Terms and Conditions

1. General provisions

These terms and conditions (the "Terms") set out the rules for the electronic provision of the Minly service, a cloud platform for waitlist management, enrolment and administration of kindergartens and nurseries (the "Service"), to childcare providers (the "Institution" or "Client"). Creating an Institution account constitutes conclusion of the agreement for the Service and acceptance of the Terms. The Service is intended for entities operating institutions in connection with their business, professional or statutory activity; §14 additionally applies to a Client that is an entrepreneur with consumer rights.

The service provider (the "Operator" or "Minly") is Adrian Dudek, conducting sole proprietorship business under the name "Weblix Adrian Dudek", ul. Pęckowskiego 2 lok. 2, 32-500 Chrzanów, Poland, NIP (Tax ID) 6282213418, REGON 384695065 (entry in the CEIDG register). Contact: e-mail kontakt@minly.pl, phone +48 791 748 958. Correspondence and complaints address: ul. Pęckowskiego 2 lok. 2, 32-500 Chrzanów.

Using the Service requires: a device with Internet access, a current web browser (e.g. Chrome, Firefox, Safari, Edge) with JavaScript and cookies enabled, and an active e-mail address. The Client and its users may not supply unlawful content or use the Service in a way that disrupts its operation or infringes the rights of third parties.

The Operator may amend the Terms for valid reasons (e.g. a change in law, in the scope of the Service or in pricing). The Client will be notified of a change by e-mail or in the Service panel at least 30 days before it takes effect. A Client who does not accept the change may, until the day it takes effect, terminate the agreement effective on that day; in such a case the fee for the unused period is refunded proportionally. Each version of the Terms is marked with its effective date.

2. Purpose of the service

Minly offers a cloud platform that helps kindergartens and nurseries with:

• Waitlist management and automation
• Parent communication via portal and messages
• Calendar and activity planning
• Staff management and group overview
• Daily operational functions

3. Account creation

3.1 Institution account

To create an Institution account, you must be authorised to act on behalf of the Institution. You warrant that the information provided at registration is accurate and up to date.

3.2 Users

The Institution may create user accounts for staff and invite parents to use the parent portal. The Institution is responsible for managing these accounts and ensuring that users comply with the Terms.

3.3 Security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. If you suspect unauthorised access, contact us immediately.

4. Subscription and payment

4.1 Trial period

New Clients receive a free 3-month trial period. No payment card is required. Before the trial ends, we will remind you by e-mail about the upcoming switch to a paid plan together with the applicable price. After the trial the subscription moves to the selected paid plan, unless you cancel before the trial ends; cancelling during the trial is free and involves no charges.

4.2 Payment

The subscription fee is invoiced in advance for a yearly billing period, at the prices in force on the day the period begins. Prices are stated in Polish zloty; VAT at the applicable rate is added to net prices. Invoices are issued and made available electronically, to which the Client consents. The payment term is 14 days from the invoice date. In the event of late payment the Operator may, after an unsuccessful demand for payment with an additional period of at least 7 days, suspend access to the Service until the arrears are settled; suspension does not delete the Client data.

4.3 Price changes

We may change our prices with 60 days notice. You will be informed of price changes by e-mail. In the event of a price increase you have the right to cancel the subscription effective from the date the change takes effect.

5. Termination

5.1 Your termination

You may cancel the subscription at any time, without giving a reason. Cancellation takes effect at the end of the current paid billing period; the Service remains active until then. The fee for the period already started is non-refundable, except for cancellation due to a price increase (§4.3) or a change to the Terms (§1), in which case we refund the proportional part of the fee for the unused period, and except where mandatory law provides otherwise.

5.2 Our termination

The Operator may terminate the agreement with 30 days notice for valid reasons (e.g. discontinuation of the Service). In such a case the Client is entitled to a proportional refund of the fee for the unused period. In the event of a gross breach of the Terms or of the law, the Operator may, after a prior request to cease the breach where feasible, suspend or terminate access with immediate effect.

5.3 After termination

Upon termination, your data will be deleted no later than 30 days after the subscription ends, unless you request an export beforehand. We offer data export in common formats. Deletion of entrusted data follows the rules set out in the data processing agreement (§13).

6. Use of the service

6.1 Permitted use

You may use the Service for lawful purposes related to operating your kindergarten or nursery. You are responsible for the content that you and your users upload to the Service.

6.2 Prohibited use

You may not:

• Use the Service for unlawful purposes
• Upload malicious code or attempt to compromise system security
• Share your login credentials with others
• Resell or distribute the Service to third parties
• Copy, modify, or reverse-engineer the Service
• Overload the system through misuse or automated queries

7. Data and ownership

7.1 Your data

You retain ownership of all data you upload to the Service. We acquire no ownership rights to your data. You grant us a limited licence to process your data solely to provide the Service.

