Terms of Use
Regulations effective from 18 May,2026.
These Terms of Use (the “Terms”) set outthe rules under which RETAILYX spółka zograniczoną odpowiedzialnością with its registered office in Warsaw(“Operator”) provides to Users the Platform Services consisting in particularin enabling Clients to post Requests for Services, Service Providers to submitOffers, and Clients and Service Providers to conclude contracts for Servicesdirectly between themselves, as well as to use certain additionalfunctionalities made available in the Leniwka App. These Terms also govern theconditions of access to and use of the Leniwka App and the Platform.
The Platform is made available through themobile application “Leniwka” for iOSand Android devices (the “Leniwka App”), operated by the Operator. Access tothe Leniwka App requires a device capable of connecting to the Internet and acommonly used mobile operating system.
1. Definitions
In these Terms of Use (the “Terms”):
1. “Operator” or the “PlatformOperator” means RETAILYX spółka z ograniczoną odpowiedzialnością, a companyincorporated under the laws of Poland, with its registered office in Warsaw andentered into the Register of Entrepreneurs of the National Court Register (KRS)under number 0001189995, tax identification number (NIP) 5214129886, email:hello@leniwka.com (“RETAILYX”, “we”, “us” or the “Company”), in its capacity asthe entity operating and administering the Leniwka App and the Platform andproviding certain Additional Services to Service Providers. The Operator doesnot provide the Services offered by Service Providers and is not a party to thecontracts for Services concluded directly between Clients and ServiceProviders.
2. “Leniwka App” or the “App”or the “Application” means themobile application “Leniwka”, made available for iOS and Android devices andoperated by the Operator.
3. “Platform” means the technological environmentprovided via the Leniwka App which allows Clients and Service Providers to findeach other, exchange information and enter into arrangements for theperformance of Services.
4. “User” means any natural person or legalentity that has installed the Leniwka App and/or created an Account and usesany functionality of the Platform, including both Clients and ServiceProviders.
5. “Client” means a User who posts or accepts arequest for Services and enters into a separate agreement for the performanceof Services with a Service Provider.
6. “Service Provider” means a User who offers orprovides Services to Clients through the Platform, whether as an individual oran individual acting in a professional capacity (as a sole proprietorship).
7. “Services” means real-world household andother small, non-regulated services (such as repair, cleaning, maintenance and similartasks) which a Service Provider offers to perform for a Client. Services arenot provided by Operator and do not include digital content or in-app digitalfunctionalities.
8. “Account” means the User account created inthe Leniwka App which enables access to and use of the Platform’s features. AnAccount is created and the User is identified either (i) by registering with avalid mobile phone number and confirming it via a one-time verification codesent by SMS, or (ii) by using a third-party authentication method madeavailable in the Leniwka App, such as the User’s Google account or Appleaccount.
9. “Payment Service Provider” or “PSP” means a duly licensed third-partypayment institution or other regulated financial services provider engaged byOperator to process payments between Clients and Service Providers and tooperate any escrow or payment holding arrangements. For the purposes of theseTerms, the Payment Service Provider is currently Stripe Payments Europe,Limited and its affiliated entities (“Stripe”), acting under its own terms andapplicable regulatory authorisations.
10. “Escrow Arrangement” means the mechanismwhereby payments initiated by a Client are held by the PSP on behalf of theClient and the Service Provider until the relevant Service is confirmed ascompleted or otherwise released in accordance with these Terms and the rules ofthe PSP.
11. “Request” means information posted by a Clientwithin the Platform in order to search for a Service Provider interested inperforming certain tasks as part of a specific Service, including, whereapplicable, a description of the Service, preferred timing and location, andany other relevant details.
12. “Offer” means a proposal to enter into anagreement for the performance of specific tasks as part of a Service, submittedby a Service Provider to a Client in response to a Request and containing thedetails of how the Service described in the Request will be carried out,including, where applicable, scope, price and timing.
13. “Review” means a subjective statementsubmitted by a Client regarding, among others, the quality of the work,cooperation with the Service Provider and the Services offered or performed bythat Service Provider, which may include a rating and written comments.
14. “Rating” means a numerical evaluation (on a1-to-5-star scale) submitted by a Client in connection with an Order to reflectthe Client’s assessment of the relevant Service, whether submitted as part of aReview. The Operator may display Ratings in the Leniwka App and may use Ratings(including aggregated or average ratings calculated from Reviews) for purposessuch as sorting, filtering, presenting or highlighting Service Providers withinthe Platform, subject to these Terms (including rules on moderation and removalof Reviews and User Content).
15. “Consumer” means a natural person who acts forpurposes which are outside that person’s trade, business, craft or profession,within the meaning of applicable EU and Polish consumer-protection laws.
16. “Applicable Law” means the laws of Poland and, where relevant, the law of the EuropeanUnion, including mandatory consumer and data-protection legislation.
17. “Escrow Timeout Period” means the period established by the Platform for an Inactive Order,after which the Platform may, acting under the Escrow Arrangement, instruct the
Payment Service Provider to process anAuto-Refund to the Client from funds paid by the Client and held under theEscrow Arrangement, subject to Applicable Law and the PSP’s rules and technicalcapabilities.
18. “Inactive Order” means an Order for which,after the Client has paid and the funds are held under the Escrow Arrangement,(a) the Service Provider has not started performing the Service and the Clienthas not confirmed completion, and (b) neither party has taken any in-app actionrequired to move the Order to a terminal status (including opening an in-appDispute, submitting a response within the Dispute flow, using “Complete Work”,or confirming completion) within the Escrow Timeout Period.
19. “DAC7 Reporting Period” meansa calendar year in respect of which the Operator is required to collect, verifyand report information about Reportable Sellers to the Head of the National TaxAdministration pursuant to Article 75b of the Act on Exchange of TaxInformation with Other Countries of 9 March 2017 (as amended by the Act of 23May 2024, Dz.U. 2024 poz. 879) implementing Council Directive (EU) 2021/514(DAC7).
20. “Reportable Seller” means anactive Service Provider who is not an excluded seller within the meaning ofArticle 75a(1)(24) of the Act on Exchange of Tax Information with OtherCountries and who is a tax resident in a participating state or has made availablereal property located in a participating state. For the avoidance of doubt,there is no minimum transaction or revenue threshold for personal services forthe purposes of this definition; any Service Provider who receives anyconsideration for Services through the Platform during a DAC7 Reporting Periodmay qualify as a Reportable Seller.
21. “Tax Identification Data”means the information required to be collected, verified and reported by theOperator under Article 75c of the Act on Exchange of Tax Information with OtherCountries, including: (i) full name, (ii) primary address of residence, (iii)tax identification number (PESEL, as applicable), (iv) VAT identificationnumber (if available), (v) date of birth (for natural persons), (vi) country oftax residence, and (vii) financial account identifier (IBAN or equivalent), asfurther described in Section 20 of these Terms.
2. Purpose of the Terms
2.1. The purpose of these Terms is toestablish the contractual framework governing:
a) the conditions under whichOperator makes the Leniwka App and the Platform available to
Users; and
b)the rules for accessing and usingthe Platform, including the creation and use of Accounts, the posting andacceptance of requests for Services, and the facilitation of payments betweenClients and Service Providers via the PSP and the Escrow Arrangement.
2.2. These Terms do not regulatethe substantive relationship between Clients and Service Providers under whichServices are performed. Such relationship constitutes a separate contractdirectly between the relevant Client and Service Provider. Operator is not aparty to that contract, does not provide the Services itself and does not actas an employer, contractor, principal or agent of any User.
2.3. The Platform is intendedsolely as an intermediary tool for matching Clients and Service Providers andfor facilitating the secure processing of payments through the PSP. ThePlatform is not an electronic money service, payment account, bank account, or investmentproduct.
2.4. The Platform is intended foruse by persons who are over 18 years old. If you are a parent or a guardian ofa minor who is younger than 18 years old, you may decide to create an Accountfor the minor. By doing so, you accept these Terms on behalf of such a minorand you take full responsibility for the minor’s use of the Platform(including, when requested, any regulatory compliance verification or check)and acknowledge that the Platform is intended for persons who are over 18 yearsold.
2.5. Nature, Scope and Completion of the Platform Service.
The Operator provides Users with anonline intermediary service (the “PlatformService”) consisting exclusively of the following three elements:
(a) enabling Clients to post Requestsfor Services within the Platform;
(b) enabling Service Providers tobrowse Requests and submit Offers in response to them; and
(c) facilitating the conclusion of acontract for Services between a Client and a Service Provider by presenting theClient with the relevant Offer and enabling the Client to accept it via the“Accept” button (or any equivalent confirmation button) in the App.
The Platform Service also includes, asan integral payment component, the facilitation of payments between Clients andService Providers through the Escrow Arrangement described in
Section 14 of these Terms. The EscrowArrangement is technically executed by the Payment
Service Provider (“PSP”) acting underits own terms and regulatory authorisations; the Operator’s role within thiscomponent is limited to operating the Platform rules that determine wheninstructions are issued to the PSP (i.e., upon completion confirmation, Disputeoutcome, cancellation or inactivity timeout). The Operator does not itself holdUsers’ funds and is not responsible for delays or failures attributable to thePSP or intermediary financial institutions, to the extent permitted byApplicable Law.
The intermediary component of thePlatform Service (items (a)-(c) above) is considered fully and completelyrendered at the moment the Client presses the “Accept” button (or equivalentconfirmation button) in the App to accept a Service Provider’s Offer. From thatmoment, a contract for Services is formed directly and exclusively between theClient and the Service Provider, and any subsequent interaction between thoseparties — including the actual performance, quality, timeliness, result,completion or non-completion of the Service — falls outside the scope of theOperator’s intermediary obligations and does not constitute part of theintermediary service rendered by the Operator. The Escrow component of thePlatform Service continues to operate after that moment in accordance withSection 14, until the funds are released or refunded in accordance with theseTerms.
2.6. Pre-contractual information: manner and time of performance.
ThePlatform Service provided by the Operator to the Client consists of the intermediaryelements described in Section 2.5(a)-(c). The intermediary component of thePlatform Service is performed at the moment the Client presses the"Accept" button in the App. The payment facilitation componentcontinues until funds are released or refunded under Section 13. The Operator'scomplaint procedure is described in Section 19.
3. Binding Nature and Acceptance of the Terms
3.1. By installing the Leniwka App,creating an Account, accessing or using any functionality of the Platform, theUser acknowledges that they have read, understood and agree to be legally boundby these Terms, as amended from time to time.
3.2. These Terms constitute a legallybinding agreement between Operator and each User regarding the use of theLeniwka App and the Platform. If a User does not accept these Terms, they mustnot install the App, create an Account, or use the Platform in any way, or mustimmediately cease such use and delete the App.
3.3. If the User uses the Platform onbehalf of a company or other legal entity, that User represents and warrantsthat they have the authority to bind such entity to these Terms. In that case,the term “User” will also refer to such entity.
