TERMS OF USE OF THE WEBSITE

KHAOS LEGAL

§ 1. GENERAL PROVISIONS

1. These Terms set out the terms and rules for using the website available at https://khaos.legal, including its language versions, informational content, contact form, intro-call enquiry form, mechanism for indicating a preferred call time, company or organisation data verification functionality, where available, and other services provided electronically through the Website.

2. The owner and administrator of the Website, and the entity conducting activity using the designation “KHAOS Legal”, is the Service Provider.

3. The Terms are made available to Users free of charge in a manner that enables them to obtain, store and reproduce them.

4. Use of the Website is voluntary. The User should read the Terms before starting to use the Website and, if using the contact form or enquiry form, before sending it.

5. These Terms constitute terms for the provision of electronic services within the meaning of Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.

6. These Terms govern the use of the Website and Website Services. They do not replace an individual agreement for Advisory Services, engagement, power of attorney, engagement letter, general terms of cooperation or other arrangements individually agreed with the Client.

7. Information published on the Website, including descriptions of advisory areas, business decisions, articles, informational materials, examples, checklists or content in the insights section, is general and informational. It does not constitute legal, tax, financial, investment, regulatory or other individual advice or recommendation.

8. Sending a contact form or enquiry, indicating a preferred call time or receiving an organisational response does not constitute the conclusion of a contract, acceptance of a matter, provision of advice or creation of a client-adviser, client-lawyer or similar professional relationship.

9. The designation “KHAOS Legal” is a designation used by the Service Provider on the Website and in communications connected with the Website.

§ 2. DEFINITIONS

The following terms used in these Terms have the meanings set out below:

1) Service Provider or KHAOS – Karol Halak conducting business under the business name Praktyka Prawna Karol Halak i Współpracownicy, ul. Mehoffera 103 lok. 27, 03-158 Warsaw, Poland, NIP: 1182200336, REGON: 384544194, using the designation KHAOS Legal on the Website.

2) Client – a natural person, legal person or organisational unit without legal personality that contacts the Service Provider to obtain information about Advisory Services, conducts discussions with the Service Provider regarding potential cooperation, or has concluded or intends to conclude an Agreement.

3) Consumer – a natural person performing a legal act with an entrepreneur that is not directly connected with that person’s business or professional activity.

4) Sole trader with consumer rights – a natural person concluding an agreement with the Service Provider directly connected with that person’s business activity, where the content of the agreement shows that it is not of a professional nature for that person, in particular in light of the subject of that person’s business activity disclosed in CEIDG.

5) Privacy Policy – the Website privacy policy made publicly available on the Website.

6) Terms – these terms of use of the Website.

7) GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

8) Website – the website available at https://khaos.legal, including its language versions, subpages, forms and informational content published within the khaos.legal domain.

9) Enquiry Form or Contact Form – a form available on the Website enabling the User to send an enquiry to the Service Provider, including contact details, matter category, company or organisation identifier, description of the situation and preferred call time, where such functionality is available.

10) Website Services – free-of-charge services provided electronically through the Website, in particular making Website content available, enabling the User to send an Enquiry, indicate a preferred call time, use links and, where available, verify company or organisation data on the basis of an identifier provided by the User.

11) Advisory Services – legal, tax, business, regulatory, transactional, ownership-related or other advisory services offered by the Service Provider within the scope indicated on the Website or individually agreed with the Client.

12) Agreement – an agreement for Advisory Services or another agreement concluded between the Client and the Service Provider on terms agreed individually, in these Terms or in separate documents, messages or confirmations.

13) User – any person using the Website.

14) Enquiry – a message sent by the User to the Service Provider through the Enquiry Form, email or other available contact channels.

15) Force Majeure – an external extraordinary event that could not have been foreseen or prevented with due care, in particular a natural disaster, infrastructure failure, epidemic, state of emergency, armed conflict, cyberattack, fire, flooding, prolonged power outage or telecommunications-service outage.

§ 3. GENERAL PROVISIONS AND TECHNICAL REQUIREMENTS

1. The owner of the Website is the Service Provider:

a) correspondence address: Praktyka Prawna Karol Halak i Współpracownicy, ul. Mehoffera 103 lok. 27, 03-158 Warsaw, Poland;

b) NIP: 1182200336; REGON: 384544194;

c) email address: kh@khaos.legal

2. To use the Website functionalities properly, the following technical requirements must be met:

a) an Internet connection;

b) a device enabling the use of Internet resources;

c) an up-to-date web browser enabling the display of hypertext documents and supporting cookies and JavaScript;

d) an active email address, if the User uses the Enquiry Form or contacts the Service Provider electronically.

