Terms and conditions

My name is Michał Malewicz. I created and run the Training Platform available at https://hype4.academy/. In this document I describe how you can use this Training Platform.

If the document says:
"I" - it means Michal Malewicz, doing business under the name HYPE4 - Michal Malewicz, address: 12/15 Finlandzka Street, 03-903 Warsaw, NIP 1181561581, REGON 146565430,"You" - it means any person who uses the Website or the Training Platform - depending on the context.

You may contact me by email: hello@hype4.com

For explanations of capitalized terms, please see the glossary at the end of this document.

How can you join the training platform?

1. The Website and the Training Platform are available 24 hours a day, 7 days a week.
2. To use the Website and the Training Platform you must have:
   1. a device that provides Internet access with an up-to-date version of a web browser such as Google Chrome, Microsoft Edge, Mozilla Firefox, Opera or Safari installed,
   2. Internet access,
   3. an active email inbox.
3. If you wish to use the Training Platform, you must create an Account,
4. In order to create an Account:
   1. fill out the the registration form available on the Website (remember to provide correct data and update it when it changes),
   2. accept the Terms and Conditions and confirm that you know the rules of processing your personal data,
   3. confirm your registration by clicking on the appropriate button under the registration form.
5. Once you confirm your registration, we will conclude a contract for the running of your Account. The contract is concluded for an indefinite period of time (until the Account is deleted).
6. You may have only one Account. You may not use other people's Accounts or share your Account with others. You must keep your password and login to your Account confidential. You are liable for any damages that result from your failure to comply with the above obligations.
7. You may terminate the Account contract at any time - by selecting the appropriate option in the Account management panel (if available) or by emailing me. I will delete your Account after 30 days from receipt of the notice, but not earlier than the expiration of the period for which you have made payment. Upon deletion of your Account, you will lose access to all content and materials stored within your Account.
8. Some features of the Training Platform are available by purchasing a subscription.The price, scope and validity period of the subscription are indicated on the Website. The price indicated on the Website is the net price, not including VAT. VAT is added after indicating the country of residence (before finalizing the order).
9. To purchase the subscription:
   1. fill out the order form (remember to provide correct data and update it when it changes),
   2. fill out your payment card details (remember to provide correct data and update it when it changes) and accept the terms and conditions of the payment processor,
   3. confirm your order by clicking on the appropriate button under the order form.
10. If you did not have the Account on the Training Platform before the purchase, the Account will be created after it.
11. Purchases are made through GUMROAD, INC. The terms and conditions of GUMROAD, INC. are available here: https://gumroad.com/terms
12. By confirming your order, you agree that the contract will begin immediately (before the withdrawal period expires), which is equivalent to voluntarily waiving your consumer right to withdraw from this contract.
13. You must pay for access to the Training Platform in advance, before the start of the billing period for which access has been purchased. You will make the payment by payment card.
14. Once I receive your payment, a contract for your access to the Training Platform will be concluded. The contract is concluded in the form of a subscription for a specific period of time, according to the option you have chosen. The subscription will be automatically renewed.
15. You will receive access to the Training Platform immediately after the conclusion of the contract.
16. By confirming the placement of your order, you authorize me to save the selected payment method and automatically collect fees using it until you cancel your subscription.
17. Fees are collected by a third-party payment processor, from the payment card you indicate. The first fee will be charged at the time of confirming an order, and subsequent fees will be charged monthly or annually (depending on the option selected), in the same amount. You are required to secure sufficient funds on your payment card to pay the fee.
18. If it is not possible to charge the indicated payment card, e.g. due to card expiration, lack of funds or other reasons, I may try again or ask you to settle the payment by other means.
19. Independently of the above, I may:
    1. claim payment of late interest from you at the statutory interest rate,
    2. block your Account until the fee is paid, and if the fee is not paid within 7 days - delete it.
20. If you wish to receive a VAT invoice, select the appropriate option in the order form. You will receive an invoice in electronic form to the e-mail address indicated when placing the order. GUMROAD, INC. may be indicated as the vendor on the invoice.
21. We reserve the right to use your public profile information (name, photo and your projects) in various sections of the website itself and in our social media materials, but not paid advertising.

How can you use the training platform?

