Draft — awaiting reviewThis document is not final yet. Its text may change before it is published.
GYOP

⚠️ DRAFT – needs legal review before publication

Generated from a Nova template. This is not legal advice and must not be published until a lawyer has checked it and marked it reviewed.

Missing facts to fill in: 2.

GYOP – Terms of Service

Version 0.1.0-draft · Effective from: ⟦TO FILL: data zatwierdzenia / approval date⟧

These Terms of Service (the "Terms") set out the rules for using GYOP and the terms on which NovaAI provides its services by electronic means. Please read them, together with the Privacy Policy (https://yourownproperty.app/en/privacy), before you start. By creating an account you accept the Terms. If you do not agree with them, do not use the Service.

1. Definitions

Capitalised terms mean:

  1. NovaAI, "we" – NOVA AI VENTURES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Jasna 26, 00-054 Warszawa, Poland, entered in the register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, KRS 0001208266, NIP 5253069869, REGON 543362820, EU VAT PL5253069869, share capital PLN 156,000.00, e-mail: privacy@novaai.ventures.
  2. Service – GYOP, an app where people searching for a property and estate agents collect listings and each person's reactions and reach a shared decision, available in a web browser at https://yourownproperty.app, together with all services we provide through it.
  3. User, "you" – an adult natural person with full legal capacity who uses the Service.
  4. Consumer – a User who concludes the Agreement for purposes not directly related to their business or profession, and a sole trader for whom the Agreement has no professional character (article 22¹ of the Polish Civil Code and article 38a of the Polish Consumer Rights Act).
  5. Account – the set of data and settings of a User that allows them to use the Service.
  6. Agreement – the agreement for the provision of the Service concluded between you and NovaAI on these Terms.
  7. User Content – property listings with links, photos and documents, needs and priorities, reactions, comments, messages to the assistant and transcripts of voice conversations and voice notes and other materials added to the Service by a User (in the Service called "Content").
  8. Search group – a closed group of signed-in Users created in the Service, with roles (Group admin, Member; in an agency: Agency admin, Agent), within which content can be shared.
  9. Plan – the paid scope of the Service you choose before purchase (its features, limits, price and duration are shown before you buy).
  10. Credits – units bought in the Service and used to pay for selected features.
  11. Illegal Content – any information that, in itself or in relation to an activity, is not in compliance with EU law or the law of an EU Member State; DSA – Regulation (EU) 2022/2065 (Digital Services Act).

2. General provisions

  1. These Terms are the terms of service provided by electronic means within the meaning of the Polish Act of 18 July 2002 on the provision of services by electronic means.
  2. The Service may be used only by adults (aged 18 or over) with full legal capacity.
  3. The Service is available in Polish and English.

3. Technical requirements

To use the Service you need:

  1. a current version of a common web browser (Chrome, Safari, Firefox or Edge) with JavaScript and cookies enabled;
  2. an Internet connection (not provided by us);
  3. an e-mail address or an account with a supported sign-in provider.

We take appropriate measures to keep the Service secure. Using any online service carries risks (for example malware on your device); keep your device and the app up to date. We inform you about updates needed to keep the Service in conformity with the Agreement, including security updates.

4. Services

Through the Service we provide in particular:

  1. creating and running an Account;
  2. adding, storing and viewing User Content;
  3. sharing content within a Search group;
  4. AI features that draft a listing from a link, text or screenshot, answer in chat and voice conversation, carry out actions you ask for in the app, summarise the group's reactions as insights and a compromise map, check asking prices and describe a property's area;
  5. push notifications about activity in the Service, if you allow them.

Which features are paid (in Plans or for Credits) and their prices are shown in the Service before you buy; the rules are in section 11.

5. Account

  1. To use the Service you create an Account by giving your e-mail address or signing in through a supported provider, and accepting these Terms. When you sign in through a provider, we receive only the data needed to create or link the Account – never your password for that provider.
  2. The Agreement is concluded when the Account is created, for an indefinite period.
  3. Keep your sign-in details confidential and keep the data in your Account accurate. You can change it in the Service.
  4. You can delete your Account at any time: https://yourownproperty.app/en/delete-account.

