Terms of Service of the WZMOCNIA websites

§ 1. Service provider and scope

The service provider and operator of the websites is NIHILI Prosta Spółka Akcyjna (a Polish simple joint-stock company) with its registered office in Warsaw, ul. Piękna 49, 00-672 Warsaw, Poland, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw under KRS number 0001244757, tax ID (NIP) 7011316302, REGON 544879583, hereinafter “NIHILI”. Contact: e-mail mail@wzmocnia.com, phone +48 511 359 802, postal address as above.

The Terms cover three websites: wzmocnia.com (for employers and site hosts, including the Facility specification form), wzmocnia.pl (for individual customers) and wzmocnia.org (a content site with publications, without sales or accounts). The websites are also available under language-prefixed addresses (for example /en).

The Terms constitute the terms of providing services by electronic means within the meaning of the Polish Act of 18 July 2002 on providing services by electronic means, and the standard contract terms for contracts concluded on the websites. Contracts with Employers and Site Hosts are governed primarily by a separate agreement; the Terms apply to them as regards use of the website and in matters not covered by the agreement. The licences included with the Facility — audio programmes in the Facility, stay protocols, the wzmocnia.pl calendar, the WZMOCNIA Charter and NOOSTEAD networks, signs and know-how — are set out in the WZMOCNIA Licence Terms (wzmocnia.com/regulamin-licencji); these Terms do not change them. Cooperation with Agents is governed by the WZMOCNIA Agent Terms.

The Terms are available free of charge on every page of the websites (link in the footer) and at wzmocnia.com/regulamin, wzmocnia.pl/regulamin and wzmocnia.org/regulamin, in a form that allows them to be downloaded, stored and printed. The Customer also receives the Terms by e-mail together with the confirmation of every contract.

§ 2. Definitions

• Facility — a mobile WZMOCNIA facility with two WZMOCNIA Rooms, owned or used by a Site Host or by NIHILI; the licences included with the Facility are set out in the WZMOCNIA Licence Terms (which call it the “Unit”).
• WZMOCNIA Room — one of the two separate rooms with a strongly reduced number of stimuli in a Facility.
• WZMOCNIA Retreat — a stay in a WZMOCNIA Room on the premises of a Site Host, on the basis of a ticket bought on wzmocnia.pl or at the Host's reception.
• WZMOCNIA Online — audio programmes, music and recorded guided sessions streamed in the browser after signing in or entering a Code; a single programme is digital content, and subscription access to the library is a digital service within the meaning of the Polish Consumer Rights Act of 30 May 2014.
• WZMOCNIA Pilot (block) — temporary provision of a Facility at the Employer's premises for 4 or 11 full days, with NIHILI staff on site, Codes for employees, measurement and an aggregate report.
• Customer — a natural person using wzmocnia.pl, including a Consumer and a sole trader who is a natural person, where the contract is not of a professional nature for them (Article 7aa of the Consumer Rights Act, Article 385⁵ of the Civil Code).
• Consumer — a natural person performing a legal transaction not directly related to their business or professional activity.
• Employer — an entrepreneur or other organisation ordering a WZMOCNIA Pilot for its employees or associates.
• Group purchase (shared Charter) — one order for a block placed by several Employers (up to ten), one of whom is the Coordinator; the cost is divided among the Employers in proportion to the number of sessions in the schedule.
• Coordinator — the Employer who places the order in a group purchase, is the first payer and independently sets and changes the session schedule; it acts through the person using its Account.
• Session schedule — the allocation of sessions (a 50-minute stay and a 10-minute break, in two Rooms, in days running from 7:00 to 7:00) among the Employers in a group purchase and the order of employees' sessions, set by the Coordinator according to a scenario or manually.
• Participant — a person who uses a WZMOCNIA Room or WZMOCNIA Online on the basis of a Code provided by NIHILI as part of a Pilot; a Participant does not create an account.
• Site Host — a hotel or other entity, including the owner or lessee of the Facility (the User within the meaning of the WZMOCNIA Licence Terms), on whose premises the Facility stands and which sells stays to its guests and makes the Facility available for NIHILI charter orders (WZMOCNIA Charter), including Pilots.
• Code — a one-off or time-limited string of characters that opens a WZMOCNIA Room or WZMOCNIA Online, delivered by SMS, e-mail or on the website.
• Account — the set of data and rights assigned to a person signed in on wzmocnia.com (Employer, Host) or wzmocnia.pl (Customer).
• Durable medium — in particular an e-mail with the text of the contract and the Terms in the version of the date of conclusion attached.

The definitions in this section apply only to these Terms. The WZMOCNIA Licence Terms and other documents to which these Terms refer have their own definitions — for example, in the WZMOCNIA Licence Terms a “Participant” is any person using a stay in the Unit.

