Terms and Conditions

These Terms and Conditions help define Testportal’s relationship with you as you interact with our services.

Updated at 02.10.2021

We are happy with your interest and the willingness to use our services. The following Terms and Conditions, along with the documents listed herein, defines the terms and conditions of using our Service by you (the service is defined below), and is a legally binding agreement between the User and Testportal. In case you have any questions regarding the terms of service, please contact us at support@testportal.net or kontakt@testportal.pl.

Please be so kind as to carefully read these Testportal terms of service prior to using the website. By getting access, browsing, or using the website in any other way:

(i) the user confirms that they have read, understood, and that they agree to comply with these terms and conditions, regardless of whether they are acting on their own behalf (if they are acting as a natural person), or on behalf of a company or organization they represent;

(ii) the user confirms that they have read and understood these terms and conditions, and they agree to comply with them; if a user does not agree to comply with these terms of service, they cannot get access to, browse, or in any other way use the services.

1. General provisions

1.1. The website is available at the Internet address www.testportal.net or at related sites, and it is kept by Testportal spółka z ograniczoną odpowiedzialnością, with its registered office in Babimost, Poland, European Union, at the following address: ul. Szewska 9, postal code: 66 – 110, Poland, EU, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Zielona Góra, VIII Commercial Division, under the number 0000512302, NIP (Tax Identification Number): 9731017273, REGON (National Business Registry Number): 081208720, e-mail address: kontakt@testportal.pl.

1.2 The following Terms and Conditions define the general terms and conditions, as well as the method in which the Services are provided by electronic means via the Website www.testportal.net, or via any related websites.

Definitions:

a) Service Provider/Testportal – Testportal spółka z ograniczoną odpowiedzialnością, with its registered office in Babimost, Poland, European Union, at the following address: ul. Szewska 9, postal code: 66 – 110, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Zielona Góra, VIII Commercial Division of the National Court Register, under the number 0000512302;

b) Website – the website belonging to the Service Provider, under which the Service Provider provides the Services. The website allows its users create and solve online Tests,

c) User – a natural person with full legal capacity, and in cases stipulated by the generally applicable provisions, also a natural person with a limited legal capacity, a legal person, or a legal person without any legal personality, who uses the Services via an Account which they have created, and the Services are provided by the Service Provider electronically,

d) Respondent – a person answering the questions contained within the online Test provided to them by the User,

e) Services – all of the services provided electronically by the Service Provider on the Website to the Users and Respondents, based on these Terms and Conditions,

f) Registration form – a form which is available on the Website and which makes it possible to create an Account,

g) Registration – filling in the Registration Form and creating an Account,

h) Account – a collection of resources in the Service Provider's ICT system, marked with an individual name (login/e-mail address) and a password provided by the User, in which the User's data is stored.

i) Agreement – an agreement for the provision of Services by electronic means under the provisions of the Act of July 18, 2002 on Providing Services by Electronic Means, concluded with the User via the Website,

j) Paid packages – paid services available on the Website, which guarantee additional authorizations to use the Services provided electronically by the Service Provider,

k) Price list – a document containing the description of the offer of the Service Provider, as well as a list of the rates and fees for the Paid Packages offered via the www.testportal.net Website, or via any related websites, and which also specifies the rules for their calculation, which is simultaneously an integral part of the Terms and Conditions, and thus – of the Agreement for the provision of services by electronic means,

l) Proof of payment – an invoice, an accounting document, or any other proof that a payment has been made,

m) Online Test – i.a. a competence test, a psychological test, an intelligence test, a numerical test, a language test, an initial knowledge test, a test certifying the acquired knowledge, a test of the efficiency of the conducted training, a test checking knowledge, trial and preparatory tests within the scope of self-study, or other tests,

1.3. Announcements, the Service Provider's advertisements, price lists, and any other information regarding the Services provided, given on the Website, and in particular their descriptions, technical and functional parameters, are an invitation to concluding an Agreement under the provisions of art. 71 of the Act from April 23rd, 1964 – The Civil Code.

