§ 1. General provisions and legal status of the Portal
- These Terms and Conditions govern use of zyskznieruchomosci.pl (the Portal), the provision of electronic services, content moderation rules, copyright protection procedures, and the rights and obligations of Users and the Operator.
- The Portal is operated by Smart Raven Solutions, ul. Jana Sebastiana Bacha 12, 52-116 Iwiny, Tax ID (NIP): 7481534692 (the Operator). The Operator can be contacted by email at: biuro@zyskznieruchomosci.pl or via the contact form.
- The Portal is an information platform and property listing aggregator. The Operator provides listing space only and is not a party to property purchase, sale or rental transactions between Users and Advertisers.
- Before using the Portal, Users can review these Terms and Conditions, download them free of charge, save them and reproduce them in the ordinary course of use.
- Using the Portal constitutes acceptance of these Terms and Conditions. Transmitting unlawful content or unsolicited commercial communications (spam) through the Portal is prohibited.
§ 2. Eligibility, account types and verification
- The Portal may be used by natural persons with full legal capacity, legal persons or organisational units without legal personality.
- The following account types are available on the Portal:
- a) Investor Account (Individual User) – for people looking for property. Running a business is not required. The account allows users to browse listings, save favourites, generate analyses and contact Agents free of charge.
- b) Agent / Agency Account (B2B) – for professionals (agents, property managers, developers). Users must run a business or represent an entity that does. The account allows users to publish, edit and manage listings.
- Accounts are verified by email – registration must be confirmed by clicking a unique activation link sent to the email address provided.
§ 3. Advertiser obligations and representations
- The Advertiser undertakes to provide listing information that fully complies with the law and accurately reflects the property’s factual and legal status.
- The Advertiser represents that:
- a) They have the right to offer the property (ownership, a valid agency agreement or appropriate authorisation from the owner).
- b) They comply with all legal requirements applicable to real estate agency activities.
- c) They do not include personal data of property owners or third parties in descriptions or photos without an appropriate, documented legal basis.
- If there are reasonable grounds to suspect fraud, misleading conduct or a breach of law, the Operator reserves the right to request additional documents from the Advertiser confirming the right to publish the listing (e.g. confirmation of an agency agreement).
§ 4. Copyright, licences and protection of materials
- The Advertiser represents that they hold full economic copyrights or appropriate licences for all published materials (photos, descriptions, plans, floor plans, videos).
- Upon publishing a listing, the Advertiser grants the Operator a non-exclusive, royalty-free, worldwide licence (with the right to sublicense) for the duration of publication to store, display, reproduce, technically process (including adding the Portal’s watermark) and promote the materials on the Portal, partner aggregators and the Portal’s social media.
- Deleting a listing by the Advertiser removes it from public view on the Portal. The Operator may retain an archive copy solely for technical and legal purposes (defence against claims).
- If a third party believes a listing infringes their copyright, they may report the infringement to: biuro@zyskznieruchomosci.pl or kontakt@zyskznieruchomosci.pl. After verifying the report, the Operator will promptly block or remove materials infringing third-party rights.
§ 5. Exclusion of Portal liability
- Listing content is supplied by external real estate agencies, agents and advertisers.
- The Operator endeavours to ensure that data on the Portal is reliable but accepts no liability for errors in prices, descriptions, technical specifications or calculations, or for the currency and availability of listings published by Advertisers.
- The Operator is not liable for non-performance or improper performance of agreements between Users and Advertisers.
§ 6. Fees, invoicing and free services
- All basic Portal services (registration, account maintenance, publishing listings, browsing listings and using calculators) are currently completely FREE.
- As the services are free, the Operator does not charge fees, issue invoices or operate refund procedures.
- The Operator will notify Users by email at least 14 days before introducing any paid services, which will require separate acceptance to use.
§ 7. Content moderation and DSA procedures
- The Operator moderates Portal content to ensure safety and legal compliance (in accordance with the EU Digital Services Act - DSA).
- Any User may report potentially illegal, outdated or non-compliant content using the "Report a listing issue" button on the listing card or by email.
- Reports are reviewed without undue delay.
- If the Operator decides to remove a listing, restrict its visibility or block an account, it provides the Advertiser with a clear explanation at the email address supplied.
- The Advertiser may appeal a moderation decision within 14 days by contacting: biuro@zyskznieruchomosci.pl.
§ 8. Account blocking and suspension conditions
- The Operator may suspend or block a User’s Account for a serious breach of these Terms and Conditions, including:
- a) Publishing false listings or attempting fraud.
- b) Infringing copyright or third-party rights.
- c) Inability to confirm the right to offer a property at the Operator’s request.
- d) Sending spam or unsolicited commercial messages.
- The User will be notified by email if their account is blocked, with the reason provided.
§ 9. Complaints and termination
- Users may stop using the Portal and delete their Account at any time in their profile settings or by sending a request to: biuro@zyskznieruchomosci.pl. Account deletion is immediate and free of charge.
- Complaints about the operation of the Portal should be emailed to: biuro@zyskznieruchomosci.pl.
- The Operator reviews complaints within 14 days of receipt and sends a response to the complainant’s email address.
§ 10. Final provisions
- Matters not covered by these Terms and Conditions are governed by Polish and European Union law.
- Changes to these Terms and Conditions will be announced by email at least 14 days in advance.