The Terms and Conditions of the HeapNote service define the rights and obligations of the parties to the service which is supplied electronically via telecommunications network at www.heapnote.com.
The Terms and Conditions constitute a contract model, as stipulated in article 384 of the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No 16 item 93 as amended, hereinafter referred to as: the “CC”) and they were developed pursuant to the obligations laid down in Article 8(1)(1) of the Act on Electronically Supplied Services of 18 July 2002 (Journal of Laws no. 144, item 1204 as amended, hereinafter referred to as “AESS ”).
If the User accepts the Terms and Conditions they confirm they wish to enter into an agreement with the Service Provider under the conditions specified herein.


HeapNote Application, Application - The software that the User can access via a Device and in particular that enables the User to use the Service.
User Account, Account - A User’s individual profile which enables the User to use the Application and which is linked to the User’s e-mail address; the Account can be accessed after signing in with the User’s e-mail address.
Privacy Policy - The document on the Website referring to the privacy policy.
Terms and Conditions - The present document which constitutes an agreement concerning the HeapNote Service supplied electronically.
Website - the online application that can be found at www.heapnote.com.
Service Provider, Administrator - Jan Horabik doing business as Horabik Programowanie Jan Horabik, ul. Dominikańska 21B, (02-738) Warszawa, POLAND, NIP (tax identification number): 712-265-68-34, e-mail address: contact@heapnote.com
Agreement - The agreement concerning the electronic provision of the Service and made by and between the Service Provider and the User, the subject and the terms of which are described in the Terms and Conditions.
Service - The service described in chapter II of the Terms and Conditions and supplied by the Service Provider electronically.
Device - A device such as a smart phone, tablet or computer, which enables the User to use the Service.
User, Users (jointly) - Each entity using the HeapNote application, be it an entrepreneur or a consumer.

1. The Terms and Conditions lay down the terms of using the Service, i.e. the HeapNote Application, which is offered by the Administrator.
2. The subject of the Service consists in making the Application available to the User; the features of the Application include creating notes, sharing them with other Users, and creating data tables. Using the HeapNote Application is possible only via a device, when the User enters the www.heapnote.com website, using any Internet browser, and signs in.
3. The minimum technical requirements for the Users to be able to use the Application are as follows:
   a. a Device with a Windows operating system;
   b. access to the Internet;
   c. a Device with an installed web browser;
   d. a Device with installed and up-to-date anti-virus software.

1. The Service Provider offers the Application and the related Service free of charge.
2. If the Provider introduces any fees for using the Application, the Users will be notified about it, and the present Terms and Conditions will be changed accordingly, which will be notified to the Users as prescribed by the law.

1. A User can be any natural person, organization without legal personality that can purchase rights and enter into commitments on its own behalf, or any legal person.
2. In order to obtain the status of a User it is necessary to have an e-mail address at www.gmail.com; it is also sufficient to sign into the Application using the e-mail address at the www.heapnote.com website.
3. The Service Provider obtains only the User’s e-mail address. Any other data related to the User’s e-mail account (password, login) are not made available to the Service Provider.
4. As soon as the Terms and Conditions are accepted, the User Account is created and an Agreement between the User and the Service Provider is made for an indefinite period; the Agreement stipulates that the Service Provider supplies the service under the conditions specified herein.
5. If, when using the Application, the User provided personal details that have changed, they shall update the data immediately. However, the User is free to remove the account at any time; this will become effective once they sign out of their Account and subsequently they will not be able to use the Application, save and retrieve data.
6. If the User has been inactive for 1 (say: one) year, the Service Provider will remove the User Account, which will make it impossible for the User to use the Application, save or read data. The User will be notified 7 (say: seven) days before the above-mentioned deadline lapses.

1. The User shall comply with the provisions hereof, and in particular use the Application for the intended purpose and in compliance with the relevant provisions of law.
2. In the light of section 3, chapter IX the User shall bear the sole responsibility for conforming with the applicable terms and conditions of the User’s e-mail account and Google Drive, if they use it when using the Application.
3. The User shall not provide illegal content.
4. The actions of the User related to using the Application should be in line with its intended purpose and functionality, in compliance with the Terms and Conditions, applicable legal provisions and good practices.
5. The User can use the Application only through the duration of the Service.
6. All the materials, graphic materials, their layout and arrangement, trademarks, other information that Users store in the clouds managed by them and that will be affected by the User’s using the Application constitute the subject of Users’ exclusive rights, and, for the avoidance of doubt, the Administrator will have no access to the materials stored in the User Account.
7. If it is found that the User has undertaken any action that actually or potentially hindered or blocked the correct functioning of the www.heapnote.com website and the HeapNote Application, any options and privileges assigned to the said User will be suspended or permanently taken away from them. The previous sentence applies accordingly to actions that actually or potentially cause damage to the Service Provider. Actions or nonfeasance leading to circumvent the provisions hereof will also be considered an infringement of the Terms and Conditions.
8. If the Service Provider learns that the User has infringed these Terms and Conditions glaringly, the Service Provider may, having previously notified the User about it, remove the User Account immediately, which will make it impossible for the User to use the Application, save or read data.
9. The User is not entitled to any damages if the reason for the termination of Service was the Service Provider obtaining information or having reasonable grounds to believe or obtaining relevant official information that the User has violated, attempted to violate, circumnavigating the generally applicable law, and in particular that they acted or attempted to act to the detriment of third parties, including not complying with the Terms and Conditions.