1.4. In order to be able to use the www.testportal.pl website, you need a computer with an x86 2GH or equivalent processor, operating memory 4GB, a monitor and a graphics card, hard drive: any one which operates an operating system with a minimum of 100MB of free space, a mouse or another keypad, a keyboard, a network card/a modem: giving Internet access at the speed of 512kb/s, software: Operating system: MS Windows 7 or newer, Ubuntu 16 or newer, MacOS 10.13 or newer, android 7.0 or newer, web browser: Google Chrome 64 or newer, Microsoft Edge 40 or newer, Firefox 58 or newer, Safari 11 or newer. Using the services provided by the Website may also take place with the assistance of another electronic device, i.e. a tablet or a smartphone, operating on, e.g., an Android system – version 4.0 minimum, or a Windows phone system – version 8.0 minimum, which also has access to the Internet.

1.5. The Service Provider reserves that using the Services referred to in the Terms and Conditions may be related to the standard risk associated with using the Internet, and they recommend the Users to take the appropriate steps with the goal of minimizing them.

1.6. The provisions of the Terms and Conditions do not have the intention of excluding or limiting any of the User's rights, who is simultaneously a consumer under the provisions of the Act of April 23rd, 1964 – the Civil Code, to which they are entitled under the mandatory provisions of the law. In case of any discrepancies of the provisions of the Terms and Conditions with the above provisions, the priority is given to these provisions.

1.7. The Service Provider makes the Terms and Conditions available free of charge via the Website, which makes it possible to download, save and print the Terms and Conditions.

2. The terms of service provision

The User is obliged to use the Website in a manner compliant with the applicable law, principles of social coexistence and morality, keeping in mind the respect for personal rights and the intellectual property rights of any third parties.

I. User Registration

1. The Website registration is voluntary and free of charge. It can be completed 24 hours a day, 7 days a week.

2. As far as the services provided are concerned, there are two User categories:

a) Educational User – a person with the status of:
- a teacher, i.e. of a person who, depending on the User's legal system, is engaged into activity which is defined as a teacher, an educator, or any other pedagogical employee hired at kindergartens, schools. In particular, an educational User is not a training company, a language school, a foundation, a public benefit organization, etc. For those entities, we have prepared a business offer.
- An employee of a public or a non-public university within the provisions of the User's legal system.

b) Business User.

3. In order to correctly create an Account, it is necessary to provide the following data in the Registration Form:

a) name and surname (applicable only to Educational Users),

b) an e-mail address,

c) a password,

d) country – not applicable to the Users of the www.testportal.pl website,

e) time zone - not applicable to the Users of the www.testportal.pl website,

f) name of the school (applicable only to Educational Users).

4. A User can also register with an account created through other access channels made available by Testportal, and by synchronizing it with an account on the Website.

5. By completing Registration on the Website, the User declares that they are entitled to conclude an Agreement, and the personal data which they have provided is accurate and complete, and does not infringe any rights of any third parties. In case of any changes within this scope, the User should immediately notify the Service Provider of the above.

6. Using the Website by minors is possible only with the consent of their parents or legal guardians. In relation to the above, when Registering on the Website, the User declares that they are adult, or that they have the consent of their parents or legal guardians to use the Website.

II. User Account

1. The Service Provider distinguishes two categories of Accounts which can be created:

a) A Business Account (paid) – the types of the individual accounts, their features and functionalities, have been described in detail:

i. on the website: https://www.testportal.net/en/pricing/business/compare-plans/ - regarding the Users who use the www.testportal.net website,

ii. on the website: https://www.testportal.pl/pl/cennik/biznes/porownaj-plany/ - regarding the Users who use the www.testportal.pl website,

b) An Educational Account – the types of the individual accounts, their features and functionalities, have been described in detail:
i. on the website: https://www.testportal.net/en/pricing/education/compare-plans/ - regarding the Users who use the www.testportal.net website,
ii. on the website: https://www.testportal.pl/pl/cennik/edukacja/porownaj-plany/ - regarding the Users who use the www.testportal.pl website,

2. A Business User, after creating and activating their Account, can also use a trial period first. The details have been specified in the Service Provider's offer, which has been included in the Price List.