3.4. The failure or delay by Operatorto enforce any provision of these Terms shall not be construed as a waiver ofany rights or remedies and shall not affect the validity of these Terms or anypart thereof.
3.5. The agreement between the Operatorand the User regarding use of the Platform is concluded for an indefiniteperiod. There is no minimum duration of the User's obligations. The User mayterminate the agreement at any time by deleting their Account and ceasing touse the Platform, as described in Section 4.3.
4. Modifications of the Terms of Use
4.1. Operator may amend these Termsfrom time to time to reflect:
a) changes in the functionality,operation or business model of the Platform;
b) changes in Applicable Law,regulatory guidance or decisions of authorities or courts;
c) improvements to user experience,security or technical infrastructure; or
d) other legitimate business needs.
4.2. Where a change materially affectsUsers’ rights or obligations, Operator will inform Users in advance by in-Appnotification or by email sent to the address linked to their Account,indicating the effective date of the updated Terms. Unless a different periodis required by Applicable Law, such changes will become effective no earlierthan 15 days after notification.
4.3. If a User does not agree with theproposed modifications, the User may terminate the contractual relationshipwith Operator at any time before the effective date of the updated Terms bydeleting their Account and ceasing to use the Platform. Continued access to oruse of the Platform after the effective date will be deemed acceptance of themodified Terms.
4.4. Changes that:
a) are clearly beneficial to Users,
b) relate solely to new features thatdo not adversely affect existing rights, or
c) are required by Applicable Lawwith immediate effect,
may apply without prior notice,provided they do not reduce existing rights of Users in a material manner.
4.5. The current version of the Termswill be available at all times within the Leniwka App. Users are encouraged toreview the Terms regularly.
5. Use of the Services
5.1. The Platform is intended solelyto enable Clients and Service Providers to communicate, arrange the performanceof real-world Services and facilitate related payments through the PSP. ThePlatform may not be used for:
a) the sale or purchase of digitalcontent or purely digital services that are provided or consumed exclusivelywithin the App itself (such as unlocking features or functionality, in-appsubscriptions or similar);
b) funds transfers for purposesunrelated to a genuine Service arranged through the Platform; or
c) any unlawful, fraudulent orabusive activity.
5.2. Users must use the Platform inaccordance with these Terms, Applicable Law and any additional rules orpolicies communicated by Operator or the PSP (including rules regardingpayments, anti-money laundering and sanctions screening).
5.3. Users are responsible for anycontent they submit through the Platform, including Service descriptions,messages and feedback. Users must ensure that such content is accurate, lawful,does not infringe third-party rights and is not misleading, abusive ordiscriminatory.
5.4. Users acknowledge that Operator:
a) does not control, supervise ormanage how Services are performed;
b) does not guarantee the existence,quality, safety or legality of any Service; and
c) does not warrant thequalifications, identity or reliability of any User.
5.5. Users must not:
a) circumvent the Platform or PSP forthe purpose of avoiding fees or the Escrow Arrangement;
b) attempt to manipulate ratings,reviews or matching algorithms;
c) interfere with the operation orsecurity of the Platform; or
d) use the Platform to send or postunsolicited commercial communications or spam.
5.6. Operator may, in its reasonablediscretion and subject to Applicable Law, suspend or restrict access to thePlatform, or remove content, where it has grounds to believe that a User hasbreached these Terms or engaged in unlawful or abusive conduct.
6. Registration and Account Information
6.1. To access the core functionalities of thePlatform, including posting or responding to Requests for Services andinitiating payments, a User must create an Account in the Leniwka App. AnAccount may be created in one of the following ways:
a) Standard registration - byproviding the following minimum information in the registration form: firstname, last name, email address, mobile phone number, gender, and by completingthe required verification steps (including confirmation of the mobile phonenumber via a verification code sent by SMS); or
b) Third-party authentication - bylogging in through a supported third-party authentication service (currentlyGoogle or Apple). In such case, certain information necessary for the creationof the Account (such as first name, last name and email address) may betransmitted to the Operator by the respective third-party provider, and theUser will not be required to manually re-enter such information in theregistration form.
Users who register as or intend to actas Service Providers are additionally required to provide Tax IdentificationData as specified in Sections 7.2 and 20.3 of these Terms prior to acceptingtheir first Order on the Platform namely at the process of registration.Failure to provide Tax Identification Data may result in restrictions on theability to receive payouts or to accept new Orders, pursuant to DAC7 reportingobligations and as further described in Section 20.6 of these Terms.
6.2. Regardless of the method ofregistration, Users must ensure that all information associated with theirAccount is true, accurate and complete and must keep such information up todate at all times, including contact details and, where applicable, businessidentification data. Where any mandatory information is not provided by thethird-party authentication service (for example, mobile phone number orgender), the User may be required to supplement such information directly inthe Leniwka App in order to fully use the Platform.
6.3. In addition to the basicregistration data, the Operator may require Users, in particular ServiceProviders, to complete an internal verification procedure designed to increasetrust and safety on the Platform. This verification may include the upload of(i) a clear photograph of the User’s face (selfie) and (ii) a clear photographor scan of a valid government-issued identity document held next to the User’sface or otherwise presented in a manner allowing the Operator to reasonablyverify that the document corresponds to that person. This verificationrequirement is introduced by the Operator as a trust- and anti-scamming measureand does not constitute a regulatory Know-Your-Customer (KYC) or anti-moneylaundering (AML) obligation. It is separate from, and without prejudice to, anyidentification, verification or due-diligence measures that may be requiredindependently by the Payment Service Provider under its own terms and underApplicable Law. Failure to complete the internal verification procedure may resultin the User not being able to access certain functionalities of the Platform(including, in particular, the ability to act as a Service Provider or tosubmit Offers) and may lead to limitations on the use of the Platform orsuspension of the Account.
6.4. Each User is responsible formaintaining the confidentiality and security of their login credentials and forall activity that occurs under their Account. Users must not share theircredentials with third parties or allow any unauthorised person to access theirAccount.
6.5. Users must promptly notify theOperator if they suspect any unauthorised access to or use of their Account.The Operator may temporarily disable or restrict an Account in order to protectthe User, other Users, the PSP or the Platform from suspected fraud or securitythreats.
6.6. The Operator reserves theright to refuse registration, suspend or close an Account where:
a) the information provided is false,misleading or incomplete;
b) there is a history of seriousviolations of these Terms or Applicable Law; or
c) this is necessary to comply withlegal or regulatory obligations, including obligations of the PSP.
7. Additional Verification for Service Providers
7.1. In order to ensure that thePlatform complies with Applicable Law governing online platforms, to maintainits proper functioning and to protect the security and legitimate interests ofUsers, the Operator reserves the right to request from Users, in particularfrom Service Providers , additional information or documents and to verify orre-verify the accuracy and currency of data provided by the User.
7.2. For these purposes, and inorder to fulfil the Operator's obligations pursuant to DAC7 reportingobligations, the Operator requires each Service Provider to provide thefollowing information and documents:
(i) full name and date of birth;
(ii) primary address of residence beingthe Service Provider's primary place of residence as a natural person;
(iii)tax identification number: PESEL(for natural persons not conducting registered business activity) or NIP (forsole entrepreneurs), together with the country of issuance;
(iv) VAT identification number, if theService Provider is registered as a VAT taxpayer;
(v) where the Service Provider is asole entrepreneur - the registrationnumber in the applicable business register (CEIDG number);
(vi) financial account identifier: theIBAN of the bank account to which remuneration is to be paid, or an equivalentaccount identifier; and (vii) country of tax residence.
The Operator verifies TaxIdentification Data using information and documents available in the course ofthe Platform's operation (including identity documents uploaded under Section6.3), as well as free-of-charge electronic verification services made availableby Polish authorities or the European Union for checking the validity of taxidentification and VAT numbers.
7.3. If a User fails to provide the requestedinformation or documents within a reasonable period, or if the Operator hasreasonable grounds to suspect that the information provided is false, outdatedor incomplete, the Operator may, to the extent permitted by Applicable Law,limit certain functionalities of the Platform for that User, or suspend orclose the relevant Account, in particular to protect other Users, the PaymentService Provider or the Operator.
8. Status of Service Providers and Tax Responsibility
8.1. Service Providers use thePlatform in their own name and on their own account. The Operator does not actas an employer, tax agent or withholding agent for any User and does notprovide tax or legal advice.
8.2. Each Service Provider issolely responsible for choosing and maintaining their correct legal and taxstatus under Applicable Law, including (as applicable) whether they act:
(a) as a private individual, includingwithin the limits of any form of activity that may lawfully be carried outwithout business registration under Polish law (in particular, monitoring ontheir own the applicable revenue thresholds and other statutory conditions forsuch non-registered activity);
(b) as a registered entrepreneur (forexample, a sole entrepreneur or business entity), operating in accordance withthe chosen form of taxation.
8.3. Service Providers are solelyresponsible for declaring and paying all taxes, social security contributionsand any other mandatory charges arising from the remuneration they receive viathe Platform, in accordance with their individual situation and status(including, for entrepreneurs, treating such remuneration as business income).
8.4. Each Service Provideracknowledges that the Operator is required, pursuant to DAC7 reportingobligations, to:
(a) collect and verify TaxIdentification Data about each Reportable Seller;
(b)submit an annual report to theHead of the National Tax Administration by 31 January of the year followingeach DAC7 Reporting Period, containing information about the Service
Provider's total remuneration receivedthrough the Platform in each quarter of the reporting year, the number oftransactions, and the Operator's platform commissions; and
(c) provide each Reportable Sellerwith a copy of the information reported about them by the same deadline.
DAC7 reporting does not constitute anew tax obligation and does not affect the Service Provider's existing taxliability. Each Service Provider remains solely responsible for their own taxdeclarations and payments. The Operator does not provide tax advice.
9. General Conditions of Use of the Service
9.1. The Platform is an onlineintermediary service made available through the Leniwka App and operated by theOperator. The Platform enables Clients and Service Providers to find eachother, exchange information, create and manage Orders, and arrange for theperformance of Services,
as well as to facilitate paymentsbetween Clients and Service Providers via the Payment Service Provider and theEscrow Arrangement. The Operator does not itself provide the Services.
9.2. The use of the Platform requires acompatible mobile device, Internet access and an active Account. Any costs ofdata transmission or telecommunications related to the use of the Platform areborne by the User under their agreement with the relevant telecommunicationsprovider.
9.3. Within the Platform, Services aregrouped into categories and sub-categories. A Client may browse categories andselect a specific type of Service they require. After choosing the relevantcategory or sub-category, the Client may be shown a list of Service Providerswho offer such Services, which may be sorted or filtered, among others, byrating, number of Reviews or other criteria made available by the Operator.
9.4. A Service Provider may browsecategories corresponding to broader types of work and, within them,sub-categories of more specific Services. For a given category or sub-category,the Service Provider may view existing Requests and, where permitted by the Platform,add the relevant type of Service to their profile and submit Offers to Clients.