§ 3. What WZMOCNIA services are, and what they are not

WZMOCNIA is the name of a place and of programmes, not a promise of a result. NIHILI creates conditions: a room with a strongly reduced number of stimuli, time without demands, audio programmes. NIHILI does not guarantee any particular effect of a stay or of listening.

WZMOCNIA services are not a health service, therapy, diagnosis, medical or psychological advice, and do not replace them. They are not intended as help in a crisis. In an immediate threat to life or health call the emergency number 112. If you are in Poland and need to talk to someone in an emotional crisis, call the Support Centre: 800 70 2222 (24 hours, free of charge).

WZMOCNIA Rooms and WZMOCNIA Online may be used only by adults. NIHILI advises against a stay for people who find enclosed, silent and darkened rooms hard to bear, for people under the influence of alcohol or other substances, and for people who are going through an emotional crisis at the time; the full information “when we advise against a stay” is available on the website before purchase and displayed at the entrance to the Facility.

Participation in a Pilot is voluntary for an employee. The Employer does not receive information about who used a Code or what anyone answered in a survey; details in § 11 and in the Privacy Policy.

§ 4. Technical requirements, rules of use and availability of the websites

Using the websites requires a device with internet access and a current browser supporting JavaScript and cookies; WZMOCNIA Online also requires audio output. Receiving Codes by SMS or e-mail requires a working phone number or e-mail address.

It is prohibited to supply unlawful content, attempt to circumvent security measures (including passwords and Codes), download content automatically, share Codes and sign-in details with third parties, or record, copy and distribute audio programmes.

wzmocnia.org does not sell anything and has no accounts; access requires a password provided by NIHILI. The content of wzmocnia.org is informational and does not constitute advice.

NIHILI may temporarily limit the availability of the websites for technical work, for no more than 8 hours per month in total, between 0:00 and 6:00, with notice on the website at least 24 hours in advance. Unavailability of WZMOCNIA Online for more than 24 hours in a paid period extends access by the period of unavailability; this does not exclude the Consumer's rights under § 14.

§ 5. Accounts

A Customer creates a Customer Account on wzmocnia.pl by providing a first name, e-mail address and password (at least 10 characters), accepting the Terms and reading the Privacy Policy. Sign-in is by password or by a one-time link sent by e-mail. The Account contract is free of charge, concluded for an indefinite period, and may be terminated by the Customer at any time: by deleting the Account in the settings or by writing to NIHILI; deleting the Account does not affect paid tickets and access, which can be used on the basis of a Code.

An Employer Account on wzmocnia.com is created when a Pilot order is sent: the person in charge provides an e-mail address and password, accepts the Terms and reads the Privacy Policy; the account receives the employer role, and the order is visible in the panel. Site Host accounts are created by NIHILI after an agreement is concluded with the organisation. The person using the Account declares that they are authorised to act on behalf of the organisation and, in a group purchase, also to act as the Coordinator on behalf of all Employers within the scope of § 10a.

The user is responsible for keeping the password confidential and informs NIHILI without delay of any suspected unauthorised access. NIHILI may block an Account used contrary to the Terms after a request to cease the breach with a 3-day deadline; without such a request only where the breach endangers the security of the website or other people. NIHILI informs about the block and its reason by e-mail; the user may lodge a complaint (§ 14). A block does not remove access to paid content and tickets unless the breach concerns them.

NIHILI may terminate the Account contract for important reasons (persistent breach of the Terms, closure of the website) with 30 days' notice; this does not affect the performance of contracts already paid for.

§ 6. Concluding contracts on the website

Before placing an order the Customer sees a summary: the subject, the gross price, the duration of access or the date of the stay, the cancellation rules and information on the right of withdrawal or its absence. The order is placed with the button “Order and pay”. Placing an order is the Customer's offer.

The contract is concluded when NIHILI sends a confirmation on a Durable medium, without delay after the payment is received and no later than within 24 hours. The confirmation contains the text of the contract, the Terms in the version of the date of conclusion, the Code or access instructions and, where the Customer gave consent under § 7 or § 15, confirmation of that consent. If NIHILI cannot accept the order (for example the slot is no longer available), it informs the Customer within the same period and refunds the payment without delay, no later than within 14 days.

NIHILI records the date, language and version of the Terms accepted when concluding the contract and the content of consents; the Customer may obtain these data on request.

Contracts are concluded in Polish or English, according to the website language in which the Customer placed the order.

§ 7. WZMOCNIA Online — digital content and digital services

WZMOCNIA Online comprises audio programmes, music and recorded guided sessions. Access can be bought in two forms: (a) a single programme — access to the recording for 12 months (digital content supplied in one go); (b) a subscription — access to the whole library, billed monthly (a digital service supplied continuously). The catalogue and prices are visible on the website before purchase. NIHILI provides Online to Pilot Participants free of charge on the basis of a Code, to the extent and for the time agreed with the Employer.