3. A Business Account, having the individual features, agreed as per the User's preferences, is available only after the prior agreement with the Service Provider. It is then when the User concludes a separate agreement with the Service Provider.

4. The Service Provider reserves the right to refuse creating and Account, to block it, or to delete it, if:

a) The Account Name is already being used on the Website,

b) The Service Provider receives a reasonable and credible information that an Educational User does not comply with the requirements stated in the Terms and Conditions, or that their Account is being used for commercial purposes,

c) The Service Provider receives a reasonable and credible information that it is against the law, decency, violates any personal rights or legitimate interests of any third parties,
– about which the Service Provider will immediately inform the User via e-mail to the address provided during the Registration.

5. It is not allowed to share an Account with any third parties. The Service Provider has the possibility of claiming compensation from the User who has caused any damage to the Service Provider by sharing the access to their Account. The above applies only to the User not being a consumer, as defined by the provisions of the Act of 23 April 1964 – Civil Code.

III. The type and scope of the services provided electronically by the Website.

1. The Service Provider provides two types of Services to the Users and Respondents:

a) free of charge services,

b) paid services.

2. Starting the provision of the Services to the User takes place:

a) upon the correct registration and activation of an Account – in the case of the Services which are free of charge,

b) upon making a payment – in the case of the Services which you need to pay for.

3. The Catalog of the Services provided electronically via the www.testportal.pl Website includes in particular:

a) the possibility of maintaining an Account on the Website,

b) the possibility of creating and managing the already existing online Tests,

c) making the online Tests available to a selected Respondent group,

d) the possibility of solving online Tests by the Respondents,

5. Using the services referred to in par. 1 a), b), c) is possible only after completing a Registration and activating an Account by a User.

6. The Services referred to in par. 1 a), b), c) are available to the Users a part of the Free Package, or as a part of the Paid Packages.

7. The detailed specifications:

a) of the currently valid offers,

b) of the types of functionalities available as part of the Packages offered, as well as the categories of the Users who can use them,

c) the terms and conditions related to the trial period of a Business User Account,

d) and as a list of the rates and fees for the Services provided via the website, as well as the rules for their calculation
– have all been specified in the Price List.

8. The Price List for the Users using the www.testportal.net website is available on the Website subpage in the "Pricing" tab https://www.testportal.net/en/pricing/business/compare-plans/ (for Business Accounts) and https://www.testportal.net/en/pricing/education/compare-plans/ (for Educational Accounts), or, for the Users using the www.testportal.pl website - in the "Cennik" tab https://www.testportal.pl/pl/cennik/biznes/porownaj-plany/ (for Business Accounts) and https://www.testportal.pl/pl/cennik/edukacja/porownaj-plany/ (for Educational Accounts).

9. Testportal, on the basis of the location specified by the User, makes it possible to use the Prices provided in the Price List, which are expressed in US dollars, this excluding the Users who are using the www.testportal.pl website, where the price list is available in Polish zlotys. The prices indicated are net prices.

10. Creating and adding online Tests on the Website is possible via the User Account, by using the correct Website forms.

11. The User may manage the online Tests, especially by creating and adding questions to a test, specifying the time for answering them, the minimum score required to pass, or the category of the online Tests.

12. After the User approves the necessary settings, the online Test is activated by the Service Provider on the Website.

IV. Concluding and terminating an agreement.

1. When filling in the Registration Form and creating an Account, the User is asked to get familiar with the content of the Terms and Conditions, and to approve its provisions.

2. Once the Registration Form is filled in, the Service Provider sends a message to the e-mail address specified by the User, and the message contains an Account activation link. The Activation of an Account takes place when the User clicks the activation link, which is a confirmation of creating an Account.

3. The above is equivalent to a User giving their consent for starting the provision of the services before the deadline for withdrawing from the Agreement for the provision of services by electronic means.

4. The User receives a confirmation of:

a) the creation of an Account,

b) the submission and acceptance of an order for completion (applicable only to the services available as part of the Paid Packages),

c) starting the provision of the Services,
– in the form of an e-mail message sent to the address specified by the User.

