FamilySpace is a private social network platform dedicated for families and relatives. The platform is intended to keep families connected and organized, a place for sharing photos and videos, as well as scanning and enhancing photos directly within the app. These Terms and Conditions stipulate the fundamental rules of using FamilySpace. By agreeing to these Terms and Conditions you enter into a legally binding Agreement with FamilySpace Sp. z o.o. and you oblige to conform with Terms and Conditions (the Agreement). The Terms and Conditions apply to all Users of FamilySpace platform, who access it by the App: FamilySpace.
The following definitions have the same meaning regardless of whether they appear in a singular or in plural form. For the purpose of this Agreement, the following terms have been defined as:
Agreement – refers to the Agreement executed by and between Service Provider and the User in the moment of starting using the FamilySpace, provisions of which are stipulated in this Terms and Conditions;
App – refers to a mobile app provided by the Service Provider, which is used by Users to access the FamilySpace, create the User’s Account, or use other Services;
App Store – the app store where the User can download the App, for example, Google Play Store or Apple App Store;
Family Circle – the family or relatives’ group to contact each other within the FamilySpace platform.
FamilySpace – refers to the platform FamilySpace provided by the Service Provider, accessible by the App: FamilySpace, which consist in providing access to the User’s Account and the Services;
Consumer – Subscriber who is a natural person using Subscription for a purpose not directly related to its business or professional activity;
Service Provider – (also the Company) refers to a Polish company: FamilySpace Sp. z o.o., with its registered office in Warsaw (00-105), Poland, at ul. Twarda 18, entered into the register of entrepreneurs kept by the District Court for Warsaw, XII Commercial Division of the National Court Register, under KRS (National Court Register) 0000939133, NIP (Tax Identification No.): 525-288-34-15;
Services – refers to services provided by the Service Provider by FamilySpace app, in particular: providing access to the User Account creation and authentication, subscription management and providing access to any other service offered by the Service Provider with connection to the FamilySpace app to the Users;
Subscriber – the User who orders the Subscription;
Subscription – refers to the additional, paid services offered and provided by the Service Provider by the App. For more details regarding Subscriptions, especially the terms of payment, see applicable terms and conditions of the App Stores;
User – refers to a person who uses FamilySpace by the App;
User’s Account – refers to an account created by the User by the App that enables the creation of the User’s profile.
Website – refers to a website administered by the Service Provider, by which the Service Provider provides some of its Services, accessible from www.familyspace.io;
1. GENERAL PROVISIONS
- Using the FamilySpace platform the User gets access to the FamilySpace app.
- FamilySpace app consists of activity stream, media gallery, User’s profile and other services defined in the App.
- To use the FamilySpace app, the User needs access to the Internet.
- Registering is free. To register, the User needs to accept and comply with the rules set out in these Agreement.
2. CREATING USER’S ACCOUNT AND FAMILY CIRCLE
- To create the User’s Account, the User needs to register the Account. The minimum age for creating the Account is thirteen.
- Users can create a User’s Account using the features of the App free of charge.
- Users can be members of more than one Family Circle.
- When creating the Circle a User becomes its owner in the role of Circle Administrator. When a Circle is established, Users can invite new family members by using their email address or by generating an invitation link and sharing it with any available communication channel (SMS, WhatsApp, etc.) The User can be a Family Circle Administrator only for one Family Circle. Users can also receive an invitation to the Circle even if he/she already belongs to the one (or more). This way Users can become members of multiple Family Circles. In all Family Circles Users have the same role except the Family Circle User Administrator.
- Family Circle Administrators role allows that User to set Circle name and Circle logo, remove any User from the Circle , block any User – with the “read on” account status for that User.
- User’s Account is public for all app Users from the same Family Circle and is not visible for other Users of the app out of dedicated Family Circles the User is Administrator or a Circle member.
- Each User invited to any Circle can see the Family Circle name and logo and all Users that belong to the Circle. Additionally, everyone can see the current Family Circle subscription plan and the plan utilization (storage used, number of members used).
- Any User can invite new members to the Circle .
- Clinking the invitation link opens the Welcome screen to authenticate a new User, or if the User was already logged in will be redirected to the newly joined Family Circle view and an appropriate notification will be displayed.
3. ACCOUNT MANAGEMENT
- The User shall endeavour to prevent unauthorized use of the prescribed information necessary for account registration (including, but not limited to a name, e-mail address and password) and shall be fully responsible for managing such information.
- The Users may not assign or lend their accounts to a third party under any circumstances.
