Regulamin (klient)

1. These terms of service (hereinafter: the “Terms of Service”) set out the rules and conditions for the use of the “JOLO” application operating at the website “jolo.delivery” and of other services provided by the Service Provider.

2. The App is an intermediary platform that enables Customers to order goods carriage services and Drivers to accept and perform such orders through the App.

3. The Terms of Service constitute the terms of service referred to in Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (hereinafter: the “Act on the Provision of Services by Electronic Means”).

4. The service provider is JOLO sp. z o.o., with its registered office in Warsaw at ul. Tadeusza Czackiego 15/17, 00-043 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0001237122, REGON: 544609790, NIP: 5253087910, share capital: PLN 50,000 (hereinafter: the “Service Provider”).

5. The Service Provider may be contacted by means of:

1) e-mail – at: admin@jolo.delivery;

2) regular mail – at: ul. Tadeusza Czackiego 15/17, 00-043 Warsaw;

3) telephone – at: +48 692 013 001, Monday to Friday between 9:00 a.m. and 6:00 p.m.

6. In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: the “DSA”), the Service Provider has designated a contact point for direct communication with the authorities of the EU Member States, the European Commission, the European Board for Digital Services and Users of the App in matters covered by the DSA. The contact point is available at: admin@jolo.delivery.

7. The information about the services provided by the Service Provider that is available in the App, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964 – the Civil Code (hereinafter: the “Civil Code”).

8. Before starting to use the App, the Customer is obliged to read the Terms of Service and the Privacy Policy.

9. These Terms of Service apply to Customers using the App in order to order the carriage of goods. The rules for the use of the App by Drivers are set out in the separate Driver Terms of Service, available at: https://jolo.delivery/regulamin-kierowcy.

10. The Service covers exclusively domestic carriage performed by vehicles with a maximum permissible gross weight not exceeding 3.5 t, within the area indicated in the Price List (hereinafter: the “Service Area”). The Service Area is determined by the App. The App does not accept addresses located outside the Service Area, subject to § 7, para. 6 of the Terms of Service.

§ 2.

Definitions

Capitalized terms used in the Terms of Service have the following meanings:

1) App - an intermediary platform that enables Customers to order goods carriage services and Drivers to accept and perform such orders through the App; Customers use the App in its browser version;

2) Price List – the document available at https://jolo.delivery/cennik setting out the amount of the fees related to the use of the App, which does not form an integral part of the Terms of Service and is subject to amendment under a procedure separate from the amendment of the Terms of Service;

3) Finalization – confirmation of the performance of a Transport Order, made in accordance with § 7, para. 13 of the Terms of Service; upon Finalization, the distribution of funds referred to in § 8, para. 6 of the Terms of Service takes place;

4) Driver – a User that is an entrepreneur within the meaning of Article 4 of the Act of 6 March 2018 – the Entrepreneurs’ Law and that, following the successful completion of Verification, accepts and performs Transport Orders in person or through Carriers;

5) Civil Code - the term defined in § 1, para. 7 of the Terms of Service;

6) Consumer - a natural person performing a legal act with the Service Provider that is not directly related to that person’s business or professional activity;

7) Account - a panel created in the App’s IT system that enables the Customer to use the App’s functionalities;

8) List of Prohibited Shipments – the list of items excluded from carriage within the App, available at https://jolo.delivery/lista-przesylek-zabronionych, constituting Annex 1 to the Terms of Service;

9) Invoicing Module – a functionality of the App that enables invoices documenting the performance of Transport Orders to be issued automatically in the name and on behalf of the Driver and to be sent to the National e-Invoicing System, on the terms set out in § 10 of the Driver Terms of Service;

10) Non-conformity – the non-conformity of the App Service with the Agreement for the Provision of the App Service (the criteria for assessing the conformity of the Service with the agreement for its provision are set out in Article 43k(1)-(2) of the Consumer Rights Act);

11) Review – a Customer’s review of the App Service or of a transaction concluded with a Driver, comprising a description of the Customer’s experience relating to the use of the aforementioned services;

12) Carrier – a natural person driving the Vehicle in the performance of a Transport Order: the Driver in person, where the Driver is a natural person, or a person that the Driver uses in the performance of a Transport Order and for whom the Driver is liable as for its own acts;

13) Vehicle – a vehicle reported by the Driver in the course of Verification and used to perform Transport Orders;

14) Privacy Policy - the document containing information on the processing of Users’ personal data by the Service Provider;

15) Commission – the remuneration due to the Service Provider for making the App and its functionalities available, calculated as a percentage of the value of the Transport Order, in the amount set out in the Price List, included in the price of the Transport Order;

16) Shipment – the goods that are the subject of a Transport Order, together with their description (dimensions, weight, nature) provided by the Customer in the App;

17) Terms of Service - the term defined in § 1, para. 1 of the Terms of Service;

