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TERMS OF SERVICE OF THE MOTOVOY PLATFORM

Effective from: 1 June 2026

Version: 1.1

These Terms of Service set out the rules for using the website available at the domain motovoy.pl and its related functionalities, including the User panel, the Company panel and the Administrator panel.

§ 1. General Provisions

1) The Motovoy Platform is a multilingual online marketplace operating under a SaaS + paid listings model, which enables in particular:

  1. publishing listings relating to motorcycle transport, motorcycle storage, motorcycle rental and motorcycle tours and expeditions;

  2. publishing motorcycle transport orders;

  3. contact between Users via contact forms;

  4. paid access to selected Platform features (listing packages, SaaS subscription, contact data unlock);

  5. publishing and moderating reviews of Companies.

  1. The Platform is available in Polish, English and German.

  2. The service provider and operator of the Platform is MOTOVOY Sp. z o.o., with its registered office in Zielona Góra (66-001) at ul. Krępa-Sportowa 8, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0001243665, District Court in Zielona Góra, 8th Commercial Division of the KRS, Tax ID (NIP): 9731121734, Statistical No. (REGON): 544845957, e-mail: kontakt@motovoy.pl (hereinafter: the “Operator”, the “Service Provider”).

  3. The Operator may be contacted using the details indicated in para. 3 above, as well as via the contact form available on the Platform.

  4. These Terms of Service set out the rights and obligations of Users and the rules governing the provision of electronic services by the Operator.

  5. In matters not regulated by these Terms of Service, generally applicable provisions of law shall apply, in particular the provisions of Polish law and any mandatorily applicable provisions protecting Users who are consumers.

§ 2. Definitions

  1. Terms used in these Terms of Service shall have the following meanings:

  1. Platform - the Motovoy website together with its functionalities, pages, panels and tools available at the domain motovoy.pl;

  2. Operator - the entity indicated in § 1 para. 3, which provides electronic services and administers the Platform;

  3. User - any natural person, legal person or organisational unit using the Platform, including a Guest, an Individual User and a Company;

  4. Guest - a non-logged-in User using the public functions of the Platform without holding an Account;

  5. Individual User - a natural person holding an Account on the Platform, using the Platform for private purposes;

  6. Account - an individual User panel accessible after logging in, available at /konto (for Individual Users) or /panel (for Companies);

  7. Company - a User carrying out business activity, using the Platform to publish Listings and serve customers; a single entity may hold several company users (CompanyUser);

  8. Consumer - a User who is a consumer within the meaning of Article 22(1) of the Polish Civil Code;

  9. User Content - any data, descriptions, photographs, reviews, messages, listings, information and materials uploaded to the Platform by a User;

  10. Listing - an offer published on the Platform by a Company relating to motorcycle transport, storage, rental or touring services;

  11. Transport Order - a request for the carriage of a motorcycle published by a User or Guest on the Platform;

  12. Inquiry - a message sent by a User or Guest to a Company via a contact form or other tool of the Platform;

  13. Publication Plans - the paid packages BASIC, STANDARD and PREMIUM, differing in the scope of functionality and publication parameters, available for each of the four listing categories;

  14. SaaS Subscription - a recurring monthly subscription unlocking advanced modules of the Company panel (transport routes, bookings, fleet management and others);

  15. Contact Data Unlock - a one-off paid feature enabling a Company to access the contact details of the User who published a Transport Order;

  16. Moderator / Administrator - a person authorised by the Operator to verify, accept, reject, edit or remove User Content and to manage the Platform via a separate /admin panel;

  17. Services - services provided electronically by the Operator via the Platform;

  18. Stripe - an external payment service provider handling payments made on the Platform;

  19. Resend - an external e-mail delivery service provider used by the Operator.

§ 3. Nature of the Platform and the Operator's Role

  1. The Operator provides services consisting of making available the technical infrastructure enabling the publication of Listings and Transport Orders, the posting of reviews and communication between Users.

  2. The Operator is not a party to agreements concluded between Users, in particular contracts of carriage, lease, booking, storage, organisation of tours or other agreements concluded as a result of contact established on the Platform.

  3. The Operator is not a carrier, freight forwarder or tourism organiser within the meaning of the Polish Act of 24 November 2017 on Package Travel and Linked Travel Arrangements, nor an insurance intermediary, nor an entity providing transport, storage, rental or tour-organising services, unless expressly and separately indicated otherwise within a specific function of the Platform.

  4. Liability for the content of Listings, Transport Orders, Inquiries, reviews and other User Content is borne by the User who uploaded it.