7.2 Our platform

Minly owns all rights to the Service, including software, design, trademarks and documentation. Nothing in the Terms grants you rights to our intellectual property beyond the right to use the Service in accordance with the Terms.

8. Service level and support

8.1 Availability

We aim for 99.9% availability. Planned maintenance is performed outside normal working hours where possible and with prior notice. We are not responsible for downtime caused by circumstances beyond our control.

8.2 Support

We offer support in Polish by e-mail during normal working hours (weekdays 9 to 16). We aim to respond to enquiries within 24 hours on business days.

8.3 Backups

We take daily backups of all data. In the event of data loss we can restore data from backup. We nonetheless recommend that you also keep important data yourself.

9. Limitation of liability

The Operator undertakes to provide the Service with due care. The availability and support parameters in §8 are the Operator operational target; §8 and §9 together define the scope of the Operator obligations as to the quality of the Service.

The Operator total liability to the Client for non-performance or improper performance of the agreement is limited to actual damage and, in aggregate, to the amount of subscription fees paid by the Client in the 12 months preceding the event causing the damage.

The Operator is not liable for lost profits or for indirect and consequential damage, including loss of data to the extent it can be restored from backup.

The above limitations do not apply to damage caused intentionally or through gross negligence, nor in other cases where mandatory law excludes the limitation of liability. In relation to a Client that is an entrepreneur with consumer rights, the limitations apply only to the extent permitted by the provisions on prohibited contractual clauses.

10. Confidentiality

Both parties undertake to keep confidential the confidential information received from the other party. This includes, among others, technical information, business information and personal data.

11. Force majeure

Neither party is liable for delays or failure to perform obligations due to circumstances beyond its reasonable control, including natural disasters, war, terrorism, strikes, acts of authorities or failures of public infrastructure.

12. Complaints

Complaints regarding the operation of the Service or billing (e.g. unavailability of the platform, malfunction of a feature, incorrect charging of a fee) may be submitted by e-mail to kontakt@minly.pl or in writing to the Operator address in §1. A complaint should include the Client details, a description of the problem and the date it occurred and, where relevant, the invoice number.

The Operator examines a complaint within 14 days of receipt and informs the Client of the outcome by e-mail. If additional information is needed to examine the complaint, the Operator will request it and the time limit runs from the date it is provided.

A complaint does not cover circumstances beyond the Operator control, in particular force majeure, failures on the part of external suppliers, announced technical breaks, and malfunction of the Client devices or Internet connection.

13. Personal data protection and processing entrustment

With respect to the personal data of children, parents and guardians and of staff, entered into the Service by the Institution or at its invitation, the data controller is the Institution and the Operator acts as a processor within the meaning of Article 28 GDPR, solely on the documented instructions of the Institution and for the purpose of providing the Service.

The terms of entrustment are set out in the Data Processing Agreement, whose content is available on the Data Security (GDPR) page and on request at kontakt@minly.pl. The data processing agreement is deemed concluded with the Institution no later than when the first entrusted data are entered into the Service.

With respect to Institution account data, billing data and data of users of the minly.pl website, the Operator is the controller; the rules of processing are set out in the Privacy Policy.

14. Right of withdrawal, entrepreneur with consumer rights

A Client who is a natural person conducting business activity and concludes an agreement directly related to that activity but not of a professional character for that person (an entrepreneur with consumer rights) has the right to withdraw from the paid subscription agreement within 14 days of its conclusion, without giving a reason. The statement may be submitted by e-mail to kontakt@minly.pl or in writing to the Operator address; the statutory model withdrawal form may be used but is not mandatory. The Operator does not make conclusion of the agreement conditional on submitting a statement about the character of the agreement.

If, at the Client request, provision of the Service began before the withdrawal period expired, a Client who withdraws will pay for the services performed up to the moment of withdrawal, in proportion to the price; we will refund the remaining part of the fee within 14 days of receiving the statement. The free trial period involves no costs, and cancelling during the trial does not require withdrawal.

15. Governing law and jurisdiction

The Terms and the agreement for the Service are governed by Polish law. Disputes that cannot be resolved amicably are settled by the common court having local jurisdiction over the Operator. The provision on the court having jurisdiction does not apply to a Client that is an entrepreneur with consumer rights; in such a case jurisdiction is determined under the general rules.

16. Contact

If you have questions about the Terms, please contact us:

Weblix Adrian Dudek, ul. Pęckowskiego 2 lok. 2, 32-500 Chrzanów, Poland, NIP 6282213418. E-mail: kontakt@minly.pl, phone +48 791 748 958.