Terms of Service for the GeoScan platform

2. Definitions

2.1. The terms listed below, used in these Terms and capitalised, have the meanings set out in this section:

• 2.1.1. Report – a digital compilation of information about a Property, generated automatically on the basis of data from public and industry registers. The Report is available in three variants:
  • Start Report (free of charge) – containing basic data on the property's location;
  • Standard Report (paid) – containing extended data on the property's location;
  • Pro Report (paid) – containing the full data on the property and its location available on the GeoScan platform.
• 2.1.2. Property – an object (a cadastral parcel, building, or premises) to which the User's query relates, identified on the basis of the Address or parcel number.
• 2.1.3. Commercial User – a natural person, legal person, or organisational unit that uses the Services for purposes related to business, trade, craft, or profession (not for consumer purposes).
• 2.1.4. User – a person who has ordered a Report or otherwise uses geoscan-app.com in any form, including a Consumer User and a Commercial User.
• 2.1.5. Account – an individual User panel in the Service, set up in order to use part of the Services (e.g. access to Report history, the ability to compare the contents of reports prepared for different properties).
• 2.1.6. Services – services provided to the User (for a fee or free of charge) offered by GeoScan, including the generation and provision of Reports on Properties.
• 2.1.7. Property Identifier – input data provided by the User (an administrative address or a cadastral parcel number), used to unambiguously identify the Property in the system.

3. Account and acceptance of the Terms

• 3.1. In order to use certain features of the Service (e.g. the history of generated Reports, access to paid Reports), the User may be required to create an account (the „Account”). An Account can be created by:
  • 3.1.1. entering an e-mail address and setting a password;
  • 3.1.2. automatic registration during the purchase process for a Standard or Pro Report;
  • 3.1.3. using third-party accounts (e.g. Google, Facebook/Meta), giving GeoScan access to the necessary data from those accounts.
• 3.2. The agreement between GeoScan and the User is deemed concluded at the moment the User (by registering or by generating a Report without registration) confirms that they have read and accept these Terms and – in the case of paid services – confirms the order by clicking the relevant button that starts the purchase process for the paid service.
• 3.3. Additional terms of cooperation (e.g. B2B agreements) may apply to Commercial Users. In such a case, these Terms apply to the extent not separately regulated.
• 3.4. The User is responsible for the confidentiality of their Account login credentials. The User is obliged to promptly inform GeoScan of any unauthorised access to their Account.
• 3.5. The User may delete their Account at any time by submitting a request to the Service Provider's e-mail address or by using the function in the Account settings panel.

4. Rules for generating Reports

• 4.1. Users can generate free Reports (Start) and purchase paid Reports (Standard, Pro).
• 4.2. The prices of paid Reports are dynamic or fixed prices, visible each time in the order summary before payment is made. Prices are expressed in Polish zloty and include VAT.
• 4.3. The Report is generated in real time after the Property Identifier is entered and – in the case of paid versions – after the payment has been credited.
• 4.5. The Report becomes available for download or viewing on the User's Account immediately after generation. The User also receives an e-mail notification with access to the report.

5. Nature of the data and disclaimers of liability

• 5.1. The property information contained in the Reports is the result of processing data from external sources and GeoScan's own analyses.
• 5.2. GeoScan processes the data it obtains and, on that basis, creates its own analytical and statistical studies; however, it is not itself directly involved in the original creation of cadastral or surveying data.
• 5.3. GeoScan applies professional technical and analytical measures to ensure the reliability of the data presented.
• 5.4. However, due to its dependence on external data providers, the information in the Report may, in certain cases, not fully reflect the actual state of affairs, in particular to the extent that the source registers contain errors or outdated entries.
• 5.5. Reports are an auxiliary analytical and informational tool.
• 5.6. A GeoScan Report is not an official document or a valuation report (operat szacunkowy) within the meaning of applicable law, nor does it replace professional legal or technical advice.
• 5.7. The final decision to buy, sell, or rent a property is made by the User at their own risk.
• 5.8. GeoScan recommends verifying key data contained in the Report with industry specialists or the relevant public authorities before finalising a transaction.
• 5.9. The User is prohibited from reselling the Report or using it to create competing commercial products without GeoScan's written consent.
• 5.10. The Report is intended for the User's own use or for the internal needs of their business.

6. User obligations

6.1. The User undertakes:

• 6.1.1. not to use automated devices, programs, algorithms, or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, or monitor any part of geoscan-app.com or any content, and not in any way to reconstruct or circumvent the navigational structure of geoscan-app.com or the presentation of the Service in order to obtain or attempt to obtain any materials or information that have not been expressly made available to the User by GeoScan;
• 6.1.2. not to attempt to gain unauthorised access to any part or function of geoscan-app.com, or the systems or networks associated with the Service, through unauthorised IT actions, password mining, or the use of other unlawful means;
• 6.1.3. not to take any action that could cause an unreasonable or disproportionate load on the infrastructure of geoscan-app.com, or the systems or networks associated with the Service;
• 6.1.4. not to use any device, software, or engage in any other activity that could interfere with, or attempt to interfere with, the proper functioning of geoscan-app.com or any activities carried out by geoscan-app.com, or the use of the Service by other persons;
• 6.1.5. not to use geoscan-app.com or any content contained on it for purposes contrary to law or these Terms, or to encourage any unlawful activity or other activity infringing the rights of GeoScan or other persons;
• 6.1.6. not to attempt to generate a Report using false or incomplete data identifying the property, and not to use the Service for purposes unrelated to genuine verification of the legal or factual status of the property;
• 6.1.7. not to use geoscan-app.com or Reports for commercial gain, including not to resell, distribute, or offer them to third parties without GeoScan's written consent;
• 6.1.8. when using geoscan-app.com, the Services, or making payments for them, to comply with these Terms and the requirements of applicable law.