Access is granted as a non-exclusive licence for personal use, without the right to download, copy, publicly perform or share with third parties. NIHILI records the playback history (which programme, when, up to which point) so that the Customer can return to an interrupted programme; the history can be cleared in the Account settings.

Single programme (digital content): the Consumer may start playback before the 14-day withdrawal period expires only after giving express consent, in a separate field at purchase, and acknowledging that upon starting they lose the right of withdrawal; NIHILI confirms this consent on a Durable medium. Without consent, playback is possible after 14 days.

Subscription (digital service): the Consumer may request that performance begin before the withdrawal period expires, in a separate field at purchase; in the event of withdrawal they pay only for the part of the period up to the moment of withdrawal. The billing period is one month. The subscription renews for another month only if the Customer consented to this at purchase; NIHILI sends a renewal reminder by e-mail 7 days in advance. The Customer may cancel the subscription at any time in the Account settings or by message, with effect at the end of the paid month; cancellation does not exclude the rights under § 14 and § 15. NIHILI announces a change in the subscription price at least 30 days in advance; a Customer who does not accept it may cancel the subscription before it takes effect.

Content is delivered in the version current at the time of purchase. For one-off access NIHILI supplies updates necessary to keep the content in conformity with the contract for as long as the Consumer may reasonably expect; for a subscription — for its entire duration. NIHILI informs about updates on the website.

§ 8. WZMOCNIA Retreat — tickets

A ticket entitles the holder to a stay in a WZMOCNIA Room at the chosen location, on the chosen date and for the chosen duration: 1, 2, 3 or 4 hours, in the daytime (6:30–23:00) or at night (23:00–6:30). The last 10 minutes of each hour of a stay are used to prepare the Room, so a stay lasts 50, 110, 170 or 230 minutes respectively. Tickets and packages on wzmocnia.pl are sold by NIHILI in a payment split with the Host of the location where the stay takes place: the Host receives 70% and NIHILI 30% of the net price, also after a package price reduction under § 14(1); a facilitator's share in a session with a facilitator is settled separately with the facilitator. A Host's guest who buys a stay at the reception, in the Host's system and on the Host's terms, contracts solely with the Host; NIHILI is not a party to that contract, and the Host provides the guest with the rules of a stay under § 9 before purchase.

Stays at Hosts' Facilities appear in the wzmocnia.pl calendar under the WZMOCNIA Licence Terms and the WZMOCNIA Charter and Booking Terms, which set how many hours and on which dates the Host releases for online sale. A paid online ticket cannot be displaced by a later booking. Until the session takes place it is not known which Host will deliver it — the Customer may change the date or the location, and a package not tied to a location may be used with different Hosts. Therefore the payment stays with the payment operator until the service is performed, and invoices or receipts — from the Host for its part, from NIHILI for its part and from the facilitator for their share — are issued after the session in the WZMOCNIA Room has taken place. Prices are stated in Polish złoty, gross, including 8% VAT; the price list in force at the time of purchase is visible before the order is placed.

The contract is concluded in accordance with § 6. The Customer receives a confirmation and a Code by e-mail or phone; the Code opens the Room at the ordered time. The Code is used by the person who concluded the contract or by a person designated by them who meets the conditions of § 3 and § 9. In the Account, the Customer may transfer to another person who has an Account on wzmocnia.pl unused tickets and hours bought on wzmocnia.pl at the price-list price; the transfer does not cover stays bought from a Host or packages of hours or sessions bought on wzmocnia.pl at a reduced price. Transferred hours keep their validity and conditions, and the person who accepted them uses them under these terms.

Cancellation and rescheduling: the Customer may cancel a ticket or a package free of charge in the Account or by message within 14 days of the date of purchase, but no later than 24 hours before the start of the purchased stay; NIHILI refunds the payment within 14 days of cancellation. Changing the date is free of charge up to 24 hours before the start of the stay. Cancellation after these deadlines, or failure to appear, does not entitle to a refund, because the slot is reserved exclusively for the Customer and cannot be resold. Exceptions: (a) the stay did not take place or was interrupted for reasons attributable to NIHILI or the Host — refund in full or, in the event of interruption, of the part proportional to the unused time, or with the Customer's consent another date; (b) force majeure preventing the stay — refund in full; (c) the Customer ended the stay early of their own accord — no refund.

Right of withdrawal: a ticket concerns a leisure-related service with a specified day and hour of performance, so the Consumer has no statutory right to withdraw from a distance contract (Article 38(1)(12) of the Consumer Rights Act). The Customer has the contractual right of cancellation described above. If NIHILI introduces vouchers without a specified date, the statutory right of withdrawal applies to them.

