Terms of Service

This is a translation provided for convenience. The Polish version is legally binding. Read the Polish version

§ 1. Service Provider and definitions

1. The Service Provider is Dariusz Stępniak, conducting business activity under the name Upcode, ul. Sporna 9, 95-015 Głowno, NIP (tax ID) 8341813553, REGON (statistical number) 100493608, entered in the Centralna Ewidencja i Informacja o Działalności Gospodarczej (CEIDG, Polish Central Register and Information on Business) (hereinafter: the "Service Provider").
2. Contact: e‑mail [email protected], phone +48 698 685 890, correspondence address as above. The e‑mail address is also the point of contact for users and authorities within the meaning of Articles 11 and 12 of the Digital Services Act (DSA). Contact is possible in Polish and in English.
3. Terms used in these Terms:
   • Service: the TravelPing mobile app and the https://travelping.app website, including the location preview pages;
   • User: a person using the Service, with an account (including a guest account) or without one;
   • Sender: a User who shares their location;
   • Recipient: a person who views a shared location, in the app or in a browser;
   • Share: a location sharing session, accessible via a unique link or QR code;
   • Group: a shared map on which members can see each other's positions;
   • Consumer: a natural person using the Service for a purpose not directly related to their business or professional activity; the provisions concerning Consumers also apply to a natural person conducting business activity where the contract is not of a professional nature for them (art. 385⁵ of the Kodeks cywilny (Polish Civil Code)).

§ 2. Scope of the Service

1. The Service makes it possible, in particular, to:
   • share your own location live via a link or QR code, with a time window, recurring hours, update frequency, trip destination and status;
   • pause, resume, edit and delete Shares;
   • create and join Groups;
   • view a location in a browser without installing the app and without an account;
   • save friends' Shares, chat, and have Recipients send messages and questions;
   • receive push notifications, e.g. about sharing starting, reaching the destination and new messages.
2. The Service is free of charge. If paid features are introduced in the future, you will learn their scope and price before purchase, and the current free features will not become paid without your consent.
3. The Service is not an emergency system or a surveillance tool. It does not replace the emergency number 112.

§ 3. Technical requirements

1. App: a device running iOS 15.1 or later or Android 7.0 or later, with a location module (GPS) and internet access. Sharing in the background requires permission to access location "always".
2. Preview pages: an up‑to‑date web browser with JavaScript enabled.
3. Location accuracy depends on the device, its power‑saving settings, network coverage and GPS signal.
4. Using the internet may involve charges from your operator. The Service Provider does not charge them.

§ 4. Conclusion and termination of the contract

1. The contract for the provision of the Service is concluded for an indefinite period upon the first launch of the app (guest account) or upon creating an account with an e‑mail address. A Recipient viewing a location in a browser uses the Service without concluding a separate contract, for as long as the page is displayed.
2. You may terminate the contract at any time, without giving a reason and at no cost: delete your account in the app (Profile → "Delete account and data") or write to [email protected]. We delete the account and related data in accordance with the data deletion instructions.
3. The Service Provider may terminate the contract with 14 days' notice, sent in the app or by e‑mail, for important reasons: discontinuation of the Service or changes in the law that make its provision impossible.
4. In the event of a gross breach of the Terms, in particular tracking another person without their consent, the Service Provider may immediately block the account or the Share. It will provide a statement of reasons in accordance with § 6(5).
5. Guest accounts that have not been used for 12 months may be deleted.

§ 5. Rules of use

1. Share only your own location, from the device you use.
2. In particular, the following is prohibited:
   • installing the app on someone else's device or sharing another person's location without their knowledge and explicit consent, as well as harassment and persistent stalking (art. 190a of the Kodeks karny (Polish Criminal Code; stalking));
   • providing unlawful content, including offensive or harassing content, or content infringing personal rights or copyright (e.g. in names, statuses, profile photos and messages);
   • sending spam, creating accounts automatically, circumventing limits and safeguards, attempting to gain access to other people's data and disrupting the operation of the Service;
   • using the Service for large‑scale commercial purposes (e.g. vehicle fleet monitoring) without agreement with the Service Provider.
3. A parent or guardian may share a child's location only in accordance with the law, with the child's knowledge and with respect for the child's privacy. The Service is intended for people aged 16 or over; younger people may use it with the consent of a guardian.
4. You are responsible for whom you give the link or QR code to. Anyone who has it can see your position while the Share is active. If a link has reached an unauthorised person, delete it and then create a new one.
5. Keep your login details confidential. A guest account is tied to the device: if you lose the device without having added an e‑mail address, you may lose access to the account.

§ 6. User content and reporting abuse

1. The content you add (names, statuses, photos, messages) remains yours. You grant the Service Provider a non‑exclusive, royalty‑free licence to store it and display it to the Recipients you choose, to the extent necessary to provide the Service and for the duration of its provision.
2. The Service Provider does not monitor content on an ongoing basis and is not obliged to do so. It acts on reports.
3. Send a report of unlawful content or abuse (e.g. tracking without consent) to [email protected]. Include: the link or code of the Share or Group, a description and an explanation of why the content or activity is unlawful, and your name and e‑mail (not required for reports of offences against children). We will confirm receipt of the report and handle it promptly, diligently and objectively.
4. If a report is justified, the Service Provider may remove the content, disable the Share or Group, or suspend or delete the account. Where there is a threat to life or safety, it informs the competent authorities.
5. We inform the reporting person, and also the person concerned, of the decision taken, together with a statement of reasons. The exception is situations in which the law does not allow this. You may appeal against a decision by writing to the address above within 6 months. Appeals are handled by a human, not an automated system.
6. Viewer comments on moments reported by at least 3 different people are automatically hidden from public view until the moment's author, the owner of the Share or Group, or the Provider decides (the Provider may restore or delete the comment). Apart from that, we do not use automated decision‑making for moderation: we use only technical rate limits and reject comments containing links to protect against spam. You can appeal against a comment being hidden as described above.

