TERMS AND CONDITIONS OF THE LULA.CLEANING PLATFORM
§ 1.
General Provisions
These terms and conditions (hereinafter: the “Terms”) set out the rules and conditions for using the “Lula.Cleaning” platform available at https://app.lula.cleaning/ (hereinafter: the “Platform”) and the services provided by the Service Provider.
These Terms constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (the “Act on the Provision of Services by Electronic Means”).
The owner of the Platform is Lula Solutions Sp. z o.o., with its registered office in Warsaw (registered address: ul. Hoża 29/31, 00 – 521 Warsaw, Poland), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000977968, NIP: 7011093598, REGON: 522355756, share capital: PLN 5,000 (hereinafter: the “Service Provider”).
You can contact the Service Provider via:
• email – at: support A T lula . cleaning;
• postal mail – at: ul. Hoża 29/31, 00 – 521 Warsaw;
• telephone – at: +48 604 99 86 22.
In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (the Digital Services Act, “DSA”), the Service Provider has designated a point of contact for direct communication with authorities of EU Member States, the European Commission, the Digital Services Board, and Application Users in matters covered by the DSA. The point of contact is available at: support A T lula . cleaning.
Information available on the Platform about services provided by the Service Provider, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of 23 April 1964 (the “Civil Code”).
Before starting to use the Platform, the Client must read these Terms and the Privacy Policy: https://lula.cleaning/en/privacy-policy/
§ 2.
Definitions
Capitalized terms used in the Terms have the following meanings:
Price List – a document or information specifying the current price of Packages;
Property Manager – a Client that manages a property or property rentals and that has concluded with the Service Provider an Agreement for the provision of the Account Service, or has taken steps to conclude it;
Cleaning Company – a Client that has concluded with the Service Provider an Agreement for the provision of the Account Service, or has taken steps to conclude it;
Guest – a tenant who gains access to the Platform via the Property Manager or Cleaning Company, under the Package of Services used by that tenant;
Client – a Property Manager or Cleaning Company that is a Business, a Business acting as a Consumer, or a Consumer;
Civil Code – the term defined in § 1(…) of the Terms;
Client User – an employee or contractor of the Client who coordinates the use of the Services and gains access to the Platform via the Client, under the Package of Services used by the Client; the Client User uses the Platform within the role and permissions assigned by the Client;
Maintenance Technician – an employee or contractor of the Client who performs repairs in rented premises on its behalf; the Maintenance Technician uses the Platform within the role and permissions assigned by the Client;
Consumer – a natural person who concludes a legal transaction with the Service Provider not directly related to that person’s business or professional activity;
Account – the Client’s panel created in the Platform’s IT system, enabling the Client to use its functionalities;
Licence – the term defined in § 9(…) of the Terms;
Property – each cleaning unit defined on the account, including for example an apartment, flat, room (e.g., hotel room), cottage, camper, or other place such as a staircase, kitchen, etc., which is subject to cleaning;
Non‑conformity – non‑conformity of the Platform Use Service with the agreement relating to it;
Review – a Client’s review of the Account Service or the Platform Use Service, including a description of the Client’s experience with those services;
Cleaning Staff – an employee or contractor of the Property Manager or Cleaning Company who performs the Cleaning Service on its behalf; the Cleaning Staff use the Platform within the role and permissions assigned by the Client;
Package – a set of Platform Use Services specified in the Price List that may be purchased by the Client;
Privacy Policy – the document containing information about the processing of Clients’ personal data by the Service Provider;
Digital Item – the Account Service or the Platform Use Service;
Business – a natural person, legal person or organizational unit without legal personality that is granted legal capacity by specific provisions, conducting business or professional activity in its own name;
Business acting as a Consumer – a natural person conducting business or professional activity in its own name who has concluded with the Service Provider an Agreement directly related to that person’s business activity, but not of a professional nature for that person, in particular considering that person’s registered business scope;
Terms – the term defined in § 1(1) of the Terms;
Personal Data Processing Terms – the terms and conditions governing entrustment by the Property Manager or Cleaning Company (acting as personal data controllers) to the Service Provider (acting as a processor) of the processing of the personal data saved by the Property Manager or Cleaning Company in the Account;
User Content – any information and files created or posted by a User on the Platform;
Agreement – the Agreement for the provision of the Account Service or the Agreement for the provision of the Platform Use Service;
Agreement for the provision of the Account Service – an agreement under which the Service Provider undertakes, for consideration, to provide the Client with the Account Service for an indefinite period, and the Client undertakes to provide the Service Provider with its data, including personal data;
Agreement for the provision of the Platform Use Service – an agreement under which the Service Provider undertakes, for consideration, to provide the Client with the Platform Use Service;
Cleaning Agreement – an agreement between a Property Manager and a Cleaning Company, the subject of which is the provision by the Cleaning Company to the Property Manager of the mutually agreed scope of cleaning services and property maintenance; the Platform also enables management of cleaning and maintenance work within the Property Manager’s organization or its clients;
Account Service – a digital service consisting in the creation and maintenance by the Service Provider of an Account for the Client;
Platform Use Service – a digital service consisting in enabling the Client, by the Service Provider, to use the Platform’s functionalities in order to perform activities related to the performance of a Cleaning Agreement or other assigned tasks;
Service Provider – the term defined in § 1(3) of the Terms;
Consumer Rights Act – the Act of 30 May 2014 on consumer rights;
Act on the Provision of Services by Electronic Means – the term defined in § 1(2) of the Terms;
User – a Client, Manager, Cleaning Staff, Maintenance Technician, Guest, or any other person who has access to the Platform.