7. Payments and invoices

• 7.1. Payments for Reports (Standard/Pro) are processed through external payment operators (e.g. PayU, Przelewy24, BLIK, payment cards).
• 7.2. A VAT invoice for purchased Services is generated automatically and sent electronically to the User's e-mail address, to which the User consents.
• 7.3. GeoScan may offer discount codes as part of promotional campaigns. The rules for their use are specified each time a code is issued.

8. Right of withdrawal and refund conditions

• 8.1. Applicable to Users who are Consumers: Pursuant to Article 38(13) of the Polish Consumer Rights Act, the right to withdraw from a distance contract (the 14-day return) does not apply to contracts for the supply of digital content not delivered on a tangible medium, if performance began with the Consumer's express consent before the expiry of the withdrawal period and after the Consumer had been informed by the trader of the loss of the right of withdrawal.
• 8.2. By purchasing a Report (clicking „Order and pay” or an equivalent button) and downloading it or gaining access to it, the User consents to the immediate performance of the service and acknowledges the loss of the right to withdraw from the agreement.
• 8.3. GeoScan Money-Back Guarantee: Regardless of sections 8.1 and 8.2, GeoScan grants Users a voluntary right to make a complaint about a paid Report. The User may request a 100% refund or the allocation of free credit toward the next Report if the generated Report:
  1. was not generated, or contained errors, for technical reasons attributable to GeoScan;
  2. contained significant gaps in public national registers (so-called blind spots);
  3. did not provide the User with the expected analytical value.

  A refund request, together with an indication of the reason, should be sent within 14 days of the date of purchase to the e-mail address: contact@geoscan-app.com.

• 8.4. Correct analytical result: The primary purpose of the Report is to verify the actual state of affairs. The User acknowledges that the correct reading of the registers and display of the objective absence of a phenomenon (e.g. no adopted local zoning plan (MPZP), no flood risk, no nuisance facilities) constitutes reliable information about the Property, and not a defect in the Report entitling the User to a refund under the Guarantee.

9. Protection of personal data

• 9.1. The data controller for Users' personal data is GeoScan. The rules for processing data are set out in the Privacy Policy available on the Service.
• 9.2. In the case of Commercial Users, GeoScan and the User act as independent data controllers to the extent necessary to perform the Service.

10. Amendments to the Terms and availability of the Services

• 10.1. GeoScan reserves the right to amend the Terms for important reasons (e.g. changes in the law, changes to the service delivery model, technological development).
• 10.2. Users who hold an Account will be notified of material changes to the Terms by e-mail or by a notice on the Service at least 7 days in advance. Changes do not affect acquired rights (Reports purchased before the change).
• 10.3. GeoScan has the right to temporary technical interruptions in the operation of the Service necessary for system maintenance. GeoScan is not liable for interruptions in access to external data (e.g. failure of the government EGiB — Register of Land and Buildings — system), which are beyond the Service Provider's control.
• 10.4. In the event of a breach of the Terms by the User (e.g. attempts to scrape data, resale of Reports), GeoScan has the right to block the User's access to the Service with immediate effect.

11. Liability

• 11.1. GeoScan's liability towards the User is determined in accordance with applicable Polish law.
• 11.2. GeoScan is liable for the proper provision of Reports, provided that they meet the conditions set out in the Terms.
• 11.3. GeoScan is not liable for substantive errors in data originating from external sources (public or private).
• 11.4. GeoScan is not liable for transactional decisions made by the User on the basis of the Report.
• 11.5. In relations with Commercial Users (B2B), GeoScan's liability under statutory warranty is excluded.

12. Intellectual property rights

• 12.1. The Service, its code, visual design, databases, valuation algorithms, and Report templates are the property of GeoScan and are protected by law.
• 12.2. The User acquires a licence to use the Report exclusively for their own purposes (assessing a property before purchase/rental) or for the internal purposes of their organisation.

13. Complaints and dispute resolution

• 13.1. Complaints regarding the Services should be submitted by e-mail to: contact@geoscan-app.com.
• 13.2. A complaint should contain the order number and a description of the problem. GeoScan will process the complaint within 14 days.
• 13.3. All disputes will be resolved by Polish courts. The court competent for disputes with Commercial Users is the court having jurisdiction over the Service Provider's registered office (Lublin). Consumers have the right to use out-of-court dispute resolution methods (e.g. the EU ODR platform).

14. Final provisions

• 14.1. In matters not regulated by these Terms, the provisions of Polish law apply, in particular the Civil Code and the Consumer Rights Act.
• 14.2. If any provision of the Terms is found to be invalid by a final court judgment, the remaining provisions shall remain in force.