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Terms of Use

Last updated on September 17th, 2021

The English version of the Terms of Use is merely a translation. The only valid version of the Terms of Use is the Polish version, available in the Polish-language Bookby app or on the website https://www.bookby.app/pl/terms-of-use.

1. Introduction

By downloading or using the Bookby app available for Android and iOS devices (hereinafter referred to as "Application", "App" or "Service") and visiting the bookby.app website (hereinafter referred to as "Website" or "Service"), these terms will automatically apply to you, so please make sure you read them carefully before using the Service.

The service is provided by sf-labs sp.z o.o., ul. Józefa Marcika 6, 30-443 Kraków, Poland, REGON: 388297924, NIP: 6793213075 (hereinafter referred to as "Service Provider").

The App allows individuals to:

  • exchange (swap), buy, sell or give-away books,
  • communicate with other users when there is a will to buy/sell a book or there was a match between users in liking each other's books.

We are not party to any transaction between users. We do not buy, sell, or exchange any items displayed in the App. We do not pre-vet any books listed in the App. We shall not be obliged to engage in any dispute between users. We are not responsible for vetting the parties that you deal with.

2. Using the application

To use the App, download it from the Google Play or App Store and register an account. When registering, please provide username, email address and approximate location. To start browsing and adding offers, you need to enter the access code sent to your e-mail address. Each login is done by entering the access code sent to your e-mail address.

This App does not address anyone under the age of 18. If you are under 18, an adult parent or guardian must register to use the Services on your behalf. Your parent or guardian will be responsible for supervising your use of the App at all times and must ensure that you comply with these Terms.

If you are provided with an access code or any other piece of information as part of our security procedures, you must treat such information as confidential.

We do not allow multiple accounts in the App. If having a reasonably grounded suspicion that a user is using more than one account in the App, we may block or delete any of the involved accounts.

The App cannot be used by business sellers to list their items.

3. Internal currency

The use of the App is free of charge. The App has a system of internal currency that can be used to increase the limit of books, filters as well as to bump and promote your offers. Each new user starts out with an amount of 100 of internal currency to use. If the funds are exhausted, it is possible to purchase them in the form of In-App purchases. After making the payment, the App user account from which the payment was initiated is given an additional amount of internal currency resulting directly from the purchased packet.

Only services offered in the App can be purchased for the internal currency. It cannot be withdrawn in any way, converted into real currency or transferred to another account in the App. We reserve the right to change the amount of internal currency that the new user receives initially, the prices and types of services offered with the internal currency and the prices of the In-App purchases.

The current price list of services offered in the App:

  • bumping a book - the internal currency in the amount = the price of the book in PLN set by the book owner in the App * 20 * 10%, not less than 20, not more than 80
  • promoting a book - the internal currency in the amount = the price of the book in PLN set by the book owner in the App * 20 * 20%, not less than 40, not more than 160
  • increasing a limit of books by one - the internal currency in the amount = 60
  • increasing a limit of filters by one - the internal currency in the amount = 60
  • Bumping an offer in the App consists in updating its date of adding, which results in moving the offer to the beginning of the list of offers. Each raise is treated separately and independently.

    Promoting an offer in the App consists in giving priority to showing it on the list of offers. When the user of the App displays a new list, the first four offers will include promoted offers selected in a pseudo-random and fully automatic manner by the App. The Service Provider is not responsible for what offers will be selected to show or in what order. Promotion of the offer lasts continuously for this period of 7 days from the date of purchase. Promotion of the offer cannot be paused, rescheduled, extended or transferred to another offer. If an offer is archived, the remaining promotion period will be forfeited and cannot be retrieved.

    4. Rules for listing items and messaging

    In the App we allow adding only book offers. Listing any other items is prohibited, especially listing items that do not comply with applicable laws or are prohibited to sell. Moreover, some books may be prohibited in specific countries, so listing them is not allowed in these countries. We reserve the right to redetermine what items can be listed in the App.

    Bookby users may report a listing that appears to not comply with these terms. Items that violate our terms may end up being removed and the account may be a subject of further actions such as deletion. If you bump or promote an offer which violates our terms, and we have to remove it, we will not be able to withhold or refund the purchased bump or promotion.

    You have to upload each book separately. You have to have one listing per item. Your listing cannot refer to external websites that facilitate sales outside the App. It is forbidden to add counterfeit items to the App. Book details (i.a. title, author) and condition should be appropriately assigned and veracious. Using text or an image that was created/published by someone else is not permitted.

    Uploaded images need to show the book as the only item in the picture. It is not allowed to upload photos showing a person or personal features. Images need to represent the book as it is. Images that were edited are not allowed. Images need to be sharp and clear. Uploading photos from the internet, stock or watermarked photos, photos from online shops or ads is prohibited.

    You warrant that you own all rights to the item you list, and you have the right to sell it. You warrant that your offer's content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

    We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Service.

    If you are giving away or selling your book to another user, or you are exchanging a book with another user you should agree to the terms related to such a transaction directly with the other user. You are solely responsible for such transactions. The App serves only to announce the willingness to sell, buy or exchange books, we are not responsible for any transactions made on the basis of listings. We do not provide any payment or shipping options or customer support for any of the transactions.

    You grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide license to use, copy, distribute, display, and disclose to third parties any content you provide to us, including without limitation content of your listings and images of listed items.

    5. Means of communication

    We reserve the right to send content directly related to the App to the email provided by the App user, including information about registration, signing in, newly added books and other content, including advertising, regarding the App and other products and services offered by the Service Provider.

    We reserve the right to send push notifications to devices that were used in the registration process or signing in to the App. The configuration of push notifications can be changed in the device settings or, after signing in, in the App settings.

    6. Usage and service terms

    You are not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the App, and you also should not try to translate the App into other languages, or make derivative versions. The App itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to the Service Provider.

    The Service Provider is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you are paying for.

    The App stores and processes personal data that you have provided to us, in order to provide our Service. It is your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features, and it could mean that the App will not work properly or at all.

    The App does use third party services that declare their own Terms and Conditions.

    The Website does use third party services that declare their own Terms and Conditions.

    You should be aware that there are certain things that the Service Provider will not take responsibility for. Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but the Service Provider cannot take responsibility for the App not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left.

    If you are using the App outside an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you are accepting responsibility for any such charges, including roaming data charges if you use the App outside your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

    Along the same lines, the Service Provider cannot always take responsibility for the way you use the App i.e. You need to make sure that your device stays charged – if it runs out of battery and you can not turn it on to avail the Service, the Service Provider cannot accept responsibility.

    With respect to responsibility of the Service Provider for your use of the App, when you are using the App, it is important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. the Service Provider accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.

    We do not guarantee that the App, or any services or content on it, will always be available and be uninterrupted.

    At some point, we may wish to update the App. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you will need to download the updates if you want to keep using the App. the Service Provider does not promise that it will always update the App so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.

    7. Changes to Terms and Conditions

    We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

    These terms and conditions are effective as of September 17th, 2021.

    Contact Us

    If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at office@bookby.app