PUBLIC OFFER
For the Provision of Services

This document constitutes a public offer and a public service agreement. Its provisions apply equally to all consumers.

Parental Control Kroha LLC, a company incorporated under the laws of Poland (hereinafter referred to as the “Company”), acting in accordance with applicable legislation and the general principles of contract law, hereby extends to any natural and/or legal person (hereinafter referred to as the “Consumer”) a public offer under the following terms:

1.1. A Public Offer is a proposal to conclude a public service agreement under the terms set out in this document, made by the Company and addressed to any legally capable individual.

1.2. A Public Agreement is a transaction of the established form for the provision of services concluded between the Company and the Customer on the terms of the Public Offer at the moment the Customer accepts its terms (hereinafter the "Agreement").

1.3. A Customer is a legally capable natural person or legal entity who receives services from the Company on the terms provided herein.

1.4. Acceptance is the full and unconditional consent of the Customer to conclude the Agreement with the Company on the terms of the Public Offer.

1.5. Personal rights are inherent and inalienable rights belonging to the Customer and third parties, ensuring the protection of their individuality, dignity, and privacy. In the interests of children, minors, and adults who, due to age or health, are unable to independently exercise their personal rights, such rights may be exercised on their behalf by parents (including adoptive parents), legal guardians, or trustees acting as the Customer under this Agreement.

1.6. Service is the right of the Customer to receive information on the Internet activity of persons whose parent, adoptive parent, guardian, or trustee is the Customer; the right to restrict the online presence of such persons; and the right to limit and control their contact with electronic devices. The Customer acquires these rights through an application created by the Company by installing such an application on appropriate electronic devices that meet technological requirements and standards.

2.1. The Parties agree to be guided by the applicable legislation and by their free expression of will in the performance of this Agreement.

2.2. The subject of the Public Offer is the Company’s intention to provide the Customer with services and receive payment for these services from the Customer within the terms provided herein.

2.3. The subject of the Agreement is the provision of services by the Company and the payment for these services by the Customer on the terms and in the manner established by the Public Offer.

2.4. The services shall be provided by the Company to the Customer on the basis of the Agreement, which is concluded between them by an act confirming consent with all provisions of the Public Offer and agreement to comply with its terms.

2.5. Consent with the provisions of the Public Offer shall be confirmed as follows: the Agreement shall be concluded by the Customer’s acceptance of the Public Offer, containing all essential terms of the Agreement, by means of electronic communication. A signed written form of the Agreement is not required.

2.6. Acceptance is considered complete and unconditional if the Customer who has received the offer to conclude the Agreement performs the action in accordance with the conditions specified in the offer, which certifies the Customer's desire to conclude the Agreement. This action constitutes acceptance of the offer and the actual conclusion of the Agreement.

2.7. Full and unconditional acceptance of the Offer by the Customer occurs at the moment he/she completes the registration form or pays for the Company’s services. A Customer who has accepted the Offer is deemed to have read and agreed to all the terms of the Agreement.

2.8. The Company has the right to provide a written form of the Agreement certified by the signature of the authorized person and the seal of the Company upon written request of the Customer.

2.9. The date of the Agreement conclusion is the date of the Company’s Public Offer acceptance by the Customer.

3.1. The Company provides the Service to the Customer under the terms of the Public Offer and the Agreement, in accordance with the Customer’s chosen service package.

3.2. The Company provides the Service to the Customer without interruption, except for cases stipulated herein.

3.3. The Service shall be provided subject to the following conditions:

3.3.1. the Company’s technical capability to provide the Customer with the ordered service according to the chosen service package;

3.3.2. full and unconditional acceptance by the Customer of the Public Offer and Agreement terms;

3.3.3. payment by the Customer for the Service in accordance with the chosen service package;

3.3.4. full legal and physical capacity of the Customer;

3.3.5. the Customer’s consent to the processing, collection, and storage of personal data during registration in the Company’s information and telecommunications system.

3.4. The Company has the right to terminate the Service provision in the following cases:
– if there are signs of violation of the Public Offer terms by the Customer;
– if there are signs of violation of the Agreement terms by the Customer;
– if there are signs of the Customer violating applicable legislation;
– if the Service is used by the Customer for unauthorized interference with the privacy of third parties;
– if the Service is used by the Customer in a manner that violates public safety.

3.5. The Customer has the right to familiarize himself/herself with the rules for obtaining, providing, and terminating the Service posted on the Company's official website https://kidsfinder.net and at Service sales points.

4.1. Receive Service that meets the technical requirements of the chosen service package.

4.2. Change the chosen service package with the consent of the Company.

4.3. Independently choose devices for the exchange of information with third parties whose parent, adoptive parent, guardian, or trustee is the Customer.