§ 3.
Technical Requirements
To use the services provided by the Service Provider via the Platform properly, Clients must have, jointly:
• an Internet connection;
• devices that allow use of Internet resources;
• a current and correctly configured version of the following web browsers: Chrome on Android devices and desktop devices; Safari on Apple mobile devices; Chrome on Apple desktop devices;
• a web browser that displays hypertext documents linked on the Internet via the WWW service and that supports the JavaScript programming language, and additionally accepts cookies;
• software that correctly displays images in JPG/GIF/PNG/WEBP formats;
• an active email account – depending on the role assigned to the User.
It is prohibited to use viruses, bots, worms or other computer code, files or programs (in particular scripts and applications that automate processes or other code, files or tools) on the Platform.
The Service Provider uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including by using SSL encryption, access passwords and antivirus or anti‑malware programs.
The Service Provider informs that, despite the safeguards referred to in the preceding paragraph, the use of the Internet and services provided electronically may be threatened by harmful software entering the User’s ICT system and device, or by third parties gaining access to data located on that device. To minimize this risk, the Service Provider recommends using antivirus programs or means that protect online identity and using strong passwords (consisting of at least 8 characters, including upper‑ and lower‑case letters, digits and special characters).
§ 4.
General Rules for the Provision of Services
The User must use the services provided by the Service Provider in a manner consistent with generally applicable law, these Terms and good practice.
It is prohibited for the User to provide unlawful content.
A Client using the services provided by the Service Provider must provide only data (including personal data) that are accurate. The Service Provider is not liable for the consequences of the Client providing false or incomplete data.
If activities on the Platform (in particular conclusion of an Agreement) are performed by a natural person acting on behalf of a Client that is not a natural person, the performance of such activity is equivalent to a declaration by that natural person that they are authorized to represent the Client. The Service Provider is entitled to request that such person provide proof of their authority to represent the Client, in particular a power of attorney document or an excerpt from the relevant register. If an activity is performed on behalf of a Client despite the absence of authority to represent the Client, the natural person performing such activity bears the liability provided for in the Civil Code.
Package prices are specified in the Price List and are net of VAT. Package prices may differ depending on the location of the properties added in the system.
The following, in particular, constitute a breach of these Terms:
• provision by the Client or User of unlawful content;
• use by the Client or User of the services provided by the Service Provider contrary to their intended purpose;
• provision by the Client or User of false or incomplete data – except during the trial period, during which the Client may provide a limited scope of data;
• performance by a natural person of an activity on behalf of a Client despite a lack of authority to represent the Client;
• failure by the Client to perform, or improper performance of, Cleaning Agreements, which may adversely affect the Service Provider’s reputation or good name.
If a breach of the Terms is found, the Service Provider may call upon the Client to remedy it, setting a deadline of not less than 7 (seven) days for that purpose.
Any statements, calls, notices and information referred to in the Terms may be communicated by email, unless a specific provision of the Terms states otherwise.
§ 5.
Agreement for the Provision of the Account Service
To conclude an Agreement for the provision of the Account Service, the Property Manager / Cleaning Company should perform the following actions:
• go to the Platform website and click the “Register” link;
• in the displayed form, enter the first and last name, email address (which also serves as the login for the Property Manager / Cleaning Company), phone number, or alternatively use the option to set up an account via available external platforms such as Google or Facebook;
• tick the checkbox confirming that they have read the Terms and the Privacy Policy and accept their provisions (required);
• click “Register”.
Performing the actions referred to above is equivalent to the Client’s conclusion of the Agreement for the provision of the Account Service.
After creating the Account, the Client may supplement the data stored on it with:
• company name;
• registered office / principal place of business;
• billing address;
• tax identification number / EU VAT number.
The Service Provider may also supplement the Client’s data on its own, based on the data provided by the Client (in particular the company name or tax identification number / EU VAT number).
The Service Provider informs, and the Client acknowledges, that maintaining the conformity of the Account Service may require the Client to install its updates.
If the Client is not granted access to the Account immediately after concluding the Agreement for the provision of the Account Service, the Client shall call upon the Service Provider to immediately grant access to the Account. The call referred to in the preceding sentence may be sent by email to the address indicated in § 1(4)(1) of the Terms. If the Service Provider does not grant the Client access to the Account immediately after receiving the call referred to in the preceding sentence, the Client may withdraw from the Agreement for the provision of the Account Service.
Irrespective of the preceding paragraph, if the Client is not granted access to the Account, the Client may withdraw from the Agreement for the provision of the Account Service without calling upon the Service Provider to grant access to the Account if at least one of the cases referred to in Article 43j(5) of the Consumer Rights Act occurs.
The provisions of the two preceding paragraphs apply only to Clients who are Consumers or Businesses acting as Consumers.
