified of this effect via a notification of the changes.

13. Others

  1. Jaty has the right to commission third parties, who are its service providers and contractors, to provide part or all of the scope of the services provided, provided that this does not cause any disadvantages to the client.

  2. If individual provisions of these Terms and Conditions or the contract are or become invalid, the validity of the remaining provisions shall remain binding on the parties.

  3. The applicable law in the relationship between the Customer and Jaty's Website is Polish law, subject to the mandatory provisions of the EU Regulation No. 593/2008.

  4. These General Terms and Conditions do not exclude or limit the Customer’s rights under mandatory provisions of applicable law.

  5. The owner and operator of the Jaty Service is WHIPO sp. z o.o., a Polish limited liability company with its registered office at ul. Waltorni 15/1, 05-090 Dawidy Bankowe, Poland, tax identification number (NIP): 5342666118.