Terms of Service

CosmoTips – Personalised Horoscope Application

Version 1.0 | Effective date: 1 May 2025

1. SERVICE PROVIDER

The CosmoTips application (hereinafter: the "Application") is operated by Wojciech Wątor conducting business under the trade name Wojciech Wątor Invest, registered in the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland, maintained by the minister responsible for economic affairs.

Contact details:

Registered address: ul. Królowej Jadwigi 11 lok. 6, 30-202 Kraków, Poland

E-mail: contact@cosmotips.eu

NIP (Tax ID): 9442267851

REGON: 526539000

The Service Provider is the data controller of personal data processed in the Application in connection with the implementation of these Terms. Personal data is processed for the purposes, duration and on the basis described in the Privacy Policy published within the Application and on our website.

2. DEFINITIONS

For the purposes of these Terms, the following definitions shall apply:

APPLICATION – the CosmoTips mobile/web application available on iOS, Android and via browser, enabling Users to generate personalised astrological reports delivered by e-mail.

REPORT – a personalised digital document (PDF or equivalent) containing astrological content generated for the User based on the data provided (e.g. date, time and place of birth), delivered electronically to the User's e-mail address.

SERVICE – any digital service made available by the Service Provider within the Application, including but not limited to the generation and delivery of Reports.

USER / CONSUMER – any natural person, legal person or unincorporated entity that uses or intends to use the Application. Where the context requires a distinction between consumers and business users, explicit reference is made.

SUBSCRIPTION – a recurring paid plan granting the User access to Reports or other features of the Application for a defined period (weekly, monthly or annual).

STRIPE – Stripe, Inc. (or its European entity Stripe Payments Europe, Limited), the third-party payment service provider processing payments within the Application.

DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act).

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.

CONSUMER RIGHTS DIRECTIVE – Directive 2011/83/EU as amended, transposed into Polish law by the Act of 30 May 2014 on Consumer Rights.

WORKING DAY – any day from Monday to Friday, excluding public holidays in Poland.

ILLEGAL CONTENT – information that, either by itself or by reference to an activity, is not in compliance with EU law or the law of any EU Member State, regardless of the subject matter or nature of that law, as defined in Article 3(h) DSA.

3. NATURE OF THE SERVICE AND DISCLAIMER

The Application provides personalised astrological and horoscope content generated on the basis of information provided by the User (birth date, time, and place). Reports are delivered exclusively by e-mail to the address specified by the User.

IMPORTANT DISCLAIMER: The content of any Report is provided solely for entertainment and informational purposes. CosmoTips does not represent, warrant or guarantee that astrological content is scientifically accurate, factually correct or predictive of future events. The Service does not constitute psychological, medical, legal, financial or other professional advice. Users should not make significant life decisions based solely on Report content.

The Application is intended for users aged 18 and over. By using the Application you confirm that you are at least 18 years of age.

4. ELECTRONIC SERVICES AVAILABLE IN THE APPLICATION

4.1 User Account

Creating an account requires: (1) completing the registration form; (2) clicking "Create Account"; and (3) confirming your e-mail address via the link sent automatically. Required fields: full name, e-mail address, password, date/time/place of birth (for report generation).

Account services are provided free of charge for an indefinite period. You may delete your account at any time without giving a reason by contacting: contact@cosmotips.eu.

4.2 Order Form / Report Purchase

A purchase is completed by: (1) selecting a Report type or Subscription; (2) providing birth data and e-mail address; (3) completing payment via Stripe; and (4) clicking "Confirm Purchase". The Report is delivered to the specified e-mail address within the timeframe stated in Section 6.

4.3 Newsletter

Users may subscribe to the newsletter by providing their e-mail address and clicking "Subscribe". Subscription is free and may be cancelled at any time by clicking "Unsubscribe" in any newsletter or by contacting contact@cosmotips.eu.

4.4 Technical Requirements

To use the Application you need: (1) a device with internet access; (2) an up-to-date web browser (Chrome, Firefox, Safari, Edge) or the CosmoTips mobile app; (3) an active e-mail account; and (4) JavaScript enabled.

5. CONCLUSION OF THE AGREEMENT & PURCHASE PROCESS

The sale agreement is concluded at the moment the User receives a confirmation e-mail from the Service Provider after completing payment. That e-mail constitutes confirmation of the agreement and includes: order summary, Report type, price paid, expected delivery time, and information on the right of withdrawal.

All prices shown in the Application are in the currency displayed at checkout and include applicable taxes (VAT). Total costs including any applicable taxes are disclosed before the User confirms the purchase.

The Service Provider reserves the right to refuse or cancel an order in exceptional circumstances (e.g. suspected fraud), in which case the User will be fully refunded.