18) Driver Terms of Service – the terms of service of the JOLO app for Drivers, referred to in § 1, para. 9 of the Terms of Service;

19) Cancellation Fee – the amount due to the Driver in the cases set out in § 9 of the Terms of Service, in the amount indicated in the Price List, covered from the funds paid by the Customer;

20) Stripe – the payment system operated by Stripe Payments Europe, Ltd., through which Transport Orders are settled;

21) Tariff – a category of Vehicle distinguished by the volume of its cargo space, set out in the Price List, selected by the Customer when placing a Transport Order;

22) User Content – all data (including personal data), electronic files, information and materials saved by the Customer in the Account, including, for example, descriptions of Shipments;

23) Agreement for the Provision of the App Service – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to provide the App Service to the Customer free of charge; the creation of an Account is a condition for the conclusion of the Agreement for the Provision of the App Service;

24) App Service, Service – a digital service within the meaning of the Consumer Rights Act, consisting in the Service Provider enabling the Customer to use the App’s functionalities;

25) Service Provider – the term defined in § 1, para. 4 of the Terms of Service;

26) Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights;

27) Act on the Provision of Services by Electronic Means - the term defined in § 1, para. 3 of the Terms of Service;

28) User – a Customer or a Driver;

29) Verification – the procedure for checking the Driver, the Vehicle and the documents, carried out by the Service Provider on the terms set out in the Driver Terms of Service;

30) Customer – a User using the App in order to place a Transport Order and order the carriage of a Shipment, as an end User;

31) Express Order – a Transport Order performed immediately after its conclusion, accepted by Drivers on a first-come, first-served basis, concluded at the price proposed by the App or at the price resulting from the Driver’s offer accepted by the Customer;

32) Scheduled Order – a Transport Order performed at a specified time or within a specified time slot, in respect of which the Customer selects from among the offers submitted by Drivers within 24 (twenty-four) hours of its posting;

33) Transport Order – a contract of carriage within the meaning of Article 774 of the Civil Code and of the Act of 15 November 1984 – the Transport Law, concluded through the App between the Customer and the Driver, on the terms set out in the Terms of Service and the information indicated in the course of its conclusion in the App.

§ 3.

Technical requirements

1. In order for the User to properly use the services provided by the Service Provider through the App, the following are necessary:

1) a connection to the Internet;

2) devices that allow the resources of the Internet to be used;

3) an up-to-date and correctly configured web browser; the use of the Google Chrome browser is recommended;

4) the use of a web browser that enables hypertext documents linked on the Internet through the WWW network service to be displayed on the device screen and that supports the JavaScript programming language and accepts cookies;

5) an active e-mail account.

2. Within the App, Users are prohibited from using viruses, bots, worms or other computer code, files or programs (in particular scripts and applications that automate processes, or other code, files or tools).

3. The Service Provider informs Users that it uses cryptographic protection of electronic transfers and digital content by applying appropriate logical, organizational and technical measures, in particular in order to prevent third parties from accessing data, including through SSL encryption and the use of access passwords and of antivirus or anti-malware programs.

4. The Service Provider informs Users that, despite the safeguards referred to in para. 3 above, the use of the Internet and of services provided by electronic means may be exposed to the risk of malicious software reaching the User’s IT system and device, or of third parties gaining access to the data stored on that device. In order to minimize that risk, the Service Provider recommends the use of antivirus programs or of measures protecting identification on the Internet.

§ 4.

General rules for the use of the Services

1. The use of the App is free of charge. The Service Provider reserves the right, however, to introduce additional optional functions or services in the future, which may be available for a fee. The Service Provider will inform Users, with appropriate advance notice, of any change involving the introduction of paid functions. In respect of Transport Orders concluded by Users, the Service Provider collects the Commission set out in the Price List.

2. The Customer is obliged to use the App in a manner consistent with generally applicable laws, the provisions of the Terms of Service and good practice.

3. The App enables Users to conclude a Transport Order (a contract for the carriage of Shipments) by making the relevant App functionalities available for that purpose.

4. The Service Provider is not a carrier, a transport organizer or an intermediary in the carriage of goods, and is not a party to a Transport Order. The Service Provider makes available solely the App, which enables Users to make contact and conclude a contract of carriage between themselves. The Service Provider does not assign Transport Orders, whether automatically or by a decision of its administrator; Transport Orders are presented to all Drivers that meet the conditions for their performance, and the choice of a Transport Order rests solely with the Driver.

5. The Service Provider does not provide any form of custody, warehousing or storage services in respect of Shipments.

6. The provision of unlawful content by a User is prohibited.

7. A User that uses the services provided by the Service Provider is obliged to provide only data (including personal data) that reflects the actual state of affairs. The Service Provider is not liable for the consequences of a User providing untrue or incomplete data.