6. Rules of use

When using the Service, you must comply with the law, these Terms and good practice. In particular you must not:

  1. disrupt the Service, bypass its security, or access it with automated tools beyond what the law allows;
  2. add content that is unlawful, infringes the rights of others (including image, personal and intellectual-property rights), is pornographic (especially involving minors), incites violence or hatred, or is misleading – including deepfakes or manipulated likenesses of people without their consent;
  3. use the Service to harass others or to violate their privacy;
  4. create Accounts for other people without their permission or use another person's Account.

7. Your content

  1. You keep all rights to your User Content. We claim no ownership.
  2. You grant NovaAI and its subcontractors a non-exclusive, free licence to use User Content only to the extent and for the time needed to provide the Service to you – in particular to store, copy, transmit, process (including with AI features you use) and display it to the people you choose. We do not use User Content for any other purpose, including training AI models.
  3. You declare that you have the rights needed to add your User Content and – if it concerns other people – their consent or another legal basis to record, store and share their image, voice, words and data.
  4. When you delete User Content or your Account, we delete it from our active systems; copies in backups are overwritten in the normal backup cycle, subject to obligations under law (see the Privacy Policy).

8. Sharing

  1. Content you add is private until you decide to share it.
  2. You can share content with chosen members of your Search group. The roles (Group admin, Member; in an agency: Agency admin, Agent) decide who can invite others, manage members and see or change content. You can revoke access at any time.
  3. You are responsible for the lawfulness of what you share and with whom.

9. AI features

  1. The Service uses artificial intelligence models to draft a listing from a link, text or screenshot, answer in chat and voice conversation, carry out actions you ask for in the app, summarise the group's reactions as insights and a compromise map, check asking prices and describe a property's area. The models are provided by the providers listed in the Privacy Policy.
  2. AI results are generated automatically and may contain mistakes, inaccuracies or content that does not fit your situation. Check them before you use them; you decide whether to accept, change or reject them.
  3. AI does not make decisions about you and does not replace consents needed to record or share content.
  4. Content generated with AI is marked as such where the law requires it.
  5. Your data and User Content are not used to train or improve AI models.
  6. This section does not limit your statutory rights if the Service is not in conformity with the Agreement.

10. Reporting illegal content and moderation

  1. We do not generally monitor User Content. We act on Illegal Content or content that breaches these Terms when we receive a sufficiently precise and substantiated notice, become aware of it ourselves, or are required to by law or an authority.
  2. Anyone can notify us of specific Illegal Content through the form in the Service or by e-mail to privacy@novaai.ventures. The notice should contain: (a) an explanation of why the content is illegal; (b) its exact location (for example a link); (c) your name and e-mail address (except for notices concerning offences referred to in Articles 3 to 7 of Directive 2011/93/EU); and (d) a statement that you believe in good faith that the information in the notice is accurate and complete.
  3. We confirm receipt without undue delay, decide in a timely, diligent, non-arbitrary and objective manner, and inform you of the decision and the available means of redress. If we use automated tools in deciding, we say so.
  4. Depending on the seriousness of the breach, we may restrict the visibility of content, remove it, suspend the Service or suspend or close the Account. We act proportionately and with due regard to the rights and legitimate interests of everyone involved. We give the affected User a clear and specific statement of reasons at the latest when the restriction takes effect (Article 17 DSA).
  5. The User and the person who made the notice may contest a decision by e-mail to privacy@novaai.ventures. Complaints are handled free of charge by qualified staff, not solely by automated means, and do not limit other legal remedies.
  6. If we become aware of information giving rise to a suspicion of a criminal offence involving a threat to the life or safety of persons, we inform the competent authorities.

11. Plans and payments

  1. Before you buy, the Service shows you the scope, limits, price (including taxes), duration and renewal terms of what you buy. Prices are in the currency shown at purchase.
  2. By buying you agree to pay the price shown. Receipts and invoices are sent electronically to your e-mail address.

Credits

  1. Credits are used to pay for the features shown in the Service; the number used is shown before you use a feature. They are linked to your Account, cannot be transferred and are not exchangeable for money, except as stated in section 12 and the Withdrawal and Refund Policy.
  2. If a result produced for Credits is defective, you can file a complaint (section 13); if we accept it, we return the Credits used or refund their value.