Withdrawal by the Client from the Agreement for the provision of the Account Service or its termination, regardless of the basis for such action, is effected by the Property Manager / Cleaning Company submitting to the Service Provider a statement of withdrawal from, or termination of, the Agreement for the provision of the Account Service. The statement referred to in the preceding sentence may be sent by email to the address indicated in § 1(4)(1) of the Terms. The Service Provider shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence, or upon the expiry of the notice period specified in the Terms.
If the Client breaches these Terms and fails to remedy the breach despite receiving the call referred to in § 4(…) of the Terms, the Service Provider may terminate the Agreement for the provision of the Account Service by giving 7 (seven) days’ notice, by sending the Client a termination notice by email. Upon the expiry of the notice period referred to in the preceding sentence, the Account is permanently deleted. During the notice period, the Service Provider may block the Client’s access to the Account for a period not exceeding 5 (five) days if this is necessary to prevent further breaches by the Client. In the case referred to in this paragraph, the Service Provider is not obliged to refund any fees paid by the Client for the Services.
If the measure referred to in the preceding paragraph is applied, the User to whom the measure was applied may file an appeal under § 9 of the Terms. The Service Provider is entitled to delete the Client’s Account if the Client or Users do not log in for over one year.
Irrespective of the preceding provisions, the Client may at any time notify the Service Provider of the wish to suspend the Client’s Account or individual properties for a period indicated by the Client, not exceeding 12 months. During the suspension period, data synchronization with external booking systems is not performed. Maintaining the availability of the Account Service requires the Client to pay a hibernation fee in accordance with the Price List or on terms individually agreed with the Service Provider.
§ 6.
Agreement for the Provision of the Platform Use Service
Under the Agreement for the provision of the Platform Use Service, the Service Provider enables the Client (to the extent arising from the Package purchased by the Client) to use the following Platform features in order to perform activities related to concluding and performing a Cleaning Agreement:
• keeping and synchronizing the calendar of active properties within available integrations with external partners;
• adding bookings;
• adding and viewing photos of properties;
• creating reports;
• measuring cleaning time by Clients;
• receiving notifications, including push and email notifications;
• sending messages to related Users;
• keeping statistics of completed cleaning work and repairs;
• coordinating and carrying out settlements of completed cleaning work and repairs;
• creating and editing checklists.
Using the Platform Use Service requires creating an Account.
The Agreement for the provision of the Platform Use Service is concluded when the Client gains access to the Platform in accordance with the Package selected by the Client or as part of the trial period.
Photos and communication history are stored in the Account for 12 months from the date of their entry. The annual free storage limit for uploaded materials (photos along with their downscaled versions, PDFs, videos, etc.) is 512 MB per active property in the system. Only materials associated with active properties may be uploaded. Further storage of the above‑mentioned data by the Service Provider requires payment of an additional fee for each subsequent calendar month, in an amount and manner agreed with the Service Provider.
Irrespective of the preceding paragraph, the Service Provider applies the following data retention rules for Client‑related data stored within the Platform:
• notifications (messages) received within the Platform are deleted 30 days after posting;
• logs of actions performed by the User and booking records are stored for one year from the event occurring in the Platform system.
§ 7.
Settlements
Unless a specific provision of the Terms or individual arrangements with the Service Provider provide otherwise, all payments due to the Service Provider are made by Clients to the Service Provider’s bank account indicated on the pro forma invoice.
After concluding the Agreement for use of the Platform in accordance with the Package selected by the Client, the Service Provider issues a pro forma invoice with a three‑day payment term. The invoice is issued electronically and sent to the Client to the email address saved on the Account.
Immediately after receiving the payment, the Service Provider issues an electronic invoice and sends it to the Client as described above.
If the pro forma invoice issued by the Service Provider is not paid within the specified deadline, the Service Provider may suspend the Client’s ability to use the Platform access service until it is paid.
In the event of late payment:
• after 3 calendar days from the due date indicated on the invoice, the Service Provider may suspend data synchronization on the Client’s Account with external booking systems;
• after 15 calendar days from the due date indicated on the invoice, the Service Provider may suspend the Client’s Account or access to individual properties.
At the Client’s express written request, the Service Provider may issue a paper VAT invoice and send it by post to the address indicated by the Client, at the Client’s expense.
§ 8.
Detailed Conditions of Users’ Access to the Platform
Cleaning Staff gain access to the Platform via a unique, individually generated link, after entering their assigned PIN.
The link referred to above is obtained by the Client via the Platform.
Cleaning Staff are not entitled to change their assigned PIN independently.
The Guest gains access to the Platform for the duration of the stay in the property rented from the Property Manager, via a unique link for the given property generated by the Service Provider. The link may be retrieved by the Property Manager and provided to the Guest.
Within the access granted to the Platform, the Guest may:
• order cleaning of the rented property (the service is settled separately between the Property Manager and the Guest);
• rate the quality of the cleaning performed.
§ 9.
Reviews and User Content
The Client may submit to the Service Provider a Review concerning the services provided by the Service Provider.
A Review may be submitted in any manner, including by email, by posting it on the Service Provider’s social media profile, or via other services that allow posting reviews.
Submitting a Review does not oblige the Service Provider to publish it.