8. One User may create only one Account in the App per e-mail address.

9. The conclusion of the Agreement for the Provision of the App Service requires the registration of an Account.

10. The Service Provider declares, and the User acknowledges, that the web version of the App does not require updates to be installed.

11. A breach of the Terms of Service includes, in particular:

1) the provision of unlawful content by a User;

2) the use by a User of the Service and its functionalities in a manner inconsistent with their intended purpose;

3) the provision by a User of untrue or incomplete data;

4) the creation by a User of more than one Account using the same e-mail address;

5) ordering the carriage of items indicated in the List of Prohibited Shipments.

12. Where a breach of the Terms of Service is established, the Service Provider may call upon the User to remedy it and set a deadline for that purpose of no less than 7 (seven) days.

13. If the User fails to remedy the breach of the Terms of Service, the Service Provider is entitled to block access to the App until the breach referred to in para. 12 is remedied.

14. All statements, demands, notices and information referred to in the Terms of Service may be communicated by e-mail, unless a specific provision of the Terms of Service provides otherwise.

§ 5.

Agreement for the Provision of the App Service

1. Under the Agreement for the Provision of the App Service, the Service Provider enables the User to use, among others, the following App functions:

1) data storage;

2) the ability to place Transport Orders;

3) receiving notifications about the status of a Transport Order;

4) tracking the Driver’s location during the performance of a Transport Order.

2. In order to conclude the Agreement for the Provision of the App Service, the User should take the following steps:

1) go to the App’s website and proceed to the registration form;

2) enter the required data in the form displayed;

3) check the mandatory checkbox next to the declaration of having read the Terms of Service and the Privacy Policy and of accepting their provisions;

4) click the “Continue – verify phone number” option.

3. After the “Continue – verify phone number” option has been clicked, a code for activating the Account is sent to the telephone number provided by the User. Once the correct code has been entered, the User obtains access to the Account. The User’s clicking of the “Verify and create account” option is tantamount to the User concluding the Agreement for the Provision of the App Service.

4. The User obtains access immediately after the conclusion of the Agreement for the Provision of the App Service.

5. The Agreement for the Provision of the App Service is concluded for an indefinite term.

6. If the User is not granted access to the App Service immediately after the conclusion of the Agreement for the Provision of the App Service, the User calls upon the Service Provider to grant access to the App Service without delay. The demand referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service. Where the Service Provider fails to grant the User access to the App Service immediately after receiving the demand referred to in the preceding sentence, the User may withdraw from the Agreement for the Provision of the App Service.

7. Independently of the provisions of para. 6 above, if the User is not granted access to the App Service, the User may withdraw from the Agreement for the Provision of the App Service without calling upon the Service Provider to grant access to the App Service, where at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act applies.

8. Independently of the provisions of paras. 6-7 above, the User may terminate the Agreement for the Provision of the App Service subject to a 7-day notice period, by deleting its Account in the App on its own or by instructing the Service Provider to delete its Account, by sending the relevant information to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

9. The User’s withdrawal from or termination of the Agreement for the Provision of the App Service, irrespective of the basis for that action, is effected by submitting to the Service Provider a declaration of withdrawal from or of termination of the Agreement for the Provision of the App Service. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

10. Where the User breaches the provisions of the Terms of Service and fails to remedy that breach despite receiving the demand referred to in § 4, para. 12 of the Terms of Service, the Service Provider may terminate the Agreement for the Provision of the App Service subject to a notice period of 7 (seven) days, by submitting to the User a notice of termination by e-mail. Upon expiry of the notice period indicated in the preceding sentence, the Service Provider suspends the provision of the App Service. During the notice period, the Service Provider may block the User’s access to the App Service if this is necessary in order to prevent the User from committing further breaches.

11. The Service Provider deletes the Account immediately upon receipt of the declaration referred to in para. 9 above, or upon expiry of the notice period referred to in para. 8 or 10 above. The deletion of the Account is tantamount to the deletion of all User Content saved in it.

§ 6.

Complaints concerning the App Service

1. The provisions of this section apply solely to Users that are Consumers or entrepreneurs with consumer rights.

2. Complaints concerning the operation of the App as a digital service are examined by the Service Provider on the terms set out in this section. Complaints concerning the performance of a Transport Order (including the quality, timeliness or manner of performance of the carriage) are addressed by the Customer directly to the Driver with which the Customer concluded the Transport Order. The Service Provider is not a party to the Transport Order and is not liable for its performance.

3. The App Service provided to the User by the Service Provider must be in conformity with the Agreement relating to it throughout the period in which the Service is provided.

4. ć The Service Provider is liable for a Non-conformity revealed during the period in which the Service is provided.

5. Where a Non-conformity is revealed, the User may submit a complaint containing a demand that the Service be brought into conformity with the agreement for its provision.