5. An Agreement for the provision of services by electronic means is considered as a concluded one once the User receives an e-mail message discussed in par. 4 herein.

6. The User gets access to their Account via an e-mail address (login) and a password.

7. An Agreement for the maintenance of an Account on the Website is concluded for an indefinite period and does not include any financial liability for the User.

8. An Agreement for the provision of services by electronic means may be terminated at any time by sending information about a User resignation via e-mail, to the following address: support@testportal.net or kontakt@testportal.pl.

9. A request for the deletion of a User Account is equal to resigning from the further use of the Services, for which it is necessary to have an Account on the Website, and also equal to the removal of all the data related to this account which has been collected on the Website.

V. Entrustment of the Personal Data

1. The User is the controller of the personal data of the Respondents, or they process the entrusted data on the behalf of another controller, or controllers, which means that the User controls the manner of the collection and using of the personal data of the Respondents, and they are responsible for this.

2. The User declares that they have a legal basis for the processing of the personal data of the Respondents, collected via the Online test forms.

3. As the controller of the personal data of the Respondents, or as a processor, the User entrusts the Service Provider with the processing of their personal data.

4. Testportal hereby declares that it obliges to use the personal data only to the extent which is necessary to provide the services specified in the Terms and Conditions, as well as for the purposes specified therein. The scope of the processed data will be determined by the User each time when they are creating an online Test form.

5. The User declares that they will not be entrusting any specific category data for processing to Testportal, under the provisions of art. 9 of the GDPR.

6. The processing of the Respondent personal data by Testportal takes place on the basis of being entrusted by the User. The User may download the Data Processing Agreement concluded by Testportal and the User here.

Approval of the Terms and Conditions is equal to the approval of the Data Processing Agreement (the conclusion of the Data Processing Agreement).

3. The payments

3.1. The User may select one type of payment out of those made available by the Service Provider. The list of the payment methods is available to:

(i) the Users who are using the www.testportal.net website – at: https://www.testportal.net/help-center/what-payment-methods-are-available-on-testportal/

(ii) the Users who are using the www.testportal.pl website – at: https://www.testportal.pl/pomoc/jakie-metody-platnosci-sa-dostepne-na-testportalu/

3.2. The User is informed about the total amount due for the Paid Package each time before they make a purchase.

3.3. Each order has a proof of purchase attached to it.

3.4. The Services provided in the Paid Packages will be launched within 24 hours from booking 100% of the funds.

3.5. In case of an unsuccessful request for payment and no payment for the Paid Packages before their validity has expired, the User loses the possibility of using these services within the scope of the Paid Packages, and the currently owned online Tests will be frozen, which means the following:

a. an active online Test is terminated automatically,

b. an online test cannot be restarted,

c. and you cannot create any new online Tests.

3.6. In case a payment is made for the Paid Packages, the authorizations within the scope of an individual Package are renewed, and the frozen online Tests regain their full functionality, which means that the restrictions mentioned in the paragraph above are no longer valid.

3.7. A User who is not a consumer within the meaning of the Act of 23 April 1964 – Civil Code, in order to perform the Agreement, authorizes the Service Provider to issue invoices without the recipient's signature.

3.8. The invoices are available at the e-mail address specified by the User, and it is possible to download and print them. If the User wishes to use the paper form of the invoices, a written instruction is required in order to amend this paragraph.

4. The User's rights and obligations

I. The User's obligations.

1. The User is obliged to comply with the Terms and Conditions.

2. The User is forbidden to post in the online Tests any content of an erotic or pornographic nature, which violates any legal or moral norms, which depicts or propagates violence, hatred, discrimination (racial, cultural, ethnic, religious or philosophical, etc.), or which violates the personal rights, or insults the dignity of other persons.

3. The User is forbidden to post in the online Tests any content against the law, good manners, in particular, one violating the personal rights or insulting the dignity of other persons, as well as any content being SPAM, e.g. links to other websites, illegal software, or any information regarding the acquisition thereof.

4. The User using the Services is obliged to refrain from copying, modifying, distributing, transmitting, or using in any other way, any of the content and the databases which have been made available on the Website, with the exception of using them under fair use.