1. The Administrator of the personal data collected in order to provide the Service related to the User’s e-mail address is Jan Horabik doing business as Horabik Programowanie Jan Horabik, ul. Dominikańska 21B, (02-738) Warszawa, POLAND.
2. Any other matters regarding personal data protection and confidentiality are included in the Privacy Policy.
3. The Administrator entrusted Google Ireland Limited Gordon House, Barrow Street, Dublin 4, Ireland with the processing of Users’ personal data for hosting purposes.

1. The User has the right to file a complaint if the Service Provider does not supply the Service or supplies it in a way which is non-compliant with the provisions of the Terms and Conditions.
2. A complaint cannot concern circumstances specified in section 3 chapter IX of the Terms and Conditions, i.e. the efficiency of actions taken by the User by means of the Application if it is not a result of the faulty functioning of the Application and if, by means of the Application, the User uses services provided by third parties whose rules and regulations do not allow for using tools such as the Application.
3. In order to file a complaint, the User should contact the Service Provider immediately by sending an e-mail to: contact@heapnote.com with the following reference in the subject line: “Complaint regarding HeapNote”.
4. The filed complaint should contain the details related to the User’s e-mail address and as much information and details concerning the subject of the complaint, especially the type and the date of irregularities and contact details.
5. If the problems regard payment, the message should contain the User’s e-mail address.
6. Any complaints regarding the contents and the functioning of the Application sent by Users are processed by the Service Provider as soon as possible, however not longer than 14 (say: fourteen) days, counting from the day of receipt of the User's complaint. The Service Provider will inform the User about the outcome of the complaint process via e-mail to the return address from which the original message was sent.

1. The Service Provider shall not be held responsible for the actions of the Users and the content uploaded by them to the www.heapote.com website or for the actions related to the Application or using the Application, in particular for the consequences of a situation described in section 6 chapter IV. Such actions and content cannot, in particular, violate third party rights, including copyright.
2. The provisions of section 1 above apply accordingly in the case of administrative or penal proceedings against the Service Provider, their employees or subcontractors, caused by or related to the User’s infringement of the Terms and Conditions or generally applicable law.
3. A User that has made their User Account available to third parties shall be responsible for all their actions and conduct in the framework of the www.heapnote.com website or in the course of using the Application.

1. The Service Provider shall be responsible for the correct operation of the www.heapnote.com website and for the possibility of using the Application on the User's Device.
2. The Service Provider shall not be held responsible for the efficiency of actions taken by the User by means of the Application if they were not due to faulty or damaging operation of the Application.
3. The Service Provider cannot guarantee that the Application will be compatible with other applications or programmes used for taking notes, drawing tables and collecting data. The Service Provider does not guarantee that the functioning of the Application is compliant with terms and conditions of other applications or programmes that the User is using.
4. The Service Provider shall not be held responsible for third parties impersonating the Users. Each attempt to impersonate the User or to use false data will be reported to competent authorities.
5. The Service Provider shall not be held responsible for the manner, quality, and frequency of functioning of networks maintained by mobile and landline phone operators, including services for sending text messages online, parcel and mail delivery services, and Internet providers. The Service Provider shall not be held responsible for delays or incorrect operation of electronic payment platforms.
6. Any materials, graphic elements, their layout and arrangement, trademarks, and other information which is available at www.heapnote.com constitute the subject of the Service Provider's exclusive copyright.
7. Downloading or using the said materials requires the Provider's approval. If the above condition is satisfied, downloading the material cannot violate these Terms and Conditions, generally applicable laws, and the Service Provider’s interests.
8. Any graphic elements, technical solutions and other elements of the Website, in particular the HTML and XHTML codes, CSS sheets, JavaScript and multimedia hyperlinks, to which Users have no rights, taking into account the provisions of section 6, chapter V, are protected by the Service Provider's copyright.