6. A complaint is submitted by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

7. A complaint should contain:

1) the User’s first name and surname;

2) an e-mail address;

3) a description of the Non-conformity identified;

4) a demand that the Service be brought into conformity with the agreement for its provision.

8. The Service Provider may refuse to bring the Service into conformity with the agreement for its provision if doing so is impossible or would require the Service Provider to incur excessive costs.

9. Having examined the complaint, the Service Provider gives the User a response to the complaint in which it:

1) upholds the complaint and indicates the planned date for bringing the Service into conformity with the agreement for its provision;

2) refuses to bring the Service into conformity with the agreement for its provision for the reasons indicated in para. 8 above;

3) rejects the complaint as unfounded.

10. The Service Provider gives a response to a complaint by e-mail within 14 (fourteen) days of its receipt.

11. Where the complaint is upheld, the Service Provider brings the Service into conformity with the agreement for its provision at its own expense, within a reasonable time from receipt of the complaint and without excessive inconvenience to the User, taking into account the nature of the service and the purpose for which it is used. The Service Provider indicates the planned date for bringing the Service into conformity with the agreement for its provision in its response to the complaint.

12. Where a Non-conformity is revealed, the User may submit to the Service Provider a declaration of withdrawal from the Agreement where:

1) bringing the Service into conformity with the agreement for its provision is impossible or requires excessive costs;

2) the Service Provider has failed to bring the Service into conformity with the agreement for its provision in accordance with para. 11 above;

3) the Non-conformity persists even though the Service Provider has attempted to bring the Service into conformity with the agreement for its provision;

4) the Non-conformity is so material as to justify withdrawal from the agreement for the provision of the Service without first demanding that the Service Provider bring the Service into conformity with the agreement for its provision;

5) it is clear from the Service Provider’s statement or from the circumstances that the Service Provider will not bring the Service into conformity with the agreement for its provision within a reasonable time or without excessive inconvenience to the User.

13. A declaration of withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

14. A declaration of withdrawal from the Agreement should contain:

1) the User’s first name and surname;

2) an e-mail address;

3) the date on which the Service was provided;

4) a description of the Non-conformity identified;

5) an indication of the reason for submitting the declaration, selected from among the reasons indicated in para. 12 above;

6) a declaration of withdrawal from the Agreement.

15. Where the User withdraws from the Agreement for the Provision of the App Service, the Service Provider deletes the Account immediately upon receipt of the declaration of withdrawal from the Agreement for the Provision of the App Service.

16. Pursuant to Article 34(1a) of the Consumer Rights Act, where the User withdraws from the agreement for the provision of the App Service, the User is obliged to cease using that Service and to cease making it available to third parties.

§ 7.

Transport Order

1. Within the App’s functionalities, the App enables the Customer to conclude a Transport Order with a Driver in one of two modes: an Express Order or a Scheduled Order.

2. In order to place an Express Order, the Customer should:

1) select the “As soon as possible” option;

2) complete the form containing the Shipment’s place of dispatch and place of delivery, the selected Tariff, information on whether loading assistance is required, and the Shipment’s details, including its description;

3) click the “Continue” option.

3. Once the steps referred to in para. 2 have been taken, the App indicates to the Customer the price of the Express Order calculated on the basis of the rates set out in the Price List (hereinafter: the “Base Price”), and the Express Order becomes visible to Drivers. A Driver’s acceptance of the Base Price is tantamount to the conclusion of the Transport Order and results in the Express Order ceasing to be visible to the other Drivers. A Driver may instead submit its own price offer, higher or lower than the Base Price; such an offer requires the Customer’s acceptance given in the App. Where the Base Price is accepted by any of the Drivers, the offers previously submitted expire.

4. In order to place a Scheduled Order, the Customer takes the steps set out in para. 2 and indicates the time or time slot for the pick-up of the Shipment.

5. A Scheduled Order remains visible to Drivers for 24 hours from its posting; during that time, Drivers may submit price offers, from among which the Customer makes a selection. A failure to select an offer within that time results in the expiry of the Scheduled Order.

6. A Transport Order whose place of dispatch is more than 60 (sixty) km from the boundary of the Service Area may be placed only as a Scheduled Order. The same applies to a Transport Order covering a single item weighing more than 80 (eighty) kg.

7. An offer submitted by a Driver in respect of a Scheduled Order is not binding until the Driver confirms it in the App, which takes place no later than 2 (two) hours before the indicated Shipment pick-up time. The Transport Order is concluded upon that confirmation. In the absence of confirmation within the above time limit, the offer expires and the entire amount paid is refunded to the Customer; the Customer is informed of this without delay through the App.

8. The Service Provider moderates the descriptions of Shipments that are added and may, at its discretion, require the Customer to improve the description of a Shipment in accordance with the standards adopted within the App (and in particular where there is a risk of misleading anyone).