It is prohibited to post User Content and Reviews that:
• include false data, or are contrary to the law, these Terms or good practice;
• include content serving prohibited activities, incite violence or hatred, or insult any group of persons or a person;
• include content that may violate personal rights, copyrights, image rights or other rights of third parties;
• include advertising, promotional, political, religious or discriminatory content;
• include content promoting activities that compete with the Service Provider.
Any person using the Platform (the “Notifier”) is entitled to report User Content or a Review that may violate the Terms.
A report may be submitted as follows:
• by email to: support A T lula . cleaning
The report should include the following information:
• a sufficiently reasoned explanation of the reasons why the given User Content or Review constitutes illegal content;
• a clear indication of the precise electronic location of the information, such as the exact URL or exact URLs and, where appropriate, additional information enabling identification of the User Content or Review, taking into account its type and the Application’s functionality;
• the Notifier’s name and surname or business name and email address, except for a report concerning information considered related to one of the crimes referred to in Articles 3 – 7 of Directive 2011/93/EU;
• a statement confirming the Notifier’s good‑faith belief that the information and allegations contained therein are correct and complete.
Upon receipt of a report, the Service Provider sends the Notifier a confirmation of receipt to the email address provided.
If the report does not contain the elements indicated above or contains errors, the Service Provider may request that the Notifier supplement or correct the report within 14 days from the date of receiving the request. If the Notifier fails to supplement or correct the report within the time limit indicated in the preceding sentence, the Service Provider may leave the report unprocessed.
The Service Provider verifies the reported User Content or Review within 14 days from the date of receipt of a complete and correct report. As part of the verification, if necessary, the Service Provider will ask the Notifier to send the necessary additional information or documents. Until the report is processed, the Service Provider may block the visibility of the User Content or Review.
After verifying the report, the Service Provider will:
• remove the User Content or Review that violates the Terms; or
• restore the User Content or Review that does not violate the Terms (if its visibility was blocked at the verification stage),
providing the reasons for its decision.
If User Content or a Review is removed, the Service Provider promptly informs both the Notifier and the User who posted the removed User Content or Review, providing the reasons for its decision.
The justification of the Service Provider’s decision includes:
• an indication of whether the decision concerns removal of the User Content/Review, blocking its visibility, de‑ranking it, or imposing other measures referred to in the Terms with respect to that Review and, where appropriate, the territorial scope of the decision and the period for which it applies;
• the facts and circumstances on which the decision is based, including, where appropriate, information on whether the decision was taken on the basis of a report submitted by the Notifier or on the basis of voluntary checks carried out by the Service Provider on its own initiative and, where absolutely necessary, the Notifier’s identity;
• where appropriate, information on the use of automated means in decision‑making, including information on whether the decision concerned User Content/Reviews detected or identified using automated tools;
• if the decision concerns potentially unlawful User Content/Review, an indication of the legal or contractual basis for the decision and explanations of the reasons why, on that basis, the given Review is considered unlawful content;
• clear and user‑friendly information for the User and the Notifier on their options for appealing the decision.
A User whose User Content or Review has been removed, or a Notifier whose request to remove reported User Content/Review has been refused, may appeal the Service Provider’s decision.
An appeal may be submitted as follows:
• by email – to: support A T lula . cleaning
• in writing, preferably by registered letter – to the address given in the header of the Terms.
An appeal should include:
• the appellant’s name and surname or business name;
• contact details (email address, mailing address);
• a detailed explanation as to why, in the appellant’s opinion, the Service Provider’s decision is incorrect and should be changed.
The Service Provider promptly confirms receipt of an appeal by sending a notice to the email address indicated by the appellant.
Appeals are reviewed within 14 days from the date of receipt, by the Service Provider’s authorized team (these actions will not be taken in an automated manner, without human involvement).
Submitting User Content or a Review constitutes the User’s declaration that they are its sole author. The User bears full responsibility for the User Content/Review and the consequences of its publication (including for violations of third parties’ personal rights and intellectual property rights). If the Review includes the Client’s face image, the Client agrees to its use by the Service Provider for the purposes indicated in this paragraph.
Submitting User Content/Reviews is equivalent to the User granting the Service Provider a free, non‑exclusive licence to use them (the “Licence”).
The Licence is granted for an indefinite period (with the option to terminate it two years in advance, effective at the end of a calendar year) and without territorial limitation, and includes use of the User Content/Review in the following fields of exploitation:
• fixation and reproduction in any quantity, by any technique and in any format;
• dissemination in any manner, by any means of transmission, in particular by publication in the Application and on the Service Provider’s social media.
The Licence authorizes the Service Provider to modify the Review, where necessary for its dissemination in a particular manner, without changing its essence and substance.
The Licence authorizes the Service Provider to grant to any selected third parties sub‑licences to use the Review. A sub‑licence, as referred to in the preceding sentence, may be granted by the Service Provider for consideration or free of charge.
The Client undertakes not to exercise the moral rights in the User Content/Review (including the right to attribution and the right to supervise the use of the User Content/Review) and authorizes the Service Provider to exercise those rights on the Client’s behalf.
Irrespective of the above provisions, the Client grants the Service Provider a free, non‑exclusive licence to use the Client’s name and logo (the “Logo”).