5. The User cannot act to the detriment of the Website or of the other Users, e.g. by attempting to break into the Website, or into the Account of another User.

6. The User obliges not to proceed with any actions which unjustifiably burden the Website's infrastructure.

7. In case of any breach of the provisions of the Terms and Conditions, the User is obliged to repair any damage arising as a result of the said breach on the Service Provider's part. The above applies only to the User not being a consumer, as defined by the provisions of the Act of 23 April 1964 – Civil Code.

II. The User's rights.

1. In order to use the full functionality of the Website, the User has the right to appropriately configure their Account, and the possibility of using the Paid Packages, which guarantee additional functionalities within the created Account.

2. Through the created Account, and with the forms available on the Website, a User can:

a) create and add online Tests on any topic, as long as it is compliant with the applicable law, with good customs, and with the principles of social coexistence,

b) use the information posted on the Website, as well as the assistance of the Service Provider, via an appropriate e-mail message,

c) make online Tests available to a selected group of Respondents,

d) manage the conducted online Tests via the Website.

5. The Service Provider's rights and obligations

5.1. The Service Provider obliges to exercise due diligence when providing the Services.

5.2. The Service Provider reserves the right to introduce limitations on using the Website, caused by maintenance works, works on improving its functionality, and its technical service. However, the Service Provider also obliges to make every effort to ensure that the above-mentioned breaks take place only during the night and last as short as possible.

5.3. The Service Provider reserves the right to modify the Terms and Conditions. Any changes made shall enter into force once they are published on the www.testportal.net website or any related websites. Any activities completed by the Users prior to changing the Terms and Conditions shall be considered as per the provisions which were applicable at the given time.

5.4. A User who does not agree to the new Terms and Conditions may stop using the Website.

5.5. The Service Provider reserves the right to apply admonitions, temporarily suspend, and ultimately, to delete the Accounts of those Users who, even though they have been previously warned, break the provisions of the Terms and Conditions with their actions, and who hinder the use of the Website by the other Users, or who use the Services provided within the scope of the Website contrary to their intended purpose.

5.6. The Service Provider reserves the right to remove any content which violates the provisions of the Terms and Conditions.

5.7. The Service Provider may block the access to the User's online Tests which contain content which is contrary to the law, contrary to decency, racist, pornographic, insulting to the Respondent, phishing information, collecting personal data, or which is inconsistent with the Service Provider's interests.

5.8. The Service Provider reserves the right to fully limit the access to the Website functions, online Tests, as well as to the collected results once the Paid Packages and the trial version of the Account have expired.

5.9. Each User and Respondent may use the following e-mail address: kontakt@testportal.pl to report any content which blatantly violates the provisions of the Terms and Conditions.

6. The protection of personal data

6.1. The protection of personal data on the Website takes place on the basis of the provisions of Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and the Act of 10 May 2018 on the protection of personal data, as well as any other relevant provisions regarding the protection of personal data.

6.2. The Controller of the personal data is Testportal.

6.3. The User has the possibility of accessing the personal data regarding them in order to verify, modify, or delete such data from the Service Provider's database, via their Account, or at the e-mail address support@testportal.net or kontakt@testportal.pl

6.4. Personal data is processed by the Service Provider only for the purpose of the proper implementation of the provision of the Services referred to in par. 2. III. of the Terms and Conditions.

6.5. The Respondent's personal data is used for the purpose indicated by the User, who shares an online Test via the website, and this data is not made available to any third parties for marketing purposes.

6.6. The personal data of the Users can be made available to other persons or institutions for marketing purposes only after the prior obtaining of an explicit consent of the User.

6.7. For detailed information regarding the protection of the personal data of the Users and Respondents, please refer to the Privacy Policy document

7. Complaints

7.1. The User and the Respondent may file a complaint if the Services provided for in the Terms and Conditions are not implemented by the Service Provider, or are implemented contrary to the provisions of the Terms and Conditions.

7.2. The above is applicable only to the Users and Respondents being consumers within the meaning of the provisions of the Act of 23 April 1964 – Civil Code, or entrepreneurs, who are referred to in art. 5564

and art. 5565 of the Act of 23 April 1964 – Civil Code.

