Terms of Service

These Terms of Service set out the rules for using the Scenza mobile application and related services provided electronically by Karol Walęcki. By using the Application, you accept these Terms of Service, so please read them carefully.

§1. General provisions

1. The service provider and operator of the Scenza application is Karol Walęcki, with its registered office at ul. Plac Wolności 10/4, 26-220 Stąporków, Polska, Tax ID (NIP) 7792448486, correspondence address: ul. Szpakowa 10/128, 30-691 Kraków, Polska (the “Service Provider” or “we”).
2. You may contact the Service Provider at info@scenza.pl.
3. These Terms have been issued pursuant to Article 8(1)(1) of the Polish Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002, No. 144, item 1204, as amended).
4. The Terms are available free of charge at https://scenza.pl/terms in a form that allows them to be downloaded, saved and printed.

§2. Definitions

The following terms used in these Terms mean:

• Application — the Scenza mobile application for iOS and Android, together with related online services.
• User — an individual using the Application who has full legal capacity, or a person aged at least 16 acting with the consent of their legal representative.
• Account — a set of data assigned to a User in the Application and protected by a password or external authentication (Google, Apple).
• Content — data, information, ratings, preferences and other materials entered or saved by a User in the Application.
• Services — features provided electronically through the Application, including perfume search, the fragrance quiz, photo-inspired perfume recommendations, barcode scanning, favourites, fragrance profiles, a wear diary, offer comparisons and price alerts.
• Premium Plan — an optional paid plan extending the available features, offered as an in-app subscription (if made available).
• App Store — Apple App Store (Apple Distribution International Ltd.) or Google Play (Google LLC), from which the User downloads the Application.
• Consumer — an individual entering into an agreement with the Service Provider for purposes not directly related to their business or professional activity.
• Terms — this document.
• Privacy Policy — the document describing how Users’ personal data is processed, available at https://scenza.pl/privacy.

§3. Scope and type of Services

1. Scenza helps Users discover perfumes suited to their preferences. The Application does not sell perfumes: it links to external sellers. Perfume purchases are concluded with the selected seller on that seller’s terms.
2. The Application provides, among other things:
   • a catalogue of perfumes, brands and notes, with search and filters,
   • a fragrance quiz and recommendations, including an optional description analysed by AI,
   • perfume suggestions inspired by the scene or mood of a selected photo,
   • EAN/UPC scanning or manual code entry; a match depends on the code being present in the catalogue,
   • favourite fragrances, perfume, note and category preferences, and a fragrance profile (“DNA”),
   • a wear diary with dates, optional context and ratings,
   • comparison of offers, volumes and prices per millilitre, and alerts for a selected volume and target price,
   • profile and account settings.
3. Participation in the current closed beta is free. The free plan has limits on selected AI features and alerts, displayed in the Application. Availability of paid plans and optional rewarded ads is described in §9.
4. Prices and availability come from external sellers and may change before purchase. Check the final price, delivery costs and availability with the seller. An alert depends on detecting a qualifying offer; it does not reserve a product or price. Push notifications require system permission, and delivery also depends on the device and notification services.
5. Test features may operate with limitations. Feature changes may be needed for security, legal compliance or compatibility, to fix errors or to develop functionality. They do not impose additional costs without User consent or limit statutory rights; §16 sets out how changes are communicated.

§4. Technical requirements

1. Using the Application requires:
   • a mobile device running iOS or Android in the version specified in the App Store,
   • an active internet connection,
   • an active email address (when registering by email),
   • camera access to scan a code or take a photo; selecting an existing image only requires sharing that selected file. Codes can also be entered manually. Refusing a permission only prevents the feature that needs it; permissions can be managed in device settings.
2. The Service Provider advises that using the Application involves risks typical of internet use, such as account takeover attempts, phishing and unwanted software. We recommend using up-to-date software and strong passwords and not sharing login credentials.

§5. User Account

1. Mobile Application features require signing into an active Account and completing the required profile information. The public website catalogue can be browsed without an account. An Account can be created by:
   • registering with a name, email address and password and verifying the email address, or
   • external authentication using Google or, on supported iOS devices, Apple.
2. The Application is intended for persons aged at least 16. Users aged 16–17 use it with the consent of their legal representative. The Application is not intended for children under 16.
3. The User agrees to provide accurate data and update it when it changes. The User is responsible for keeping their authentication credentials confidential and for activity conducted through the Account.
4. An agreement for the provision of electronic services for an indefinite term is concluded when the Account is successfully created. The User may terminate it at any time by:
   • deleting the Account in the Application (Profile → Settings → Delete account), or
   • sending an Account deletion request to info@scenza.pl.
   Deleting the Account ends access to it and its associated Content, subject to the Privacy Policy. Some data may still be retained where required by law or by the Service Provider’s legitimate interests, including the establishment, exercise or defence of claims.
5. The Service Provider may block or delete an Account if the User breaches these Terms or the law, after first requesting that the breach cease, except in serious cases where delay could cause harm.

