Terms of Service

The online portal available at https://ankaa.academy/ is provided by the Service Provider under the terms specified in this document, which constitutes the regulations according to the Act of July 18, 2002, on the provision of services by electronic means (hereinafter referred to as the “Regulations”). Service Provider’s Contact Information: These Regulations define the terms of use of the Portal and the Platform, the types of electronic services provided through the Portal, as well as the rights and obligations of Service Recipients and the Service Provider. Familiarizing oneself with these Regulations is an obligation for every Service Recipient.

§1. Definitions

  1. Course– courses conducted based on audiovisual materials (online course) or in-person, available in the Service Provider’s offer.
  2. Newsletter– a service allowing the subscription and receipt of free electronic information about the Service Provider’s services and promotions.
  3. Platform– the website operated by the Service Provider, through which access to the online Course is possible.
  4. Portal– the online portal operating at https://ankaa.academy/.
  5. Service– a service provided electronically by the Service Provider to the Service Recipient via the Portal or Platform.
  6. Service Recipient– an individual using the Services provided via the Portal.
  7. Service Provider– Hanna Ramashka, conducting business under the name Kubera Group HANNA RAMASHKA at Marszałkowska 87, apt. 133, 00-683 Warsaw, NIP: 9522155479, REGON: 385281472, registered in the Central Register and Information on Economic Activity conducted by the relevant economic authority.

§2. General Provisions

  1. The Service Provider commits to providing services to the Service Recipient within the scope and under the conditions specified in the Regulations.
  2. The Service Recipient commits to using the Service Provider’s websites in accordance with the principles set out in the Regulations, applicable laws, and social norms.
  3. Using the Service Provider’s websites and Services constitutes acceptance by the Service Recipient of the terms set out in the Regulations and the Privacy Policy.
  4. The Service Provider adheres to the principles of protecting the personal data of Service Recipients as provided for by 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The Service Recipient consents to the collection, storage, and processing of personal data by the Service Provider for the purpose of providing the service. Detailed rules for the processing of personal data are set out in the Portal’s Privacy Policy. The Service Provider may use personal data for service marketing purposes only with the explicit consent of the individual concerned or based on applicable legal provisions.
  5. The Service Recipient is obliged to use the Service Provider’s websites in a manner that does not disrupt their functioning, particularly by not using specific software (including malicious software) or devices.
  6. Specific risks associated with using electronic services include the possibility of unauthorized persons gaining access to data transmitted via the network or stored on computers connected to the network and interfering with this data, which may result in its loss, unauthorized modification, or inability to use the services offered through the Portal.
  7. Information regarding the services on the Service Provider’s websites constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code of April 23, 1964.
  8. The Service Provider reserves the right to change the prices of Courses, conduct and cancel promotional campaigns, and grant individual discounts. In the case of promotional campaigns involving temporary price reductions, the Service Provider indicates the previous lowest price of the Course, which was in effect during the 30 days preceding the promotion. The scale of the discount will be determined concerning the lowest indicated price.
  9. The provisions of the Regulations concerning consumers apply accordingly to a natural person entering into a contract directly related to their business activity if it follows from the content of this contract that it does not have a professional nature for that person, resulting particularly from the subject of their business activity, made available based on the regulations on the Central Register and Information on Economic Activity.

§3. General Conditions of Service Provision

  1. The Service Provider provides free information services via the Portal by making available content about the offer, news, and other information regarding the Service Provider’s activities.
  2. The Service Provider provides a free “newsletter” service. The agreement for the electronic provision of the “Newsletter” service is concluded for an indefinite period when the Service Recipient subscribes to the “Newsletter” service using the functionality available on the Portal and is terminated when the Service Recipient cancels the subscription in accordance with the principles set out in the Regulations or unsubscribes using the hyperlink (link) contained in the Newsletter messages.
  3. The Service Provider provides paid services via the Portal, in particular enabling access to the Courses available in its offer in accordance with the principles set out in these Regulations.
  4. The technical requirements necessary for using the services provided by the Service Provider are:
◦ a device with internet access, ◦ an internet browser supporting Cookies, ◦ access to electronic mail.
  1. The Service Recipient bears the costs associated with internet access and data transmission according to the tariff of their internet service provider.