3. The Website is available to Users in a manner enabling them to browse its content, subject to technical breaks, failures, modernisation work and limitations resulting from the operation of external ICT service providers.

4. The User may use the Website only in accordance with the Terms, the law, good practice and the intended purpose of the Website.

5. Users are prohibited from using viruses, bots, worms, automation scripts or other code, files or programs that may disrupt the operation of the Website, compromise its security or infringe the rights of the Service Provider or third parties.

6. The Service Provider may develop, modify, temporarily disable or remove particular Website functionalities if this results from technical, organisational, legal, security-related or business-scope changes.

§ 4. PROVISION OF ELECTRONIC SERVICES

1. These Terms also constitute terms for the provision of electronic services within the meaning of Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services.

2. Through the Website, the Service Provider provides Users with free Website Services consisting of:

a) making Website content available at the individual request of the User;

b) enabling the User to send an Enquiry using the Enquiry Form;

c) enabling the User to indicate a preferred call time, where such functionality is available;

d) enabling the verification of company or organisation data on the basis of an identifier provided by the User, where such functionality is available;

e) enabling the use of links to publications, profiles, public registers, legal documents or other contact channels, where made available on the Website.

3. The agreement for the service consisting of making Website content available is concluded when the User starts using the Website and is terminated when the User leaves the Website.

4. The agreement for the service consisting of handling the Enquiry Form is concluded when the User starts using the form and is terminated when the form is sent or the User stops using the form.

5. The agreement for the service consisting of indicating a preferred call time or verifying company or organisation data is concluded when the User starts using the relevant functionality and is terminated when it is performed, when the User stops using it or when an error preventing its performance occurs.

6. The Service Provider provides Website Services in Polish and English, to the extent resulting from the available language versions of the Website.

7. The User may terminate the use of Website Services at any time by leaving the Website or ceasing to use the Enquiry Form or another functionality.

8. Use of the Website does not require creating a user account.

9. The Website is not used to make payments or conclude Agreements automatically, unless expressly indicated otherwise in relation to a given functionality.

§ 5. ENQUIRY FORM AND CONTACT

1. The User may send an Enquiry to the Service Provider through the Enquiry Form available on the Website, by email or through other contact channels made available by the Service Provider.

2. The Enquiry Form may include in particular the following fields: first name, last name, email address, company or organisation name, entrepreneur or organisation identifier, matter category, preferred date and time of the call, and a description of the decision, transaction, structure, risk or other situation to which the Enquiry relates.

3. Indicating a preferred date and time of the call is organisational only and does not mean automatic confirmation of the time. The call time requires confirmation by the Service Provider.

4. Sending an Enquiry is not equivalent to concluding an Agreement and does not oblige either the User or the Service Provider to conclude an Agreement. The Enquiry is intended to initiate contact, provide an organisational response, preliminarily assess the matter, provide information on the possible scope of further steps or agree the terms of potential cooperation.

5. The User should provide in the Enquiry Form only true, up-to-date data necessary to handle the Enquiry.

6. At the form-submission stage, the User should not provide excessive information, special categories of data, trade secrets, confidential documents, information subject to procedural or other strict deadlines or other particularly sensitive information unless this is necessary to understand the Enquiry.

7. The Service Provider may respond to the Enquiry through the contact channel selected or provided by the User, in particular by email.

8. The Service Provider may refuse to respond to an Enquiry or delete a message if it contains unlawful content, offensive content, content infringing third-party rights, spam, malware, content unrelated to the Service Provider’s activity or information provided in a manner preventing safe or lawful handling of the Enquiry.

§ 6. NATURE OF WEBSITE INFORMATION AND NO INDIVIDUAL ADVICE

1. Content made available on the Website is general, informational and marketing in nature. It does not constitute individual analysis, opinion, legal, tax, financial, investment, regulatory, compliance or other professional advice.

2. Website content may not take into account all circumstances of a specific matter, the User’s current factual situation, individual documents, jurisdictions, changes in law, authority practice, interpretations or case law after the publication date.

3. The User should not make legal, tax, business, investment, regulatory or transactional decisions solely on the basis of Website content.

4. A response to an Enquiry, preliminary conversation, intro call or organisational communication conducted before an Agreement is concluded is preliminary and does not constitute individual advice unless the Parties expressly agree otherwise under an Agreement.

