Terms of Service

Last updated: January 16, 2025

1. General Provisions

These Terms of Service govern the use of PoAuto.pl operated by Softcrafter (Tax ID: 8691843690).

**BY USING THE SERVICE, YOU ACCEPT THESE TERMS IN THEIR ENTIRETY.**

PoAuto.pl is a classifieds platform enabling users to post and browse automotive listings.

**IMPORTANT:** The Service acts solely as a technological intermediary - facilitating contact between users. The Administrator is NOT a party to any transactions concluded between users.

Before using the Service, carefully read these Terms and the Privacy Policy.

2. Definitions

**Service / Platform** – PoAuto.pl website available at poauto.pl and all its subdomains

**Administrator / Operator** – Softcrafter, Tax ID: 8691843690, owner and operator of the Service

**User** – a natural person with full legal capacity (minimum 18 years), legal entity, or organizational unit without legal personality, using the Service

**Account** – a set of User resources and permissions in the Service, accessible after login

**Listing** – content added by a User containing information about a vehicle, parts, or automotive accessories for sale or exchange

**Seller** – User publishing a listing to sell a vehicle or service

**Buyer** – User browsing listings to purchase a vehicle or service

**Transaction** – all legal and factual activities between Users (sale, purchase, exchange, negotiations)

**User Content** – all data, information, texts, photos, graphics entered by the User into the Service

4. Account Registration

**Requirements:**
Using the full functionality of the Service (adding listings, sending messages) requires registration.

An account may only be created by an adult (18+) or an entity authorized to conduct business.

**Data required during registration:**
• Email address (serves as login)
• First and last name
• Phone number
• Password (min. 8 characters)

**User Obligations:**
• Providing truthful, current, and complete data
• Updating data in case of changes
• Maintaining password confidentiality
• Immediately informing the Administrator of suspected unauthorized account access

**Prohibitions:**
• Each User may have only one account
• Creating accounts with others' data is prohibited
• Sharing account with others is prohibited
• Using automated registration tools (bots) is prohibited

The Administrator reserves the right to verify User identity by requesting verification documents.

5. Listing Requirements

**Permitted categories:**
Listings in the Service may only concern:
• Passenger and commercial vehicles
• Trucks
• Motorcycles, scooters, quads
• Car and motorcycle parts
• Automotive accessories

**Formal requirements:**
• Each listing may concern only one vehicle or item
• Price must be stated in PLN (gross)
• Minimum 1 photo required (3-10 recommended)
• Photos must show the ACTUAL condition of the vehicle/item
• Using photos from the internet or other listings is prohibited
• Description must be factually accurate
• Location required (voivodeship, city)

**Prohibited listings:**
• Vehicles without valid registration documents (unless clearly marked "for parts")
• Stolen vehicles or those from criminal activity
• Vehicles subject to legal disputes
• Financial intermediary and leasing company offers (without Administrator consent)
• Listings containing contact data of competing companies
• Duplicates (multiple posting of the same listing)

**LIABILITY:**
User bears FULL RESPONSIBILITY for listing content and legal compliance.

6. Listing Duration and Management

**Display period:**
• Standard listing display time: **30 days** from publication
• After 30 days, listing is automatically deactivated
• User may renew listing through editing (at no additional cost)

**Listing management:**
• User may edit, deactivate, or delete listing at any time
• After selling vehicle, User is **OBLIGATED** to immediately remove listing
• Administrator may remove or modify listing violating Terms (without notice)

**Limits:**
• No limit on number of listings for private users
• Administrator reserves right to introduce limits in the future

7. Pricing and Payments

**Currently:**
Adding listings in the Service is **COMPLETELY FREE**.

**Future changes:**
Administrator reserves right to introduce:
• Paid premium features (listing highlighting, promotion)
• Fees for dealers and car dealerships
• Subscriptions for business users

Users will be notified of any pricing changes with **minimum 30 days' notice** via email and Service announcement.

Pricing changes do not affect already published listings (until end of their display period).