4.4. Change the service package by sending the appropriate Company application form via electronic communication.

4.5. To require the Company not to disclose the Customer’s personal and family information, except in cases provided for by applicable legislation.

4.6. To unilaterally terminate the Agreement in cases provided for by applicable legislation.

4.7. Change the devices to which the Service is assigned by submitting applications in writing or remotely using telephone communication or by filling out an interactive application form on the Company’s official website.

4.8. Accept the terms of the Agreement in the case of changing the service package provided by the Company.

4.9. Demand the free removal (in whole or in part) of information about him/her and family members from the electronic databases of the Company’s information services upon written application, in accordance with the procedure and conditions stipulated by current legislation.

4.10. To appeal the unlawful actions of the Company in accordance with applicable legislation.

5.1. Provide true, complete, and accurate information required to use the Company’s Service.

5.2. Pay for the Service of the Company in accordance with the chosen service package in a timely manner.

5.3. Connect the Service of the Company solely to the devices of persons whose parent, adoptive parent, guardian, or trustee is the Customer.

5.4. Compensate third parties and the Company for losses incurred as a result of the Customer's actions specified in clause 3.4 of the Public Offer.

6.1. Provide Service to the Customer in accordance with the chosen service package.

6.2. Request from the Customer information confirming the data provided in the registration form.

6.3. Demand timely and full payment for the Service in accordance with the chosen service package.

6.4. Terminate the provision of Service in the cases provided for in clause 3.4 of the Public Offer.

6.5. Change the scope and procedure of service provision no more often than once every 6 (six) calendar months.

6.6. Demand that the Customer compensate for losses incurred by third parties and the Company in connection with the Customer’s actions specified in clause 3.4 of the Public Offer.

6.7. To receive, collect, store, process, and use the Customer’s personal information in its own databases in accordance with applicable personal data protection legislation.

7.1. Properly provide the Service to the Customer in accordance with the chosen service package.

7.2. Inform the Customer about changes in the order and/or conditions of Service provision through the communication channels provided by the Customer.

7.3. Keep the Customer’s confidential data received for the proper provision of the Service in accordance with the chosen service package.

7.4. Inform the competent law enforcement authorities about the Customer's initiation of the conditions specified in clause 3.4 of the Public Offer.

7.5. Receive applications from the Customer in writing or remotely using communication means by phone or by filling out an online application form on the Company's official website when changing the devices to which the Service is connected.

7.6. Inform the Customer of the list of certified equipment that can be connected to the public telecommunications network (at the request of the Customer).

7.7. Warn the Customer about the reduction of the list of Services, temporary suspension or termination of Service provision, or disconnection of end equipment in the cases and in accordance with the procedure stipulated in the Public Offer and the Agreement, including in cases of non‑payment.

7.8. Inform the Customer about the period during which the provision of the Service may be terminated.

8.1. The Customer pays for the Service of the Company according to the chosen service package.

8.2. Payment shall be made by the Customer by transferring the cost of the Service to the bank account of the Company.

8.3. The moment of the Customer’s payment is the moment when funds are credited to the Company’s bank account.

8.4. Payment for the Service shall be carried out by the Customer once per calendar year from the moment the Service is connected by the Company.

8.5. In accordance with regulatory documents, the Company has the right to accept payment from the Customer independently or instruct other organizations to accept payments. The Company is not liable for the poor performance of organizations that accept payments from the Customer in the Company’s favor.

9.1. The Company has the right to collect and store personal data that the Customer provides when receiving services. This includes family name, first name, middle name, e‑mail, and other data that the Company needs to provide an appropriate level of services.

9.2. The Company uses personal data for the following purposes:

9.2.1. distributing information about any changes and updates to the services ordered by the Customer;

9.2.2. distributing information about new services of the Company;

9.2.3. distributing information about promotions and special offers of the Company;

9.2.4. organizing surveys and gathering the Customer’s opinion regarding the level of satisfaction with service quality, as well as gathering information about devices and methods of service usage by the Customer.

9.3. The Company has the right to use personal data to distribute information about products and services of its partners that are related to the Company’s services.

9.4. The Company does not share the Customer’s personal data with third parties except in the following cases:

9.4.1. distributing information to the Company’s suppliers in order to arrange the proper level of services for the Customer;

9.4.2. informing regulatory authorities about excessive use of services by the Customer;

9.4.3. necessity to protect the rights and property of the Company;

9.4.4. bankruptcy, reorganization, merger, acquisition, or transformation of the Company. In this case, personal data is considered a Company asset;

9.4.5. legal process for a legal successor or in case of transfer to another legal entity;

9.4.6. distributing information to third parties for processing the Customer’s legal requests of various forms;

9.4.7. other cases provided for by this Public Offer.