  5. The Operator does not guarantee that any agreement will be concluded between Users or that Users will perform any services.

  6. The Operator does not continuously verify the completeness, currency or truthfulness of User Content, without prejudice to the moderation powers described in these Terms of Service.

  7. The Operator does not independently verify whether a Company holds the required licences, permits, authorisations or insurance. Verification is based solely on the declaration made by the Company upon registration. The Company's verification status (UNVERIFIED / VERIFIED / SUSPENDED) is displayed on the Platform and does not constitute confirmation that the Company's activity is lawful.

§ 4. Conditions for Using the Platform

  1. Using the Platform requires:

  1. a device with internet access;

  2. an up-to-date web browser supporting JavaScript and cookies;

  3. an active e-mail address (for functions requiring an Account).

  1. Use of certain functions, in particular the Company panel and the Administrator panel, requires creating an Account and logging in.

  2. The User is obliged to use the Platform in accordance with the law, these Terms of Service, good practice and with respect for the rights of third parties.

  3. In particular, the following is prohibited:

  1. providing unlawful, vulgar or misleading content, or content infringing personal rights;

  2. taking actions liable to disrupt the operation of the Platform, including attempts to circumvent security measures, scraping, or DoS/DDoS attacks;

  3. using the Platform for spam, phishing or automated mass mailing;

  4. publishing contact details in places where this is expressly blocked by a function of the Platform;

  5. copying content from the Platform in a manner infringing the rights of the Operator or third parties;

  6. impersonating other persons or entities.

  1. The Operator may restrict access to the Platform or to its functions in the event of technical works, a failure, suspected abuse, or a breach of these Terms of Service.

§ 5. Registration and User Account

  1. Creating an Account is voluntary, unless a given function of the Platform requires an Account.

  2. The User is obliged to provide true, current and complete data.

  3. The User is responsible for maintaining the confidentiality of their Account login details and for actions taken using their Account.

  4. The User should promptly notify the Operator of any suspected unauthorised access to their Account.

  5. The Operator may refuse registration, or suspend or delete an Account, if:

  1. the data provided by the User is untrue or misleading;

  2. the User breaches these Terms of Service or the law;

  3. there is a risk of misuse of the Platform;

  4. the Account is used in a manner endangering the security or reputation of the Platform.

  1. The User may request the deletion of their Account at any time, subject to the need to continue storing data to the extent required by law or necessary to establish, pursue or defend claims.

  2. Administrator accounts are created solely by the Operator and are accessible via a separate /admin panel with separate login credentials.

§ 6. Types of Users and Their Rights

  1. The Platform may be used by: Guests (not logged in), Individual Users, Companies and Administrators.

  2. A Guest may browse public Listings, send Inquiries and Transport Orders without creating an Account, and may post reviews. A Guest is required to accept the cookie policy upon their first visit.

  3. An Individual User may use the functions available after logging in, in particular managing Transport Orders, using subscriptions and viewing their activity history.

  4. A Company may publish and manage Listings, receive Inquiries, manage bookings, its fleet and tour participants, and use paid functions (listing packages, SaaS Subscription, Contact Data Unlock).

  5. An Administrator manages the Platform via the /admin panel: verifying and publishing Listings, managing CMS content, promotional codes, Users and the platform's configuration.

§ 7. Rules for Publishing Listings by Companies

  1. Publishing a Listing by a Company requires creating an Account, accepting these Terms of Service and paying for the selected Publication Plan.

  2. A Listing may concern, in particular: motorcycle transport, motorcycle storage, motorcycle rental, and motorcycle tours and expeditions.

  3. A Company is obliged to include in a Listing data consistent with the actual facts and to update it promptly whenever circumstances change.

  4. A Company represents that it holds all rights, authorisations, licences, permits, insurance and qualifications required to provide the services offered, to the extent required by law or by the nature of the activity. When registering an account, the Company submits a declaration regarding the licences it holds (the declaredLicenses field). That declaration is stored together with the date it was made.

  5. It is prohibited to publish Listings that are: unlawful, related to prohibited services or activities, misleading, infringing the rights of third parties, or containing advertising content unrelated to the subject matter of the Listing.

  6. A Listing is subject to verification by the Administrator and may be accepted, rejected, suspended or removed. The Operator may configure automatic acceptance of Listings; in that case, it reserves the right to subsequently verify and remove a Listing that does not comply with these Terms of Service.

  7. Refusal to publish, or removal of, a Listing may occur without giving a reason, in particular where the Listing infringes the law, these Terms of Service, security rules, or the Platform's good name.