5. Use of the Website, sending an Enquiry, receiving a response or holding a preliminary call does not create a client-adviser relationship, client-lawyer relationship, power of attorney, engagement or other professional relationship unless the Parties conclude a separate Agreement.

6. Acceptance of a matter may require, in particular, determining the scope of the matter, fee terms, conflict-of-interest verification, performance of AML/KYC obligations, obtaining documents and acceptance of the engagement by the Service Provider.

7. The Website is not intended for serving court pleadings, official letters, notices requiring compliance with a deadline, documents requiring a qualified electronic signature or other actions for which the law requires a special form or a special communication channel.

§ 7. ADVISORY SERVICES AND CONCLUSION OF AN AGREEMENT

1. The Service Provider may offer Advisory Services in particular in the areas of law, tax, business structures, ownership, transactions, investments, regulated activity, AML, technology projects, blockchain, dual-use, export controls, ownership risks, liability and other areas indicated on the Website or individually agreed.

2. Information on Advisory Services, areas of activity, typical situations, possible working methods, availability or the contact process published on the Website is informational, unless expressly indicated otherwise in relation to specific information.

3. Information on the Website does not constitute an offer within the meaning of the Polish Civil Code unless its content expressly indicates otherwise.

4. An Agreement is concluded after the material terms of cooperation have been individually agreed, in particular the scope of the matter, fee, settlement method, deadlines, persons involved, communication rules, documents needed to perform the service and any special conditions.

5. The terms of an Agreement may be agreed in particular in documentary form, by email, in a separate document, confirmation, engagement, engagement letter or in another manner permitted by law.

6. Before concluding an Agreement, the Service Provider may request additional information, documents, Client identification, beneficial-owner data, information needed to assess conflict of interest, AML/KYC risk, sanctions, scope of the matter, deadlines or the ability to perform the service.

7. The Service Provider may refuse to conclude an Agreement or perform an Advisory Service in particular if the matter is outside the Service Provider’s scope of activity, there is a conflict of interest, legal, ethical, organisational, sanctions, AML/KYC or compliance obstacles arise, the User does not provide information necessary to assess the matter, or the Service Provider cannot accept the matter for other justified reasons.

8. Deadlines for performing Advisory Services run only on the terms agreed in the Agreement. Sending an Enquiry or holding an intro call alone does not start the deadline for performing an Advisory Service.

9. If the Parties conclude a separate Agreement, engagement letter, power of attorney, cooperation terms, general terms of service or other arrangement, those documents prevail over these Terms in relation to Advisory Services unless the Parties expressly agree otherwise.

§ 8. FEES AND PAYMENTS

1. Use of the Website and Website Services is free of charge unless expressly indicated otherwise in relation to a given functionality.

2. Advisory Services may be paid. The fee, settlement method, currency, payment deadline and other financial terms are agreed individually with the Client.

3. Information on possible cooperation models or indicative settlement rules, if published on the Website, is informational unless expressly indicated otherwise.

4. The basis for payment for Advisory Services is an Agreement, order, confirmation, invoice, bill or another document or communication agreed by the Parties.

5. The date of payment is the date on which the Service Provider’s bank account is credited or the payment is received in another agreed manner.

6. If the Website in the future enables electronic payments or payments through an external payment operator, the rules for using such payments will result from the information provided to the Client before payment is made and from the terms of the relevant payment operator.

7. In the event of late payment, the Service Provider may take steps to recover receivables, including sending reminders, payment demands, pursuing statutory interest or other amounts provided for by law or the Agreement, and referring the matter to appropriate entities supporting the recovery of receivables.

§ 9. COMPLAINT PROCEDURE

1. The User has the right to submit a complaint in matters connected with the operation of the Website, the Enquiry Form, Website Services or Advisory Services, unless a separate Agreement provides for a different complaint or reporting procedure.

2. A complaint may be submitted by email to kh@khaos.legal or in writing to the Service Provider’s correspondence address.

3. The complaint should include at least:

a) the first name and last name or name of the complainant;

b) an email address or other address for reply;

c) a description of the event giving rise to the complaint;

d) the complainant’s request, if it can be determined;

e) information enabling identification of the service, functionality, communication or Agreement to which the complaint relates, if the complaint concerns a specific matter.

4. If the complaint does not contain information enabling it to be considered, the Service Provider may ask the complainant to supplement it.

5. The Service Provider responds to the complaint within 14 days of receipt, and if the matter requires additional explanations – within no more than 30 days of receipt of the complaint.