6. PAYMENT – STRIPE

6.1 Payment Methods

Payments are processed exclusively through Stripe. Available methods include: credit/debit cards (Visa, Mastercard, American Express), Apple Pay, Google Pay, and other methods available in Stripe's checkout depending on your region.

6.2 Payment Processing

By completing a purchase you agree to Stripe's Terms of Service and Privacy Policy (available at stripe.com). The Service Provider does not store your card details; all payment data is handled directly by Stripe in accordance with PCI-DSS standards.

6.3 Subscriptions & Recurring Billing

If you purchase a Subscription, you authorise Stripe to charge your payment method automatically at the start of each billing period. You will be notified by e-mail before any renewal charge. You may cancel your Subscription at any time via your Account settings; cancellation takes effect at the end of the current billing period and no further charges will be made.

6.4 Payment Deadlines

One-time Report purchase: payment must be completed at checkout.

Subscription: charged automatically at the beginning of each billing cycle.

6.5 Failed Payments

If a payment fails, we will notify you by e-mail. Access to Subscription features may be suspended until payment is successfully collected.

7. REPORT DELIVERY

Reports are delivered exclusively by e-mail to the address provided at checkout. Delivery timeframes:

Standard Report: within 30 minutes of confirmed payment (during normal operating hours).

Maximum delivery time: 24 hours from confirmed payment.

If you do not receive your Report within 24 hours, please check your spam/junk folder before contacting support. If the issue persists, contact us at contact@cosmotips.eu and we will re-send your Report or issue a refund.

Delivery is available worldwide. The Report is a digital product delivered electronically; there are no physical shipping costs.

8. RIGHT OF WITHDRAWAL (CONSUMERS)

8.1 General Right

As a consumer you have the right to withdraw from the agreement within 14 calendar days without giving any reason, in accordance with Directive 2011/83/EU and Polish consumer law.

8.2 Important Exception – Digital Content

In accordance with Article 16(m) of the Consumer Rights Directive, YOU EXPRESSLY LOSE YOUR RIGHT OF WITHDRAWAL once the Service Provider has fully performed the service (i.e. the Report has been generated and delivered to your e-mail) and you have acknowledged before purchase that you will lose this right upon delivery. This acknowledgement is obtained via a checkbox during the purchase process.

If you did NOT receive your Report (e.g. due to a delivery failure), you retain your full right of withdrawal.

8.3 How to Exercise Your Right of Withdrawal

To withdraw, send a clear statement to contact@cosmotips.eu or by post to: ul. Królowej Jadwigi 11 lok. 6, 30-202 Kraków, Poland. You may use the model withdrawal form in Section 14, but it is not mandatory.

8.4 Refunds

If withdrawal is validly exercised, we will refund all payments received within 14 calendar days of receiving your withdrawal notice, using the same payment method as used for the original transaction (via Stripe), unless you explicitly agree to a different method.

8.5 Withdrawal Form

A model withdrawal form is included in Section 14 of these Terms.

9. COMPLAINTS PROCEDURE

Complaints may be submitted by:

E-mail: contact@cosmotips.eu

Post: ul. Królowej Jadwigi 11 lok. 6, 30-202 Kraków, Poland

Your complaint should include: (1) a description of the issue and when it occurred; (2) your order number or registered e-mail; (3) what remedy you are requesting. These are recommendations and do not affect the validity of a complaint submitted without them.

The Service Provider will respond to complaints within: 14 calendar days (consumers), 30 calendar days (business users).

The Service Provider's statutory liability for the conformity of digital content with the agreement is governed by: Articles 43h–43q of the Polish Act on Consumer Rights (as amended from 1 January 2023), implementing Directive (EU) 2019/770 on contracts for the supply of digital content and digital services.

10. OUT-OF-COURT DISPUTE RESOLUTION (EU)

Consumers in the European Union have access to out-of-court dispute resolution mechanisms, including:

The EU Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr

The Polish Office of Competition and Consumer Protection (UOKiK) ADR point: https://polubowne.uokik.gov.pl

The UOKiK contact centre: tel. +48 22 55 60 332 / 333; e-mail: kontakt.adr@uokik.gov.pl

Consumer Federation helpline: 801 440 220 (Working Days 8:00–18:00 CET); e-mail: porady@dlakonsumentow.pl

Use of these procedures is voluntary and does not prejudice the right to seek judicial redress. The Service Provider is obliged to participate in out-of-court dispute resolution in cases where such obligation exists under applicable law.

11. INTELLECTUAL PROPERTY & LICENCE

All intellectual property rights in the Application, including software, design, trademarks, and Report content templates, belong to the Service Provider or its licensors.