9.5. To initiate the process ofconcluding a contract for a Service, a Client creates an Order via the LeniwkaApp. When creating an Order, the Client selects the type of Service, specifieswhether the Order is public or personal, and fills in the required fields,which may include in particular: a description of the problem or scope of work,photographs or other files, desired start and end dates, the proposed cost ofthe work (not less than the minimum amount indicated in the App), preferredpayment method, address or location of the Service and, where applicable, aflag indicating that the Order is urgent.
9.6. A public Order is visible to awider group of Service Providers meeting the criteria defined by the Platform(for example, location, category of Services, language, rating thresholds). Anysuch Service Provider may, subject to these Terms and the functionalities ofthe Platform, submit an Offer in response to the public Order.
9.7. A personal Order is addressed bythe Client to one selected Service Provider chosen from the list available inthe Platform. Only this Service Provider may submit Offer in relation to thatpersonal Order. If the Service Provider declines or the Client declines hisresponse to Order, the relevant Order may be cancelled or expired in accordancewith the technical rules of the Platform.
9.8. Each newly created Order may besubject to an automated and/or manual moderation process carried out by theOperator, aimed at verifying compliance with these Terms, the scope ofpermitted Services and Applicable Law. Until moderation is completed, the statusof the Order may be indicated as, for example, “Moderation”, “Pending” orsimilar. Once accepted, the Order is published in the Platform and its statusis updated accordingly.
9.9. The Platform may use various Orderstatuses visible to the Client and/or Service Provider (such as, for example,“Published”, “In progress”, “Verification”, “Payment”, “Completed”, “Notcompleted”, “Declined by customer”, “Declined by performer”, “Blocked”, “Indispute” or similar). The Operator may modify or expand the list of statuses asnecessary to reflect the technical and business processes on the Platform. Thechange of status is of informational and organisational nature and does not initself create, amend or terminate the contract for the Service between theClient and the Service Provider.
9.10. A Client may receive multipleOffers in response to a public Order and may accept or decline each Offerindividually using the relevant functionality in the App. Acceptance of anOffer, together with the details provided in the Order and in the Offer, constitutesthe basis for a separate contract for the Service between the Client and therelevant Service Provider, under the terms agreed between them and inaccordance with Applicable Law. The Operator is not a party to that contract.
9.11. After the Service has beenperformed, the Client may be invited by the Platform to provide a Review andrating (for example, on a 1-to-5-star scale) regarding the Service Provider andthe Service. Reviews must be honest, lawful and based on actual experience. TheOperator may display Reviews and ratings in the Leniwka App and may use them,among others, to sort or highlight Service Providers in search results, subjectto the rules set out in these Terms and in any additional policies communicatedto Users.
9.12. The Operator may at any timeintroduce, modify or remove specific functionalities of the Platform (includingsearch, filtering, ranking or display mechanisms), provided that this does notmaterially reduce rights already acquired by Consumers under Applicable Law.Any material changes to the operation of the Platform will be communicated toUsers in accordance with Section 4 “Modifications of the Terms of Use” of theseTerms.
9.13. Upon conclusion of a contract forServices between a Client and a Service Provider (i.e., upon the Client'sacceptance of an Offer), the Operator will send the Client a confirmation ofthe Order on a durable medium - by push notification or email to the addressassociated with the
Client's Account. The confirmation willinclude the key details of the Order (Service description,
Service Provider identity, agreedprice, Order ID and timestamp). This confirmation satisfies the Operator'sobligation under the Polish Consumer Rights Act. The same confirmationmechanism applies to the agreement between the Client and the Operator regardinguse of the Platform Service, which is confirmed at the moment of Accountcreation.
10. Reviews and Ratings
10.1. Reviews feature.
The Operator may allow Clients tosubmit reviews and ratings regarding Services and Service
Providers through the Platform (each a“Review”). Reviews, once posted, may be displayed on the relevant ServiceProvider’s profile within the Leniwka App and may also be made available by theOperator in other sections of the Platform or the Operator’s official pages andmarketing channels, to the extent permitted by Applicable Law and these Terms.
10.2. Content requirements and prohibited content.
Reviews must comply with Applicable Lawand these Terms and must not contain, include or refer to:
(a) obscene, pornographic, hateful ordiscriminatory content, including content that promotes violence, racism,xenophobia or hostility against any group;
(b) links, URLs, website addresses orreferences to other services or platforms intended to redirect Users;
(c) advertising, promotionalmaterials, commercial solicitations or any other content primarily intended formarketing purposes;
(d) personal data of any User or othernatural person, including names and surnames, home addresses, telephonenumbers, email addresses, or other contact details (except where the Platformexpressly provides a dedicated field for limited disclosure and the disclosureis lawful); (e) content infringing third-party rights, including intellectualproperty rights, or violating good morals, personal rights, reputation,goodwill or other legally protected interests of Users, third parties or theOperator;
(f) false, misleading, defamatorycontent or content constituting an act of unfair competition; (g) contentposted as part of an arrangement with other Users or third parties intended tomanipulate credibility, reputation, ratings or ranking of any Service Provideror other person (including coordinated review exchanges, incentivised reviewsnot disclosed as such, or other forms of review manipulation).
10.3. Relevance and scope.
A Review should primarily relate to(i) the quality of the relevant Service, (ii) the attractiveness or accuracy ofthe relevant Offer or Order terms, and (iii) the Client’s communication andinteraction with the Service Provider in connection with the Order. Reviewsshould not be used to raise unrelated disputes or to comment on Services,Orders or Service Providers other than those to which the Review pertains.
10.4. Moderation, removal and editorial adjustments.
To the extent permitted by ApplicableLaw and in accordance with these Terms, the Operator may remove a Review inwhole or in part, restrict its visibility, or make necessary editorial orformatting adjustments (without changing the substantive meaning) where theOperator reasonably determines that:
(a) the Review violates Section 10.2or otherwise breaches these Terms;
(b)the Review concerns a differentService Provider than the one being reviewed, or concerns a different Serviceor Order than the one to which the Review is attached;
(c) the Review is duplicative(including multiple Reviews relating to the same Service or Order beyond whatthe Platform permits);
(d)the Review is posted by theService Provider about itself or is otherwise self-generated; (e) the Reviewappears to be submitted using temporary or disposable email addresses,automated means, scripts, bots, or methods intended to evade fraud detection ortraffic analysis; or
(f) the Review otherwise indicatesfraudulent, manipulative or non-authentic activity.
10.5. Licence and publication outside the Service Provider profile.
By submitting a Review through thePlatform, the Client grants the Operator a non-exclusive, worldwide,royalty-free licence to use, reproduce, display, distribute and make availablethe Review (in whole or in part) for the purposes of operating, improving andpromoting the Platform and informing Users about Services, Service Providersand the Platform. The Operator may publish the Review with the Client’s displayname (or first name) as presented in the Client’s Account and, where providedthrough the Platform, with the Client’s profile picture and locationinformation, to the extent permitted by Applicable Law and subject toapplicable data-protection requirements.
10.6. No guarantee of completeness or accuracy.
The Operator does not verify theaccuracy of every Review and does not guarantee that Reviews are complete,truthful or reflective of typical outcomes. Reviews reflect the personalexperiences and opinions of the submitting Clients and are provided for informationalpurposes only.
11. Express Consent to Early Commencement of Services and Acknowledgementof Loss of the Right of Withdrawal
11.1. By accepting these Terms of Usewhen creating or maintaining an Account, the Consumer is informed that Servicesordered via the Platform may be performed before the expiry of the statutory14-day withdrawal period for distance contracts and that, if the Service isfully performed after the Consumer’s express request for early performance andwith their prior acknowledgement of the consequences, the statutory right ofwithdrawal will be lost in accordance with Applicable Law, in particularArticle 38 (1)(1)of the Polish Act of 30 May 2014 on Consumer Rights. Byaccepting these Terms, the Consumer gives a general consent to the possibleearly commencement of Services on this basis.
11.2. In addition to the general consentdescribed in Section 11.1, at the moment of accepting an Offer in the LeniwkaApp the Consumer is shown a confirmation screen on which the “Accept” button(or other similarly labelled confirmation button) is accompanied by a clear andlegible statement indicating that, by accepting the Offer, the Consumer (i)requests that the performance of the Service start before the expiry of the14-day withdrawal period and (ii) acknowledges that, once the Service has beenfully performed, they will lose the statutory right to withdraw from thecontract for that Service. By clicking the “Accept” button on such screen, theConsumer expressly and unequivocally gives this specific request andacknowledgement within the meaning of Applicable Law.
11.3. The combination of (i) the generalinformation and consent given by the Consumer under
Section 11.1 and (ii) the specificconsent given by clicking the “Accept” button under Section 11.2 constitutesthe Consumer’s explicit request for early performance of the Service andexplicit acknowledgement of the loss of the statutory right of withdrawal uponfull performance, for the purposes of Applicable Law and these Terms.
11.4. In cases where the Consumerretains the right of withdrawal (i.e., before the Service has been fullyperformed), the Consumer may use the model withdrawal form set out in Annex 1to these Terms, which corresponds to the form prescribed by Annex 2 to the PolishConsumer Rights Act. Use of this form is not mandatory; the Consumer maywithdraw from the contract in any other unequivocal written form.
11.5. Where a Consumer validly exercisesthe right of withdrawal before the Service has been fully performed (and theright has not been lost pursuant to Section 11.1-11.3), the Operator willinstruct the Payment Service Provider to refund all payments made by theConsumer without undue delay and no later than 14 days from the date on whichthe Operator receives the Consumer's withdrawal statement, using the samepayment method as used by the Consumer for the original transaction, unless theConsumer expressly agrees otherwise. No additional fees are charged for therefund.
12. User Content and Use of Information from the Platform
12.1. Users are solely responsible forall content, data and materials that they submit, upload, post or otherwisemake available through the Platform, including in particular informationcontained in their Profile, Requests, Offers, Orders, messages, photographs andReviews (“User Content”). Each User represents and warrants that all such UserContent is accurate, complete, not misleading and relates to the ServiceProvider or Client associated with the relevant Account.
12.2. Users must ensure that their UserContent and its publication and use through the Platform comply with ApplicableLaw and do not infringe any rights of the Operator or of third parties,including intellectual property rights (such as copyrights and trademarks),rights to image, privacy or personal data, or any contractual orconfidentiality obligations.
12.3. Users are solely responsible forthe truthfulness, reliability and legal compliance of their User Content. TheOperator does not generally review User Content prior to publication and doesnot endorse or guarantee any User Content. However, the Operator may, at itsreasonable discretion and without prior notice, remove, block, edit or restrictaccess to any User Content that, in the Operator’s opinion, may violate theseTerms, Applicable Law or the legitimate interests of the Operator, other Usersor third parties.