Late arrival shortens the stay by the delay; the stay ends at the time stated on the ticket. NIHILI or the Host may refuse entry to a person who is under the influence of alcohol or other substances, is not an adult or does not present a valid Code; in that case no refund is due.

§ 9. Rules of a stay in a WZMOCNIA Room

• Entry is by Code, during the Facility's opening hours (in a Pilot around the clock, from Monday 7:00 to Friday 7:00; at a Host's location in the daytime 6:30–23:00 and at night 23:00–6:30). A Room is occupied by one person.
• There is no video or audio monitoring in the Rooms. Video monitoring covers only the exterior zones of the Facility (entrance and surroundings) for safety; it is operated by the Host on its premises and by NIHILI on the Employer's premises; recordings are kept for 30 days. Information about monitoring is displayed at the entrance. The Code system keeps an entry log.
• During opening hours a person on duty is available: a NIHILI employee in a Pilot, a reception employee at a Host. The Room contains a help button and the phone number of the person on duty, as well as information on help points.
• You may end your stay and leave at any time. The person on duty may end a stay when the safety of the person in the Room or of others requires it; the financial consequences are set out in § 8.
• It is prohibited to stay under the influence of alcohol or intoxicants, to smoke, use open flames, bring objects that endanger safety or bring animals, except an assistance dog of a person with a disability. The Room is not a place of overnight accommodation — a night-time stay lasts at most 3 hours — and is not used for purposes other than the stay described in the Terms.
• A person staying in the Facility is liable under general rules for damage caused through their fault. Personal belongings may be left in a lockable locker at the entrance; NIHILI or the Host is liable for items in the locker under general rules, and for items left elsewhere where the damage results from their fault. The Customer should not bring items of high value into the Facility.
• The Facility is entered by stairs; information on the accessibility of the Facility for people with reduced mobility is provided for each location before purchase. Please contact us if you need assistance at the entrance.

§ 10. Employer — WZMOCNIA Pilot

The WZMOCNIA Pilot is a contract between NIHILI and the Employer. The Terms govern use of the website (order form, order page, panel, calendar) and the terms of the contract for blocks; in the event of conflict, a separate agreement signed by the parties prevails. § 10(7)(h), § 17(2) and the third sentence of § 20(1) on the competent court do not apply to a sole trader who is a natural person where the contract is not of a professional nature for them, while § 10(7)(g) and § 15 do apply; NIHILI does not make the conclusion of the contract conditional on a declaration of its professional nature.

Contract path for blocks: (1) the Employer indicates in the form on wzmocnia.com a region, from 1 to 9 dates of 4- or 11-day blocks among the dates for which enough Facilities are available, the organisation's data (tax ID, name, address) and the person in charge, the people concluding the contract on its behalf (section 8), and in a group purchase also the other Employers and the session schedule; (2) before sending, it sees the net and gross price, the amount of the deposit, the amounts and due dates of the balances and the cancellation rules, and makes the declarations in section 8; (3) it places the order from the Account using one of the buttons: “Order and pay the deposit online” or “Order and generate the agreement”; the order receives a number and its own page in the Account — with the agreement to download (PDF, with the Terms as an annex), bank transfer details for the deposit and a payment link; (4) the dates are provisionally reserved for 7 days from placing the order; (5) the contract enters into force on the day the deposit is paid within that period — also without signing a document; if the deposit is not received on time, the contract does not enter into force and the reservation lapses; (6) within 3 business days of payment of the deposit NIHILI confirms by e-mail the dates and the site of the Facility and sends the content of the contract and the Terms in the version of the order date; (7) at the Employer's request the parties sign the agreement: the Employer sends the signed copy — by hand or with a qualified electronic signature — via the order page, and NIHILI makes its signed copy available there and sends it by e-mail. An order to rent a Facility for 1 or 2 years is neither a contract nor an obligation to pay — its terms are set out in a separate agreement.

Blocks: 4 days (4 full days, Monday 7:00 to Friday 7:00) — PLN 18,000 net; 11 days (11 full days, Monday 7:00 to Friday of the following week 7:00) — PLN 39,000 net; prices plus 23% VAT. The price includes delivery and set-up of the Facility, commissioning, staff on site, servicing, preparation of the Rooms between entries, audio programmes in the Facility, calendar and Codes for employees, measurement before and after with an aggregate report, and collection of the Facility. The calendar is active from April 2027; the number of Facilities available in a given month is shown on the website.