- The User is solely responsible for any actions performed in the Services under his/her username and password.
4. DETAILS OF THE SERVICE
- The Service allows the User to access: User’s profile view and management, Family Circle view and management, creating invitations for other Users, activity stream access, post creation and management, media gallery access, smart and push notifications, photo, and video sharing, as well as photo scanning and enhancing.
- Photo and video sharing allows one to create an electronic photo album containing a collection of photos and videos taken or scanned, and comments made, by him/her, to share such electronic photo album with other Users within Family Circles, whom he/she has invited, and to achieve mutual communication through comments and reactions.
- FamilySpace allows users to scan, upload, enhance, share, and store photos taken from old photo albums, shoeboxes, slides, paintings, images, negatives or any other physical or digital storage.
5. USER RESPONSIBILITIES
- The Users shall, at their own responsibility and discretion, use the Service.
- The User solely responsible for obtaining, paying for, repairing, and maintaining all the equipment, software, hardware, and services required for getting access to and using the Services. FamilySpace does not guarantee continuous, uninterrupted, or secure access to the Services, or that the Services, or any portion thereof, will function on any hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and may be interfered with by numerous factors outside or within FamilySpace’s control.
- The Users shall take security measures for the purpose of preventing mobile virus infection, unauthorized access, and information leakage, etc. according to their own usage environment.
- The Company shall not be involved in or liable for the Users’ usage environment.
6. PAYMENTS AND SUBSCRIPTION
- FamilySpace offers certain enhanced features of the Services which you can purchase as a monthly, yearly or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription (a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that FamilySpace may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Google Play Store or Apple App Store) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on FamilySpace until accepted and confirmed by FamilySpace. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
- If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with FamilySpace.
- FamilySpace reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances FamilySpace deems appropriate in its sole discretion. FamilySpace also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). FamilySpace will either not charge you or refund the charges for orders that we do not process or cancel.
- All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) for monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. Purchasing your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period, and you will continue to receive the Services ordered until the end of your current Subscription period.
- FamilySpace reserves the right to change its pricing terms for Subscriptions at any time and FamilySpace will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to FamilySpace’s pricing terms, then you may choose not to renew your Subscription in accordance with the instructions in the Terms and Conditions.
7. LICENSE AND LIMITATIONS OF USE
- Subject to the terms and conditions set forth herein, FamilySpace hereby grants the User, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to: (i) allows to download, install and use one copy of the App on each mobile device that User own for use and access of the Services, and (ii) make personal non-commercial use of the Services, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof. Any rights not expressly granted herein are reserved by FamilySpace.
- The User undertakes to use the Services solely for his/her own personal and non-commercial use and for no other purpose whatsoever. Except as specifically permitted herein, the User agrees not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of his/her rights and obligations under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy, all or any part of the Services or the FamilySpace IPR (as defined below); (iii) link to, mirror, or frame any portion of the Services; (iv) make use of the Services or distribute any part thereof in any jurisdiction where same are illegal or which would subject FamilySpace or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) visit or access the Services through, or use with the Services any, unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of the Services; (viii) access the Services in a manner that utilizes resources more heavily than would be the case for an individual person for example through storage in excess of what would be reasonable for a personal photo or video collection and use of bandwidth in excess of what could be used via normal usage, (ix) publish, send, or facilitate the sending of any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (x) distribute, upload, transmit, submit, publish, send, or facilitate the sending of inappropriate, inaccurate, misleading, pornographic, fraudulent, libellous, defamatory, offensive, threatening, vulgar, obscene, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy or publicity; (xi) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of, the Services and/or any other software available on the Services or create derivative works thereof; (xii) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself; (xiii) attempt to obtain private information from other users in any form or manner whatsoever; (xiv) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; (xv) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (xvi) interfere with or damage the Services, including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services; (xvii) remove any copyright, trademark or other proprietary rights notices contained in or on the Services; and/or (xviii) remove, change or modify any trademarks from or attach any additional trademarks to the Services; (xix) breach or circumvent any applicable laws or regulations, Agreements with third parties, third parties rights or pursuant to our Terms.
- Subject to applicable law, in particular law applying to the Users from the European Union, FamilySpace is provided ‘as is’ and the Service Provider makes no representations regarding the availability, security or reliability of the FamilySpace.
- Service Provider reserves a right to stop providing ongoing support or maintenance of the FamilySpace platform. In case Service Provider decides to cease supporting FamilySpace, the User may lose access to the Account and User’s news feed and media gallery, even without warning.