§4. Ordering an Online Course

  1. To place an order for an online Course, the Service Recipient selects the Course according to the options available on the Portal and fills in the order form, completing at least the mandatory fields marked with an asterisk (*).
  2. After selecting the Course, the Service Recipient confirms familiarity with the Regulations and then confirms the order by clicking the “Order and Pay” button.
  3. Upon successful payment, an agreement for the electronic provision of services regarding access to the Course is concluded.
  4. The Service Recipient gains access to the Course after logging into the Platform.
  5. Courses and all their constituent materials are subject to copyright belonging exclusively to the Service Provider. The Service Recipient purchasing the Course is entitled to use it only for their personal use within the obtained temporary, non-exclusive, and territorially unrestricted license. It is prohibited to disseminate and share the Course and its materials in any form, in whole or in part, with third parties.

§5. Ordering an In-Person Course

  1. To place an order for an in-person Course, the Service Recipient selects the Course according to the options available on the Portal and fills in the order form, completing at least the mandatory fields marked with an asterisk (*).
  2. After selecting the Course, the Service Recipient confirms familiarity with the Regulations and then sends the order form to the Service Provider.
  3. The Service Provider, after receiving the order, contacts the Service Recipient to arrange the details of the Course and present the available methods of registration.
  4. The agreement for the in-person Course is concluded outside the Portal through arrangements between the parties.

§6. Payment Methods

  1. The Service Provider accepts prepayment for the provided Services:
◦ via the electronic payment system Stripe, operated by Stripe Technology Europe Limited based in Dublin (Ireland), in accordance with the Stripe electronic payment system regulations (only for online Course orders); ◦ in installments via Santander Bank Polska S.A.
  1. Payment is considered made when it is correctly authorized by the payment system operator or when the funds are credited to the Service Provider’s bank account in the case of installment payment.
  2. The Service Recipient consents to receive the proof of purchase at the email address provided during the order process.
  3. If it is necessary to refund the transaction made by the Service Recipient using a payment card, the Service Provider will make the refund to the bank account assigned to the Service Recipient’s payment card.

§7. Access to the Platform

  1. Access to the Platform is activated by the Service Provider after the Service Recipient makes the payment for the Course.
  2. Login details for the Platform are sent to the email address provided by the Service Recipient during the order process.
  3. The Service Recipient is prohibited from sharing the login details for the Platform with third parties.
  4. The Service Recipient is solely responsible for disclosing login details to other individuals.
  5. In the case of repeated violations of these Regulations, the Service Provider reserves the right to block access to the Platform after previously requesting the Service Recipient to cease violations and notifying them of the consequences of non-compliance.

§8. Conditions for Accessing Online Courses

  1. Access to the Course is possible after logging into the Platform.
  2. The Service Recipient plays video materials using the media player provided by the Service Provider within the Platform.
  3. The Service Recipient is required to ensure, at their own expense, the equipment and IT infrastructure necessary for accessing the Course, particularly internet access, a computer or mobile device with an up-to-date web browser, and potentially additional software necessary for playing video materials.
  4. The Service Recipient is entitled to play video materials only for their personal use.
  5. The Service Recipient agrees not to save, download, duplicate, distribute, modify, display, play, publish, license, sell, or use the content and information available on the Platform or obtained through it, particularly video materials, unless explicitly permitted in these Regulations.

§9. Service Provider’s Liability

  1. The Service Provider informs that, in accordance with Article 15 of the Act of July 18, 2002, on the provision of electronic services, they are not obliged to check the data transmitted, stored, or made available by them, as mentioned in Articles 12-14 of the aforementioned Act, provided that this data does not originate from them.
  2. The Service Provider is not liable for the obligations of the Service Recipients arising from their activities on the Service Provider’s websites.
  3. The Service Provider is not responsible for data entered by Service Recipients on the Service Provider’s websites and is not liable for actions taken by the Service Recipient that result in any damage to the Service Recipient, other Service Recipients, or third parties, or that prevent or hinder the provision of services by the Service Provider.
  4. The Service Provider is not liable for the content of websites and any damages incurred by Service Recipients or third parties in connection with access to websites that may be redirected through links available on the Portal.
  5. The Service Provider is not liable for interruptions in the functioning of their websites and damages incurred by the Service Recipient due to these interruptions if they were caused by force majeure that could not have been foreseen or, if foreseen, could not have been prevented.
  6. In the event of damage incurred by the Service Recipient resulting from intentional actions by the Service Provider, the Service Provider is only liable for actual damages incurred by the Service Recipient, provided that the liability of the Service Provider is limited to the amount paid by the Service Recipient for access to the Course, unless other rules arise from separate rights granted to consumers.