22. You have to use the Training Platform in accordance with the Terms and Conditions, the law and good manners, in particular, express your opinions in a factual manner, referring respectfully to other people and respecting their rights.
23. You may not use the Training Platform for purposes that are unlawful or immoral, or in a manner that interferes with the use by others. In particular, you may not violate the integrity of the Training Platform's IT system or take actions to obtain other users' access data.
24. You may notify me by email of any violations of the Terms and Conditions by other users, as well as of your objections and comments as to the operation of the Training Platform.
25. I will decide on the type, number and frequency of materials posted on the Training Platform on my own.
26. The Website and the Training Platform's name, domain, graphics, text, structure, source code contained therein and any documents that I provide to you when you use the Website or the Training Platform, as well as all materials that I will provide to you as part of the Training Platform, are works under copyright law and are protected by law.
27. I do not transfer to you the copyright in these works.
28. I grant you a non-exclusive, worldwide, non-transferable and royalty-free license to use the materials that will be available on the Training Platform for your own useto the extent indicated in the Terms and Conditions.
29. You may use the courses, articles and other educational materials for your own use, playing them on your device (computer, tablet, phone).
30. You may use the graphics provided as a basis for your projects in as many of your own projects as you wish, provided that they are your projects and not those of other entities or individuals. You may modify them before including them in your project. You may reproduce and distribute your designs incorporating our graphics, but you may not distribute the graphics themselves.
31. You may not use the materials in any other way, in particular, you may not fix, reproduce or distribute them in any other form or for purposes other than those indicated above.
32. By posting any materials on the Training Platform, you declare that you are authorized to use them in such a manner (e.g., you are entitled to copyright or have the appropriate license). If, as a result of the use of such materials, any third party makes claims against me for infringement of their rights, in particular copyright, you are obliged to indemnify me against any liability.
33. I may remove materials you post on the Training Platform if I determine that their posting violates the Terms and Conditions.
34. By entering into an agreement for access to the Training Platform, you grant me a non-exclusive, worldwide, freely sublicensable, transferable, and royalty-free license to use, reproduce, publicly display, distribute, modify, create derivative works of, publicly perform, and translate the materials you submit and the works you create to improve the Training Platform and the services I provide.

How long can you use the training platform?

35. You may terminate the contract for access to the Training Platform at any time, before the end of the period for which the payment was collected, using the function available within your Account or by email. If you terminate the agreement after the next payment has been collected, the payment is not refunded, but you may use the Training Platform for the paid period.
36. I may terminate the contract regarding your access to the Training Platform for valid reasons, with a notice period of 30 (in words: thirty) days.
37. Should you use the Training Platform contrary to the Terms and Conditions, in particular, fail to make payments, I may block or delete your Account. Deletion of your Account will be treated as termination of the contract regarding your access to the Training Platform.
38. Before deleting your Account, I will give you an additional period to remove the violations made. I will inform you of this by email.
39. If you are a consumer, you may withdraw from a contract concluded remotely without giving any reason within 14 days from the date of its conclusion. Inform me of your decision to withdraw by sending a clear statement (e.g. "I resign from the service"). You can send the statement by email. You do not need to justify your decision.
40. If you withdraw from the contract (in the situation described above), I may prevent you from further use of the digital content or services, in particular by blocking your Account. I will also return all payments received from you immediately, and in any case no later than 14 days from the day I receive your statement of withdrawal. I will refund the payment using the same means of payment that you used in the original transaction, unless you expressly agree otherwise. If a refund is required for a payment card transaction, I will make the refund to the bank account assigned to that payment card. You will not incur any fees in connection with the withdrawal.
41. You will not have the right of withdrawal if the performance of the contract (access to the Training Platform) has begun - with your express consent - before the expiration of the withdrawal period and after informing you of the loss of your right of withdrawal.

How can you make a claim?

42. I am obligated to provide services in accordance with the Agreement.
43. However, I am not responsible for:
    1. technical problems, including those related to making payments or occurring on the equipment you use, which arise for reasons beyond my control,
    2. the effects of delays in payment,
    3. the effects of force majeure,
    4. acts or omissions of third-party suppliers of technology, equipment, services, etc.
44. If, despite your payment, you do not use the Training Platform, you are not entitled to a refund of your payment or any other compensation.
45. If you consider that I am not fulfilling the terms of the Agreement, you may file a complaint.
46. You can send your complaint by post or by email. Indicate:
    1. name, mailing address, e-mail address,
    2. description of the problem,
    3. what you expect in connection with the complaint.
47. If I receive an incomplete complaint, I will ask you to complete it.
48. I will process your complaint within 14 days from the date of its receipt or completion.
49. If the complaint procedure fails to produce the result you expect, you can use, among other things:
    1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection,
    2. assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection,
    3. free assistance of a municipal or district consumer ombudsman - depending on your place of residence,
    4. online ODR platform available at: http://ec.europa.eu/consumers/odr/.

How do I process your personal data?

50. I have described the rules for the processing of your personal data in connection with the use of the Website and the Training Platform and the rules for the use of cookies in the Privacy Policy.
51. The Terms and Conditions are effective as of the date they are published on the Website.
52. I may change the Terms and Conditions for important reasons, in particular due to changes in regulations, technical or organizational changes regarding the operation of the Training Platform, changes in the services I offer, changes in the business model.
53. If I change the Terms and Conditions, I will publish the new content on the Website and inform you by email or message within your Account.
54. If you do not agree with the changes, you may terminate the contract within 30 days of receiving the message about the changes.

What else should you know?

55. The contracts between us are governed by Polish law.
56. Any disputes involving users who are not Consumers will be resolved by a court with territorial jurisdiction over me.
57. The provisions of the Terms and Conditions are not intended to exclude or limit the rights of a user who is a Consumer under the provisions of local common law. In the event of any inconsistency between the Terms and Conditions and the provisions of generally applicable law in the country of the Consumer, those provisions shall apply.
58. Capitalized terms have the following meanings:
    1. Training Platform - an online platform within which User Accounts run,
    2. Account - a panel that allows managing orders and activity of a given user on the Training Platform,
    3. Consumer - a user who is a natural person and enters into an agreement for a purpose not directly related to his/her business or professional activity,
    4. Website - the website available at https://hype4.academy/,
    5. Terms and Conditions - this document.