The Employer provides: a site with a paved access road for a heavy vehicle, load-bearing ground and an area of about 14 × 3 m, the landowner's consent, a red 400 V 32 A socket with circuit protection at the spot where the Facility stands, a contact person, and a list of contacts (phone number or e-mail) of the people invited to take part. Bringing the power supply to that spot, the supply installation and the safety of the power cable while the Facility is operating are the Employer's responsibility. The Employer is the controller of the invited people's contacts, informs the employees of their transfer to NIHILI and entrusts their processing to NIHILI for the purpose of sending Codes under section 9; the rules are in the Privacy Policy.

Payment for blocks: (a) deposit — 30% of the gross price of the order, payable within 7 days of placing the order: online, via the payment link on the order page, or by bank transfer to NIHILI's account stated in the order, with the reference “Zadatek {number} NIP {tax ID}”; for a transfer, the day NIHILI's account is credited counts; (b) balance — 70% of the gross price of each block, payable by bank transfer to the same account, with the reference “Order {number}, NIP {tax ID}”, no later than 90 days before the start of that block; (c) if on the order date no more than 90 days remain until the start of a block, the balance for that block is paid together with the deposit. The amounts and due dates form part of the order and the contract. The deposit is an earnest payment (zadatek) within the meaning of Article 394 of the Polish Civil Code, as modified by section 7, and is credited towards the price. NIHILI issues an invoice after each payment.

The Pilot report contains aggregate data only: use of the pool, number of entries and returns, distribution of answers to the three survey questions before and after and after a week. Breakdowns are shown when they cover at least 8 people; with fewer answers the report contains only the use of the pool. The report contains no entry times of individuals or other data allowing an employee to be identified, and no claims of effectiveness. The Employer may not use NIHILI's materials as proof of the harmlessness of the tools and systems it deploys or as an assessment of employees.

Cancellation and refunds: (a) within 14 days of paying the deposit the Employer may withdraw from the contract without giving a reason, by a statement sent by e-mail to mail@wzmocnia.com; NIHILI then refunds the deposit in full, within 14 days of receiving the statement, by the same means by which it was paid; this right does not cover a block for which the balance was payable together with the deposit (section 5(c)); (b) after 14 days the deposit is non-refundable; until the balance due date the Employer may cancel a block, and NIHILI then retains the part of the deposit attributable to that block; (c) if the balance is not received on time, NIHILI sets by e-mail an additional period of 7 days and, if it expires without payment, may — within the following 30 days — withdraw from the contract as regards that block and retain the part of the deposit attributable to it; (d) once the balance is paid, payments for the block are non-refundable, also where the Employer cancels the block or does not use it; (e) NIHILI may withdraw from the contract within 14 days of payment of the deposit if it cannot confirm a date or the indicated site does not meet the conditions in section 4 — it then refunds all payments within 14 days; (f) if a block does not take place for reasons attributable to NIHILI, NIHILI refunds all payments for that block within 14 days or, with the Employer's consent, agrees another date; if a block is interrupted for such reasons, it refunds the part proportional to the unused days; points (b)–(d) do not apply in those cases; (g) a sole trader who is a natural person and for whom the contract is not of a professional nature has the statutory right of withdrawal under § 15, covering all payments made before withdrawal; if NIHILI fails to perform the contract, Article 394 § 1 of the Polish Civil Code applies to them unmodified, and after the withdrawal period NIHILI retains their payments only to the extent that it has not recovered them by making the released date available to another customer; (h) as regards other Employers, the obligation to pay twice the deposit (Article 394 § 1 of the Polish Civil Code) is excluded — NIHILI refunds payments under points (e) and (f). Points (b)–(d) do not limit rights which cannot be excluded under mandatory provisions of law.

People concluding the contract and declarations: (a) in the order the Employer indicates the people who conclude the contract on its behalf; the form retrieves from the Polish National Court Register (KRS) the body authorised to represent the entity, the rule of representation and the composition of the body, and checks whether the people indicated and their number correspond to the entry; an attorney-in-fact acts under a power of attorney, which the Employer provides to NIHILI with the signed agreement or on request; (b) the person placing the order from the Account ticks the declarations: of authority to place the order, of acceptance of the Terms and having read the Privacy Policy, of acceptance of the payment and cancellation terms in sections 5 and 7, of providing a site meeting the conditions in section 4, of entrusting data under section 9 and, in a group purchase, of authority to act as Coordinator; (c) the declarations are a condition of accepting the order; NIHILI records their wording, date, language, the version of the Terms and the Account from which they were made, and makes this record available to the Employer on request; (d) the register check and the declaration do not replace authority — NIHILI may request proof of it before confirming the dates.