§10. Withdrawal from the Contract

  1. The Service Recipient, who is a consumer, has the right to withdraw from a contract concluded remotely or outside the Service Provider’s premises within 14 days from the date the contract was concluded. To meet the deadline, it is sufficient to send a statement to the Service Provider’s registered office or email address.
  2. In the event of withdrawal from the contract, it is considered not concluded, and the consumer is released from all obligations (except in the situation specified in section 3). Payments made by the consumer will be refunded by the Service Provider in the same form in which the consumer made the payment, unless the consumer agrees to a refund in another way that does not impose additional charges on them. The refund will be made within 14 days from the date of withdrawal from the contract.
  3. In the case of full performance of the service by the Service Provider (e.g., granting access to the Course) at the consumer’s explicit request before the withdrawal period expires, the right to withdraw from the contract ceases.
  4. In connection with Article 38 of the Act of May 30, 2014, on consumer rights, the right to withdraw does not apply, among others, to contracts for the provision of services if the Service Provider has fully performed the service with the explicit consent of the consumer,
who has been informed before the service began that they will lose the right to withdraw from the contract once the service has been fully performed by the Service Provider.

§11. Responsibility for Compliance of Digital Content with the Contract

  1. The Service Provider is liable for the lack of compliance with the contract of digital content or digital services provided once or in parts, which existed at the time of their delivery and became apparent within two years of that time. It is presumed that the lack of compliance with the contract of digital content or digital services, which became apparent within one year from the time of delivery, existed at the time of delivery.
  2. The Service Provider is liable for the lack of compliance with the contract of digital content or digital services provided continuously, which occurred or became apparent during the period they were supposed to be provided according to the contract. It is presumed that the lack of compliance with the contract of digital content or digital services occurred during this time if it became apparent during this time.
  3. The Service Provider is not liable for the lack of compliance with the contract of digital content or digital services if:
◦ a) the consumer’s digital environment is incompatible with the technical requirements clearly and comprehensively communicated by the Service Provider before the contract was concluded; ◦ b) the consumer, informed in a clear and comprehensible manner before the contract was concluded about the obligation to cooperate with the Service Provider to a reasonable extent and using the least intrusive technical means available to determine whether the lack of compliance with the contract of digital content or digital services results from the characteristics of the consumer’s digital environment, fails to fulfill this obligation.
  1. If digital content or digital services are not in compliance with the contract, the consumer may request that they be brought into compliance with the contract. The Service Provider may refuse to bring digital content or digital services into compliance with the contract if it is impossible or would involve excessive costs for the Service Provider.
  2. The Service Provider will bring the digital content or digital services into compliance with the contract within a reasonable time from being informed by the consumer about the lack of compliance with the contract and without significant inconvenience to the consumer, considering the nature of the digital content or digital services and the purpose for which they are used. The costs of bringing the digital content or digital services into compliance with the contract are borne by the Service Provider.
  3. If digital content or digital services are not in compliance with the contract, the consumer may submit a statement to reduce the price or withdraw from the contract when: a) bringing the digital content or digital services into compliance with the contract is impossible or would involve excessive costs; b) the Service Provider has not brought the digital content or digital services into compliance with the contract; c) the lack of compliance with the contract persists despite the Service Provider’s attempts to bring the digital content or digital services into compliance with the contract; d) the lack of compliance with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first resorting to requesting the Service Provider to bring the digital content or digital services into compliance with the contract; e) it is clear from the Service Provider’s statement or the circumstances that they will not bring the digital content or digital services into compliance with the contract within a reasonable time or without significant inconvenience to the consumer.
  4. The consumer cannot withdraw from the contract if the digital content or digital services are provided in exchange for a payment, and the lack of compliance with the contract is insignificant.
  5. The Service Provider may make changes to digital content or digital services that are not necessary to maintain their compliance with the contract only if the contract so provides and only for justified reasons specified in the contract. The Service Provider may not, however, make changes to digital content or digital services provided once. The introduction of a change mentioned in the preceding sentence cannot involve any costs for the consumer. The Service Provider is obliged to inform the consumer clearly and comprehensively about the change being made.
  6. If a change mentioned in point 8 significantly and adversely affects the consumer’s access to digital content or digital services or the use thereof, the Service Provider must inform the consumer in advance on a durable medium about the properties and timing of the change, as well as the right to terminate the contract without notice within 30 days from the change or from being informed about the change, if the notification was made later than the change. The consumer does not have the right to terminate the contract if the Service Provider ensures that the consumer can retain, at no additional cost, the digital content or digital services that comply with the contract, in an unchanged state.