§ 8. Listing Packages and Payments

  1. Publication of Listings is paid for in accordance with the current price list available on the Platform.

  2. The Operator offers the following Publication Plans: BASIC, STANDARD and PREMIUM, for each of the four listing categories.

  3. The available publication periods are 30, 90, 180 or 365 days, in accordance with the Platform's current offer.

  4. The functional scope, parameters, price and validity period of a Publication Plan are presented before payment is made.

  5. Payments are handled by the external payment service provider Stripe. A Listing is activated automatically upon confirmation of payment via the Stripe webhook.

  6. The Operator does not store Users' full payment card data; such data is processed solely by Stripe.

  7. An agreement for the provision of a paid feature is concluded at the moment of successful confirmation of payment by Stripe, unless the description of the feature states otherwise.

  8. Upon expiry of the paid period, a Listing automatically receives EXPIRED status and ceases to be publicly visible. The Company may renew the publication from its panel.

  9. Expiry of the validity period of a Publication Plan does not give rise to any right of the User to a refund for the unused period, unless mandatorily applicable provisions of law provide otherwise.

  10. If a Listing is not accepted by the Administrator for reasons attributable to the Operator, the Operator may refund the payment or allow the Listing to be republished on the terms indicated on the Platform.

§ 9. SaaS Subscription for Companies

  1. The Operator offers a recurring monthly subscription (SaaS Subscription) unlocking advanced modules of the Company panel.

  2. The available SaaS Subscription plans include, in particular: transport routes, the storage booking module, the tour participants module, fleet management, and a combined (bundle) package.

  3. The subscription is fulfilled through recurring charges to a payment card via Stripe. The subscription status may take the following values: INACTIVE / ACTIVE / PAST_DUE / CANCELED.

  4. In the event of non-payment, the subscription moves to PAST_DUE status and subsequently to CANCELED, resulting in loss of access to the paid modules.

  5. A Company may cancel its SaaS Subscription at any time from its panel. Cancellation results in the recurring charges being stopped as of the next billing period. Access to the modules remains active until the end of the paid period.

  6. Consumers' rights regarding withdrawal from a contract for the provision of digital services apply in accordance with mandatorily applicable provisions.

§ 10. Contact Data Unlock for Transport Orders

  1. A User or Guest may publish a Transport Order containing the data necessary to present a carriage offer.

  2. The contact details of the person publishing a Transport Order (name, e-mail, phone number) are not publicly visible and may be disclosed only to Companies that have purchased Contact Data Unlock in respect of the specific Transport Order.

  3. A one-off fee for Contact Data Unlock is presented on the Platform before payment is made. Payment is handled by Stripe.

  4. The Operator may limit the maximum number of Companies that may simultaneously unlock the contact details for a single Transport Order.

  5. By publishing a Transport Order, the User or Guest consents to their contact details being disclosed to Companies that purchase the Unlock, solely for the purpose of fulfilling that Transport Order.

  6. A Company that has obtained access to contact details is obliged to use them solely for purposes connected with handling the relevant Transport Order and in accordance with applicable law. Using such data for marketing purposes, automated mass contact, or other purposes unrelated to the Order is prohibited.

  7. Transport Orders expire automatically or may be closed by the Administrator. Unlocking the contact details of an expired Order does not entitle the Company to a refund of the fee.

§ 11. Transport Orders Published by Users

  1. A User or Guest may publish a Transport Order concerning a specific motorcycle or a larger number of motorcycles.

  2. The User is obliged to provide true, current and complete data, in particular regarding the route, timing, motorcycle parameters and contact details.

  3. The User acknowledges that the content of a Transport Order may be verified or rejected by the Administrator.

  4. The User is responsible for ensuring that a published Transport Order does not infringe the law or the rights of third parties.

  5. The Operator is not responsible for the quality, timeliness, safety or outcome of the performance of services by Companies with whom the User has made contact via the Platform.

§ 12. Bookings and Use of Companies' Services

  1. The Platform enables bookings to be made for motorcycle rental, storage spaces and motorcycle tours.

  2. Data collected in the booking form includes, in particular: full name, e-mail address, phone number, motorcycle data (make, model, registration number), booking dates and, in the case of tours, data on motorcycling experience and the participant's emergency contact.

  3. A tour participant's emergency contact (name, phone number, relationship) concerns a third party not directly participating in the transaction. The participant represents that they have that person's consent to provide their data.