12.4. Access to information, data andmaterials made available within the Platform is granted exclusively for thepurpose of using the Platform in accordance with these Terms. Any downloading,copying, scraping, aggregating, indexing or other use of such information, dataor materials beyond normal use of the Platform requires the prior consent ofthe Operator and must not violate these Terms, Applicable Law or the legitimateinterests of the Operator or Users. In particular, it is prohibited toaggregate or process information available in the Platform for the purpose ofmaking it available to third parties within other online services or outsidethe Internet.
12.5. Any use of the names, logos,trademarks, domain names or distinctive visual elements of the Leniwka App orthe Operator (including characteristic graphic elements of the Platform) forpurposes other than ordinary use of the Platform is prohibited without theprior consent of the Operator given on a durable medium.
12.6. By submitting, uploading, postingor otherwise making any User Content available on or through the Platform, theUser grants to the Operator, to the maximum extent permitted by Applicable Lawand without prejudice to the User’s rights under Applicable data protection andconsumer laws, a non-exclusive, worldwide, perpetual, irrevocable,royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers)and transferable right and licence to use such User Content and anyintellectual property and related rights therein, in any manner and form and byany means now known or later developed, for the purposes of: (a) operating,providing, maintaining, securing and improving the Platform and relatedservices; (b) storing, hosting, reproducing, formatting, modifying, translatingand technically processing User Content so that it can be displayed,distributed and used on the Platform; (c) displaying, distributing, makingavailable and otherwise using User Content within the Platform for other Users,including in connection with searching, matching, ranking and displayingRequests, Offers, Orders and Reviews; and (d) advertising, marketing andpromoting the Platform and the Operator (including the use of anonymised orpseudonymised excerpts of Requests and Reviews in promotional materials, casestudies, presentations and online or offline marketing campaigns), providedthat such use does not unlawfully disclose personal data or confidentialinformation and complies with Applicable Law.
12.7. The licence granted under Section12.6 includes, in particular, the right of the Operator to reproduce, store andback up User Content, to create adaptations and derivative works of UserContent (for example, for formatting, localisation or search-optimisationpurposes), to make User Content available to the public, display and performit, and to sublicense and (or) transfer such rights, in whole or in part, tothird parties (including the Operator’s affiliates, hosting providers,subcontractors and marketing partners) for the purposes described in theseTerms. Deleting or removing specific items of User Content from the Platform orfrom the User’s Account does not affect: (a) any prior use or sublicensing ofsuch User Content made in accordance with these Terms; or (b) the Operator’sright to retain and use copies of User Content where and to the extent this isrequired or permitted by Applicable Law (including for compliance, evidence,accounting, security or fraud-prevention purposes), or to use anonymised oraggregated data derived from User Content. The processing of personal datacontained in User Content is governed by the Operator’s Privacy Statement, andnothing in this Section 12 limits any rights that Users may have underApplicable data protection laws (including rights of access, rectification,erasure and restriction).
13. Cancellations, Dispute Resolution and Refunds
13.1. Scope and roles.
(a) This Section governs (i)cancellations of Orders, (ii) the in-app Dispute process, and (iii) refunds ofamounts paid by a Client and held under the Escrow Arrangement. The Operatordoes not provide the Services and is not a party to the contract for Servicesbetween the Client and the Service Provider.
(b) Payments for Services areprocessed by the Payment Service Provider (“PSP”) and may be held under theEscrow Arrangement until they are released to the Service Provider or refundedto the Client in accordance with these Terms and the PSP’s rules.
(c) Any refund under this Sectionmeans a return of funds received from the Client and held on the accounts ofthe PSP under the Escrow Arrangement, to the original payment method, unlessmandatory law requires otherwise.
13.2. Eligible Refund Scenarios.
Subject to Applicable Law (includingany mandatory Consumer rights) and the rules and technical capabilities of thePayment Service Provider, a refund of the amount paid by the Client and heldunder the Escrow Arrangement may be initiated where:
(a) the Client cancels the relevantOrder before the Service Provider has started performing the Service;
(b) the Client opens a Dispute in theLeniwka App and, in accordance with the dispute-resolution mechanism set out inthese Terms, the Dispute is resolved in favour of the Client;
(c) the Service Provider fails tostart the Service, fails to attend, or otherwise fails to complete theService;
(d) the escrow holding period expireswithout a completion or confirmation event required by the
Platform (including where the Platformapplies an automatic timeout logic), in which case the
Platform may instruct the PSP torefund the Client; or
(e) a technical error or interruptionon the Platform side or the PSP side prevents proper service delivery, paymentprocessing, or the lawful release of funds.
Refunds are not issued for Servicesthat have been fully performed and confirmed as completed by both the Clientand the Service Provider, and any refund is processed by returning fundsreceived from the Client and held by the PSP to the original payment method(including for BLIK payments, where applicable).
13.3. Types of Refunds.
(a) FullRefund. A full refund (i.e., return of the full amount paid by the Clientand held under the Escrow Arrangement) may be initiated where the Service wasnot provided at all, including where the Service Provider did not startperformance, did not attend, or the Order is resolved in the Client’s favourunder the Dispute process described in these Terms. (b) Auto-Refund(Escrow Timeout) in Case of Inactivity (Inactive Orders).
If an Order becomes an Inactive Order, thePlatform may, acting under the Escrow Arrangement, instruct the PSP to initiatean Auto-Refund of the amount paid by the Client and held under the EscrowArrangement by returning such funds to the original payment method. For theavoidance of doubt, where an in-app Dispute is opened, the specific timewindows and consequences described in these Terms for the Dispute process(including the 24-hour response and confirmation periods) apply and prevail,and this Section does not change the outcomes set out for Disputes. AnyAuto-Refund under this Section is subject to Applicable Law and the PSP’s rulesand technical capabilities. For the purposes of this Section, the EscrowTimeout Period for Inactive Orders is ninety (90) days starting from the momentthe Client pays for the relevant Order and the funds are held under the EscrowArrangement.
13.4. Cancellations before performance.
(a) The Client may cancel an Order inthe Leniwka App before the Service Provider has started performing the Service(including where the Service Provider has not arrived, has not commenced thework, or otherwise has not begun performance). In such case, the funds (ifalready paid) remain in Escrow and are refunded to the Client in accordancewith Section 13.3. (b) The Platform may apply technical statuses (e.g., “In dispute”) for organizational purposes;such statuses do not themselves determine the parties’ substantive rights underthe Service contract, which remain governed by Applicable Law and this Section.
13.5. Consumer right of withdrawal.
13.5.1. Where a Client is a Consumer, the contract for the Service between theClient and the
Service Provider is concluded at adistance within the meaning of Applicable Law, as it is
entered into via the Platform and therelated Order is paid for using the Escrow Arrangement. In such cases theClient is, as a rule and subject to the statutory exclusions and limitationsset out in Applicable Law (in particular Article 38 of the Polish Act of 30 May2014 on Consumer Rights), entitled to withdraw from that contract withoutgiving any reason within 14 days from the date of conclusion of the contract.This statutory right of withdrawal may, however, be affected by the Consumer’sexpress request and acknowledgement described in Section 13.5.2 and in Section11 of these Terms, in particular where the Service has been fully performed.
13.5.2. At the moment of accepting an Offer inthe Leniwka App the Client is shown a confirmation screen containing an“Accept” button accompanied by a clear and legible statement indicating that,by accepting the Offer, the Client requests that the performance of the Servicestart before the expiry of the 14-day withdrawal period and acknowledges that,once the Service has been fully performed, they will lose the statutory rightto withdraw from the contract for that Service. By clicking the “Accept” buttonon such screen, the Consumer (Client) expressly gives that request andacknowledgement within the meaning of Applicable Law and, in particular,Article 38 of the Polish Act of 30 May 2014 on Consumer Rights.
13.5.3. Any statutory right of withdrawal ofthe Client as a Consumer applies in addition to, and not in substitution for,the contractual dispute and refund mechanisms described in the remaining partsof this Section 13.5. Nothing in these Terms excludes or limits any mandatoryconsumer rights provided by Applicable Law.
13.5.4. Whenever, under this Section 13.5, theoutcome is a refund in favour of the Client, the refund consists in the returnto the Client of the amounts previously received from the Client for therelevant Order and held on the accounts of the Payment Service Provider underthe Escrow Arrangement, subject only to any deductions that are mandatory underApplicable Law.
13.6. In-app Dispute process.
(a) Opening a Dispute. The Client may open a“Dispute” in the Leniwka App in relation to an Order, including where (i) theService Provider did not start the work or did not arrive, (ii) the work wasnot completed, or (iii) the Client alleges defects or deficiencies. The Clientmay submit a description and supporting evidence (including photographs andcomments). While a Dispute is open, the funds remain held under the EscrowArrangement.
(b) Service Provider response window. The ServiceProvider is granted 24 hours (counted from the moment the Dispute is submittedin the App) to respond. If the Service Provider does not respond within 24hours, the Dispute is deemed resolved in favor of the Client, and the Clientreceives a refund under Section 13.7.
(c) Service Provider response options. Where theService Provider responds within 24 hours, the following options apply:
(i) Decline Dispute. If the Service Providerselects “Decline Dispute”, the Dispute is treated as resolved in favor of theClient, and the escrowed funds are refunded to the Client under Section
13.7.
(ii) Accept Dispute. If the Service Provideraccepts the Dispute, the Service Provider must Fix the Work within 24 hours. Ifthe Service Provider does not fix the work within that period, the Dispute isdeemed resolved in favor of the Client, and the escrowed funds are refundedunder Section 13.7.
(d) Completion after fix. After fixing the work,the Service Provider clicks “Complete Work” in the App. The Client must confirmcompletion within 24 hours. If the Client does not confirm within 24 hours, theDispute is deemed resolved in favor of the Service Provider, and the escrowedfunds are released to the Service Provider by the PSP in accordance with theEscrow Arrangement.
(e) Support. The Client and the Service Providermay contact Support during the Dispute process. Support may request additionalinformation or evidence; however, any payment movement remains subject to thisSection, the Escrow Arrangement and the PSP’s rules and technical capabilities.
13.7. Refund method and timelines.
(a) Refund method. Refunds are issued only to theoriginal payment method through the PSP. No refunds are provided in cash, toalternative methods, or as any in-app balance or credits.
(b) Initiation and bank processing time. Refundinitiation via the PSP typically occurs within 1-3 business days; the time forthe funds to appear on the Client’s account depends on the payment method andthe issuing bank (commonly 3-14 business days for card payments).
(c) BLIK refunds. For BLIK payments, refunds areprocessed via the PSP and returned to the bank account or card linked to BLIK;the Client generally does not need to enter a new BLIK code or take additionalsteps. Banks may process BLIK refunds longer (commonly up to 2–10 businessdays, depending on the bank).
(d) Bank-level complaints and chargebacks.Independent of the in-app Dispute mechanism, a Client may have rights to raisea bank-level complaint under applicable payment rules; in such cases, reversalsand chargebacks may affect the parties and the Platform’s settlement flow, andthe Operator and PSP may request supporting evidence from the parties.