§12. Complaint Procedure

  1. In the case of non-performance or improper performance of services provided via the Portal by the Service Provider, the Service Recipient is entitled to submit a complaint electronically to the Service Provider’s email address.
  2. A correctly submitted complaint should contain the identification of the Service Recipient (name and email address), the subject of the complaint along with the indication of the period to which the complaint pertains, and the circumstances justifying the complaint. In the case of incomplete data, the Service Provider will request the Service Recipient to complete the data.
  3. The Service Provider will review the complaint within 14 days from the date of receipt. Information on the manner of handling the complaint will be communicated to the Service Recipient via email.
  4. Failure to respond to the complaint within the time specified in point 3 will result in the complaint being considered upheld.

§13. Intellectual Property

  1. All content posted on the Service Provider’s websites (including graphics, texts, page layouts, and logos) that does not originate from the Service Recipient or other suppliers is protected by copyright and is the exclusive property of the Service Provider. The use of these contents without the written consent of the Service Provider will result in civil and criminal liability.
  2. The Service Recipient is obligated to use all content posted on the Service Provider’s websites, including training materials, only for personal use. Use of the content beyond this scope is only permitted if explicitly indicated by the Service Provider.
  3. Using the Service Provider’s websites, including using text materials, graphics, photos, applications, databases, or other content, does not grant the Service Recipient any rights to these contents, especially copyrights, related rights, or licenses.
  4. The following actions are prohibited without the explicit consent of the Service Provider:
    a) copying, modifying, and electronically or otherwise transmitting the Portal or its parts, as well as individual content made available through it,
    b) distributing in any way the content published on the Portal,
    c) downloading the content of databases and reusing it in whole or in part.

§14. Service User’s Liability Regarding Posted Content

  1. By posting any content (textual, graphic, etc.), the Service User is voluntarily distributing that content. The posted content does not reflect the views of the Service Provider and should not be associated with its activities. The Service Provider is not a content provider, but only an entity that provides the necessary teleinformatics resources for this purpose.
  2. The Service User declares that:
    a) they are authorized to use the content, and its posting and dissemination have been done legally, voluntarily, and with the consent of the authorized individuals;
    b) they consent to the content being viewed by third parties and the Service Provider.
  3. The Service User is not authorized to post personal data of third parties or disseminate the image of third parties without the required legal permission or consent from the third party.
  4. The Service User is prohibited from posting content that:
◦ a) incites the commission of a prohibited act or endorses such an act,
◦ b) offends the religious feelings of others by insulting religious objects or places used for religious purposes,
◦ c) defames another person, groups of people, institutions, legal persons, or other entities in a manner that may discredit them in public opinion or expose them to a loss of trust necessary for performing a particular profession, activity, or holding a specific position,
◦ d) insults or defames other people, or harms their good name,
◦ e) promotes or incites hatred based on race, nationality, ethnicity, religion, or sexual orientation,
◦ f) infringes the copyrights and/or related rights of third parties,
◦ g) is unlawful in nature,
◦ h) contains malicious software or is used for phishing,
◦ i) has promotional, advertising character or contains information about activities that
are competitive to the Service Provider (unless required in connection with using the Service Provider’s services).
  1. In the event of receiving a notice in accordance with §15 of the Regulations, the Service Provider reserves the right to modify or remove content posted by the Service User, especially if based on reports from third parties or relevant authorities, it is determined that such content may constitute a violation of these Regulations or applicable laws. The Service Provider does not conduct ongoing monitoring of posted content. 15. Obligations and Penalties
The Service User agrees to:
  • Familiarize themselves with the information on the website regarding the terms of service provision.
  • Have a portable (mobile) device with internet access, equipped with headphones and a microphone, and installed software necessary and sufficient to receive the purchased Service. The Service User is responsible for bearing the costs necessary for the training.
  • Provide the Contractor with current and truthful information necessary for receiving the Services, as well as for ongoing contact related to the provision of Services under the Agreement, upon the Contractor’s request.
  • Not record, disseminate (publish, post on websites, copy, transmit, resell to third parties) for commercial or non-commercial purposes information and materials provided by the
Contractor to the Client/Artist under the Agreement, not create informational products based on them for commercial gain, and not use this information in any other way except for use by the single Artist. In the event of a violation of this point, the Client/Artist agrees to pay the Contractor a penalty of PLN 5,000 (five thousand) for each instance of data transfer. The subscription will then be canceled.
  • Ensure the confidentiality of access links to the Services under the Agreement. In the event of a violation of this point, the Client/Artist agrees to pay the Contractor a penalty of PLN 5,000 (five thousand) for each instance of data transfer. Payment of the penalty by the Client/Artist must be made within 10 (ten) calendar days from the receipt of the relevant demand from the Contractor. The subscription will then be canceled.
  • Maintain and manage their social media accounts in accordance with the following principles:
    • In the first line of profile information (“header”) and in the name of all their social media accounts, the Artist must include information about their Club membership in the format “Name/Pseudonym Ankaa Academy Artist”.
    • In every publication of photos and videos of services performed by the Artist on social media, the Artist must include the Club member logo. The specified logo may be provided by the Contractor.
    • In the Artist’s pseudonym on social media, indicate Club membership in the following form: “Name/pseudonym_ankaaacademy”. If these rules are violated, the Artist/Client will receive a warning. If the violations are not removed within 5 business days, the Contractor has the right to expel the Artist from the Club and cancel the Subscription.
  • The Artist/Client is not allowed to mention (including in the form of “reposts”), advertise, or demonstrate on all their social media any other organizations or individuals providing permanent makeup services or similar marketing services.
  • All printed materials issued to students or clients of the Artist must include the name and logo of Ankaa Academy. In the event of a violation of this point, the Contractor has the right to expel the Artist from the Club and cancel the Subscription, as well as impose a contractual penalty of PLN 5,000 (five thousand).