§6. Rules for using the Application

1. The User agrees to use the Application in accordance with the law, accepted standards of conduct and these Terms.
2. In particular, it is prohibited to:
   • submit unlawful content, including content infringing third-party rights such as copyright, trade marks or personal rights;
   • take actions that disrupt the Application or its infrastructure, such as attacks, mass-scale scraping or attempts to bypass security;
   • use the Application for unlawful activity, including fraud or spam;
   • create multiple accounts to circumvent limits or restrictions;
   • resell, rent or commercially provide Application features without the Service Provider’s consent.
3. Recommendations generated by the Application, including AI features, are for information and assistance only. The User alone chooses a particular perfume and decides whether to purchase it.

§7. AI features

1. The Application provides features using language models (LLMs) and vector-based semantic search for photo mood analysis and optional quiz descriptions. The quiz without a description and profile recommendations do not require sending content to external AI. These features use OpenAI (OpenAI Ireland Ltd for EEA customers; processing may take place in the USA). The Privacy Policy explains the data shared and its processing.
2. Content generated by AI models may be inaccurate, incomplete or out of date. It is informational and does not constitute expert advice; in particular, it does not replace advice from a cosmetologist, allergist or fragrance advisor.
3. Note: Perfumes may contain allergens. Before purchasing, we recommend reviewing the full product ingredients provided by the manufacturer. A recommendation does not establish a product’s safety for a particular person or the absence of allergens. This does not limit the Service Provider’s statutory liability.
4. The selected photo or optional quiz description is sent to OpenAI only after separate User permission. Permission may be withdrawn in Settings; refusal does not block other Account features. The photo feature matches fragrances to the scene, not to a bottle identified in the image. The User should not enter special-category personal data or third-party data in these features.

§8. User Content

1. Users may add Content to the Application, including fragrance preferences, ratings and wear diary entries, price alerts, mappings of barcodes to perfumes and other submissions.
2. By adding Content, the User represents that they are entitled to use it and that it does not infringe third-party rights or the law.
3. When Content is made available in the Application, the User grants the Service Provider a non-exclusive, royalty-free licence, valid while the Application is used, to use that Content as necessary to provide the Services. This includes storing, displaying and modifying it for technical operation (such as barcode verification) and using it in aggregated and anonymised form to improve recommendation quality. The licence expires when the Content or Account is deleted, subject to §5(4). Catalogue facts linking a barcode to a product may remain after their author link is removed. Diary ratings contribute to visible rating counts and average perfume parameters, without publishing authors’ names or identifiers.
4. The Service Provider may remove Content that breaches these Terms or the law. Any User may report an infringement at info@scenza.pl.

§9. Paid Plans and Subscriptions

1. Premium availability depends on the operating system, Application version and distribution channel. Beta versions may include store purchase tests. The store confirmation screen identifies the type of transaction and any amount payable. Creating an Account, using free features or reaching a usage limit does not trigger a payment. Rewarded ads are currently disabled.
2. If Premium is available in a particular version, the Application shows its features, price, billing period and renewal terms before purchase. A purchase will require separate confirmation through Apple App Store or Google Play. The displayed offer and the relevant store’s terms supplement these Terms.
3. An automatically renewing subscription continues until cancelled in the relevant store’s settings. Deleting the Application or a Scenza Account does not cancel a store subscription. Cancelling future renewals does not itself generate an automatic refund for the current period; it does not exclude statutory withdrawal, complaint or refund rights, or refunds available under store rules.
4. Payment and refund requests may be submitted to the store operator under its procedures. Complaints about Scenza services may be submitted to us under §11; using the store’s procedure is not a prerequisite for contacting us.
5. If rewarded ads become available, watching them will be optional and may grant an additional AI use described in the Application. A reward requires confirmation that the ad was completed and is subject to the displayed limits. The Privacy Policy describes ad data processing and privacy choices.