13.8. Evidence and further claims.
If the parties have exhausted thein-app mechanisms described in Section 13 (including Support) and still haveunresolved claims, they may pursue their claims before a competent court inaccordance with Applicable Law. In such proceedings, the parties may useavailable evidence from the Platform (including Order data, timestamps, statushistory, messages and uploaded photos) to the extent accessible and lawful.
13.9. Effect of refunds and release of funds
13.9.1.In all cases described in thisSection 13 where the Dispute or withdrawal is resolved in favour of the Client,the amount paid by the Client for the relevant Order and held in the EscrowArrangement with the Payment Service Provider will be returned to the Clientusing, as far as possible, the same payment method that the Client used for theoriginal payment, unless a different solution is agreed between the Client andthe Service Provider or is required by the Payment Service Provider orApplicable Law.
13.9.2.In all cases described in thisSection 13 where the Dispute is resolved in favour of the Service Provider(including where the Client confirms proper completion of the Service or failsto respond within the relevant timeframe), the funds held in the EscrowArrangement in respect of the relevant Order will be released to the ServiceProvider in accordance with the rules of the Payment Service Provider.
13.9.3.The Operator itself does not holdClients’ or Service Providers’ funds and is not a party to the paymenttransaction. Refunds and releases of funds are executed by the Payment ServiceProvider under its own terms and regulatory authorisations. The Operator willissue appropriate instructions to the Payment Service Provider in accordancewith the outcome of the Dispute process or withdrawal, but is not responsiblefor delays or failures attributable to the Payment Service Provider orintermediary financial institutions, to the extent permitted by Applicable Law.
13.10. Further claims, external procedures and court proceedings
13.10.1. Non-exclusivity of the in-App Dispute process.
The internal Dispute process describedin this Section 13 is intended to provide a fast and practical mechanism forresolving typical issues between Clients and Service Providers. It does notexclude, limit or replace any statutory rights or remedies available to Clientsor Service Providers under Applicable Law, including rights arising fromnon-performance or improper performance of the contract for Services or fromconsumer-protection legislation.
13.10.2. External payment procedures may apply independently.
For the avoidance of doubt, a Clientmay be entitled, under the rules of the relevant payment method or the Client’sbank, to initiate a bank-level complaint, reversal, chargeback or similarprocedure (including, without limitation, certain BLIK-related complaintflows). Such external procedures may be initiated and processed independentlyof (and may in practice affect) the outcome of the in-App Dispute mechanismdescribed in these Terms (or the absence of a Dispute) and may impact the finalsettlement of funds under the Escrow Arrangement.
13.10.3. Post-release reversals, corrections by the PSP.
If funds relating to an Order havealready been released from the Escrow Arrangement and thereafter abank-initiated reversal or similar procedure is triggered (including, withoutlimitation, certain BLIK-related flows), the Payment Service Provider may processa correction in accordance with its own rules and applicable payment methodrules (including, for example, debiting the Operator’s account and/or reversingsettlement entries). In such cases, the Operator may request evidence andinformation from the Client and the Service Provider (including photos,messages, confirmations, invoices and completion evidence), and each partyagrees to cooperate in good faith and within applicable deadlines in order toenable the Operator or the PSP to assess the claim or respond to the bank orPSP.
13.10.4. Recovery of amounts.
To the extent the Operator incurs aloss due to an external payment reversal after funds have been released(including any related fees, penalties or administrative costs charged by thePSP or the payment method), the Operator may recover such amounts from theresponsible party in accordance with these Terms and Applicable Law, includingby (a) setting off such amounts against future payouts otherwise payable to theService Provider, (b) suspending payouts/withdrawals or other relevantfunctionalities until the negative balance is settled, or (c) seeking directreimbursement where set-off is not possible, in each case subject to the PSP’srules and technical capabilities.
13.10.5. Courts and out-of-court dispute resolution.
After exhaustion of the in-App Disputeprocess, any party may refer the dispute to the competent court or, whereapplicable, to an out-of-court dispute resolution body. In any suchproceedings, the Operator may, to the extent permitted by Applicable Law andsubject to data-protection rules, provide information or records from thePlatform (such as Order data, messages, uploaded photos or status logs) whichmay constitute evidence of the interactions between the Client and the ServiceProvider in relation to the disputed Service.
14. Payments and Escrow Mechanics
14.1. Payment methods and PSP role.
Payments for Services arranged throughthe Platform are processed by the Payment Service Provider (“PSP”) usingpayment methods made available in the Leniwka App, which may include debit andcredit cards, BLIK, and digital wallets such as Apple Pay and Google Pay. TheOperator does not provide payment services and does not operate a bank accountor payment account for Users; all payment processing, holding, refunds andreleases of funds are executed by the PSP under its own terms, licences andtechnical rules.
14.2. When the Client is charged and when funds are held.
Once the Client selects a paymentmethod in the Order flow and accepts an Offer (i.e., hires a
Service Provider), the PSP charges theClient for the Order amount. Upon successful charge, the PSP credits the fundsto the Operator’s dedicated PSP account (the “Platform Account” as implementedwithin the PSP environment) and holds such funds under the Escrow Arrangement,meaning the funds are restricted and not released to the Service Provider untila release event occurs under these Terms. The PSP’s holding functionality mayallow the funds to be held for up to ninety (90) days, subject to the PSP’s rulesand technical capabilities. For the avoidance of doubt, release events andrefund events are determined exclusively in accordance with Section 13(including completion confirmation, Dispute outcomes, cancellations andapplicable timeout or inactivity outcomes), and this Section 14 does not modifythe time windows or consequences set out in Section 13.
14.3. Completion, verification and release of funds.
After the Service Provider performs theService, the Service Provider confirms completion in the Leniwka App (e.g., byusing button “Complete Work”) and the Client is asked to verify completion inthe Leniwka App. Upon such confirmation (or other release outcome expresslyprovided by Section 13 (including resolution of a Dispute, cancellations or anapplicable timeout or inactivity logic)), the Operator instructs the PSP torelease funds held under the Escrow Arrangement as follows:
(a) Service Provider share (90%). The PSPtransfers ninety per cent (90%) of the Order amount from the Platform Accountto the Service Provider’s dedicated PSP account (a “Connected Account” asimplemented within the PSP environment).
(b) Platform fee (10%). The remaining ten per cent(10%) of the Order amount is retained on the Platform Account as the Operator’sPlatform commission for providing access to and operating the Platform andfacilitating payments under the Escrow Arrangement.
Release outcomes include, withoutlimitation, (i) Client confirmation of completion, (ii) an outcome of thein-App Dispute mechanism (including deemed outcomes triggered by the timewindows set out in Section 13), (iii) cancellations handled under Section 13,and (iv) applicable inactivity/timeout outcomes expressly set out in Section 13.
14.4. Platform fee policy (10%).
The Platform fee is 10% of the Orderamount and is applied only upon release of funds under the Escrow Arrangement(i.e., when the Order is completed, confirmed or otherwise reaches a releaseoutcome under Section 13). The Platform fee is deducted from the Order amountbefore the Service Provider receives the payout (so the Service Providerreceives 90% of the Order amount, and the Operator retains 10%). The Operatormay disclose the fee to Service Providers in the Leniwka App (including duringOffer or Order flows) and may update fee rules in accordance with the sectionof these Terms governing amendments or updates to the Terms. The Platform feedescribed in this Section is separate from any fees, charges or currencyconversion costs that may be imposed by the Client’s bank or the Client’sselected payment method, if applicable under the Client’s bank or paymentterms. The Operator does not control such fees or costs and is not responsiblefor them to the maximum extent permitted by Applicable Law.
14.5. Payouts to bank accounts.
The transfers referred to in Section14.3 are executed within the PSP infrastructure, from the
Platform Account to the ServiceProvider’s Connected Account. Subsequent payouts from the PSP balances to theUsers’ external bank accounts are processed by the PSP according to its payoutschedules and technical constraints. As reflected in the Platform’s paymentdesign, the default payout schedule may be set to approximately 1-2 businessdays (or another interval configured by the Operator within the PSP settings).If a payout attempt fails, the PSP may retry the payout in accordance with itsrules. Refunds, including full refunds and Auto-Refund outcomes, are processedin accordance with Section 13 by returning funds received from the Client andheld by the PSP under the Escrow Arrangement to the original payment method.
14.6. Responsibility and limitations.
(a) The Operator is not a party to thepayment transaction between the Client and the Service
Provider and does not itself holdUsers’ funds; the Operator’s role is limited to operating the Platform andsending instructions to the PSP in accordance with these Terms and the outcomesgenerated by the Platform’s flows (completion confirmation, Dispute resolution,cancellations, timeouts).
(b)The Operator is not responsiblefor processing delays, bank settlement times, payout failures or otherperformance issues attributable to the PSP, payment methods or intermediaryfinancial institutions, to the maximum extent permitted by Applicable Law. TheOperator does not guarantee the availability of particular payment methods orany bank processing timelines, which may vary and may change due to PSP, bankor payment method rules.
(c) Users remain responsible forensuring that their payment details and payout details provided to the PSP areaccurate and up to date and for complying with any requirements imposed by thePSP (including verification, compliance or risk controls).
14.7. PSP onboarding and verification.
To receive payouts, a Service Providermay be required by the PSP to complete onboarding, identity and payoutverification (including providing supporting documents) and to comply with thePSP’s compliance and risk controls. Failure to complete verification may delay,restrict or prevent payouts, subject to Applicable Law and the PSP’s rules.
In addition to the PSP's ownverification requirements, Service Providers are required to provide TaxIdentification Data to the Operator separately and directly in accordance withSections 7.2 and 20.3 of these Terms, pursuant to DAC7 reporting obligations.Where a Service Provider fails to provide Tax Identification Data within theperiod required by applicable law, the Operator is required to restrict payoutsor block the Service Provider's ability to accept new Orders, as furtherdescribed in Section 20.6 of these Terms. Such restrictions are separate fromand independent of any restrictions that may be applied by the PSP under itsown terms.
14.8. Information on payment method and timing (distance contracts).
For the purposes of consumerinformation requirements applicable to distance contracts, the
Client is informed that: (a) paymentfor the Service is charged at the moment the Client accepts a
Service Provider's Offer in the LeniwkaApp (i.e., upon conclusion of the contract for the Service); (b) payment isprocessed by the Payment Service Provider using the payment method selected bythe Client in the Order flow (which may include debit or credit card, BLIK,Apple Pay or Google Pay, subject to availability); (c) the Client's funds areheld under the Escrow
Arrangement and are not released tothe Service Provider until the conditions described in Section 13 are met; (d)the Platform fee of 10% of the Order amount is deducted from the amountreleased to the Service Provider and is not an additional charge payable by theClient above the Order amount.