1. The Service Provider can amend the Terms and Conditions as well as the formula of the supplied Service if at least one of the important circumstances listed below occurs:
   a. A change of the applicable law that governs the Service Provider’s operations;
   b. The need to adjust the Terms and Conditions to the applicable law or the need to correct the wording hereof;
   c. A change in operating or functioning of the www.heapnote.com website or the Application that will be due to objective and independent technological or technical reasons;
   d. A change of the terms and conditions of using the www.heapnote.com website or the Application that does not worsen the Users’ situation compared to the previous terms;
   e. The need to update the Service Provider's data specified in the Terms and Conditions.
2. If the Terms and Conditions are changed due to reasons specified in section 1 above, the Service Provider shall notify the Users about the changes with at least a 30 (say: thirty) day notice via e-mail. The Service Provider shall be responsible for the correct notification of the Users about the planned amendments of the Terms and Conditions.
3. The User can terminate the Agreement with the Service Provider 30 (say: thirty) days from the day of notification about the changes in the Terms and Conditions. The User can terminate the Agreement by sending an e-mail to: contact@heapnote.com. This shall not prevent the User from terminating the Agreement with the Service Provider at any time, taking into account the reservations specified in chapter XI.
4. The changes to Terms and Conditions shall be binding for the User if the amended Terms and Conditions have been delivered to them and the User has not terminated the Agreement with the Service Provider before the deadline specified in section 3 above.

1. Pursuant to the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 item 827), the User who is also a consumer in the light of the CC may withdraw from the Agreement without providing a reason to do so by filing a relevant declaration electronically or in writing within 14 (say: fourteen) days from the date of the Agreement. Timely mailing will be treated as timely filing. In order to withdraw from the Agreement it is sufficient to send the completed form about withdrawal from the Agreement, i.e. Appendix 1 hereto.
2. If the User withdraws from the Agreement as stipulated above, the Agreement will be deemed not concluded and the User free of any responsibilities. What was provided by the parties in the course of the performance of the Agreement shall be returned in kind, unless the change was necessary in the scope of ordinary course of business. The return should take place immediately, but not later than within 14 (say: fourteen) days.
3. The User shall not have the right to withdraw from the Agreement if they downloaded the Application and installed it on their device.
4. The User shall not have the right to withdraw from the Agreement if, at their explicit request, they fully used the supplied Service before the lapse of the withdrawal date, and when the service consisted in providing digital content not saved on a material medium, if the service was provided following an explicit request of the consumer before the lapse of the withdrawal date.
5. Both the User and the Service Provider have the right to withdraw from the Agreement if the other party does not comply with their obligations before the strictly defined deadline.
6. Regardless of the right to withdraw from the Agreement, the User can at any time stop using the service subject to the provisions below.
7. The Service Provider will stop supplying the service to the User in the wake of the following events:
   a. expiry of the Agreement;
   b. withdrawal from the Agreement;
   c. termination of the Agreement after the lapse of the notice period.
   
8. The Administrator can terminate the supply of Service to the User if the User uses the Application in a manner that violates the law and in particularly glaring and recurring situations – after previously requesting the User to stop the wrongful behaviour. If the Service Provider finds that the situation described above has occurred, they have the right to suspend the User Account or to suspend the functioning of the Application on the User’s Device.
9. Subject to the provisions of this chapter, the User may terminate the Agreement with the Service Provider at any time by notifying this intention via e-mail and sending the message to: contact@heapnote.com with the following subject line: “Termination of electronically supplied services agreement” As of the termination of the Agreement, the User will not be able to use the Application anymore.
10. For an important reason, such as economic or business reasons or going out of business, the Service Provider may terminate the Agreement with the User. The Administrator shall inform the users about the planned termination with at least a 60 (say: sixty) day notice via e-mail or text message.

1. In matters not covered by these Terms and Conditions the provisions of the CC shall apply in a supplementary manner.
2. The governing law for the Agreement between the User and the Service Provider concerning the Service supplied by the Service Provider shall be the Polish law, and in the case of Users who are consumers, taking into account the law applicable for their place of residence.
3. Any disputes related to the services supplied by the Service Provider shall be resolved by the competent courts of general jurisdiction in Poland.
4. In order to obtain support and technical assistance please contact us at: contact@heapnote.com.
5. The Terms and Conditions shall apply as of: 24 October 2016

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This form is to be filled out and sent back only when withdrawing from the Agreement.

Recipient: Jan Horabik doing business as Horabik Programowanie Jan Horabik, ul. Dominikańska 21B, (02-738) Warszawa, POLAND, NIP (tax identification number): 712-265-68-34, e-mail address: contact@heapnote.com

I/We (*) hereby declare my/our (*) will to exercise the right to withdraw from the Agreement on electronically supplied Services.

– Date of the execution of the Agreement:

– First and last name of the consumer(-s):

– Address of the consumer(-):





Date and signature of the consumer(-s) (only if sent in writing)

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The capitalized words are defined in the Terms and Conditions of electronically supplied services of Heapnote.

(*) Strike out as appropriate.