The licence referred to in the preceding sentence is granted for an indefinite period (with the option to terminate it two years in advance, effective at the end of a calendar year) and without territorial limitation, and includes use of the Logo in the following fields of exploitation:
• fixation and reproduction in any quantity, by any technique and in any format;
• dissemination in any manner, by any means of transmission, in particular by publication in the Application and on the Service Provider’s social media.
§ 10.
Right of Withdrawal from the Agreement
The provisions of this § 10 apply only to Clients who are Consumers or Businesses acting as Consumers.
Under Articles 27 et seq. of the Consumer Rights Act, the Client has the right to withdraw from an Agreement without giving any reason within 14 (fourteen) days from its conclusion.
The Client exercises the right to withdraw from an Agreement by submitting to the Service Provider a statement of withdrawal. To meet the withdrawal deadline, it is sufficient to send the statement before the expiry of the period referred to in the preceding paragraph.
The Client may submit a statement of withdrawal from an Agreement in any form, in particular using the form constituting Annex No. 2 to the Consumer Rights Act.
Upon receiving the Client’s statement of withdrawal from an Agreement, the Service Provider promptly sends the Client a confirmation of receipt by email.
The Service Provider informs, and the Client acknowledges, that the right to withdraw from an Agreement, as referred to in this paragraph, does not apply to an Agreement for the provision of a service that has been fully performed (pursuant to Article 38(1)(1) of the Consumer Rights Act).
If the withdrawal concerns an Agreement for the provision of a service that has not been fully performed, the Service Provider refunds to the Client the Package price reduced by the value of the services used by the Client up to the time of withdrawal. The refund is made within 14 (fourteen) days from the date on which the Service Provider receives the statement of withdrawal and is made using the same means of payment as used by the Client in the original transaction, unless the Client expressly agrees to a different solution. The Client does not incur any costs of the refund.
§ 11.
Service Provider’s Liability
The Service Provider undertakes to perform the services with due care.
The Service Provider is not liable to Clients for the consequences of:
• use by Clients of any services available within the Platform contrary to their intended purpose;
• provision by Users of incorrect or false data, in particular data regarding the duration of cleaning or repair;
• making available by the Property Manager/Cleaning Company to unauthorized persons the data contained in the Account, including data for accessing the cleaned property;
• the use of the authorization data for access to the Account Service by third parties where those third parties obtained the data as a result of its disclosure by the User or as a result of the Client’s failure to adequately protect it against access by such persons;
• damage arising from causes beyond the Service Provider’s control, in particular actions of third parties for which the Service Provider is not liable.
With respect to Clients who are neither Consumers nor Businesses acting as Consumers, the Service Provider’s liability for damage suffered by the Client as a result of non‑performance or improper performance by the Service Provider of an obligation is limited to actual damage suffered by the Client, up to EUR 100.
The Service Provider is not liable for disruptions in the functioning of the Platform resulting from:
• force majeure;
• necessary maintenance and modernization works carried out on the Platform;
• reasons attributable to the Client;
• reasons beyond the Service Provider’s control, in particular actions of third parties for which the Service Provider is not liable.
The Service Provider undertakes to carry out the works referred to above in a manner that is as little burdensome for Clients as possible and, where possible, to inform them in advance of planned works.
The Service Provider undertakes, where possible, to promptly remove disruptions in the operation of the Platform.
§ 12.
Complaints Regarding the Digital Item
The provisions of this § 12 apply only to:
• Clients who are Consumers or Businesses acting as Consumers;
• Agreements for the provision of the Account Service and Agreements for the provision of the Platform Use Service, unless a specific provision of the Terms applies to only one of those Agreements;
• Non‑conformity of the Account Service with the Agreement for the provision of the Account Service, or Non‑conformity of the Platform Use Service with the Agreement for the provision of the Platform Use Service.
The service must comply with the Agreement concerning its provision throughout the period of its provision.
The Service Provider is liable for Non‑conformities revealed at any time during the provision of the Service.
If a Non‑conformity is revealed, the Client may submit a complaint requesting that the Digital Item be brought into conformity with the Agreement concerning its provision.
A complaint is submitted by email to the address indicated in § 1(4)(1) of the Terms.
A complaint should include:
• the Client’s name and surname;
• email address;
• description of the revealed Non‑conformity;
• a request to bring the Digital Item into conformity with the Agreement concerning its provision.
The Service Provider may refuse to bring the Digital Item into conformity with the Agreement concerning its provision if this is impossible or would involve excessive costs for the Service Provider.
After reviewing the complaint, the Service Provider provides the Client with a response to the complaint in which it:
• upholds the complaint and indicates the planned date for bringing the Digital Item into conformity with the Agreement concerning its provision; or
• refuses to bring the Digital Item into conformity with the Agreement concerning its provision for the reasons indicated above; or
• rejects the complaint as unfounded.
The Service Provider provides a response to the complaint by email within 14 (fourteen) days from the date of its receipt.
If the complaint is upheld, the Service Provider, at its own cost, brings the Digital Item into conformity with the Agreement concerning its provision within a reasonable time from the moment of receipt of the complaint and without undue inconvenience to the Client, taking into account the nature of the Digital Item and the purpose for which it is used. The planned date for bringing the Digital Item into conformity with the Agreement concerning its provision is indicated by the Service Provider in its response to the complaint.