15. Referral Program
15.1. Overview
15.1.1. The Operator operates a referralprogram for Users (the “Referral Program”). Under the
Referral Program, an existing User(the “Referring User”) may invite a new User (the “Referred User”) to registerand use the Platform and, upon the Referred User’s fulfilment of the conditionsdescribed in this Section 15, both the Referring User and the Referred User maybecome entitled to receive a one-time monetary bonus (the “Referral Bonus”).
15.1.2. The Referral Program is anoptional promotional mechanism and does not form part of the core functionalityof the Platform. Participation in the Referral Program is entirely voluntaryand is not required in order to register an Account or use the Platform.
15.2. Eligible Users and scope
15.2.1. A “Referred User” is a naturalperson who:
(a) has not previously had an Accounton the Platform (including under a different identity, email address or phone number);
(b) registers on the Platform byentering a unique referral code assigned to the Referring User in thedesignated field on the registration screen of the Leniwka App; and
(c) successfully completesregistration and, where applicable, identity verification under Sections 6 and7 of these Terms and has an active Account that is not suspended or restricted.
15.2.2. A "Referring User"is a User who has an active, verified Account that is not suspended orrestricted, who has access to the "Refer & Earn" functionality inthe Leniwka App, and who is not excluded from the Referral Program pursuant toSections 15.2.6 through 15.2.9.
15.2.3. The Referral Program has onelevel only. A Referring User may receive a Referral Bonus only in respect ofReferred Users directly invited by that Referring User. No bonuses or otheradvantages are granted in respect of further levels of referrals.
15.2.4. For operational andfraud-prevention reasons, the Operator may limit the number of invitations thata User may send within a given period. By default, a referral code may be usedby no more than twenty (20) new Users within any rolling 24-hour period, asmeasured by the Platform. Once this daily limit is reached, additionalregistrations using the same referral code are not accepted until the following24-hour window opens..
15.2.5. The Operator may, in itsreasonable discretion and subject to Applicable Law, verify whether a ReferredUser is genuinely new and may reject referrals that do not meet the criteriaset out in this Section 15.2 or appear to be abusive or fraudulent.
15.2.6. A Service Provider whooperates on the Platform as a registered sole proprietorship is not eligible toparticipate in the Referral Program, whether as a Referring User or as aReferred User. This exclusion applies regardless of whether such a User alsoholds or uses a Client role on the Platform.
15.2.7. If a User who has been actingas a Referring User (including a User who has already shared a referral codeand accumulated a pending Referral Bonus) subsequently activates a soleproprietorship Service Provider status on their Account, access to the"Refer & Earn" section of the Leniwka App is permanently disabledfor that Account with immediate effect. Any pending or unearned Referral Bonusaccumulated by such User in their capacity as a Referring User is forfeited andwill not be paid. If the User subsequently switches back to the Client role,the "Refer & Earn" section remains permanently inaccessible forthat Account for as long as the Account has at any point been associated with asole proprietorship Service Provider status.
15.2.8. Notwithstanding Section15.2.7, Referred Users who were validly invited by a Referring User prior tothat Referring User's activation of sole proprietorship Service Provider statusmay continue to fulfil the conditions of the Referral Program set out inSection 15.3 and, upon fulfilment of all such conditions, remain entitled toreceive their own Referral Bonus. The forfeiture described in Section 15.2.7affects only the Referring User's entitlement and does not retroactively affectthe entitlement of any such Referred User.
15.2.9. If a User registered on thePlatform by entering a referral code and subsequently activates a soleproprietorship Service Provider status on their Account, the entire ReferralProgram functionality is permanently disabled for that Account. Any amountaccumulated by that User towards the activity threshold under Section 15.3.1(c)is forfeited and the Operator is not required to pay any Referral Bonus to thatUser. The tracking of any Referred Users previously invited by that User intheir capacity as a Referring User is also discontinued, and no Referral Bonusmay be generated for that Account on the basis of such prior referrals.
15.3. Conditions for earning the Referral Bonus
15.3.1. A Referral Bonus is earned andbecomes payable only when all of the following conditions are cumulatively metwithin the Referral Eligibility Period set out in Section 15.3.4:
(a) the Referred User has successfullycompleted registration and, where applicable, identity verification underSections 6 and 7 of these Terms and has an active Account that is not suspendedor restricted;
(b) the Referred User has linked validpayment or payout details (a payment card or a bank account) required to usethe Platform in accordance with these Terms;
(c) the Referred User has reached aminimum activity threshold consisting of a cumulative value of Orders placed(in relation to the Client) or completed (in relation to the Service Provider)via the Platform in the amount of at least 200 (two hundred) Polish zloty(PLN). This threshold may be reached by the Referred User acting as a Client(placing paid Orders via the Platform) and (or) as a Service Provider (dulycompleting paid Orders via the Platform);
(d) the Orders used to reach thethreshold in point (c) have not, in accordance with the dispute-resolution andAuto-Refund (Escrow Timeout) rules set out in Section 13 of these Terms, beenfully refunded to Clients for reasons attributable to the Referred User(including, in particular, failure to perform, non-attendance or materialdefects in the Service); and
(e) no fraud, abuse or violation ofthese Terms has been identified in relation to the relevant referral.
15.3.2. Subject to Section 15.3.1, thestandard Referral Bonus is a one-time amount of 20 (twenty) Polish zloty (PLN)for the Referring User and a one-time amount of 20 (twenty) Polish zloty (PLN)for the Referred User in respect of each qualifying Referred User. The ReferralBonus is granted only once per Referred User; subsequent activity by the sameReferred User does not give rise to additional Referral Bonuses in relation tothat referral.
15.3.3. The Operator may modify theamount of the Referral Bonus or the minimum activity threshold for futurereferrals by amending these Terms in accordance with the provisions onmodifications. Any such modification will not affect Referral Bonuses that havealready been validly earned in accordance with this Section 15 before theeffective date of the change, unless Applicable Law requires otherwise.
15.3.4. A Referred User must fulfil allconditions set out in Section 15.3.1 within one hundred and eighty (180)calendar days from the date on which the Referred User completes registrationon the Platform using a referral code (the "Referral EligibilityPeriod"). If the conditions are not fully met within the ReferralEligibility Period, the Referred User's entitlement to a Referral
Bonus expires automatically upon thelapse of that period and any amount accumulated by the Referred User towardsthe activity threshold under Section 15.3.1(c) is forfeited, with no obligationof payment by the Operator.
15.3.5. No later than thirty (30)calendar days before the expiry of the Referral Eligibility Period (i.e., at oraround the one hundred and fiftieth (150th) calendar day from the date ofregistration), the Platform will send the Referred User a push notificationreminding the Referred User of the upcoming expiry of the Referral EligibilityPeriod and of the conditions that remain to be fulfilled in order to earn theReferral Bonus. Such notification is provided as a courtesy reminder only anddoes not extend the Referral Eligibility Period or give rise to any additionalrights.
15.3.6. For the avoidance of doubt,the Referral Eligibility Period applies to the Referred User's obligationsonly. The Operator's obligation to pay a Referral Bonus that has been validlyearned before the expiry of the Referral Eligibility Period is not affected bythe lapse of that period.
15.4. Nature and payment of the Referral Bonus
15.4.1. The Referral Bonus is paid bythe Operator from its own funds. It is not deducted from any amounts due fromClients to Service Providers for Services, and it is not paid out of funds heldunder the Escrow Arrangement. The Referral Bonus is separate from anyremuneration for Services due between Clients and Service Providers.
15.4.2. The Referral Bonus is paid ina cashless monetary form by bank transfer to the payout details linked to theUser's Account, either via the PSP or directly from the Operator's own bankaccount, at the Operator's discretion, namely:
(a) where the User is acting as aService Provider, to the payout account provided and verified duringregistration as a Service Provider; and
(b) where the User is acting as aClient, to the payment instrument or other payout details currently linked tothat Client’s Account.
15.4.3. The Referral Bonus is not paidin cash, is not paid as in-App virtual currency, points, credits, coupons orgift cards, and is not subject to the Escrow Arrangement.
15.5. Prohibited conduct and fraud prevention
15.5.1. It is strictly prohibited to:
(a) create or use multiple Accounts(including Accounts registered in the names of third parties) for the purposeof self-referral or otherwise artificially generating Referral Bonuses;
(b) use false, misleading or stolenidentities, contact details or documents;
(c) coordinate with other Users orthird parties to generate artificial or sham Orders or to simulate Servicessolely for the purpose of earning Referral Bonuses or meeting activitythresholds;
(d) use automated tools, bots or othertechnical means to generate clicks, registrations or Orders within the ReferralProgram; or
(e) engage in any other conduct thatconstitutes fraud, abuse of the Referral Program or a violation of these Termsor Applicable Law.
15.5.2. Where the Operator hasreasonable grounds to suspect that a Referral Bonus has been claimed, earned orobtained in breach of this Section 15, the Operator may, to the extentpermitted by Applicable Law:
(a) refuse to grant or pay therelevant Referral Bonus;
(b) cancel or reverse a previouslygranted Referral Bonus (including by setting off the corresponding amountagainst future payouts or Referral Bonuses payable to the User);
(c) suspend or close the relevantAccount(s); and
(d) take any other measures providedfor in these Terms or under Applicable Law.
15.6. Tax treatment
15.6.1.Referral Bonuses received by Usersmay constitute taxable income under Applicable Law, in particular as incomefrom other sources within the meaning of Article 10(1)(9) in conjunction withArticle 20(1) of the Polish Personal Income Tax Act of Poland of 26 July 1991(Ustawa z dnia 26.07.1991r. opodatku dochodowym od osób fizycznych).
15.6.2.The Operator does not withhold orcollect personal income tax on Referral Bonuses at source. Instead, whererequired by Applicable Law, the Operator prepares and provides to each relevantUser and to the competent tax office an annual information form (currentlyPIT-11 or any equivalent successor form) indicating the amount of income fromother sources derived from Referral Bonuses in the relevant tax year, inaccordance with Applicable Law.
15.6.3.To enable the Operator to complywith any reporting obligations under Applicable Law (including the preparationand submission of PIT-11 or an equivalent form), Users participating in theReferral Program may be required to provide additional identification andcontact data (such as PESEL number, address of residence and other details) andto keep such data accurate and up to date. Failure to provide such data, or theprovision of incorrect data, may result in an inability to receive ReferralBonuses or in delays in payment and reporting.
15.6.4.Each User is solely responsiblefor assessing their individual tax situation and for including Referral Bonusesin their annual personal income tax return and paying any tax that may be duein connection with such bonuses. The Operator does not provide tax advice andis not responsible for calculating or paying the User’s personal income tax.
15.7. Changes, suspension and termination of the Referral Program
15.7.1. The Operator may, at itsreasonable discretion and in accordance with Applicable Law:
(a) modify the Referral Program(including the amount of the Referral Bonus, activity thresholds, eligibilitycriteria and technical rules);
(b) temporarily suspend the ReferralProgram; or
(c) terminate the Referral Program.