  4. The terms of booking, payment, cancellation, rescheduling, deposit, insurance and liability are determined in the first instance by the Company offering the service. The Operator is not a party to the booking and is not responsible for the performance of the service by the Company.

  5. Before making a booking, the User should review the terms of the service, including any age, licensing (driving licence category), insurance or equipment restrictions.

  6. A booking's status may take the following values: PENDING / CONFIRMED / CANCELLED / COMPLETED (tours) or UNPAID / DEPOSIT_PAID / PAID / REFUNDED (rentals).

§ 13. Reviews and Ratings

  1. The Platform enables the publication of reviews and ratings of Companies on a scale of 1 to 5 stars.

  2. A review should relate to the actual experience of the User or Guest with the Company or its service.

  3. It is prohibited to publish reviews that: are untrue, are sponsored without disclosure, contain profanity, threats, hate speech or personal data without a legal basis, infringe personal rights or copyright, or concern entities with which the reviewer has had no contact.

  4. All reviews require acceptance by the Administrator (status PENDING - APPROVED / REJECTED) before publication. The reviewer's e-mail address is visible solely to the Administrator.

  5. The Operator may moderate, hide, remove or reject reviews that are contrary to the law, these Terms of Service, or the rules of fair use of the Platform.

  6. The User grants the Operator a non-exclusive, royalty-free licence to use a published review to the extent necessary for displaying, archiving, moderating and promoting the Platform.

§ 14. Messages, Contact Forms and Communication

  1. The Platform enables Inquiries, messages and requests to be sent via contact forms.

  2. The User should use the forms in accordance with their intended purpose and provide only data they are entitled to provide.

  3. It is prohibited to include contact details in the content of a message in places expressly blocked by a function of the Platform, where this serves to protect the Platform's business model or the privacy of Users.

  4. The Operator may send system, transactional and administrative messages related to the use of the Platform via the Resend service.

  5. After giving separate consent, the User may receive marketing messages and a newsletter.

§ 15. User Content and Intellectual Property Rights

  1. The User represents that they hold the rights to their User Content to an extent enabling its upload to the Platform, or that they have an appropriate legal basis for its use.

  2. The User grants the Operator a non-exclusive, royalty-free, territorially unrestricted licence to use the User Content to the extent necessary to provide the Services, maintain them, promote the Platform, and for archiving, moderation and analysis of the platform's operation.

  3. The licence covers, in particular: fixation, reproduction, public display, storage, the technical modification necessary for the Platform's operation, and dissemination within the Platform.

  4. It is prohibited to upload materials that infringe copyright, trademark rights, image rights, or the personal rights of third parties.

  5. All rights to the Platform, its code, appearance, structure and original content belong to the Operator or to entities that have granted the Operator an appropriate licence.

§ 16. Moderation and the Operator's Powers

  1. The Operator may moderate User Content both before and after publication.

  2. The Operator may, in particular: accept Content, refuse to publish it, remove it, hide it, restrict its visibility, suspend an Account, block a specific function, or disable an Account.

  3. Moderation powers may be exercised in the event of: a breach of the law, a breach of these Terms of Service, suspected fraud or abuse, publication of misleading content, a report of a breach by another User, or the need to protect the security of the Platform or the Operator.

  4. The Administrator may suspend a Company's account (SUSPENDED status) and attach an internal note justifying the decision. The Company is notified of the suspension by e-mail.

  5. The Operator may, but is not obliged to, state the reason for a moderation decision, unless required to do so by law.

§ 17. Complaints

  1. A User may file a complaint regarding the operation of the Platform, in particular in technical matters, payment matters, Account access, or the operation of paid functions.

  2. A complaint should include at least: data identifying the User, a description of the problem, the date of the event, and the expected resolution.

  3. Complaints may be submitted to the Operator's e-mail address indicated in § 1 para. 3.

  4. The Operator handles complaints within 14 days of receipt, unless the law requires a different time limit. The response is sent to the User's e-mail address.

  5. Companies submitting complaints regarding payments handled by Stripe may be informed of the need to contact the payment operator directly.

§ 18. Liability

  1. The Operator exercises due care to ensure that the Platform operates correctly and securely, but does not guarantee uninterrupted, error-free operation.

  2. The Operator is not liable for: decisions made by Users based on Content published on the Platform; the quality, timeliness, safety and lawfulness of services provided by Companies; damage resulting from a User providing untrue or outdated data; acts or omissions of external service providers (Stripe, Resend, Vercel); or the temporary unavailability of the Platform caused by technical works, a failure, force majeure, or events beyond the Operator's control.