If a Non‑conformity is revealed, subject to the next paragraph, the Client may submit to the Service Provider a statement on price reduction or on withdrawal from the Agreement, where:
• bringing the Digital Item into conformity with the Agreement concerning its provision is impossible or would involve excessive costs;
• the Service Provider has not brought the Digital Item into conformity with the Agreement concerning its provision in accordance with the preceding paragraphs;
• the Non‑conformity persists despite the Service Provider’s attempt to bring the Digital Item into conformity with the Agreement concerning its provision;
• the Non‑conformity is so material as to justify withdrawal from the Agreement concerning the provision of the given Digital Item without first requesting that the Service Provider bring the Digital Item into conformity with that Agreement;
• it clearly follows from the Service Provider’s statement or the circumstances that the Service Provider will not bring the Digital Item into conformity with the Agreement concerning its provision in a reasonable time or without undue inconvenience to the Client.
A statement on price reduction or on withdrawal from the Agreement may be submitted by email to the address indicated in § 1(4)(1) of the Terms.
A statement on price reduction or on withdrawal from the Agreement should include:
• the Client’s name and surname;
• email address;
• the date on which the Digital Item was provided;
• a description of the revealed Non‑conformity;
• an indication of the reason for submitting the statement, selected from the reasons listed above;
• a statement on the price reduction, together with the reduced price, or a statement on withdrawal from the Agreement.
The Client may not submit to the Service Provider a statement on price reduction where the Non‑conformity concerns the free Account Service.
The Service Provider is not entitled to demand payment for the period during which the Platform Service was non‑conforming with the Agreement concerning its provision, even if the Client used it before withdrawing from the Agreement concerning it.
The reduced price must be proportionate to the price resulting from the Agreement for the provision of access to the Platform in which the value of the non‑conforming Platform access service is to the value of the conforming Platform access service (in accordance with the Package purchased by the Client).
The Service Provider refunds to the Client any amounts due as a result of exercising the right to a price reduction or withdrawal from the Agreement for the provision of the Platform access service without delay, not later than within 14 (fourteen) days from the date of receipt of the statement on price reduction or withdrawal from the Agreement for the provision of the Platform access service.
If the Client withdraws from the Agreement for the provision of the Account Service, the Service Provider deletes the Account immediately upon receipt of the Client’s statement of withdrawal from the Agreement for the provision of the Account Service.
If, before withdrawing from the Agreement for the provision of the Account Service, the Client concluded an Agreement for the provision of the Platform Use Service, the withdrawal from the Agreement for the provision of the Account Service is equivalent to simultaneous withdrawal from the Agreement for the provision of the Platform Use Service under this § 12. Withdrawal from the Agreement for the provision of the Account Service in the manner indicated in this paragraph has the same effects as withdrawal from the agreement due to Non‑conformity.
Pursuant to Article 34(1a) of the Consumer Rights Act, in the event of the Client’s withdrawal from an Agreement concerning the provision of a Digital Item, the Client must cease using that Digital Item and making it available to third parties.
§ 13.
Service Provider’s Intellectual Property
All components of the Platform, in particular:
• the name of the Platform;
• the Platform’s logo;
• photos and descriptions;
• the rules of operation of the Platform, all its graphic elements, the interface, software, source code and databases,
are legally protected under the Act of 4 February 1994 on copyright and related rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on combating unfair competition and other generally applicable provisions of law, including EU law.
Any use of the Service Provider’s intellectual property within the Client’s business without the Service Provider’s prior, express consent is prohibited.
§ 14.
Processing of Personal Data
Information on the processing of personal data by the Service Provider is available in the Privacy Policy at: https://lula.cleaning/pl/polityka-prywatnosci/.
The rules and conditions for entrusting the Service Provider with the processing of personal data by the Client are set out in the Personal Data Processing Terms, constituting Annex No. 1 to the Terms.
§ 15.
Out‑of‑Court Dispute Resolution
The provisions of this § 15 apply only to Clients who are Consumers.
The Client may use out‑of‑court methods of handling complaints and pursuing claims.
Detailed information on the possibilities available to the Client to use out‑of‑court methods of handling complaints and pursuing claims and the rules of access to those procedures is available at the offices and on the websites of:
• district (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection;
• Voivodeship Inspectorates of Trade Inspection;
• the Office of Competition and Consumer Protection.
The Client may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
§ 16.
Change to the Account Service
The provisions of this § 16 apply only to Clients who are Consumers or Businesses acting as Consumers.
The Service Provider may change the Account Service in the event of:
• the need to adapt the Service to new devices or software used by Clients to use the Service;
• the Service Provider’s decision to improve the Service by adding new functionalities or modifying existing ones;
• a legal obligation to make changes, including an obligation to adapt the Service to the current legal status.
A change to the Account Service may not entail any costs for a Client who is a Consumer or a Business acting as a Consumer.
The Service Provider informs Clients of a material change to the Service by placing a notice on the Account informing them of the changes, or by sending Clients an email.
If a change to the Account Service would significantly and negatively affect access to the Service for a Client who is a Consumer or a Business acting as a Consumer, the Service Provider must inform the Client about:
• the characteristics and the date of the change, and
• the Client’s right to terminate the Agreement for the provision of the Service with immediate effect within 30 (thirty) days of the change.