- Subject to applicable law, in particular those applying to the Users from EU, the aggregate liability of service provider and their respective affiliates and licensors under this Agreement shall be limited to the amount paid by User or subscriber during the twelve-month period immediately preceding the date the claim. To the maximum extent permitted by law, service provider shall not be liable for any indirect, incidental, consequential, special, reliance or punitive damages or lost or imputed profits or royalties, lost data or cost of procurement of substitute goods or services, whether for breach of contract, warranty, tort, statutory remedy or any obligation arising therefrom or otherwise and irrespective of whether either party has advised or been advised of the possibility of any such loss or damage. User and subscriber hereby waives any claim that these exclusions deprive them of an adequate remedy
- The User has a right to submit a complaint regarding the quality of the Services or any other matter to the Service Provider, at any time, by sending an e-mail to the address: firstname.lastname@example.org. The complaint will be considered by the Service Provider as soon as possible, not later than 14 days from the receipt.
10. VIOLATION AND TERMINATION OF THE AGREEMENT
- User’s must not use FamilySpace to create content that infringes the rights of anyone else. For example, it is forbidden to create content, which:
- violates the terms of this Agreement or provisions of law;
- is or may be considered racist, discriminatory, abusive, defamatory, or offensive;
- encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- It is forbidden to use FamilySpace to:
- upload or share any files that contain a malicious code, that may in any way damage or interfere with the operation of the FamilySpace app or any software used by the Users;
- reverse engineer, derive source code from, modify, decompile, or disassemble the software used by the Service Provider to provide any Service;
- acting in order to obtain information not intended for the particular User or Users in general, for example data of other Users.
- Service Provider reserves the right to remove, reject or suspend access to any User’s Account, if considers it as appropriate, in particular in case of User’s violation of the terms of this Agreement or any unlawful action taken by the User via or with connection to the FamilySpace platform.
- Service Provider reserves the right to terminate this Agreement in particular in case of:
- User’s breach of these Terms and Conditions or any part of them;
- illegal activity undertaken by the User or the Subscriber;
- liquidation of the Company;
- Service Provider’s decision to discontinue offering the Services or supporting FamilySpace.
- Subject to applicable law, the Service Provider reserves the right, in its sole discretion, to make any changes (temporary or permanent) to FamilySpace, including but not limited to changing prices, modifying Services or features, discontinuing the FamilySpace entirely, limiting the usage or changing the pricing or availability of the FamilySpace or Services, without notice. Access to the Services might be also restricted geographically or change from time to time.
- The User, who is not the Subscriber, may terminate this Agreement at any time. There is no formal procedure to follow the termination. In case the User decides to terminate the Agreement, he/she should stop using the FamilySpace or the Website all together. It is not possible to terminate this Agreement and still use the FamilySpace.
- Additional terms and conditions on Subscriptions are set out in the applicable terms and conditions of the Google Play and the App Stores.
11. SPECIFIC INFORMATION RIGHTS OF CITIZENS OF EU MEMBER STATE AND CALIFORNIA
- The Company informs that the Users from the European Union may be entitled to submit a complaint through the Online Dispute Resolution Platform. For more information about ODR check: https://ec.europa.eu/consumers/odr/.
- The Consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection, with a request to settle a dispute arising from the concluded Subscription. The rules of organization and operation of permanent consumer courts of arbitration are specified in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration.
- The Consumer may apply to the voivodeship inspector of the Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Service Provider.
- The Consumer may also use the help of a local country consumer ombudsman, whose tasks include, inter alia, providing free consumer advice and legal information in the field of protection of consumer interests and applying to entrepreneurs in matters of protection of consumer rights and interests or referring to a non-governmental organization whose statutory tasks include consumer protection.
- Under the law of California, USA, the Service Provider is required to present the following information to the Users residing in the state of California:
- The Users may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
- California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12. DATA PROTECTION
- The data controller of User’s personal data is the Service Provider.
13. FINAL PROVISIONS
- Service Provider reserves the right to amend these Terms and Conditions at any time. The Users and Subscribers will be informed about every change by an email. The User has a right to terminate this Agreement if the amended version of Terms and Conditions does not suit them.
- Subject to general provisions of law that cannot be excluded by the Agreement, all the disputes arising out of this Agreement will be governed by and interpreted according to the laws of Poland and any dispute regarding it will be exclusively under the jurisdiction of the courts of Warsaw, Poland.
Date of publishing: May 13, 2022