Terms of Service

These Terms of Service (the “Terms”) set out the rules for using the GetGuru.pl service (the “Service”), owned and operated by BOOCARS Piotr Kwiatkowski, ul. Prezydenta Gabriela Narutowicza 40/1, 90-135 Lodz, Poland, Tax ID (NIP) 7322210942, Business ID (REGON) 523961855 (the “Provider”).

Contact: info@getguru.pl.

These Terms constitute the terms of service for the provision of services by electronic means within the meaning of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

Service

provision to the User of a panel for managing marketing activities, together with the ability to connect external advertising and social media accounts and to publish Content on those accounts on the User’s instruction

User

a business entity using the Service under an agreement concluded with the Provider

Account

the User’s individual access to the Service, secured with authentication credentials

Integration

a connection between the Account and an external platform (including Facebook, Instagram, Meta Ads and TikTok), established by the User through the authorisation flow operated by that platform

Platform Terms

the terms of service, community guidelines, developer terms and other rules of an external platform that apply to the User’s account on that platform and to content published there

Content

text, video, images and other materials that the User supplies to the Service for publication on a connected account

Within the Service, the Provider makes available in particular:

• access to a panel presenting data from connected advertising accounts and social media profiles,
• the ability for the User to connect and disconnect Integrations independently,
• preparation of summaries and reports based on data retrieved from connected accounts,
• publication of Content on connected accounts, including TikTok, on the User’s instruction and after the User has approved the final version of the Content and its publication settings,
• technical support regarding the operation of the Service.

The detailed scope of features available to a given User is set out in the agreement or in the order accepted by the Provider.

• a device with internet access and an up-to-date web browser supporting JavaScript and cookies,
• an active e-mail address,
• for Integrations — an active account on the relevant external platform, held with permissions sufficient to grant access,
• for publication on TikTok — a TikTok account for which TikTok permits publication through the interfaces made available to the Provider; TikTok decides which accounts and which privacy settings are available.

The agreement for the provision of the Service is concluded when the Provider creates an Account at the User’s request, or when the Provider accepts an order — depending on the agreed mode of cooperation.

The agreement is concluded for an indefinite term unless the parties agree otherwise. Either party may terminate it with one month’s notice, effective at the end of the billing period.

An Integration is established solely as a result of the User’s deliberate action and requires consent granted on the permission dialog operated by the relevant platform. The Provider does not request passwords to external accounts and does not obtain access to them by any other means.

The User represents that they are entitled to grant access to the accounts they connect and, where those accounts belong to third parties, that they hold the appropriate authorisation.

The User may disconnect an Integration at any time, either in the panel or in the settings of the relevant platform. Disconnecting an Integration causes the Service to lose access to data from that account and may make some features unavailable.

The scope and availability of data retrieved from external platforms depend on those platforms. The Provider is not liable for changes to their rules, limitations of their programming interfaces, interruptions in their operation, or the expiry of granted permissions.

The User undertakes to comply with the Platform Terms of every connected platform, including the TikTok Terms of Service and Community Guidelines. The Provider’s access to TikTok interfaces is subject to TikTok’s rules for developers and may be limited or withdrawn by TikTok.

The Provider publishes Content only on the User’s explicit instruction. Before each publication the Service presents the target account, the final Content and the publication settings, and the User approves them. Without that approval no publication takes place. A change to the Content or to the settings after approval requires a new approval.

The User selects the audience (privacy level) of each post from the options that the platform makes available for the connected account. The Provider does not select the privacy level on the User’s behalf. Within the options offered by the platform, the User also decides for each post whether comments, duets and stitches are permitted.

By instructing the Provider to publish Content on TikTok, the User confirms that the User holds all rights necessary for that publication, including rights to any music, footage and other elements of the Content, and accepts TikTok’s Music Usage Confirmation and the other Platform Terms that apply to the post.

The User is solely responsible for the Content, its lawfulness and its compliance with the Platform Terms. The Provider does not verify Content beyond the technical requirements (format, length and size) published by the platform.

Publication is performed by the platform. The Provider is not liable for refusal, delay or removal of a post by the platform, for limits the platform imposes on the number of posts, or for the availability of particular privacy settings. Until TikTok completes its review of the Provider’s application, TikTok permits publication only with private (“only me”) visibility.

Content supplied for publication is stored only for the time needed to complete the publication and present its result, as described in the Privacy Policy.

• using the Service in accordance with the law, good practice and these Terms,
• keeping Account credentials confidential,
• supplying for publication only Content to which the User holds the necessary rights, and not using the Service to publish unlawful content or content contrary to the Platform Terms,
• refraining from actions that disrupt the Service, including attempts to gain unauthorised access to other Users’ data,
• promptly notifying the Provider of any suspected breach of Account security.

The amount of remuneration, the billing period and payment deadlines are set out in the agreement or in the order accepted by the Provider. VAT is added to the prices at the rate applicable on the date the invoice is issued.

The Provider makes every effort to keep the Service continuously available, reserving the right to technical breaks necessary for maintenance, updates or fault removal.

The Provider is not liable for business decisions made by the User on the basis of data presented in the Service, nor for damage resulting from circumstances attributable to external platforms, from Content supplied by the User, or from incorrect data supplied by the User.

The Provider’s liability towards a User who is not a consumer is limited to the amount of remuneration paid by that User for the three billing periods preceding the event giving rise to the damage, excluding lost profits. This limitation does not apply to damage caused intentionally.

Complaints should be sent to info@getguru.pl, stating the User’s details, a description of the problem and the expected resolution. The Provider examines a complaint within 14 days of receipt and communicates the outcome by electronic means.

The rules for processing personal data are set out in the Privacy Policy, a separate document available in the Service.

To the extent that the Provider processes personal data on behalf of the User acting as controller, the parties conclude a separate data processing agreement.

The Provider may suspend or terminate the agreement with immediate effect in the event of a gross breach of these Terms by the User, after a prior request to cease the breach has proved ineffective.

After termination, the User’s data, including data retrieved from connected Integrations and Content supplied for publication, is deleted within 30 days, except for data whose retention is required by law. Details are set out in the “Data Deletion Instructions” document. Content already published on an external platform remains on that platform under its Platform Terms and can be removed by the User there.

The Provider may amend these Terms for valid reasons, in particular where applicable law or the scope of the Service changes. The User will be notified of any amendment by electronic means at least 14 days in advance. Failure to terminate the agreement before the amendments take effect constitutes acceptance of them.

Matters not governed by these Terms are subject to Polish law, in particular the Civil Code and the Act on Providing Services by Electronic Means.

Disputes arising under these Terms are submitted to the court having jurisdiction over the Provider’s registered seat; this provision does not apply to Users who are consumers.