6. The response to the complaint will be sent to the email address, correspondence address or other address indicated by the complainant.

7. The provisions of these Terms do not limit the rights of Consumers or Sole traders with consumer rights arising from mandatory provisions of law.

§ 10. RIGHT OF WITHDRAWAL FROM AN AGREEMENT

1. A Client who is a Consumer or Sole trader with consumer rights and who concluded an Agreement remotely or off-premises may withdraw from the Agreement within 14 days without giving any reason, unless under the law the right of withdrawal does not apply or has expired.

2. The withdrawal period for a service agreement begins on the date the Agreement is concluded.

3. A withdrawal statement may be submitted by email to kh@khaos.legal or in writing to the Service Provider’s correspondence address.

4. To meet the deadline, it is sufficient to send the statement before its expiry.

5. If the Client requests that performance of the service begin before the withdrawal period expires and then withdraws from the Agreement, the Client is obliged to pay for the services performed until withdrawal, proportionally to the scope of the service performed, where this results from applicable law.

6. The right of withdrawal from an Agreement does not apply in particular to a service agreement if the Service Provider has fully performed the service with the Client’s express prior consent and the Client was informed before performance began that after the Service Provider performs the service the Client will lose the right of withdrawal.

7. In the case of digital content or digital services not supplied on a tangible medium, the right of withdrawal may not apply or may expire on the terms set out in the Polish Consumer Rights Act if performance began with the Client’s express consent and after the Client had been informed of the consequences of that consent.

8. The right of withdrawal from an Agreement does not apply to the mere use of the Website or sending an Enquiry, because these actions do not create a payment obligation for the User.

9. The provisions of this section apply only to the extent that mandatory consumer-law provisions apply.

§ 11. INTELLECTUAL PROPERTY RIGHTS

1. All content, Website layout, graphics, trademarks, designations, visual-identification elements, texts, articles, informational materials, checklists, diagrams, studies and other materials available on the Website or provided to the Client as part of Advisory Services are protected by copyright or other intellectual property rights vested in the Service Provider or third parties.

2. The User may use Website content only for the User’s own use, including internal organisational use, within the scope resulting from the purpose for which it was made available and in accordance with the law.

3. It is prohibited to copy, modify, distribute, publish, make available to third parties, sell, place on the market or commercially use the Service Provider’s content or materials without the Service Provider’s prior consent, except in cases provided for by mandatory provisions of law.

4. Materials provided to the Client as part of Advisory Services may be used only within the scope resulting from the Agreement, the purpose for which they were provided or separate arrangements between the Parties.

5. The User is prohibited from providing through the Website content that is unlawful, contrary to principles of social coexistence, good practice, third-party rights or the good name of the Service Provider.

§ 12. MODERNISATION WORK

1. The Service Provider may periodically suspend or limit the availability of the Website in the event of a failure, error, defect, the need to carry out modernisation or repair work, actions of ICT service providers or the occurrence of Force Majeure.

2. The Service Provider will make efforts to carry out modernisation work in a manner that is as little burdensome for Users as reasonably possible.

3. If planned modernisation work may cause longer unavailability of the Website, the Service Provider may inform Users through an appropriate notice on the Website.

§ 13. USER OBLIGATIONS

1. The User must use the Website in accordance with the Terms, the law, good practice and the intended purpose of the Website.

2. It is prohibited to undertake actions that may hinder, destabilise or disrupt the operation of the Website.

3. It is prohibited to undertake actions that may violate the privacy of other persons, in particular by unauthorised obtaining, processing or dissemination of information about other persons.

4. It is prohibited to undertake actions consisting of mass, automated or contrary-to-purpose sending of forms, enquiries, technical requests or other communications.

5. The User is responsible for the truthfulness and accuracy of data provided to the Service Provider and for the content of messages sent.

6. The User should secure the User’s device, email and other communication channels against access by unauthorised persons, in particular if the User uses them to contact the Service Provider or provide information concerning a potential matter.

§ 14. LIABILITY RULES

1. The Service Provider is liable for non-performance or improper performance of obligations on the terms set out in generally applicable law.

2. The Service Provider is not liable for damage caused by the User’s use of the Website contrary to the Terms, the law or the intended purpose of the Website.

3. The Service Provider is not liable for periodic inability to use the Website if this results from reasons beyond the Service Provider’s control, in particular actions of external ICT service providers, network failures, Force Majeure or actions of third parties that the Service Provider could not prevent with due care.