7.3. A complaint should contain at least the following: name and surname of the User or Respondent, their e-mail address, the date of noticing, a description of the objections which are being raised, as well as the request of the claimant.

7.4. Should the data or information provided in the complaint require any supplementation, the Service Provider, prior to processing the claim, contacts the person submitting the claim and asks them to supplement it within the specified scope and deadline.

7.5. The Service Provider is obliged to take a stand regarding the claim submitted by the User or Respondent regarding the functioning of the Website within 14 days from the date of submission.

7.6. No reply from the Service Provider after the deadline indicated in par. 4 results in the complaint being considered as a justified one.

7.7. In case a complaint is considered a justified one, the Service Provider shall return the price of the Paid Package within 14 days to the User's bank account, via postal order to the address specified by the User, or to the User's payment card in the case of an authorized payment system.

7.8. A reply to the complaint is sent to the e-mail address specified by the User or Respondent, unless they request to receive the reply by post.

7.9. Any complaints regarding the functioning of the Website should be sent to the following e-mail address: support@testportal.net or kontakt@testportal.pl

8. Withdrawal from the agreement

8.1. A User being a consumer under the provisions of art. 221 of the Act of 23 April 1964 – Civil Code, or an entrepreneur referred to in art. 5564 and art. 5565 of the Act of 23 April 1964 – Civil Code, has the right to withdraw from a remote agreement without specifying a reason, within 14 days from starting the provision of the Services.

8.2. The User is not entitled to the above in the following cases:

a) the provision of services, if the Service Provider has provided a service in full with the explicit consent of the User, who was informed before the commencement of the service, that upon the completion of the service by the Service Provider, they will lose the right to withdraw from the agreement,

b) agreements for the provision of digital content not stored on a tangible medium, if the provision of the service has started with the explicit consent of the User before the expiration of the deadline for withdrawing from the agreement and after being informed by the Service Provider of losing the right to withdraw from the agreement.

8.3. The right referred to in par. 8.1. herein is not applicable to the conclusion of an agreement for the provision of services by electronic means, and therefore, a situation, when the provision of the services has started with the explicit consent of the User before the expiration of the deadline for withdrawing from the agreement and after being informed by the Service Provider of losing the right to withdraw from the agreement.

8.4. The instruction contained in par. 8.3 results from the specific nature of the services provided by the website, i.e. the provision of digital content not stored on a tangible medium, as well as the provision of the services, if the Service Provider has delivered a service in full with the explicit consent of the User.

8.5. The provisions of this paragraph are not applicable to the Users who are not consumers

within the meaning of art. 221 of the Act of 23 April 1964 – Civil Code, i.e. the persons carrying out legal transactions directly related to the business or professional activity they conduct on their own behalf, or entrepreneurs referred to in art. 5564 and art. 5565 of the Act of 23 April 1964 – Civil Code – in their case, the right to withdraw from the Agreement for the provision of services by electronic means is absolutely excluded.

9. Copyright

9.1. Any content (this including photos, texts, graphics, logos) made available on the Website, is subject to legal protection resulting from personal or economic copyrights, and which belong directly to the Service Provider, to the Users, or to any other entities publishing on the Website with the Service Provider's permission.

9.2. It is forbidden to copy photos and any other graphic materials, as well as to reprint the texts published on the Website, this including sharing them on the Internet, without the written permission of the Service Provider or any other third party in possession of the copyrights to them.

9.3. It is also forbidden for any external entities to download any photos from the Website and use them for marketing and commercial purposes.

9.4. Using the above-mentioned materials without the written permission of the Service Provider, the Users, the Respondents, or any other parties publishing on the Website with the permission of the Service Provider, is against the law, and may be the basis for initiating civil and criminal proceedings against the persons who are involved in such dealings.

9.5. Testportal hereby declares that it does not make the tests created by the Users available to any third parties, be it for a fee or free of charge.

10. Liability

10.1. The User is responsible for the provided data, content and materials, as well as for any third parties who in any way gained access to an Account or to the online Tests.