9. The App enables the Customer to track the Driver’s location in real time during the performance of a Transport Order, on the basis of the geolocation data made available by the Driver through the App.

10. The Customer is obliged to provide a description of the Shipment that reflects the actual state of affairs and not to order the carriage of items indicated in the List of Prohibited Shipments. The Customer is liable for any damage resulting from a breach of that obligation, including for the costs of interrupting the carriage.

11. The Customer selects, on its own, the Tariff corresponding to the size and nature of the Shipment and is responsible for selecting it correctly.

12. If the Shipment does not fit into the cargo space of a Vehicle corresponding to the Tariff selected, the Driver may propose to the Customer, through the App, a surcharge corresponding to the difference between the base rates for the Tariff selected and the appropriate Tariff. The Customer may accept the surcharge or withdraw from the performance of the Transport Order; in the latter case, the Driver is entitled to the Cancellation Fee referred to in § 9, para. 5 of the Terms of Service.

13. Once the carriage has been performed, the Driver marks the performance of the Transport Order in the App. The Customer may raise objections as to the performance of the Transport Order within 24 (twenty-four) hours of that marking, attaching photographic documentation. If that time limit expires without objections being raised, Finalization occurs. The time limit referred to in the second sentence relates solely to the release of funds to the Driver and does not limit the Customer’s claims arising under the law.

14. The raising of objections referred to in para. 13 withholds the transfer to the Driver of the funds relating solely to that Transport Order. The Service Provider examines the objections within 48 (forty-eight) hours. The Service Provider’s examination of the objections relates solely to the settlement rules applicable within the App and does not determine the Users’ mutual claims arising from the Transport Order.

§ 8.

Fees and settlements

1. The price of a Transport Order is the gross amount indicated to the Customer before the Transport Order is placed, determined in accordance with § 7 of the Terms of Service, depending on the mode:

1) in the case of an Express Order - the Base Price calculated on the basis of the Price List for the Tariff selected, or the price resulting from the Driver’s offer accepted by the Customer;

2) in the case of a Scheduled Order — the price resulting from the offer selected by the Customer from among the offers submitted by Drivers.

2. The price of a Transport Order includes the Commission due to the Service Provider. The amount of the Commission and the rates referred to in para. 1, point 1 are set out in the Price List.

3. The price is paid when the Transport Order is placed, exclusively through Stripe. Payment in any other form, in particular in cash, is not permitted. The Driver is not entitled to accept any payments from the Customer outside the App.

4. The funds paid by the Customer remain in the settlement account maintained by Stripe until Finalization.

5. The Service Provider neither receives nor controls the funds due to the Driver. The Service Provider does not provide payment services. Settlements are carried out exclusively by Stripe on the basis of that provider’s terms and conditions.

6. Upon Finalization, Stripe transfers, by separate transfers:

1) to the Driver - the price of the Transport Order less the Commission;

2) to the Service Provider - the Commission.

7. The invoice documenting the performance of a Transport Order is issued by the Driver; technically, the invoice is generated and sent to the National e-Invoicing System by the App, acting in the name and on behalf of the Driver. The Service Provider does not issue invoices to the Customer in its own name. A Customer that is a Consumer receives, in the App, confirmation of the performance of the Transport Order; the Consumer receives an invoice upon a request submitted in the App no later than within 3 (three) months from the end of the month in which the Transport Order was performed. An invoice issued at the Consumer’s request documents the same Transport Order to which the confirmation of performance relates and includes its number.

§ 9.

Cancellation of a Transport Order and Cancellation Fees

1. The Customer may cancel a Transport Order through the App until it has been performed. The consequences of cancellation are set out in the paragraphs below.

2. Cancellation Fees are covered exclusively from the funds paid by the Customer. The Service Provider does not cover Cancellation Fees from its own funds. The Commission is also charged on the amounts of the Cancellation Fees.

3. Where a Transport Order is cancelled before it has been accepted by a Driver, the entire amount paid is refunded to the Customer.

4. Where a Transport Order is cancelled after it has been accepted by a Driver, if the Driver has not begun travelling to the place of dispatch, the entire amount paid is refunded to the Customer.

5. If the Driver has begun travelling to the place of dispatch, the Driver is entitled to the Cancellation Fee. The remaining part of the amount paid is refunded to the Customer.

6. If the Shipment has been loaded, the Driver is entitled to a Cancellation Fee corresponding to the full base rate of the Tariff selected, together with the fees for the additional services selected. Only the amount corresponding to the unused kilometers is subject to refund.

7. The Driver’s waiting at the place of dispatch is free of charge for the first 15 (fifteen) minutes. After that time, the Customer is informed through the App, and further waiting is charged at the per-minute rate set out in the Price List. After 30 (thirty) minutes of waiting, the Driver may cancel the Transport Order; in that case, the Driver is entitled to the Cancellation Fee and to the fee for the chargeable waiting time.