The information referred to in the preceding paragraph is sent by the Service Provider to Clients by email not later than 1 (one) day before the change is made.
Termination by the Client of the Agreement for the provision of the Service on the basis of the above right is effected by the Client submitting to the Service Provider a statement of termination of the Agreement for the provision of the Service. The statement referred to in the preceding sentence may be sent by email to the address indicated in § 1(4)(1) of the Terms.
Termination of the Agreement for the provision of the Service based on the above right has the same effects as provided for in § 12 of the Terms in the case of withdrawal from the Agreement for the provision of the Service due to Non‑conformity.
§ 17.
Price List
The current Price List is available at: https://lula.cleaning/pl/.
The Price List may provide that a specified number of Platform Use Services may be used by the Client free of charge.
The Service Provider may change the Price List at any time.
A change to the Price List does not affect the remuneration of the Service Provider specified in Agreements concluded before the change to the Price List.
The Client may change the Package used at any time. The change is effective from the Client’s next billing period.
§ 18.
Amendments to the Terms
The Service Provider may amend these Terms in the event of:
• a change in the Service Provider’s business activities;
• commencement by the Service Provider of new services, modification of services provided to date or cessation of providing them;
• technical modification of the Platform requiring adaptation of the Terms to those changes;
• a legal obligation to make changes, including an obligation to adapt the Terms to the current legal status.
Users will be informed of amendments to the Terms by publication of the amended version on the Platform’s website. In addition, the amended version of the Terms will be sent to Clients by email.
A Client who is a Consumer or a Business acting as a Consumer who does not agree to an amendment to the Terms may terminate the Agreement with immediate effect within 10 (ten) days from the date of receiving the information about the amendment to the Terms. Failure to terminate is deemed consent to the amendment. Termination of the Agreement is effected by the Client submitting to the Service Provider a statement of termination of that Agreement. The statement referred to in the preceding sentence may be sent by email to the address indicated in § 1(4)(1) of the Terms.
Immediately upon receipt of the statement referred to in the preceding paragraph, the Service Provider deletes the Account.
§ 19.
Final Provisions
The current version of the Terms has been in force since 1 July 2023.
Under a separate agreement concluded with the Client, the Service Provider may regulate the rules for using the Platform differently. In such a case, in the event of a conflict, the provisions of that agreement take precedence over these Terms.
These Terms are governed by Polish law. Any disputes under these Terms will be resolved by amicable negotiations and, if no agreement is reached, by the common court having jurisdiction over the Service Provider’s registered office.
In matters not regulated by these Terms, the generally applicable provisions of Polish law apply.
Annex No. 1
TERMS OF THE PERSONAL DATA PROCESSING AGREEMENT
§ 1.
General Provisions
These personal data processing terms (the “Processing Terms”) set out the rules and conditions for entrusting the processing of personal data saved by the Client in the Account.
In matters not regulated by the Processing Terms, the provisions of the Lula.Cleaning Platform Terms (the “Platform Terms”) apply.
All capitalized terms not otherwise defined in the Processing Terms have the meaning given to them in the Platform Terms.
The Processing Terms constitute a standard form of the agreement referred to in Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, “GDPR”).
§ 2.
Entrusting the Processing of Personal Data
The Client (also: the “Controller”) entrusts the Service Provider (also: the “Processor”) with the processing of personal data pursuant to Article 28 GDPR, to the extent specified in § 3 of the Processing Terms.
The Controller represents that:
• it is the controller of the personal data entrusted to the Processor under the Processing Terms;
• the personal data entrusted to the Processor for processing are collected and processed in accordance with the GDPR and other generally applicable provisions of law.
The Processor undertakes to process personal data to the extent and on the terms specified in the Processing Terms, the GDPR and other generally applicable provisions of law.
The services specified in the Processing Terms are performed by the Processor as part of the remuneration specified in the Platform Terms and in the Price List.
§ 3.
Subject Matter, Nature, Purpose and Duration of Processing
The personal data entrusted by the Controller will be processed by the Processor solely on the Controller’s documented instructions and solely for the purpose of performing the services indicated in the Platform Terms. “Documented instructions” in particular include the Controller’s conclusion of the Agreement for the provision of the Account Service for the Property Manager / Cleaning Company (also: the “Master Agreement”).
The Controller entrusts the Processor with the processing of the following categories of personal data (the “Entrusted Personal Data”):
• first and last names;
• email addresses;
• telephone numbers;
• IP addresses;
• other personal data provided by the data subject.
The personal data entrusted by the Controller under the Processing Terms do not constitute special categories of data referred to in Article 9 GDPR, nor data relating to criminal convictions and offences referred to in Article 10 GDPR.
Processing of the Entrusted Personal Data will be carried out using IT systems (in an automated manner).
§ 4.
Obligations, Rights and Representations of the Processor
Before commencing processing, and thereafter, the Processor undertakes to secure the Entrusted Personal Data by implementing and maintaining technical and organizational measures appropriate to the nature, scope, context and purposes of processing the Entrusted Personal Data, including the measures required by applicable laws, so that the processing of the Entrusted Personal Data meets the GDPR requirements.