  3. The Operator is not liable for the content of listings relating to motorcycle tours, including risks associated with participation in organised expeditions. A participant takes part in a tour at their own risk, and the terms and scope of the organiser's liability are determined by the agreement concluded directly with the Company.

  4. Limitations of the Operator's liability do not apply to the extent that mandatorily applicable provisions of law exclude the possibility of such limitation.

  5. If the User is an entrepreneur (B2B), the Operator's liability may be limited to the amount of actual direct loss suffered, excluding lost profits, to the extent permitted by law.

§ 19. Consumer Rights

  1. The provisions of these Terms of Service do not exclude or limit any rights of a Consumer granted under mandatorily applicable provisions of law.

  2. If a service is digital or paid and is provided to a Consumer, the terms for commencing performance, any withdrawal from the contract, and the loss of the right of withdrawal must be presented before an order is placed or payment is made.

  3. A Consumer who has concluded a distance contract has the right to withdraw from it within 14 days without giving a reason, subject to the exceptions provided for in the Polish Consumer Rights Act, in particular for services fully performed with the Consumer's express consent.

  4. In the event of any conflict between the provisions of these Terms of Service and the provisions protecting Consumers, the latter shall prevail.

  5. A Consumer may use out-of-court dispute resolution methods, including the ODR platform available at: https://ec.europa.eu/consumers/odr/.

§ 20. Personal Data and Privacy

  1. The rules for processing personal data are set out in a separate Privacy Policy, available on the Platform.

  2. The Operator processes Users' data, including IP addresses, login data, contact details, form content and data necessary for handling payments, in accordance with the law and the Privacy Policy.

  3. The Platform uses cookies and similar technologies on the terms set out in a separate Cookie Policy, available on the Platform.

  4. Users' payment card data is not stored on the Platform; it is processed solely by Stripe.

§ 21. Platform Security

  1. The Operator applies technical and organisational measures aimed at protecting the Platform, including in particular: JWT-based authentication (separate tokens for Companies and Administrators), password hashing using the bcrypt algorithm, access control to data, SSL/TLS encryption of connections, form validation, and irregularity-monitoring mechanisms.

  2. Files uploaded by Users (photographs, materials) are protected by authorisation; access to the upload endpoint requires a valid session token.

  3. Automated processes (cron jobs) are protected by a Bearer token (CRON_SECRET).

  4. The User is obliged not to take any action aimed at circumventing the Platform's security measures.

§ 22. Contract Duration and Termination of Use of the Platform

  1. The agreement for the provision of electronic services is concluded for an indefinite period from the moment use of the Platform begins, unless stated otherwise in the description of a given service.

  2. The User may stop using the Platform or request deletion of their Account at any time.

  3. The Operator may terminate the provision of services to a User in the event of a material breach of these Terms of Service, unlawful conduct, or a permanent inability to provide the services. Termination becomes effective upon delivery of the relevant information to the User's e-mail address.

  4. Termination of use of the Platform does not affect the validity of actions already taken, including payments and publications, unless the law provides otherwise.

§ 23. Amendments to the Terms of Service

  1. The Operator may amend these Terms of Service for valid reasons, in particular due to: changes in law, changes to the Platform's functionality, technological or organisational changes, the need to improve security, or changes to the business model or price list.

  2. Users holding an Account will be informed of any amendment to these Terms of Service, in particular by e-mail or by a notice after logging in.

  3. Amendments take effect on the date indicated by the Operator, taking into account legal requirements and Users' acquired rights. That period shall be no shorter than 14 days for amendments materially affecting Users' rights.

  4. Continued use of the Platform after a new version of these Terms of Service takes effect constitutes acceptance of its content to the extent permitted by law.

§ 24. Final Provisions

  1. These Terms of Service are available free of charge on the Platform in a form enabling them to be downloaded, reproduced and recorded.

  2. In matters not regulated by these Terms of Service, the provisions of Polish law shall apply.

  3. These Terms of Service have been drawn up in Polish, English and German versions. In the event of any discrepancy between the language versions, the Polish-language version shall be binding and controlling, and shall be interpreted in accordance with Polish law.

  4. Disputes with a User who is a Consumer shall be resolved by the competent court in accordance with mandatorily applicable provisions.

  5. Disputes with a User who is not a Consumer shall be resolved by the court having jurisdiction over the Operator's registered office, unless mandatorily applicable provisions provide otherwise.

  6. If any provision of these Terms of Service is or becomes invalid or ineffective, this shall not affect the validity of the remaining provisions.

  7. These Terms of Service enter into force on the date indicated in the heading.