15.7.2. Any such modification,suspension or termination will not affect Referral Bonuses that have alreadybeen validly earned in accordance with this Section 15 before the effectivedate of the change, unless Applicable Law requires otherwise (for example, incases of fraud or regulatory restrictions).
15.8. Relationship with other provisions and ranking
15.8.1. Participation ornon-participation in the Referral Program does not affect:
(a) the contractual relationshipbetween Clients and Service Providers in respect of Services, which remainsgoverned by Applicable Law and Sections 9 and 13 of these Terms;
(b)the Escrow Arrangement and paymentflows for Orders as described in Sections 13 and 14; or
(c) the ranking, sorting or visibilityof Service Providers or other Users in the Platform.
15.8.2. The fact that a Userparticipates or does not participate in the Referral Program, or the number ofreferrals made or Referral Bonuses earned, does not in itself improve or worsenthat User’s ranking or visibility in search results or other placements withinthe Platform.
16. Complaints and Mediation for Business Users
16.1. Scope and legal basis.
This Section 16 applies to BusinessUsers and sets out the Operator’s internal complaint-handling mechanism andmediation framework in accordance with Regulation (EU) 2019/1150 of theEuropean Parliament and of the Council of 20 June 2019 on promoting fairnessand transparency for business users of online intermediation services (the“Regulation (EU) 2019/1150”).
16.2. Matters that may be subject to a complaint.
A Business User may submit a complaintconcerning, in particular:
(a) an alleged failure by the Operatorto comply with obligations under Regulation (EU)
2019/1150, where such alleged failureaffects the Business User;
(b)technological issues orinterruptions that are directly related to the provision of the Operator’sonline intermediation services and that affect the Business User’s ability touse the Platform; (c) measures applied by the Operator, or the Operator’s conduct,that are directly related to the provision of the Operator’s onlineintermediation services and that affect the Business User (including, whereapplicable, restriction, suspension, limitation or termination of the BusinessUser’s Account and specific User Content under these Terms).
16.3. Submission of complaints.
The internal complaint-handlingmechanism under this Section 16 is easily accessible and free of charge forBusiness Users. Complaints may be submitted to the Operator:
(a) electronically via the supportform available in the Leniwka App; or
(b)by email to the Operator’s supportemail address indicated in these Terms or in the Leniwka App; or
(c) in writing by post (includingregistered mail or courier) to the Operator’s registered office addressindicated in these Terms.
16.4. Information to be provided.
To enable efficient handling, theBusiness User should provide, to the extent available: (i) identification ofthe Business User and the relevant Account, (ii) identification of the relevantmatter (e.g., Order ID, Request/Offer reference, Profile reference, specificcontent or measure challenged), (iii) the facts and timeline, including thereasons why the Business User considers the matter inconsistent with Regulation(EU) 2019/1150 and/or these Terms, and (iv) the Business User’s specificrequest (remedy sought).
16.5. Handling and response.
The Operator will duly consider thecomplaint and any follow-up required to address the issue, will processcomplaints swiftly and effectively taking into account the importance andcomplexity of the matter, and will communicate the outcome to the Business Userin an individualised manner and in plain and intelligible language. Wherenecessary, the Operator may request additional clarification limited to what isreasonably required to examine the complaint.
16.6. Transparency regarding the system.
Information on access to andfunctioning of the internal complaint-handling mechanism is provided in theseTerms. Where required and to the extent applicable (including taking intoaccount any exemptions available under applicable law), the Operator may alsomake publicly available aggregated information on the functioning andeffectiveness of the internal complaint-handling mechanism and may review suchinformation periodically.
16.7. Relation to other mechanisms under these Terms.
This Section 16 concerns complaints byBusiness Users regarding the Operator’s online intermediation services. It doesnot replace:
(a) the in-App Dispute mechanismbetween Clients and Service Providers governing cancellations, disputes,refunds and Escrow-related outcomes under Section 13; or (b) the generalcomplaints process under Section 19, where applicable.
16.8. Mediation.
If a complaint cannot be resolvedthrough the internal complaint-handling mechanism, a
Business User may request mediation toseek an out-of-court settlement of the dispute with the Operator in relation tothe Operator’s online intermediation services (including matters of the typelisted in Section 16.2). The Operator indicates that it is willing to engage inmediation, in good faith, with at least the following mediation serviceproviders or centres, which may appoint individual mediators in accordance withtheir rules: (a) CEDR (Centre for Effective Dispute Resolution); and (b) ICCInternational Centre for ADR.
Mediation is voluntary and requiresmutual agreement of the Operator and the Business User to proceed. The BusinessUser remains free to propose other qualified mediation service providers orcentres or individual mediators. The Operator reserves the right to declinemediation or to decline a proposed mediator or mediation service provider wherethere are objective reasons (including conflicts of interest, lack ofindependence, lack of availability, language or accessibility constraints, ordisproportionate costs).
The Operator shall bear a reasonableproportion of the total costs of mediation in each individual case. Thereasonable proportion may be determined on the basis of a suggestion by themediator or mediation service provider and by taking into account the relevantelements of the case (including the relative merits of the parties’ claims, theparties’ conduct, and their size and financial strength). Any attempt to reachan agreement through mediation does not affect the right of either party toinitiate judicial proceedings at any time before, during or after mediation.
17. Personal Data Processing
17.1. In connection with the operationof the Platform, the Operator may collect and process personal data relating tousers and, where applicable, individuals acting on their behalf. Suchprocessing is carried out in accordance with applicable data-protection lawsand regulations.
In particular, the Operator processespersonal data of Service Providers (including Tax Identification Data asdefined in these Terms) for the purpose of fulfilling its DAC7 reportingobligations. Such processing is carried out on the basis of a legal obligationto which the Operator is subject under Applicable Law.
17.2. Details regarding the categoriesof personal data processed, the purposes and legal bases for such processing,data retention periods, and the rights of data subjects are set out in theOperator’s Privacy Statement and the Operator’s Cookie Policy, which formsintegral parts of these Terms and is incorporated herein by reference. ThePrivacy Statement may be updated from time to time.
18. Allocation of Responsibilities
18.1. Reference to existing provisions.
The Operator and each User acknowledgeand agree that the Operator’s role as an intermediary
(including that the Operator does notprovide the Services and is not a party to the contract for
Services concluded between a Clientand a Service Provider) is set out in Section 2.2 and Section 9.10. The ruleson User Content and moderation are set out in Section 12, and the rules oncancellations, disputes, refunds and the Escrow Arrangement are set out inSection 13. Nothing in this Section limits or expands those provisions.
18.2. No responsibility for typical market outcomes and Users’ decisions.
To the maximum extent permitted byApplicable Law, the Operator is not responsible for: (a) lack of interest in aClient’s Request, a Service Provider’s Offer, a Profile or other User-facinglisting within the Platform by other Users; (b) a Client’s decision not toaccept any Offer, not to place an Order, or not to conclude a contract forServices, even after receiving Offers; or (c) a Service Provider’s decision notto submit an Offer, not to respond to a Request, or not to enter into acontract for Services.
18.3. No guarantee of ability to contract or perform.
Without prejudice to Sections 2.2, 5.4and 9.10, the Operator does not guarantee that any User is able to validlyconclude, or will be able to properly perform, a contract for Services(including due to capacity, authority, eligibility, qualifications, availability,solvency, compliance status, or any other circumstances relating to that User).Any arrangement and performance of Services remains solely between the Clientand the Service Provider, subject to Section 13 (including the internal Disputeprocess).
18.4. Users’ independent compliance obligations.
Each User remains solely responsiblefor complying with Applicable Law applicable to that User, including any dutiesrelating to consumer protection (where the User acts as a professional), civillaw, taxation, social security, licensing, permits, safety and other regulatoryrequirements. The Operator does not assume responsibility for, and does notwarrant, any User’s compliance with such obligations.
18.5. Consumer-law applicability where the Service Provider is not acting asa trader. Certain mandatory consumer-protection rightsunder Applicable Law apply specifically to contracts concluded between aConsumer and a professional acting in the course of its business. Where, for aparticular Service, the Service Provider is not acting in a professional orbusiness capacity, certain consumer-protection regimes applicable totrader-to-consumer contracts may not apply to the contract for Services betweenthe Client and that Service Provider. This does not limit any rights orremedies that may still be available to either party under general civil law orother mandatory provisions of Applicable Law.
The Operator separately informsConsumers that their statutory rights under the Polish Consumer
Rights Act apply fully to theagreement between the Consumer and the Operator regarding the Platform Service.For questions about the applicability of consumer protection rules to thespecific contract for Services between a Client and a Service Provider,Consumers may contact the Operator or seek independent legal advice.
18.6. No limitation of statutory rights and Section 13 remedies.
Nothing in this Section is intended toexclude or limit any statutory rights or remedies available to Clients orService Providers under Applicable Law. In particular, this Section does notchange the cancellation, Dispute and refund mechanisms described in Section 13,nor does it limit the parties’ ability to seek remedies outside the Platform asprovided in these Terms.
19. Complaints to the Operator (Platform Functionality and OperatorServices)
19.1. Scope.
This Section applies to complaints andnotices addressed to the Operator regarding the functioning of the Platform andthe Operator’s services provided under these Terms (including technical issues,access problems, account-related matters, and the handling of processesadministered by the Operator under these Terms). For complaints concerning theperformance of Services by a Service Provider (quality, timeliness, defects),Users should primarily use the in-App Dispute mechanism described in Section13.
19.2. Who may submit a complaint.
Any User may submit a complaint. Inaddition, any natural person who uses the Platform without creating an Accountor without being logged in may contact the Operator regarding the Operator’sservices and the functioning of the Platform.
19.3. Contact channels.
Complaints and notices may besubmitted to the Operator:
(a) electronically via the supportform available in the Leniwka App; or
(b)by email to the Operator’s supportemail address indicated in these Terms or in the Leniwka App; or
(c) in writing by post (including byregistered mail or courier) to the Operator’s registered office address(company address) indicated in these Terms.
19.4. What the complaint should include.
To enable the Operator to identify andaddress the issue efficiently, the complaint should include, to the extentavailable: (a) the User’s name and surname (or other identifier used in theAccount), and at least one contact detail (email address and/or mobile phonenumber associated with the Account); (b) identification of the relevant matter,such as the Order ID, Request or Offer reference, Service Provider profilereference, or any other information enabling the Operator to locate therelevant activity within the Platform; (c) the time period when the issueoccurred and a description of the circumstances; (d) screenshots or othersupporting materials, if relevant; and (e) the User’s specific request orexpected resolution.
19.5. Requests for additional information.
If the information provided isinsufficient to assess the complaint, the Operator may request additionaldetails or clarification to the extent reasonably necessary to handle thecomplaint. The Operator will indicate what information is required and why itis needed.