8. If the Shipment does not match the description provided by the Customer, the Driver documents that fact photographically and may:

1) submit a new price offer to the Customer through the App;

2) perform the Transport Order at the original price;

3) refuse to perform the Transport Order — in that case, the Driver is entitled to the Cancellation Fee referred to in para. 5.

9. If no one collects the Shipment at the place of delivery, the Driver contacts the Customer at the telephone number made available to the Driver after the conclusion of the Transport Order, and the waiting time is chargeable on the terms set out in para. 7, for no longer than 30 (thirty) minutes.

10. If the funds paid by the Customer do not cover the amounts due under paras. 5–9, the Service Provider calls upon the Customer to pay the missing amount within 14 days, indicating how it has been calculated. Until payment is made, the Service Provider may suspend the ability to place further Transport Orders.

11. The provisions of this section do not limit any statutory rights of a Customer that is a Consumer or an entrepreneur with consumer rights.

§ 10.

Right of withdrawal from the Agreement

1. The provisions of this section apply solely to Users that are Consumers or entrepreneurs with consumer rights.

2. Pursuant to Article 27 et seq. of the Consumer Rights Act, the User has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days of its conclusion.

3. The User exercises the right of withdrawal from the Agreement by submitting to the Service Provider a declaration of withdrawal from the Agreement. In order to meet the withdrawal deadline, it is sufficient to send the declaration before the expiry of the time limit referred to in para. 2 above.

4. A declaration of withdrawal from the Agreement may be submitted by the User in any form, in particular using the form constituting Annex 2 to the Consumer Rights Act.

5. Where a declaration of withdrawal from the Agreement is submitted, the Service Provider promptly sends the User confirmation of its receipt by e-mail.

6. Where the User withdraws from the Agreement for the provision of the App Service, the Service Provider will delete the Account immediately upon receipt of the declaration of withdrawal from the Agreement.

7. The right of withdrawal referred to in para. 2 above does not apply to the Customer in respect of a Transport Order, in accordance with Article 38(12) of the Consumer Rights Act, as a contract for the provision of goods carriage services in which the day or period of performance of the service has been specified.

§ 11.

User Content and Reviews

1. The User may post User Content in its Account.

2. The User may send the Service Provider a Review concerning a Driver with which the User concluded a Transport Order.

3. It is prohibited to post User Content and Reviews:

1) containing untrue data, or contrary to the law, the Terms of Service or good practice;

2) giving rise to a reasonable suspicion of deceit or fraud (which applies in particular to descriptions of Shipments);

3) containing content serving to carry out activities prohibited by law, inciting violence or hatred, or insulting any group of persons or any person;

4) containing content that may infringe personal rights, copyright, the right to one’s image or other rights of third parties;

5) containing advertising, promotional, political, religious or discriminatory content;

6) containing content promoting activity competing with that of the Service Provider.

4. A Review may relate solely to the factual circumstances connected with the performance of the Transport Order in question and may not contain personal data other than the Driver’s first name as assigned to the Driver in the App. The Service Provider reserves the right to moderate Reviews for compliance with this paragraph, irrespective of the reporting procedure described in paras. 5 et seq.

5. Any person using the App (hereinafter: the “Reporting Party”) is entitled to report User Content or a Review that may breach the Terms of Service.

6. A report may be submitted in the following manner:

1) by e-mail to: admin@jolo.delivery.

7. A report should contain the following information:

1) a sufficiently substantiated explanation of the reasons why the User Content or Review in question constitutes illegal content,

2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs and, where applicable, additional information enabling the User Content or Review to be identified, as appropriate to its type and to the functionalities of the App,

3) the first name and surname or the name, and the e-mail address, of the Reporting Party, except where the report concerns information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,

4) a statement confirming the Reporting Party’s bona fide belief that the information and allegations contained in the report are accurate and complete.

8. Upon receipt of a report, the Service Provider sends the Reporting Party confirmation of its receipt to the e-mail address indicated by the Reporting Party.

9. Where a report does not contain the elements indicated in para. 7 above or contains errors, the Service Provider may ask the Reporting Party to supplement or correct the report within 14 days of receiving that request. Where the Reporting Party fails to supplement or correct the report within the time limit indicated in the preceding sentence, the Service Provider may decline to consider the report.

10. The Service Provider verifies the reported User Content or Review within 14 days of receiving a complete and correct report. As part of the verification activities, the Service Provider will, where necessary, ask the Reporting Party to send the necessary additional information or documents. Pending examination of the report, the Service Provider may block the visibility of the User Content or Review.

11. After verifying the report, the Service Provider:

1) removes the User Content or Review that breaches the Terms of Service;

2) restores the User Content or Review that does not breach the rules arising from the Terms of Service (if its visibility was blocked at the stage of verifying the report),

stating the reasons for its decision.