Data processing (Article 28 GDPR): the Employer, as controller, entrusts NIHILI with processing the contacts of the people invited to take part — phone numbers or e-mail addresses — solely to send Codes and organisational messages, for the period from the handover of the list until 30 days after the end of the last block; the processing consists of storing the list and sending messages. NIHILI: processes the contacts only on the Employer's documented instructions, which are the contract and the Terms, including as regards transfers outside the European Economic Area, and informs the Employer of processing required by law before it starts, unless the law prohibits this; grants access to the data only to persons who are authorised and bound by confidentiality; applies the measures under Article 32 GDPR described in the Privacy Policy; uses the sub-processors listed in the Privacy Policy (hosting, database, message delivery), to which the Employer gives general consent, imposes the same obligations on them and gives 14 days' notice of an intended change, during which the Employer may object; assists the Employer in responding to data subjects' requests and in meeting the obligations under Articles 32–36 GDPR, and reports a personal data breach to it without undue delay, no later than 48 hours after becoming aware of it; after the processing period deletes the contacts and their copies, unless the law requires them to be kept; makes available the information needed to demonstrate compliance and allows an audit at an agreed time. The entrustment applies from the entry into force of the contract, before the Employer hands over the contact list. NIHILI processes the data saved under a Code as a separate controller (§ 11 and the Privacy Policy).

§ 10a. Group purchase — shared Charter and the Coordinator

In a group purchase several Employers order one block. The organisation that places the order is the Coordinator and the first payer; the Coordinator adds the other Employers (name, tax ID, address, billing e-mail address), at most nine, and is responsible for being authorised to provide their data and to place the order on their behalf. The order has one number. The deposit for the whole order is paid by the Coordinator; it is credited towards each Employer's share in proportion to those shares. Each Employer pays the balance for its own share, by bank transfer.

The cost of the block is divided among the Employers in proportion to the number of sessions allocated to each of them in the session schedule; the remaining grosze are covered by the Coordinator; the sum of the parts equals the price of the block. The “Payable” table is part of the order and its PDF.

The session schedule — the allocation of days and hours in both Rooms among the Employers and the order of the Employers' employees' sessions — is set independently by the Coordinator: in the order, by choosing a scenario (equal shares each day, whole days in turn, a day with one Employer's predominance, manually day by day), and after purchase in the panel, up to 24 hours before the start of each day affected by the change. Only the Coordinator may change the schedule; NIHILI does not accept changes from the other Employers or from Participants. A change of the schedule after payment does not change the parts paid; any settlements in this respect are an internal matter of the Employers.

Every Employer that pays its part on the basis of the order accepts the Terms and acknowledges that the Coordinator independently decides on the schedule and order of the sessions of all Employers' employees and is entitled to make changes to the schedule on its own, without the consent of the others; statements made by the Coordinator on the website are binding on all Employers in the group purchase. NIHILI carries out the schedule provided by the Coordinator and does not verify whether it has been agreed with the other Employers.

NIHILI's liability for the schedule and order of sessions set or changed by the Coordinator, for the consequences of such changes (including sessions not used by an Employer as a result of the schedule) and for disputes among the Employers concerning the schedule and settlements is excluded. NIHILI is liable solely for making the Facility and Codes available in accordance with the schedule provided by the Coordinator.

The contract enters into force when the Coordinator pays the deposit (§ 10(2)). If any Employer's share of the balance is not received on time, NIHILI calls on the Coordinator; the Coordinator may pay the missing share within the additional period in § 10(7)(c), in which case the sessions of the non-paying Employer pass to the Coordinator. Otherwise NIHILI may withdraw from the contract as regards the block under § 10(7)(c) and refund within 14 days the balances paid for that block by the other Employers or, with the Coordinator's consent, perform the block to the extent of the sessions paid for. Cancellation under § 10(7) concerns the group order as a whole and is made by the Coordinator; the resignation of a single Employer is a change of the schedule made by the Coordinator.

Codes, surveys and the aggregate report operate separately for each Employer under § 10 and § 11; the Coordinator receives an aggregate report for the whole block without a breakdown by Employer, and each Employer receives a report on its own pool, with the threshold of 8 people. Employers in a group purchase can see each other's organisation and billing data from the order and the session schedule; they do not see the Codes, entries or surveys of other Employers' employees.

§ 11. Participant with a Code

A Participant uses the Room and WZMOCNIA Online on the basis of a Code, without creating an Account or installing an app. The message with the Code contains a link to the Terms and the Privacy Policy; first use of the Code means acceptance of the rules in § 3, § 4 and § 9. Participation is voluntary and may not be a condition of employment, appraisal or pay; NIHILI does not confirm to the Employer who used a Code.

A Participant may complete a survey of three short self-assessment questions before entry, after leaving and after a week. Completion is voluntary and any question may be skipped; answers are saved under the Code, without a name, and reach the Employer only in the aggregate form described in § 10. The questions do not concern health, and NIHILI does not use the answers to draw conclusions about health or to assess a person.

A Participant may at any time stop using the Code and request deletion of the data saved under it by writing from the phone number or e-mail address to which the Code was sent.