The Processor undertakes to ensure that persons authorized to process the personal data entrusted under the Processing Terms are bound by confidentiality or are subject to an appropriate statutory duty of confidentiality.
To the extent justified by the subject of the Master Agreement and to the extent possible, the Processor undertakes to assist the Controller in complying with its obligation to respond to requests from data subjects to exercise their rights under the generally applicable provisions of law, including Chapter III of the GDPR.
The Processor undertakes to promptly notify the Controller of:
• any personal data breach affecting the Entrusted Personal Data, meaning any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Entrusted Personal Data. The notification referred to in this point must be made no later than within 24 hours of detecting the breach;
• any request received from a data subject whose data it processes, refraining from responding to the request until receiving the Controller’s instructions. The notification referred to in this point must be made no later than within 24 hours of receiving the request;
• any legally binding request to disclose personal data made by a competent state authority, unless notifying is prohibited by law, in particular by criminal procedure provisions where the prohibition aims to ensure the confidentiality of the investigation;
• any audit of compliance with personal data processing carried out by the President of the Personal Data Protection Office or another supervisory authority and its results, and other activities of public authorities concerning such data.
To the extent justified by the subject of the Master Agreement and the information available to it, the Processor undertakes to assist the Controller in complying with its obligations under the generally applicable provisions of law, including Articles 32 – 36 GDPR, concerning personal data security, notification of personal data breaches to the supervisory authority and the data subject, data protection impact assessments and prior consultations with the supervisory authority.
The Processor undertakes to:
• provide the Controller, within 14 days from the date of receiving a request, with all information and documents necessary to demonstrate the Controller’s compliance with its obligations under the generally applicable provisions of law;
• enable the Controller or an auditor authorized by the Controller to conduct audits, including inspections, and contribute to them, under rules to be determined by the parties on each occasion and subject to the provisions of this paragraph.
An audit as referred to above may be carried out:
• not earlier than 14 days from the date of the Processor’s receipt of the notice of the audit, at a date agreed by the parties; and
• after the Processor and the Controller or the auditor authorized by the Controller conclude a confidentiality agreement.
After completing the audit, the parties will draw up a report in two copies, to be signed by authorized representatives of both parties. The Processor may submit comments to the report within 5 business days from the date of its signing by the parties’ representatives.
If, during the audit, irregularities affecting the security of processing the Entrusted Personal Data are identified, the Processor undertakes to implement the recommendations formulated by the Controller or the auditor authorized by the Controller.
§ 5.
Controller’s Obligations
Throughout the term of the Master Agreement, the Controller must have a legal basis for processing the Entrusted Personal Data and appropriate rights enabling their entrustment to the Processor. If the legal basis or rights with respect to certain Entrusted Personal Data are lost, the Controller must promptly take steps necessary to cease entrusting those data, in particular by notifying the Processor.
The Controller undertakes not to issue to the Processor instructions regarding the processing of the Entrusted Personal Data that would be inconsistent with the generally applicable provisions of law, the Processing Terms or other contractual obligations.
§ 6.
Sub‑processing
The Controller grants general consent for the Processor to further entrust the processing of personal data (“sub‑processing”) to subcontractors selected by the Processor.
A list of subcontractors to whom the Processor has sub‑entrusted the processing of personal data is held by the Processor and may be made available to the Controller upon request.
The Processor undertakes to ensure that:
• the entity to which sub‑processing is entrusted applies appropriate technical and organizational measures to ensure that the processing of the Entrusted Personal Data complies with the GDPR;
• the scope of the sub‑processor’s obligations regarding data protection corresponds to the Processor’s obligations under the Processing Terms.
If the Processor intends to sub‑entrust the processing of personal data to a given subcontractor, the Processor must notify the Controller by email no later than 7 (seven) days before making the sub‑entrustment. The Controller may object to the sub‑processing referred to in the preceding sentence by submitting an objection by email within 7 (seven) days from the date of receipt of the notice of sub‑processing.
Upon expiry without result of the deadline for submitting an objection, the Processor may sub‑entrust the processing of personal data to the selected subcontractor.
If an objection is submitted as referred to above, the Processor may withdraw from the Master Agreement with immediate effect.
The sub‑processing referred to above does not constitute an amendment to the Processing Terms.
§ 7.
Term of the Processing Terms
The provisions of the Processing Terms apply for the term of the Master Agreement.
§ 8.
Effects of Termination of the Master Agreement
If the Master Agreement is terminated, the Processor shall promptly, and in any case within 14 business days from its termination, return to the Controller and delete from its own media all personal data entrusted for processing, including permanently deleting them from electronic media at its disposal. The provisions of the preceding sentence do not apply to personal data that the Processor is required, under generally applicable provisions of law, to retain for longer than the term of the Master Agreement.
§ 9.
Liability
If either party to the Master Agreement breaches the Processing Terms, the GDPR or other generally applicable provisions of law, resulting in damage suffered by the other party, the party responsible for the breach is obliged to compensate only the actual damage and is not liable for lost profits suffered by the other party as a result of the breach.
§ 10.
Amendments to the Processing Terms
§ 18 of the Platform Terms applies accordingly to amendments to the Processing Terms.
§ 11.
Final Provisions
The current version of the Processing Terms has been in force since 1 July 2023.