§10. Right of withdrawal

1. A Consumer who enters into a distance agreement with the Service Provider may withdraw from it without giving a reason within 14 days of its conclusion (Article 27 of the Polish Consumer Rights Act of 30 May 2014).
2. To exercise the right of withdrawal, the Consumer must make an unequivocal statement to the Service Provider, for example by emailing info@scenza.pl.
3. Merely starting to use the Application does not cause the statutory right of withdrawal to be lost. Any exception applies only when all legal conditions are met, taking account of the distinction between a digital service and digital content.
4. Use of free Application features involves no payment. To that extent, the electronic services agreement may be terminated at any time without giving a reason by deleting the Account under §5(4).

§11. Complaints

1. Complaints concerning operation of the Application, quality of Services or digital content may be submitted:
   • electronically to info@scenza.pl,
   • in writing to the Service Provider’s correspondence address at ul. Szpakowa 10/128, 30-691 Kraków, Polska.
2. A complaint should include the User’s name (or nickname), the email address assigned to the Account, a description of the problem and the requested resolution.
3. The Service Provider considers a complaint within 14 days of receipt and informs the User of the outcome by email.
4. A failure to respond within 14 days means the complaint is accepted where applicable law so provides.

§12. Out-of-court dispute resolution

1. A Consumer may use out-of-court complaint and redress procedures, including:
   • mediation before regional inspectorates of the Polish Trade Inspection Authority,
   • proceedings before permanent consumer arbitration courts operating at those inspectorates,
   • assistance from district or municipal consumer ombudsmen and organisations protecting consumer rights.
2. Information about out-of-court complaint and redress procedures and the bodies handling them is available from UOKiK’s alternative dispute resolution website.
3. Out-of-court methods are voluntary. The Service Provider does not undertake to participate in such proceedings unless required by law.

§13. Liability

1. The Service Provider makes reasonable efforts to ensure that the Application operates continuously and correctly. Given the nature of electronic services, however, it does not guarantee uninterrupted availability and reserves the right to technical interruptions required for maintenance and updates.
2. When using the Application, please bear in mind that:
   • external sellers are responsible for their own websites, offers and purchase agreements;
   • catalogue information and offers may contain errors or change; fragrance notes do not replace the manufacturer’s ingredient list;
   • fragrance perception and product tolerance are individual, and recommendations do not guarantee a particular result;
   • Users should protect their login details and report suspected security incidents.
3. For Users who are not Consumers, the Service Provider’s liability is limited to actual loss, excluding lost profits, to the extent permitted by law.
4. These limitations do not exclude or restrict liability to the extent it cannot be excluded or restricted under mandatory law, particularly in relation to Consumers.

§14. Intellectual property rights

1. All rights in the Application, including its source code, layout, graphic elements, the “Scenza” trade marks and databases, belong to the Service Provider or its licensors.
2. The User receives a non-exclusive, non-transferable licence to use the Application solely within the scope and for the purpose arising from its functionality and these Terms. The licence does not include the right to modify, decompile, translate, resell or publicly make the Application available.
3. Brands, names and trade marks of perfumes and perfume houses displayed in the Application belong to their owners and are used for information only.

§15. Personal data

1. The controller of Users’ personal data is Karol Walęcki.
2. The rules, legal bases and purposes of personal data processing, retention periods, data recipients and Users’ rights are described in detail in the Privacy Policy, which forms an integral part of these Terms.

§16. Changes to the Terms

1. The Service Provider may amend these Terms for important reasons such as a change in law, introduction of new features, ensuring User security, clarifying provisions or changing the Subscription model.
2. Users will be informed of changes at least 14 days in advance by email to the address assigned to the Account or by a notice in the Application. Organisational changes or corrections of obvious errors may take effect without prior notice.
3. A User who does not accept changes may terminate the agreement by deleting the Account. If a change to a digital service materially and negatively affects access to or use of it, we will provide advance notice on a durable medium (such as email), explaining the change, its timing and the right to terminate without a notice period within 30 days of the change or later notification. This right does not apply if we allow the User to retain the unchanged, contract-compliant service without additional cost. These Terms do not restrict Consumers’ statutory rights.

§17. Final provisions

1. Matters not governed by these Terms are subject to Polish law, in particular the Polish Civil Code, the Act on the Provision of Electronic Services and, for Consumers, the Consumer Rights Act and the GDPR.
2. Any dispute arising from these Terms will be resolved by the court having jurisdiction under applicable law. For Consumers, this does not exclude or limit rights arising under mandatory law.
3. If any provision of these Terms is found invalid or ineffective, the remaining provisions remain in force.
4. These Terms apply from April 28, 2026.