§ 12. Site Hosts and the Facility specification

The purchase of the Facility and its financing are governed by the supply agreement. The licences included with the Facility, including its inclusion in the wzmocnia.pl calendar and in the WZMOCNIA Charter and NOOSTEAD networks, are set out in the WZMOCNIA Licence Terms — without signing an agreement. Charter orders, stays bought on wzmocnia.pl at the Host's Facility and NIHILI's settlements with the Host are governed by the WZMOCNIA Charter and Booking Terms (wzmocnia.com/regulamin-charteru-i-rezerwacji, in Polish), accepted in the panels. The Terms cover use of the panel on wzmocnia.com: the Facility calendar, slots released for online sale, charter windows (Charter Days) in which the Facility accepts NIHILI charter orders, confirming or rejecting orders for other dates, and Codes for guests.

The Host sells stays to its guests in its own systems and under its own booking policy; guests' money does not pass through the website. For slots sold online by NIHILI the Host receives remuneration under the WZMOCNIA Charter and Booking Terms.

The specification form on wzmocnia.com (wzmocnia.com/specyfikacja, in Polish) allows you to prepare a specification of a WZMOCNIA WA1.6 Facility — choose equipment and options, the form of financing and the delivery location, and enter the details of the ordering party and the contact person — and print it or save it as a PDF. The website does not save the specification or the data entered; after a tax ID (NIP) is entered, the form may retrieve the company's name and address from the public VAT taxpayer register (Privacy Policy, § 5). The specification is not an order, an offer within the meaning of the Polish Civil Code or a contract, and creates no obligation to pay; binding terms are set out in the Facility supply agreement concluded separately.

§ 13. Prices and payments

Prices on wzmocnia.pl are gross prices in Polish złoty. Prices on wzmocnia.com for Employers and Hosts are net prices and are increased by VAT at the rate applicable on the invoice date. When selling on wzmocnia.pl a package of hours or several sessions in WZMOCNIA Rooms, NIHILI may reduce the package price by up to 30% compared with the sum of the single-stay prices in the price list valid at the time of purchase; the reduced price is shown before the order is placed.

Online payments on wzmocnia.pl and the deposit for blocks paid online on wzmocnia.com are handled by Stripe Payments Europe, Ltd. (card, BLIK, instant transfer); NIHILI neither receives nor stores card data. Until further notice the deposit paid online is credited to an account kept by Stripe for PILOT P.S.A., which accepts it in the name and on behalf of NIHILI; the name PILOT P.S.A. may appear on the payment page and on your statement, and payment to that account is payment to NIHILI. Available payment methods are shown before the order is placed. Invoices and receipts are issued in accordance with the law; the Customer agrees to receive electronic invoices at the e-mail address provided.

Refunds are made using the same payment method, unless the Customer expressly agrees to another method that involves no cost for them.

§ 14. Complaints and conformity of digital content with the contract

Complaints about the websites, WZMOCNIA Online, tickets and stays may be submitted by e-mail to mail@wzmocnia.com or in writing to NIHILI's registered office. A complaint should contain data identifying the contract (e-mail address, order number or Code), a description of the objections and the request.

NIHILI responds to a complaint within 14 days of receipt, on a Durable medium. No response within this period means that a Consumer's complaint is accepted. Complaints about stays bought at the Host's reception are handled by the Host; NIHILI forwards such complaints to the Host and informs the complainant.

Failure to supply digital content or a digital service: if NIHILI does not provide access without delay after the contract is concluded, the Consumer calls on NIHILI to provide it, and after an unsuccessful call may withdraw from the contract; where it follows from NIHILI's statement or the circumstances that access will not be provided, the Consumer may withdraw without such a call.

Lack of conformity: NIHILI is liable for the conformity of WZMOCNIA Online with the contract under Chapter 5b of the Consumer Rights Act — for one-off access for 2 years from supply, for a subscription for its entire duration. The Consumer may demand that conformity be restored; if this is impossible or NIHILI does not do so within a reasonable time, the Consumer may make a statement reducing the price or withdraw from the contract (withdrawal is not available where the lack of conformity is immaterial). The refund is made within 14 days of receiving the statement.

§ 15. Right of withdrawal from a distance contract

A Consumer who has concluded a distance contract may withdraw from it without giving reasons within 14 days of concluding the contract — subject to the exceptions below. Sending the statement before the deadline, by e-mail to mail@wzmocnia.com, in writing or via the withdrawal form in the Account, is sufficient. The form in the annex may be used but is not mandatory. NIHILI confirms receipt of the statement by e-mail.