Upon purchase, you are granted a personal, non-exclusive, non-transferable, non-sublicensable licence to use the Report for personal, non-commercial purposes only. You may not: reproduce, distribute, publicly display, modify, reverse-engineer or otherwise exploit the Report or any part of the Application commercially without prior written consent.

12. ILLEGAL CONTENT & DIGITAL SERVICES ACT COMPLIANCE

12.1 Single Point of Contact (DSA Art. 11)

The designated single point of contact for DSA purposes is: contact@cosmotips.eu. Communication languages: English and Polish.

12.2 Reporting Illegal Content (DSA Art. 16)

Any person or entity may report the presence of Illegal Content in the Application by sending a notice to contact@cosmotips.eu. The notice should include:

A sufficiently substantiated explanation of why the information is considered Illegal Content.

A precise electronic location (URL or equivalent identifier) of the content.

Your name/organisation and e-mail address (unless reporting CSAM-related content).

A good-faith statement that the information and allegations are accurate and complete.

Notices that meet these requirements constitute "actual knowledge" for the purposes of Article 6 DSA. The Service Provider will acknowledge receipt and notify you of its decision and available appeal options without undue delay.

12.3 Content Moderation

The Service Provider moderates user-generated content (e.g. reviews) in good faith and with due diligence, either manually or using automated tools. Users will be informed of any moderation decisions and may appeal in accordance with the complaints procedure in Section 9.

12.4 User Obligations Regarding Content

When submitting any content (e.g. reviews, feedback), users must:

Comply with applicable law and these Terms.

Not submit Illegal Content or false information.

Not send unsolicited commercial communications (spam).

Respect intellectual property rights of others.

Not submit content that is vulgar, offensive or harassing.

13. DATA PROTECTION (GDPR)

The Service Provider processes personal data as data controller in accordance with GDPR and applicable Polish data protection law. The lawful bases for processing include: performance of a contract (Art. 6(1)(b) GDPR), legal obligation (Art. 6(1)(c)), and legitimate interests (Art. 6(1)(f)).

Categories of data processed: name, e-mail address, birth date/time/place (for Report generation), payment confirmation data (no card details stored), and Application usage data.

Your rights under GDPR include: right of access, rectification, erasure ("right to be forgotten"), restriction of processing, data portability, and the right to object. To exercise these rights contact: contact@cosmotips.eu. You also have the right to lodge a complaint with your national data protection supervisory authority (in Poland: UODO, uodo.gov.pl).

Full details are set out in our Privacy Policy available at: cosmotips.app/privacy

14. SPECIFIC PROVISIONS FOR BUSINESS USERS

This Section applies solely to Users who are not consumers (i.e. who purchase the Service in connection with their professional or commercial activity and for whom the purchase has a professional character).

The Service Provider's statutory liability for non-conformity of digital content is excluded to the maximum extent permitted by law.

Complaints will be responded to within 30 calendar days.

The Service Provider's aggregate liability is limited to the amount paid for the relevant Service, not exceeding PLN 1,000.

All disputes shall be subject to the exclusive jurisdiction of the court competent for the Service Provider's registered seat.

The Service Provider may terminate any service agreement with a business user immediately and without stating reasons.

15. FINAL PROVISIONS

Agreements concluded through the Application are in English. Where required by law, documents may also be provided in Polish.

15.1 Amendments to Terms

The Service Provider may amend these Terms for valid reasons, including: changes in applicable law; changes in payment or delivery conditions; regulatory obligations; changes in the scope of Services; or necessary measures against cybersecurity threats.

Notice of proposed changes will be given at least 15 days before entry into force (except where a legal obligation or urgent cybersecurity threat requires immediate change). Users with ongoing service agreements (e.g. Account, Subscription) may terminate their agreement before changes take effect. Continued use after the notice period constitutes acceptance of the changes.

If any amendment introduces new fees or increases existing fees, consumers have the right to withdraw from the agreement.

15.2 Governing Law

These Terms are governed by Polish law. For consumers, mandatory consumer protection provisions of the consumer's country of residence within the EU also apply in accordance with Rome I Regulation.

15.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.

16. MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the agreement)

To: Wojciech Wątor Invest, ul. Królowej Jadwigi 11 lok. 6, 30-202 Kraków, Poland; contact@cosmotips.eu

I/We () hereby give notice of my/our () withdrawal from the contract for the supply of the following digital content:

Report / Service ordered on: ___________________________

Order number / Transaction ID: ___________________________

Name of consumer(s): ___________________________

Address of consumer(s): ___________________________

E-mail address used for purchase: ___________________________

Signature (only for paper submissions): ___________________________

Date: ___________________________

(*) Delete as appropriate.

CosmoTips | contact@cosmotips.eu | cosmotips.app

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