§ 7. Operation and availability

1. We make every effort to keep the Service running without interruption. However, interruptions may occur, e.g. for maintenance or due to failures of providers (networks, maps, push notifications). We try to announce planned longer interruptions.
2. The phone's operating system may restrict background operation (e.g. power‑saving mode), which delays or stops the sending of positions. The app shows when the position was last sent.
3. The Service Provider may develop and change the features of the Service, including through app updates. Such changes may not degrade the essential features of the Service for a Consumer without preserving the Consumer's rights under § 9.

§ 8. Complaints

1. Submit a complaint, e.g. when the Service does not work in accordance with the Terms, by e‑mail to [email protected] or by post to the Service Provider's address.
2. Describe the problem, state the date it occurred, your phone model and app version (if applicable) and an e‑mail address for the reply. This information will make it easier to handle the complaint, but it is not a condition for accepting it.
3. We will reply within 14 days of receiving the complaint, by e‑mail or in the form in which it was submitted.

§ 9. Consumer rights

1. The Service Provider is liable to the Consumer for the conformity of the Service with the contract under Chapter 5b of the ustawa o prawach konsumenta (Polish Consumer Rights Act). If the Service does not conform to the contract, you may demand that it be brought into conformity. If this is impossible or does not happen within a reasonable time, you may withdraw from the contract.
2. A Consumer may withdraw from the contract within 14 days of its conclusion without giving a reason. The contract is free of charge and you may terminate it at any time (§ 4(2)), so in practice it is enough to delete your account or send a statement by e‑mail.
3. You may use out‑of‑court dispute resolution methods, including the assistance of a district (municipal) rzecznik konsumentów (consumer ombudsman), mediation or the permanent consumer arbitration court at the Wojewódzki Inspektorat Inspekcji Handlowej w Łodzi (Regional Inspectorate of Trade Inspection in Łódź). You will find information at prawakonsumenta.uokik.gov.pl. The Service Provider's participation in such proceedings is voluntary.
4. The provisions of the Terms do not exclude or limit the Consumer's rights under mandatory provisions of law.

§ 10. Liability

1. The Service is free of charge and is provided "as is" and "as available". The Service Provider does not guarantee uninterrupted or error‑free operation of the Service, the accuracy, timeliness or completeness of location data, the delivery of notifications, or the fitness of the Service for a particular purpose.
2. To the fullest extent permitted by law, the Service Provider is not liable for:
   • damage resulting from inaccuracy, delay, lack of updates or unavailability of positions, notifications or the Service;
   • decisions and actions taken by Users or third parties on the basis of information from the Service (e.g. the place or time of a meeting, travel, searching for a person);
   • the consequences of giving the link or QR code to unauthorised persons;
   • content added by Users and their actions, provided that, after being notified of their unlawfulness, the Service Provider promptly disables access to them;
   • lost profits, loss of data and indirect damage;
   • interruptions and errors caused by force majeure, failures of providers (networks, maps, push notifications, hosting) or limitations of the device's operating system.
3. The Service is not an emergency system or a tool for ensuring the safety of persons. In a situation threatening life, health or property, call the emergency number 112.
4. The Service Provider may at any time change, suspend or discontinue the provision of the Service in whole or in part. It will give at least 14 days' notice of a planned discontinuation of the Service (§ 4(3)).
5. Towards Users who are not Consumers (excluding the persons referred to in § 1(3)), the Service Provider's liability is excluded, except for damage caused intentionally.
6. Towards Consumers, the above limitations apply within the limits permitted by mandatory provisions of law. They do not exclude liability for damage caused intentionally or through gross negligence, nor the Consumer's rights in respect of the lack of conformity of a digital service with the contract under the ustawa o prawach konsumenta (Polish Consumer Rights Act).

§ 11. Personal data

The rules for processing personal data, including location, retention periods and your rights, are described in the Privacy Policy. Deleting your account and data: Data deletion.

§ 12. Changes to the Terms and final provisions

1. The Service Provider may change the Terms for important reasons: changes in the law, decisions of authorities, changes to the features of the Service or the need to ensure security. We inform you of changes in the app or by e‑mail at least 14 days before they take effect. If you do not accept the changes, you may terminate the contract before that date (§ 4(2)).
2. The Terms are available free of charge at https://travelping.app/en/terms/ in a form that allows them to be downloaded, saved and printed.
3. The governing law is Polish law. This choice of law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
4. Disputes with Consumers are resolved by the courts having jurisdiction under general rules. Disputes with businesses are resolved by the court having jurisdiction over the Service Provider's registered place of business.
5. Use of the app downloaded from the App Store or Google Play is also subject to the terms of those stores. Apple Inc. and Google LLC are not parties to this contract and are not responsible for the Service.
6. This English version is a translation provided for information only. The legally binding version is the Polish version of the Terms (Regulamin), which prevails in the event of any discrepancy.