The right of withdrawal does not apply: (a) to a contract for the supply of a single WZMOCNIA Online programme (digital content) if playback started with the Consumer's express consent, given before the withdrawal period expired, after they were informed of losing the right and were sent a confirmation on a Durable medium; (b) to a contract for a WZMOCNIA Retreat ticket as a leisure-related service with a specified day and hour of performance; (c) to a contract for a service which NIHILI has fully performed with the Consumer's express consent, the Consumer having been informed before performance began that they would lose the right of withdrawal once it was performed, and having acknowledged this.

Effects of withdrawal: NIHILI refunds all payments received without delay, no later than 14 days after receiving the statement, using the same payment method. If the Consumer expressly requested that the subscription begin before the withdrawal period expired, they pay for the part of the period up to the moment of withdrawal, in proportion to the price; they bear no costs if NIHILI did not inform them of the right of withdrawal or did not obtain an express request to begin.

The right of withdrawal and the refund provisions also apply to a sole trader who is a natural person, where the contract is not of a professional nature for them.

§ 16. Out-of-court dispute resolution

A Consumer may use out-of-court methods of handling complaints and pursuing claims: the assistance of a district (municipal) consumer ombudsman, mediation at a voivodeship inspectorate of the Trade Inspection, the permanent arbitration court at the Trade Inspection, and consumer organisations (e.g. the Polish Consumer Federation). Information: uokik.gov.pl.

NIHILI agrees to take part in out-of-court consumer dispute resolution proceedings conducted by the Voivodeship Inspectorate of the Trade Inspection in Warsaw (wiih.org.pl).

§ 17. Liability

NIHILI is liable towards Customers under mandatory provisions of law; nothing in the Terms limits that liability. NIHILI is liable for its own acts and omissions and for the persons it uses to perform a ticket sold online, including the Host as regards making the Room available. NIHILI is not liable for the absence of a result of a stay or of listening, because it does not promise a result (§ 3).

Towards Employers and Hosts, subject to § 10(1), NIHILI's liability for non-performance or improper performance of the contract is limited to the remuneration for the block or service to which the damage relates and does not include lost profits, unless the damage results from wilful misconduct; in a group purchase — to the part paid by the given Employer, and as regards the session schedule liability is excluded in accordance with § 10a. As regards the licences included with the Facility, NIHILI's liability towards Hosts is governed exclusively by the WZMOCNIA Licence Terms; as regards charter orders and stays bought on wzmocnia.pl — by the WZMOCNIA Charter and Booking Terms; and as regards the Facility itself — by the supply agreement. During the stay at the Employer's premises the Facility is covered by NIHILI's property and liability insurance; the scope is set out in the agreement.

NIHILI is not a party to contracts for stays sold by the Host at reception or to contracts for hotel services (accommodation, meals) which the Customer concludes directly with the Host, and is not liable for their performance.

§ 18. Intellectual property

The WZMOCNIA and NOOSTEAD signs, including the names WZMOCNIA Online, WZMOCNIA Retreat and WZMOCNIA Charter, audio programmes, texts, visualisations and the layout of the websites belong to NIHILI or are used under licence. Using the websites transfers no rights beyond the licence in § 7 and the licences included with the Facility under the WZMOCNIA Licence Terms.

Publications on wzmocnia.org may be quoted with attribution; the licence for further use is stated with each publication.

§ 19. Changes to the Terms and changes to digital services

NIHILI may amend the Terms only for important reasons: changes in the law or its interpretation by courts or authorities, introduction of a new service or a new form of payment, the need to remove a gap or ambiguity, safety reasons. NIHILI announces a change on the website and by e-mail to Account holders at least 14 days before it takes effect, indicating the scope of the changes.

A change does not affect contracts concluded before it takes effect (tickets, access paid for a fixed period, confirmed blocks). A Customer who does not accept a change may terminate the Account contract or subscription with effect on the date the change takes effect.

A change to a digital service (subscription) that is not necessary to maintain conformity with the contract is possible only for the reasons stated above, at no additional cost to the Consumer, with prior information on a Durable medium. If the change materially and adversely affects access or use, the Consumer may terminate the contract without notice within 30 days of the change being made or of being informed of it.

§ 20. Final provisions

Polish law applies. The choice of law does not deprive a Consumer habitually resident in another country of the protection afforded by the provisions of that country which cannot be derogated from by agreement. Disputes with Employers and Hosts, subject to § 10(1), are resolved by the court competent for NIHILI's registered office.

The Terms are available in Polish and English. A contract is concluded in the website language in which the Customer placed the order, and the Customer may rely on it in that language; the Polish version serves only to resolve doubts about the meaning of the translation and may not be applied to the Consumer's detriment.

Information on the processing of personal data: Privacy Policy, available in the footer of every page.

The Terms apply in the version stated at the beginning of the document, from the date of its publication on the website, until revoked. NIHILI provides earlier versions of the Terms on request.