8. User Responsibility - KEY PROVISIONS

**⚠️ USER USES THE SERVICE ENTIRELY AT THEIR OWN RISK AND RESPONSIBILITY.**

**User bears SOLE and FULL responsibility for:**

**a) Listing content:**
• Truthfulness, reliability, and completeness of all information in listing
• Listing compliance with applicable law (civil code, competition protection act, etc.)
• Having legal title to sell vehicle (ownership, power of attorney)
• Actual vehicle condition matching description
• Accuracy of stated mileage, service history, technical data
• Disclosure of all defects, damage, and legal encumbrances of vehicle

**b) Transactions:**
• All negotiations, agreements, and transactions with other Users
• Correctness of sales documentation (purchase agreement, handover protocol)
• Transfer of vehicle with complete documents
• Financial settlements between transaction parties
• Vehicle registration and reporting ownership change to appropriate authorities

**c) Safety:**
• Safety during meetings with other Users
• Verification of counterparty identity and credibility
• Vehicle inspection before purchase (technical condition, documents, VIN)
• Protection against fraud and extortion

**d) Legal compliance:**
• Compliance with Polish and international law
• Possession of appropriate permits (if required by law)
• Tax settlements resulting from transactions
• Compliance with copyright and intellectual property rights

**e) Personal data:**
• Processing other Users' personal data in accordance with GDPR
• Not sharing personal data with third parties without consent
• Using contact data solely for transaction-related purposes

**USER UNDERTAKES TO:**
• Not provide false or misleading information
• Not hide significant vehicle defects
• Not manipulate mileage or vehicle history
• Not offer stolen vehicles or those from criminal activity
• Immediately remove listings after vehicle sale
• Respond to other Users' inquiries honestly and fairly

**CONSEQUENCES OF VIOLATION:**
Violation of above obligations may result in:
• Immediate removal of listing and account without warning
• Blocking access to Service (IP, email, phone block)
• Reporting to law enforcement
• Damage claims from Administrator and affected Users
• Criminal liability (in case of crimes)

9. Administrator Liability Exclusion

**⚠️ ADMINISTRATOR BEARS NO LIABILITY FOR:**

**a) User Actions:**
• Content of listings added by Users
• Truthfulness of information provided in listings
• Quality, technical condition, legality of offered vehicles
• Vehicle compliance with listing description
• Hidden vehicle defects not disclosed by seller
• Manipulation of mileage, VIN, documents

**b) Transactions between Users:**
• Negotiations, agreements, and contracts between Users
• Payment method and financial settlements
• Transaction execution (transfer of vehicle, money, documents)
• Disputes, complaints, claims arising from transactions
• Non-performance or improper performance of contract by any party
• Fraud, extortion, crimes committed by Users

**c) Losses and damages:**
• Financial losses incurred by Users in connection with transactions
• Personal or property damage during inspections or test drives
• Loss of time, travel costs, other costs incurred by Users
• Damage from defective or inauthentic vehicle
• Legal problems related to vehicle purchase (e.g., encumbrances, origin)

**d) Service availability and operation:**
• Service interruptions (maintenance, failures, updates)
• Data loss in case of technical failures
• Errors, imperfections, or Service function limitations
• Third-party actions (hackers, DDoS attacks, viruses)
• Service incompatibility with User's device or browser

**e) Actions beyond Administrator's control:**
• Force majeure (natural disasters, pandemic, wars, strikes)
• Changes in legal regulations affecting Service operation
• State authority decisions (bans, restrictions, orders)
• Internet infrastructure failures (ISPs, DNS, hosting)

**ADMINISTRATOR'S ROLE:**
Administrator acts solely as a **technological intermediary** - provides platform for publishing listings.

Administrator:
• DOES NOT VERIFY User identity (except in special cases)
• DOES NOT VERIFY truthfulness of information in listings
• DOES NOT VERIFY technical and legal condition of vehicles
• IS NOT A PARTY to transactions between Users
• DOES NOT PROVIDE intermediary services in vehicle trade
• DOES NOT PROVIDE warranties or guarantees regarding vehicles

**CONTENT MODERATION:**
Administrator may (but is not obligated to):
• Moderate reported listings
• Remove listings violating Terms
• Block accounts violating Terms

Lack of Administrator response to Terms violation does NOT mean acceptance of such violation and does NOT release User from liability.