§16. Reporting Threats or Violations of Rights

  1. A Service User who considers the content published on the Portal to be illegal or violating the terms of the Regulations may send a report concerning this content to the Service Provider’s email address.
  2. If the report contains electronic contact data of the reporter, the Service Provider will promptly send a confirmation of receipt of the report to the reporter.
  3. The Service Provider reviews the report and makes a decision regarding the content in question within 7 to 21 days, depending on the complexity of the matter.
  4. The Service Provider will inform the reporter of the decision without undue delay. The Service Provider’s decision may involve content moderation, removal of content, or leaving the content on the Portal.
  5. The reporter may appeal the decision within 6 months of receiving it. The appeal should include a comprehensive justification. The Service Provider will review appeals within 21 days.
  6. If the Service Provider obtains any information giving grounds to suspect that a crime threatening the life or safety of individuals has been committed, is being committed, or may be committed, it will immediately inform the law enforcement or judicial authorities of the relevant member state(s) and provide all available information on the matter.

§17. Final Provisions

  1. The Service Provider reserves the right to amend these Regulations. The Service Provider will notify about changes to the Regulations on the Portal’s website at least 14 calendar days before the changes take effect. Changes to the Regulations do not apply to Service Users who placed an order for a paid Service during the validity of the previous version of the Regulations. Changes to the Regulations during the term of a continuous contract bind the other party if the requirements specified in Article 384 of the Civil Code have been met, and the party has not terminated the contract within the 14-calendar-day notice period.
  2. The Service Provider reserves the right to periodically disable access to the Portal or selected functionalities of the Portal if necessary for the development or maintenance of the technical or teleinformatics resources related to the operation of the Portal.
  3. In other matters not regulated by these Regulations, the relevant provisions of Polish law apply.
  4. Disputes arising from the provision of services based on these Regulations will be submitted to the common court according to the Service Provider’s seat, unless the relevant provisions stipulate otherwise.
  5. The Service User who is a consumer has the right to use out-of-court dispute resolution methods and pursue claims through mediation or a court of arbitration. Additionally, the consumer may seek assistance from the municipal (district) consumer advocate. All necessary information can be obtained from the website of the Office of Competition and Consumer Protection at uokik.gov.pl.The consumer may also use the electronic dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
  6. The Regulations come into force on June 26, 2024.