12. Right of withdrawal

  1. As a Consumer you may withdraw from an Agreement for a paid Plan or purchase within 14 days of concluding it, without giving reasons. The rules, the consequences for digital content and services that start immediately, and the model withdrawal form are set out in the Withdrawal and Refund Policy, which forms Annex 1 to these Terms: https://yourownproperty.app/en/refund.
  2. You can also withdraw using the withdrawal function: ⟦TO FILL: where the withdrawal function is⟧.

13. Complaints

  1. You may file a complaint about the Service in any form, preferably by e-mail to privacy@novaai.ventures. It helps if you give your name, a description of the problem, when it occurred and what you request.
  2. We respond within 14 days of receiving the complaint, by e-mail or in the way you used.
  3. If the Service is not in conformity with the Agreement, you have the rights provided by the Polish Consumer Rights Act (Chapter 5b), in particular to have it brought into conformity, to a price reduction or to terminate the Agreement.
  4. Complaints about moderation decisions are handled under section 10.

14. Liability

  1. We are liable for the Service on the terms of the law. Nothing in these Terms limits liability towards Consumers that cannot be limited under mandatory law.
  2. We are not liable for the actions of Users or of third-party services you use that are not our subcontractors, nor for interruptions caused by your device or Internet connection.
  3. We may briefly interrupt the Service for maintenance, preferably at times of low use, and we inform you in advance about planned interruptions when possible.

15. Licence

  1. When you accept these Terms, we grant you a non-exclusive, non-transferable licence to use the Service in the scope of your Plan, for your own needs, for the duration of the Agreement.
  2. Without our consent you may not copy, modify, distribute, decompile or reverse-engineer the Service, except where mandatory law allows it (in particular articles 75 and 77 of the Polish Copyright Act).
  3. The names, logos and other marks in the Service are protected; the licence gives no right to use them.

16. Term and termination

  1. You may terminate the Agreement at any time by deleting your Account. Paid periods already started are not refunded, except as stated in section 12, the Withdrawal and Refund Policy, or mandatory law.
  2. We may terminate the Agreement with 30 days' notice for important reasons (for example ending the Service), and with immediate effect if you seriously or repeatedly breach these Terms or the law, after first asking you to stop the breach where that is possible. If we terminate during a paid period for reasons not caused by you, we refund the unused part.
  3. Before your Account is deleted you can export your data in the Service.

17. Changes to the Terms and the Service

  1. We may change these Terms for important reasons: changes in the law, decisions of authorities, security, new or changed features, changes to providers we depend on, or editorial corrections. We inform you at least 30 days before a change takes effect (unless the law requires a faster change). If you do not accept the change, you may terminate the Agreement before it takes effect.
  2. We may change the Service (for example update it, add or change features) where this is needed for the reasons in point 1, without extra cost to you. If a change has more than a minor negative impact on your access to or use of the Service, you may terminate the Agreement free of charge within 30 days of the change or of being informed about it, whichever is later, and receive a refund for the unused paid period.

18. Personal data

Personal data is processed in accordance with the Privacy Policy: https://yourownproperty.app/en/privacy.

19. Governing law and disputes

  1. These Terms are governed by Polish law. If you are a Consumer, this does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence.
  2. Disputes with Consumers are resolved by the court competent under the general rules. Disputes with Users who are not Consumers are resolved by the common court competent for NovaAI's registered office.
  3. As a Consumer you may use out-of-court complaint and redress procedures, for example permanent consumer arbitration courts at the Voivodeship Inspectorates of Trade Inspection, or the help of a municipal or district consumer ombudsman. Information is available at polubowne.uokik.gov.pl and uokik.gov.pl.

20. Final provisions and contact points

  1. These Terms are available at https://yourownproperty.app/en/terms in a form that can be saved and printed.
  2. Contact point for Users: privacy@novaai.ventures. Communication is in Polish or English and is handled by people, not only by automated tools.
  3. Single point of contact for authorities of the Member States, the European Commission and the European Board for Digital Services under the DSA: privacy@novaai.ventures (Polish or English).
  4. These Terms are effective from the date shown at the top.