12. Where the User Content or Review is removed, the Service Provider promptly notifies both the Reporting Party and the User that published the removed User Content or Review of that fact, stating the reasons for its decision.

13. The statement of reasons for the Service Provider’s decision includes:

1) an indication of whether the decision covers the removal of the User Content/Review, the blocking of its visibility, its demotion, or the imposition of other measures referred to in the Terms of Service in relation to that Review and, where applicable, the territorial scope of the decision and its period of validity;

2) the facts and circumstances on the basis of which the decision was taken, including, where applicable, information on whether the decision was taken on the basis of a report submitted by the Reporting Party or on the basis of voluntary own-initiative investigations carried out by the Service Provider and, where strictly necessary, the identity of the Reporting Party;

3) where applicable, information on the use of automated means in taking the decision, including information on whether the decision was taken in respect of User Content/a Review detected or identified using automated tools;

4) where the decision concerns potentially prohibited User Content/a potentially prohibited Review, an indication of the legal or contractual basis on which the decision is based and an explanation of the reasons why the Review in question is considered to be prohibited content;

5) clear and user-friendly information for the User and the Reporting Party on the possibilities available to them for appealing against the decision.

14. A User whose User Content or Review has been removed, or a Reporting Party whose request for the removal of the reported User Content/Review is refused by the Service Provider, may lodge an appeal against the Service Provider’s decision.

15. An appeal may be lodged in the following manner:

1) by e-mail – to: admin@jolo.delivery.

16. An appeal should contain:

1) the first name and surname or the name of the appellant,

2) contact details (e-mail address, correspondence address),

3) a detailed statement of the reasons why, in the appellant’s opinion, the Service Provider’s decision is incorrect and should be changed.

17. The Service Provider promptly confirms receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.

18. Appeals are examined by an authorized team of the Service Provider within 14 days of their receipt (these activities will not be carried out in an automated manner, without human involvement).

19. The Service Provider notifies the appellant of the decision taken as a result of the examination of the appeal by e-mail and, if it at the same time considers the reported content to be prohibited content, takes the measures provided for in the Terms of Service in respect of that content.

20. The submission of User Content or a Review is tantamount to the User declaring that it is its sole author. The User bears full responsibility for the User Content/the content of the Review and for the consequences of its publication (including for infringements of the personal rights and intellectual property rights of third parties).

21. z The submission of User Content/a Review is tantamount to the User granting the Service Provider a free-of-charge, non-exclusive license to use it (hereinafter: the “License”).

22. The License is granted for an indefinite term (with the possibility of terminating it upon two years’ notice, effective at the end of a calendar year) and without territorial limitations, and covers the use of the User Content/Review in the following fields of exploitation:

1) recording and reproduction in any number of copies, by any technique and in any format;

2) dissemination in any manner, by any means of transmission, in particular through publication in the App and in the Service Provider’s social media.

23. The License entitles the Service Provider to modify a Review where this is necessary in order to disseminate it in a particular manner, without changing its substance or content.

24. The License authorizes the Service Provider to grant further licenses to use the Review to any third parties of its choice. The further license referred to in the preceding sentence may be granted by the Service Provider for consideration or free of charge.

25. The User undertakes not to exercise the moral rights vested in it in respect of the User Content/Review (including the right to have the authorship of the User Content/Review attributed and the right to supervise the use of the User Content/Review) and authorizes the Service Provider to exercise those rights on the User’s behalf.

§ 12.

Liability of the Service Provider

1. The Service Provider undertakes to provide the services with due care.

2. To the extent permitted by the provisions of the Civil Code and of the Consumer Rights Act, the Service Provider is not liable to Users for the consequences of:

1) Users using any services or functionalities available within the App in a manner inconsistent with their intended purpose;

2) Users providing incorrect or untrue data;

3) the use by third parties of the credentials authorizing access to the Account, where those persons came into possession of the credentials as a result of their disclosure by the User or as a result of the User’s failure to adequately protect them against access by such persons;

4) the acts and omissions of Users;

5) the loss of, damage to or delay in the delivery of a Shipment;

6) arising from a Transport Order concluded between Users.

3. To the extent permitted by the provisions of the Civil Code and of the Consumer Rights Act, the Service Provider is not liable for disruptions to the operation of the App resulting from:

1) force majeure;

2) necessary maintenance and modernization works carried out in the App;

3) causes attributable to the User;

4) causes beyond the Service Provider’s control, in particular the actions of third parties for which the Service Provider is not liable.

4. The Service Provider undertakes to carry out the works referred to in para. 3, point 2 above in the least burdensome manner possible for Users and, as far as possible, to inform them of planned works in advance.

5. The Service Provider undertakes, as far as possible, to remedy disruptions to the operation of the App on an ongoing basis.