19.6. Handling time and response method.
The Operator will handle complaintswithout undue delay. As a general rule, the Operator aims to provide asubstantive response to a complaint within 7 business days of receipt of acomplete complaint. In justified cases where the complaint cannot be properlyassessed within this period (for example, due to the need to obtain additionalinformation or evidence), the Operator may extend this period, but no longerthan up to 15 business days in total. In such a case, the Operator will informthe complainant about the extension and the reasons for it. The Operator may
respond by email to the addressprovided or associated with the Account or, where appropriate, by othercommunication means available in the Platform (including in-App notifications).
19.7. No limitation of statutory rights.
Nothing in this Section limits anymandatory rights or remedies available under Applicable Law. Where a complaintrelates to payments or refunds processed by the Payment Service Provider, theOperator’s ability to resolve the issue may be subject to the PSP’s rules andtechnical capabilities, as described in Section 13 and Section 14.
19.8 Out-of-Court Dispute Resolution for Consumers.
19.8.1.The Operator informs Consumersthat they have the right to use out-of-court dispute resolution procedures inconnection with contracts concluded through the Platform, in accordance withapplicable law.
19.8.2.Inspekcja Handlowa (Trade Inspection). AConsumer may submit a request for mediation to the competent ProvincialInspectorate of Trade Inspection, which provides free mediation services.Information is available at: www.uokik.gov.pl.
19.8.3.Permanent Consumer Arbitration Courts. AConsumer may also submit a request for resolution of the dispute to a permanentconsumer arbitration court (stały polubowny sąd konsumencki) operating at therelevant Provincial Inspectorate of Trade Inspection, in accordance with theAct of 15 December 2000 on Trade Inspection. Participation of the Operator isvoluntary.
19.8.4.ODR Platform. Consumers may also use theEuropean online dispute resolution platform (ODR platform) available at:https://ec.europa.eu/consumers/odr/. The Operator's email address for ODRpurposes is: hello@leniwka.com.
19.8.5.The above information does notlimit or replace Consumers' rights to seek redress before competent courts.
20. DAC7 Tax Reporting
20.1. Scope and legal basis
20.1.1. The Operator is subject toreporting obligations as a reporting platform operator under the
Act on Exchange of Tax Informationwith Other Countries (as amended in 2024) implementing Council Directive (EU)2021/514 ("DAC7"). This Section sets out the rights and obligationsof the Operator and Service Providers in connection with these obligations.
20.1.2. Service Providers on the Platformare natural persons - either acting without registered business activity or assole traders (JDG). This Section applies to all Service Providers regardless oftheir legal or tax status.
20.1.3. This Section 20 supplements anddoes not replace Sections 6, 7, 8, 14 and 17 of these Terms.
20.2. Reportable Sellers and applicable activity
20.2.1. All Services offered and performedthrough the Platform constitute personally rendered services subject to DAC7reporting obligations.
20.2.2. There is no minimum transaction orrevenue threshold for personally rendered services. Any Service Provider whoreceives any consideration for Services through the Platform during a DAC7Reporting Period qualifies as a Reportable Seller from the first transaction.
20.2.3. The Operator's obligation tocollect Tax Identification Data is triggered from the moment a Service Providercompletes registration on the Platform. Tax Identification Data must beprovided in full at the time of registration as described in Section 6.1.
20.3. Tax Identification Data to be provided by Service Providers
20.3.1. Each Service Provider is requiredto provide the following Tax Identification Data pursuant to DAC7 reportingobligations:
(a) Full name - required for allService Providers.
(b) Date of birth - required for allService Providers.
(c) Primary address of residence -required for all Service Providers. The Service Provider provides their primaryplace of residence. This address is self-declared by the Service Provider atthe time of registration.
(d) Tax identification number (TIN)and country of issuance - required for all Service Providers, where a TIN hasbeen issued by their country of tax residence. The applicable TIN depends onthe Service Provider's status:
- natural persons not registered assole entrepreneurs: PESEL;
- natural persons registered as soleentrepreneurs, regardless of VAT status: NIP.
Where no TIN has been issued by theService Provider's country of tax residence, the Service Provider must providetheir place of birth instead.
(e) VAT identification number -required only if the Service Provider is registered as a VAT taxpayer. Wherenot applicable, this field may be left blank.
(f) CEIDG registration number -required for Service Providers registered as sole entrepreneurs. This number isused by the Operator for the purpose of verifying the Service Provider's NIPpursuant to DAC7 reporting obligations.
(g) Country of tax residence -required for all Service Providers. This field is pre-filled based on thecountry of the primary address of residence provided under (c) above. TheService Provider must amend this field if their country of tax residence differsfrom the country of their primary address of residence.
(h) Financial account identifier(IBAN) - required for all Service Providers. The IBAN of the bank account towhich remuneration is to be paid.
20.3.2.Where a Service Provider's TIN wasissued in a country other than the country of the Service Provider's primaryaddress of residence, the Operator will recognise the Service Provider as a taxresident of both countries for DAC7 reporting purposes.
20.3.3.In addition to the identificationdata above, the Operator includes in the annual DAC7 report for each ReportableSeller: (a) total remuneration paid or credited per quarter; (b) number ofcompleted transactions per quarter; and (c) platform commissions deducted perquarter.
20.4. Verification of Tax Identification Data
20.4.1.The Operator verifies TaxIdentification Data pursuant to DAC7 reporting obligations using: (a)information and documents available to the Operator in the course of thePlatform's operation, including identity documents uploaded pursuant to Section6.3 and identity verification results provided by the Payment Service Provider;and (b) free-of-charge electronic verification services made available byPolish authorities or the European Union for checking the validity of NIP andVAT numbers.
20.4.2.The primary address of residenceis verified on the basis of the Service Provider's self-declaration made atregistration. The Operator may request additional supporting documentationwhere there are specific grounds to doubt the accuracy of the declared address.
20.4.3.The Operator retains all TaxIdentification Data and verification documentation for the period required byapplicable law pursuant to DAC7 reporting obligations.
20.4.4.The Operator may engage externalservice providers (including the Payment Service Provider) to carry out TaxIdentification Data verification on its behalf. Such engagement does nottransfer the Operator's responsibility for proper performance of its DAC7obligations. Where verification is performed by the Payment Service Provider,the Operator stores the relevant verification results in its own systems in aform available for electronic retrieval.
20.5. Annual reporting
20.5.1. The Operator submits an annualDAC7 report in electronic form to the Head of the
National Tax Administration by 31 January of the year following each DAC7Reporting Period.
20.5.2. The report covers all ReportableSellers who were active on the Platform during the relevant DAC7 ReportingPeriod, with financial data aggregated by quarter.
20.6. Consequences of failure to provide or update Tax IdentificationData
20.6.1.Tax Identification Data must beprovided in full at the time of Service Provider registration as described inSection 6.1(a)(ii). A Service Provider who has not provided complete TaxIdentification Data at registration will not be able to accept Orders on thePlatform.
20.6.2.Each Service Provider is requiredto keep their Tax Identification Data accurate and up to date at all times.Where Tax Identification Data changes (including change of address, taxidentification number or country of tax residence), the Service Provider mustupdate their data in the Account settings without undue delay.
20.6.3.Where the Operator has grounds tobelieve that Tax Identification Data on file is inaccurate or incomplete, itwill notify the Service Provider and request updated data. If the ServiceProvider fails to provide accurate and complete Tax Identification Data withinthe period required by applicable law pursuant to DAC7 reporting obligations,the Operator is required to suspend payouts to that Service Provider until therequired data is provided. Where it is not technically possible to suspendpayouts, the Operator will block the Service Provider's ability to accept newOrders on the Platform.
20.6.4.The Operator is not liable for anyloss suffered by a Service Provider as a result of payout suspension or Orderrestrictions applied in accordance with Section 20.6.3, where such measures arerequired pursuant to DAC7 reporting obligations.
20.7. Copy of reported data - Service Provider's rights
20.7.1.By 31 January of each year, theOperator provides each Reportable Seller with a copy of the informationreported about them to the competent tax authority for the preceding DAC7Reporting Period. The copy is made available in the Service Provider's Accountin the Leniwka App or may be sent by email to the address associated with theAccount.
20.7.2.In December of each year, theOperator notifies each Reportable Seller of the data that will be reported forthe current DAC7 Reporting Period, providing sufficient time for the ServiceProvider to request correction of any inaccurate data before submission to thecompetent tax authority.
20.7.3.Service Providers have thefollowing rights in connection with DAC7 reporting: (a) the right to receive acopy of the reported information; (b) the right to request correction ofinaccurate Tax Identification Data before reporting; and (c) the right to restrictionof processing where the accuracy of the data is contested. The right to erasureand the right to object do not apply to processing carried out pursuant to DAC7reporting obligations, as such processing is based on a legal obligation underApplicable Law.
20.8. Notification of Service Providers
20.8.1.Pursuant to DAC7 reportingobligations, the Operator informs each Service Provider - prior to thesubmission of their data to the competent tax authority - that their TaxIdentification Data and financial transaction data will be: (i) collected andprocessed by the Operator as required by applicable law; and (ii) transmittedto the competent tax authority and, where applicable, to the competent taxauthorities of other EU Member States of which the Service Provider is a taxresident.
20.8.2.This notification is provided atthe time of Service Provider registration (Section 6.1) and repeated annuallyin December of each year before the reporting deadline. Further details are setout in the Operator's Privacy Statement.
20.9. No new tax obligation
20.9.1. DAC7 reporting does not imposeany new tax obligation on Service Providers. It enables tax authorities toverify compliance with existing income tax obligations under Applicable Law.
Each Service Provider remains solelyresponsible for their own tax declarations and payments.
The Operator does not provide taxadvice.
MODELWITHDRAWAL FORM
(completeand return this form only if you wish to withdraw from the contract)
RETAILYX spółka z ograniczonąodpowiedzialnością
UL. DOMANIEWSKA 17/19 / 133,
02-672 WARSZAWA.
Email: hello@leniwka.com
I/We(*) hereby give notice of my/our(*)withdrawal from the contract for the sale of the following goods(*) / for thedelivery of the following goods(*) / for the performance of the following workconsisting in the manufacture of the following goods(*) / for the provision ofthe following service(*):
_______________________________________________________________________
_______________________________________________________________________
Date of conclusion of the contract(*)/ date of receipt(*): __________________________
Name and surname of the consumer(s):_________________________________________
Address of the consumer(s):__________________________________________________
_______________________________________________________________________
Signature of theconsumer(s) (only if this form issubmitted on paper): ________________ Date: ____________________________
(*) Delete as appropriate.
Notes on use (for inclusion in the Terms, not part of the statutoryform itself):
This form corresponds to the modelform set out in Annex No. 2 to the Polish Act of 30 May 2014 on ConsumerRights. Use of this form is not mandatory - the Consumer may withdraw from thecontract by submitting any unequivocal written statement. The completed formshould be sent to the Operator by email at hello@leniwka.com or via the supportform in the Leniwka App. Upon receipt of a withdrawal submitted electronically,the Operator will immediately send the Consumer confirmation of receipt on adurable medium.