4. The Service Provider is not liable for decisions made by the User solely on the basis of general content made available on the Website, without obtaining individual advice or analysis taking into account a specific factual situation.

5. The Service Provider does not guarantee that Website content will correspond to every individual situation of the User, that it will be up to date at every moment after publication or that it will take into account all possible interpretations, authority positions, case law or market practice.

6. If the Website enables verification of company or organisation data on the basis of public registers or external data, the Service Provider is not liable for outdatedness, incompleteness, unavailability or error of data originating from those registers or external sources.

7. The Service Provider is not liable for the content, terms, privacy policies, availability, security or actions of entities operating external websites, registers, platforms, social media profiles or tools to which the Website links, subject to mandatory provisions of law.

8. Limitations of liability provided for in the Terms do not apply to Consumers or Sole traders with consumer rights to the extent they would be contrary to mandatory provisions of law.

§ 15. OUT-OF-COURT DISPUTE RESOLUTION

1. After the complaint procedure has been completed, the Consumer has the right to use out-of-court methods of complaint handling and claim pursuit if a given matter may be considered in such a procedure.

2. The Consumer may in particular apply to the locally competent regional inspector of the Trade Inspection for proceedings concerning out-of-court consumer dispute resolution or use the assistance of the competent municipal or district consumer ombudsman.

3. Information on entities authorised to conduct proceedings concerning out-of-court consumer dispute resolution and the register of those entities are available on the websites of the Polish Office of Competition and Consumer Protection.

4. Use of out-of-court methods of complaint handling and claim pursuit is generally voluntary, unless mandatory provisions of law provide otherwise.

§ 16. RISKS

1. The User, like every person using the Internet, may be exposed to risks connected with using the network, in particular malware, phishing, impersonation, account takeover, unauthorised access to data or information fraud.

2. To reduce risk, it is recommended to use an up-to-date operating system, up-to-date web browser, antivirus software, strong passwords, multi-factor authentication and caution when opening attachments and links.

3. The Service Provider applies technical and organisational measures to reduce the risk of security breaches of the Website, but there are no measures that entirely eliminate the risk connected with using the Internet.

§ 17. PERSONAL DATA PROTECTION

1. The Service Provider is the controller of the personal data of Users and Clients.

2. Personal data are processed in accordance with the GDPR and the rules described in the Privacy Policy made available on the Website.

3. In connection with the use of the Website and the Enquiry Form, in particular identification data, contact data, company or organisation data, registration identifiers, message content, preferred call time and technical information concerning the use of the Website may be processed.

4. Providing data in the Enquiry Form is voluntary, but failure to provide data necessary for contact or handling the Enquiry may prevent the Service Provider from responding to the Enquiry.

5. The User should read the Privacy Policy before providing personal data through the Website.

6. The User should avoid providing excessive data, special categories of data and particularly sensitive information unless this is necessary to understand the Enquiry.

§ 18. NOTICES

1. All statements or notices connected with the operation of the Website may be submitted to the Service Provider electronically to kh@khaos.legal or in writing to the Service Provider’s correspondence address.

2. The Service Provider may send responses and notices to the email address, correspondence address or other contact channel indicated by the User or Client.

3. The User is obliged to inform the Service Provider of any change in contact details if the change is relevant to the performance of an Agreement, complaint or other correspondence.

§ 19. FINAL PROVISIONS

1. The Terms serve as terms for the provision of electronic services and general terms for using the Website.

2. Matters not regulated by the Terms are governed by generally applicable provisions of Polish law, in particular the Polish Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act and personal-data protection provisions.

3. The Service Provider reserves the right to amend the Terms for important reasons, in particular in the event of changes in law, changes to Website functionalities, changes to the scope of Website Services or Advisory Services, changes to the Service Provider’s data, changes in technical conditions of Website operation or the need to clarify provisions of the Terms.

4. An amendment to the Terms enters into force on the date indicated by the Service Provider, not earlier than upon publication of the amended Terms on the Website, unless mandatory provisions of law require a different procedure.

5. An amendment to the Terms does not infringe acquired rights of Users and Clients, in particular it does not affect Agreements concluded before the amendment enters into force, unless the Parties decide otherwise and this is permitted by law.

6. The Privacy Policy forms an integral part of the information available on the Website.

7. If any provision of the Terms proves invalid, ineffective or unenforceable, this does not affect the validity of the remaining provisions of the Terms.

8. The Terms enter into force on the date of their publication on the Website.