10.2. The User downloads and obtains any data and content provided by the Service Provider at their own risk.

10.3. The Service Provider obliges to make every effort that the content shared via the Website is compliant with the provisions of the Terms and Conditions. Nevertheless, the Service Provider does not verify the reliability and authenticity of the content published by the User or by the Respondent in any way.

10.4. Both the Service Provider and their suppliers do not guarantee that the Website will be free of errors and that the access to it will be constant and uninterrupted.

10.5. In addition, the Service Provider is not liable for:

a) any damage caused to third parties, resulting from the Users or the Respondents using the Services in a manner not compliant with the Terms and Conditions or with the provisions of the law,

b) for any content made available by the Users or the Respondents, meaning content which violates the law or any legally protected third party rights,

c) the content of the online Tests published on the Website by the Users,

d) the results of the online Tests published on the Website,

e) the provision of false or incomplete data and information by the Users and the Respondents,

f) the non-compliance with the provisions of the Terms and Conditions by the Users.

10.6. The Service Provider is not liable for issues or interruption of the operation of the Internet network, which make it impossible for the User or the Respondent to use the Website. In particular, the Service Provider is not liable for any losses incurred by the User or the Respondent as a result of losing data or not being able to transfer data, which have been caused by the interruptions in the access to the Website, and which have been caused by interruptions in the operation of the Internet network.

10.7. The Service Provider is not liable for any damage caused as a result of incorrectly using the Website by the Users, in particular for the disclosure of Account passwords, disclosure of personal data, and for any damage resulting from ceasing the provision of the Services and deleting the Account of a User violating the Terms and Conditions or the provisions of law, as well as any damage resulting from the modification of the online Test code, or the incompetent use thereof.

10.8. The User is obliged to repair the damage which the second party has suffered as a result of non-performance or incorrect performance of the duties resulting from the Terms and Conditions and the commonly applicable norms by the Users, unless their non-performance or incorrect performance was a result of the circumstances the User is not liable for.

10.9. The Service Provider is not liable for any damage resulting from the cessation of the provision of the Services to the User who is violating the Terms and Conditions, this including as a result of the deletion of the Account of the User who is violating the Terms and Conditions.

10.10. The total amount of the liability of the Service Provider towards the user for any potential damage (damnum emergens) and for the lost profits (lucrum cessans), is limited:

(i) up to the amount of remuneration the Service Provider has received from the User for the last 6 months in relation to the performance of the Agreement - if the total time of the provision of the Services exceeds 6 months,

(ii) up to the amount of remuneration the Service provider has received from the User in relation to the performance of the Agreement - if the total time of the provision of the Services did not exceed 6 months.

10.11. The above does not apply to the User not being a consumer under the provisions of the Act of 23 April 1964 – Civil Code.

10.12. Both the Service Provider, the User, and the Respondent are not liable for damage or loss of data resulting from force majeure.

11. Final provisions

11.1. Any disputes between the Parties will be settled amicably. However, if there is no possibility of settling a dispute amicably, the competent Court will be the local court for the seat of the Service Provider.

11.2. The above provision is not applicable to consumers under the provisions of the Act of 23 April 1964 – Civil Code – where any disputes between the Parties will be settled amicably, or in the presence of an independent and impartial mediator. However, in case it is not possible to settle the dispute amicably, this including via mediation, the jurisdiction of the Court will be determined on the basis of the provisions which are generally applicable in the Republic of Poland.

11.3. In any matters not covered by the Terms and Conditions, the relevant provisions of Polish law will be applicable, and in particular, the Act of 23 April 1964 – Civil Code, the Act of 18 July 2002 on providing services by electronic means, and the Act of 30 May 2014 on Consumer Rights, as well as any other relevant acts.

11.4. Testportal reserves, to the extent which is permissible in compliance with the applicable regulations, the right to make changes and modifications of the Terms and Conditions in case of the occurrence of significant reasons related to, in particular, the technical or substantive aspect of the operation of the Website. The changes will be published on an ongoing basis on the Service Provider's Website. The changes to the Terms and Conditions cannot breach the rights of the Users which they have already acquired.

12. The Terms and Conditions are valid from October 3, 2021.