**LIABILITY LIMITATION:**
To the maximum extent permitted by law, Administrator's liability (if determined at all) is limited to **100 PLN** for all claims arising from Service use.

11. Prohibited Activities

**STRICTLY PROHIBITED:**

**Fraud and dishonest practices:**
• Publishing false or misleading listings
• Hiding defects, damage, or vehicle legal encumbrances
• Manipulating mileage or vehicle history
• Offering stolen vehicles or those from criminal activity
• Impersonating other persons or companies
• Creating fake profiles and accounts
• Extorting money or personal data

**Spam and abuse:**
• Mass posting of identical listings (duplicates)
• Publishing listings outside automotive categories
• Advertising commercial services unrelated to listing
• Posting links to external sites (without Administrator consent)
• Publishing contact data of competing services

**Rights violations:**
• Copyright infringement (using others' photos)
• Violation of personal rights of others
• Publishing offensive, vulgar, discriminatory content
• Publishing pornographic or violent content
• Publishing content contrary to law

**Technical activities:**
• Attempts to hack Service or other User accounts
• Exploiting security vulnerabilities
• DDoS attacks or other Service disruption attempts
• Using bots, scripts, automation (without consent)
• Scraping (automated data extraction from Service)
• Reverse engineering (decompilation, reverse engineering)

**Other:**
• Using Service for purposes contrary to its purpose
• Reselling Service access
• Using Users' contact data for spam

**CONSEQUENCES:**
Violation of above prohibitions results in:
• Immediate account removal without warning and without refund
• Permanent access blocking (IP, email, phone number)
• Reporting to law enforcement
• Damage claims
• Criminal liability

12. Termination and Account Deletion

**Account deletion by User:**
• User may delete their account at any time via profile settings or contact with Administrator
• After account deletion:
- User listings will be deleted
- Personal data will be deleted (subject to legal provisions)
- Messages will be deleted (except conversation partners' archives)

**Account deletion by Administrator:**
Administrator may delete account or block Service access in case of:
• Terms violation
• Inactivity (no login for 36 months)
• Providing false data during registration
• Fraud, crimes, or law violations
• Harming Service or other Users' interests
• Law enforcement or judiciary request

**Effects of account deletion:**
• Loss of access to account and all data
• No possibility to recover account (in case of Administrator deletion)
• No refund for premium services (if paid)

**Data archiving:**
Administrator may retain some data despite account deletion if:
• Required by law (accounting-tax data, system logs)
• Data needed to resolve legal disputes
• Data needed to detect and prevent fraud

16. Changes to Terms

**Administrator reserves right to change Terms** at any time, particularly in case of:
• Changes in legal regulations
• Changes in Service functionality
• Introduction of new services
• Technological changes
• Need to adapt Terms to Service operation practice

**Change introduction procedure:**
1. Users will be notified of changes with **at least 14 days' notice** via:
- Email to address provided during registration
- Announcement on Service homepage
- Notification after login

2. New Terms take effect on date specified in notification

3. **Continued Service use after changes take effect means acceptance of new Terms**

4. User who does not accept changes should:
- Cease using Service
- Delete account before changes take effect

**Lack of acceptance of changes = obligation to cease using Service.**

18. Administrator Contact Information

**Service Administrator:**
Softcrafter
Tax ID: 8691843690

**Contact:**
Email: [email protected]

**Response time:**
We respond to inquiries within 48 business hours (Monday-Friday, 9:00-17:00, excluding public holidays).

**Contact scope:**
• Questions regarding Terms and Privacy Policy
• Complaints regarding Service operation
• Reporting Terms violations
• Exercising GDPR rights
• Cooperation proposals

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**Last Terms update date:** will be automatically displayed on page

**Current Terms version effective from:** will be automatically displayed on page