Terms of Service
Service Provider: [Legal name — to be completed] — a Sole Proprietorship (Jednoosobowa Działalność Gospodarcza) registered in Poland, PKD 63.11.Z (Data processing, hosting, and related activities).
NIP: [to be completed] · REGON: [to be completed] · Registered address: [to be completed] · Contact: [email — to be completed]
This Terms of Service document (the “Agreement”) is a legally binding contract between you (the “User”) and the Service Provider named above. By checking the mandatory box at checkout and completing payment, you agree to these Terms.
1. Definitions
- The Platform: the English-language web application (“Genie”) through which Users submit weather-parameter entries.
- Weather Wish / Order: a set of parameters a User logs describing desired future atmospheric conditions for a chosen location and date range.
- Service: the digital utility that validates a User’s parameters, prices them, and records them as order data on our payment processor’s systems.
2. Legal Nature of the Service (No Gambling, No Payout)
- Digital utility, entertainment purpose. The Service is an automated data-entry, validation and storage utility offered for entertainment. It is not insurance, a binary option, a financial derivative, or a game of chance.
- No cash payouts. The Platform never pays out cash, cryptocurrency, or cash-equivalents. The accuracy of a Weather Wish never entitles the User to money.
- The reward remedy (discount only). If, on or after the Wish’s end date, weather data retrieved from our third-party meteorological API does not match the parameters the User logged, the Platform may issue the User a one-time, single-use percentage discount code applicable to a future Order. Reward codes are conditional commercial rebates (rabat handlowy): they hold no independent cash value, cannot be exchanged for money, are locked to the issuing account, and are non-transferable. The Provider may change or withdraw the reward mechanism at any time.
3. Right of Withdrawal and Its Waiver
- What you are buying. The Service you purchase is the immediate digital act of validating and recording your Order parameters. The later comparison against weather data and any resulting discount code are ancillary, no-extra-charge features — not the paid deliverable.
- Your express request for immediate performance. By ticking the checkout box, you (a) expressly request that we begin performing the Service immediately upon successful payment, and (b) acknowledge that you will lose your 14-day right of withdrawal once the Service is fully performed, in accordance with Art. 38(1) of the Polish Consumer Rights Act (Ustawa o prawach konsumenta).
- Completion. The Service is fully performed once your Order parameters are successfully recorded (typically within seconds of payment). From that point the transaction is final and non-refundable.
- Failure to record. If a verifiable technical fault on our side prevents your Order from being recorded at all, the Service was not performed and you are entitled to a full refund.
4. Price, Discounts and VAT
- Prices are shown at checkout in the applicable currency and include VAT where due. Discount codes apply to the amount actually charged; VAT is calculated on the final discounted amount (Art. 29a of the Polish VAT Act).
- Place of supply. For electronically supplied services to consumers, VAT is charged according to EU place-of-supply rules — the Polish standard rate (currently 23%) for consumers in Poland, and, above the applicable EU threshold, the consumer’s own Member State rate collected via the EU One-Stop-Shop (OSS) scheme. Sales to consumers outside the EU are handled under the rules of the relevant jurisdiction.
5. Accounts and Guest Checkout
- Accounts are provided through our authentication processor (see the Privacy Policy). You are responsible for keeping your credentials secure.
- Guest orders. You may place an Order without an account. Guest Orders are not linked to a profile: they are not tracked, cannot be viewed later, are not eligible for reward codes, and cannot be refunded except under §3 (failure to record). This is disclosed before you choose the guest option.
6. Governing Law, Complaints and Disputes
- This Agreement is governed by Polish law; the mandatory consumer-protection rules of your country of residence remain unaffected.
- Complaints may be sent to [email — to be completed]; we will respond within 14 days.
- EU consumers may use the European Commission Online Dispute Resolution platform at ec.europa.eu/consumers/odr.