9.5. The Company has the right to collect and store personal data in order to verify the Customer’s identity. The Company remains responsible for storing such information in accordance with applicable legislation, including international regulations.

9.6. The Customer may refuse to receive information mentioned in clause 9.2 in the manner indicated by the Company in such messages.

9.7. The Company guarantees that during the use of services it applies all necessary technologies to protect the Customer’s personal data from illegal distribution, use, or theft.

9.8. The Company has the right to change the conditions of the Privacy Policy and send relevant notifications to the Customer by e‑mail or place this information in public sources such as the website. In case of disagreement, the Customer shall inform the Company in the manner indicated in such notification.

9.9. The Customer is responsible for updating personal data in case of any changes.

9.10. The Company has the right to use (according to clause 9.2) and store the Customer’s personal data for 1 year after discontinuation of service use.

9.11. In case of violation of the Privacy Policy by the Company, the Customer has the right to protect and restore his/her rights in accordance with the procedure and conditions indicated in this Public Offer.

9.12. A copy of our Privacy Policy is available here: https://kidsfinder.net/privacy-policy?lang=en.

9.13. The application uses background location services to determine the current location of the child.

10.1. To the maximum extent permitted by applicable legislation, the Company shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of business opportunities, reputational damage, or interruption of service, arising out of or in connection with the use or inability to use the Service, even if the Company has been advised of the possibility of such damages.

10.2. To the maximum extent permitted by applicable legislation, the total liability of the Company for any claims arising out of or relating to this Agreement or the use of the Service shall not exceed the amount paid by the Customer for the Service during the 1 (one) month preceding the event giving rise to the claim.

10.3. The limitations set forth in this section apply regardless of the legal theory on which a claim is based, including contract, tort, negligence, strict liability, or any other basis.

11.1. The Service is provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, including but not limited to warranties of accuracy, reliability, availability, uninterrupted operation, fitness for a particular purpose, non infringement, or compatibility with any specific devices, operating systems, or software.

11.2. The Company does not guarantee that the Service will operate without errors, delays, security breaches, data loss, or technical failures, nor that the Service will meet the Customer’s expectations or requirements.

11.3. The Customer acknowledges that the Service operates on third-party platforms, including Android and iOS. The Company is responsible for the proper functioning of the Service within the capabilities provided by these platforms. However, Android and iOS platform owners may unilaterally introduce technical limitations, restrictions, or changes that may affect the availability or functionality of certain Service features. The Company shall not be liable for limitations or disruptions caused by such third-party platform changes beyond the Company’s reasonable control.

12.1. The Company shall not be liable for any failure to perform or delay in performing its obligations under this Agreement if such failure or delay results from circumstances beyond the reasonable control of the Company, including but not limited to natural disasters, fires, floods, epidemics, pandemics, acts of war, terrorism, civil unrest, governmental restrictions, strikes, labor disputes, failures of telecommunications networks, power outages, or other events of a similar nature.

12.2. During the period of force majeure, the Company’s obligations shall be suspended. The Company shall resume the performance of its obligations as soon as reasonably practicable after the force majeure circumstances cease.

12.3. The Company shall notify the Customer of the occurrence of force majeure circumstances if such notification is reasonably possible.

13.1. If it is necessary to compensate for losses and/or apply other sanctions, the Party whose rights or legitimate interests are violated has the right to submit a claim to the other Party stating the losses incurred by third parties in connection with such violation.

13.2. The claim shall be considered by the other Party within 1 (one) calendar month from the date of receipt.

13.3. If the Party that has violated the property rights and/or lawful interests of the other Party does not respond to the claim within one month or refuses to fully or partially satisfy the demands, the other Party has the right to apply to the court in accordance with applicable legislation.

14.1. The Agreement is concluded between the Parties on the terms of the Public Offer, which has the force of the Agreement, in the manner and under the conditions stipulated by the Public Offer.

14.2. The Agreement enters into force from the moment of the Customer’s acceptance of the Public Offer in the manner stipulated herein and remains in effect for an indefinite period.

14.3. This Agreement shall be terminated in the following cases:
– termination of the service package due to expiration of the provision term;
– unilateral termination of the Agreement in the manner established by applicable legislation;
– violation of clause 3.4 of the Public Offer by the Customer;
– adoption of regulations that make it impossible to provide the Service;
– other cases provided for by applicable legislation.

15.1. This Agreement shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Poland.