6. The Service Provider is not liable for the consequences of any interactions between Users who came into contact through their use of the App (regardless of where those interactions occur), including for the consequences of a User disclosing information concerning that User.

§ 13.

Out-of-court dispute resolution

1. The provisions of this section apply solely to Users that are Consumers.

2. The User has the option of using out-of-court procedures for handling complaints and pursuing claims.

3. Detailed information on the User’s option of using out-of-court procedures for handling complaints and pursuing claims, and on the rules of access to those procedures, is available at the offices and on the websites of:

1) district (municipal) consumer ombudsmen and of social organizations whose statutory tasks include consumer protection;

2) the Voivodeship Inspectorates of the Trade Inspection;

3) the Office of Competition and Consumer Protection.

§ 14.

The Service Provider’s intellectual property

1. All components of the App, in particular:

1) the name of the App;

2) the logo of the App;

3) photographs and descriptions;

4) the operating principles of the App, all of its graphic elements, the interface, the software, the source code and the databases

- are protected by law under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 - the Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including the laws of the European Union.

2. Any use of the Service Provider’s intellectual property without its prior express consent is prohibited.

§ 15.

Processing of personal data

1. Information on the processing of personal data by the Service Provider is set out in the Privacy Policy available at: https://jolo.delivery/polityka-prywatnosci.

2. The Service Provider neither stores nor processes the payment data provided by the Customer. The data is transmitted directly to the payment service provider so that it can process the payment.

§ 16.

Changes to the App Service

1. The Service Provider may change the App Service in the event of:

1) the need to adapt the Service to newly emerging devices or software used by Users to use the Service;

2) the Service Provider deciding to improve the Service by adding new functionalities to it or by modifying existing functionalities;

3) a legal obligation to make changes, including the obligation to adapt the Service to the current legal framework.

2. A change to the Service may not involve any costs for the User.

3. The Service Provider informs Users of a change made to the Service by posting a message about the changes in the Account. Independently of the above, information about the change made may be sent to Users by e-mail.

4. If a change to the Service materially and adversely affects access to the Service, the Service Provider is obliged to inform the User of:

1) the characteristics and the date of the change, and

2) the User’s right to terminate the Agreement for the Provision of the Service with immediate effect within 30 (thirty) days of the change being made.

5. The Service Provider sends the information referred to in para. 4 above to Users by e-mail no later than 7 (seven) days before the change is made.

6. The User’s termination of the Agreement for the Provision of the Service on the basis of para. 4, point 2 above is effected by submitting to the Service Provider a notice of termination of the Agreement for the Provision of the Service. The notice referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

7. The termination of the Agreement for the Provision of the Service on the basis of para. 4, point 2 above has the same effects as those provided for in § 6 of the Terms of Service in the case of withdrawal from the Agreement for the Provision of the Service on account of a Non-conformity.

§ 17.

Amendments to the Terms of Service

1. The Service Provider may amend the Terms of Service in the event of:

1) a change in the subject matter of the Service Provider’s business activity;

2) the Service Provider commencing the provision of new services, modifying the services provided to date or ceasing to provide them;

3) technical modifications being made to the App that require the provisions of the Terms of Service to be adapted to them;

4) a legal obligation to make changes, including the obligation to adapt the Terms of Service to the current legal framework.

2. Users will be informed of any amendment to the Terms of Service by the publication of the amended version of the Terms of Service on the App’s website. Independently of the above, the amended version of the Terms of Service will be sent to Users by e-mail. The notification of the amendment to the Terms of Service referred to above is given in Polish and in English.

3. Agreements for the Provision of the Service concluded before an amendment to the Terms of Service are governed by the provisions of the Terms of Service in force at that time.

4. A User that does not agree to an amendment to the Terms of Service may terminate the Agreement for the Provision of the App Service with immediate effect within 10 (ten) days of receiving information about the amendment to the Terms of Service. A failure to terminate is deemed to constitute consent to the amendment to the Terms of Service.

5. The termination of the Agreement for the Provision of the App Service is effected by the User submitting to the Service Provider a notice of termination of that Agreement. The notice referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1, para. 5, point 1 of the Terms of Service.

6. Immediately upon receipt of the notice referred to in para. 5 above, the Service Provider deletes the Account.

§ 18.

Final provisions

1. The current version of the Terms of Service is effective as of 21 August 2026.

2. The Terms of Service are governed by Polish law. All disputes arising under these Terms of Service will be resolved by way of amicable negotiation and, should no agreement be reached — before the competent court of general jurisdiction.

3. Matters not regulated in the Terms of Service are governed by generally applicable Polish law.

4. The annex to the Terms of Service, forming an integral part thereof, is Annex 1 – the List of Prohibited Shipments.

5. The Terms of Service have been drawn up in the Polish language. Versions of the Terms of Service in other languages are for information purposes only. In the event of any discrepancy, the Polish version prevails.