Legal
Terms of Service
1. Who we are
The Service is provided by:
FUTURE FIRST ALEKSANDRA GAWĘDA SPÓŁKA KOMANDYTOWA
ul. Chmielna 2 / 31, 00-020 Warszawa, Poland
KRS: 0001242611
NIP (VAT ID): 5253091030
REGON: 544815459
Email: contact@owngrain.com
In these Terms we refer to this company as "we", "us"or "the Provider", and to you as "you" or"the User".
2. Definitions
- Service
- The OwnGrain website at owngrain.com, the questionnaire available on it, and the Report generated from your answers.
- Test
- The online questionnaire consisting of behavioural frequency items and energy balance items, free of charge to complete.
- Report
- The paid digital product: a personalised profile of 25 action patterns across two dimensions, together with the accompanying written guidance.
- Digital content
- Data produced and supplied in digital form, within the meaning of applicable consumer protection law. The Report is digital content.
- Consumer
- A natural person entering into a contract with us for purposes not directly related to their business or professional activity.
3. What the Service is - and what it is not
OwnGrain is a self-development tool. It presents a structured description of how you reported your own behaviour, and offers suggestions based on that description.
The Service is expressly not:
- a medical device, a diagnostic tool, or a means of assessing physical or mental health;
- psychological, medical, therapeutic, legal or financial advice;
- a substitute for consultation with a qualified professional;
- a selection instrument, and it must not be used as a basis for decisions about hiring, promotion, remuneration or dismissal;
- a validated psychometric instrument. The underlying methodology is undergoing validation. Until that process is complete, results are calculated relative to the spread of your own answers rather than against a normative population sample. We state this openly in the Report itself.
If you are experiencing distress, exhaustion or any health concern, please consult a doctor or a qualified mental health professional. Do not rely on the Report in place of professional care.
4. Who may use the Service
You must be at least 16 years old to use the Service. By using it, you confirm that you meet this requirement and that the information you provide is your own.
The Test is free to complete. No account is required. Your answers are stored in your browser until you choose to purchase the Report.
5. How a contract is formed
The purchase process is as follows:
- You complete the Test free of charge and see a free summary of your result.
- You provide your first name and email address and select the option to purchase the Report.
- You are redirected to our payment provider and complete payment there.
- The contract is concluded at the moment payment is successfully confirmed.
- We confirm the contract and send you access to the Report by email.
Information presented on the website does not constitute a binding offer. It is an invitation to conclude a contract.
6. Price and payment
The price of the Report is displayed on the website before purchase and includes all applicable taxes. The price shown at the moment of purchase is the price that applies to that purchase.
We may change prices at any time. A change never affects a purchase already completed. Where a price is described as introductory or promotional, it applies only for as long as it is displayed on the website.
Payments are processed by Stripe. We do not receive, process or store your payment card details. Your relationship with the payment provider is additionally governed by that provider's own terms.
Payment is one-off. There is no subscription and no recurring charge. Access to the Report is not time-limited, subject to section 13.4.
7. Delivery of the Report
The Report is delivered digitally and immediately after payment is confirmed - normally within a few minutes. You receive access on the website and a link by email.
If you have not received access within 24 hours of a confirmed payment, contact us atcontact@owngrain.com and we will resolve it.
8. Right of withdrawal
If you are a Consumer, you generally have the right to withdraw from a distance contract within 14 days without giving a reason.
Important - digital content supplied immediately
The Report is digital content that is not supplied on a tangible medium. Before payment, we ask you to give your express consent to us beginning performance before the withdrawal period expires, and to acknowledge that you will thereby lose your right of withdrawal.
If you give that consent and we deliver the Report, your right of withdrawal expires. If you do not give that consent, the Report is not delivered until the 14-day period has passed.
This does not affect your statutory rights where the Report is faulty, does not match its description, or was not delivered - see section 9.
Regardless of the above, we may at our discretion refund a purchase where a User is genuinely dissatisfied and contacts us within 14 days. This is a goodwill practice, not a contractual obligation.
9. Complaints
We are obliged to deliver digital content that conforms to the contract. If it does not, you may make a complaint.
Send complaints to contact@owngrain.com, describing the problem and the email address used for the purchase. We respond within14 days of receiving the complaint.
Where a complaint is justified, you may request that the content be brought into conformity. If that is impossible or disproportionate, or if we fail to do so within a reasonable time, you may request a price reduction or withdraw from the contract.
10. Technical requirements
To use the Service you need:
- a device with internet access;
- a current version of a common web browser with JavaScript enabled;
- browser storage (local storage) enabled, so that your answers are preserved while you complete the Test;
- a working email address, in order to receive access to the Report.
Clearing your browser data before purchase will delete answers that have not yet been submitted with a purchase.
11. Intellectual property
The Service - including the methodology, the taxonomy of 25 patterns, the questionnaire items, the descriptions, the report texts, the graphics and the software - is protected by copyright and other intellectual property rights, and belongs to the Provider or its licensors. "OwnGrain" is a trade mark of the Provider.
On purchase you receive a non-exclusive, non-transferable licence to use your own Report for your own personal purposes, including sharing it with people you choose, such as a coach, a manager or a partner.
You may not, without our prior written consent:
- reproduce, publish or distribute the questionnaire items, pattern descriptions or report texts, in whole or in substantial part;
- use the content to build, train or develop a competing product or a machine learning model;
- resell, sublicense or commercially exploit the Report;
- remove or obscure any notice of authorship or ownership.
12. Acceptable use
You agree not to:
- interfere with the operation, security or integrity of the Service;
- use automated means to access the Service, other than standard search engine indexing where permitted;
- attempt to reconstruct the scoring algorithm, the item key or the underlying data;
- use the Service unlawfully, or in a way that harms others;
- submit another person's data as your own without their knowledge.
We may suspend access where the Service is used in breach of these Terms, in a manner that threatens its security, or unlawfully.
13. Liability
13.1. The Report is informational and interpretive in nature. Decisions you take on the basis of it - concerning work, career, relationships, health or anything else - are your own. We are not liable for the consequences of those decisions.
13.2. We make no warranty that the result will match your self-perception, the perception of others, or the outcome of any other assessment tool.
13.3. We are not liable for interruptions caused by circumstances beyond our reasonable control, including failures of internet infrastructure, hosting or the payment provider.
13.4. We aim to keep the Report available indefinitely, but we do not guarantee perpetual availability of the website. Should we discontinue the Service, we will give Users who hold a Report at least 90 days' notice by email and make the Report available for download.
13.5. Nothing in these Terms limits our liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be limited under applicable law. In particular, these limitations do not restrict the statutory rights of Consumers.
14. Changes to these Terms
We may amend these Terms for valid reasons, such as changes in law, changes in how the Service works, or the addition of new features. The amended Terms are published on this page with a new version number and date.
A contract already concluded is governed by the version of the Terms in force at the moment of purchase.
15. Governing law and disputes
These Terms are governed by Polish law. Where you are a Consumer resident in another country, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.
Any dispute will first be addressed amicably. Consumers may use out-of-court dispute resolution mechanisms, including the European Commission's Online Dispute Resolution platform atec.europa.eu/consumers/odr.
For Users who are not Consumers, any dispute is subject to the exclusive jurisdiction of the court having jurisdiction over the Provider's registered office.
16. Contact
For any question about these Terms, the Service or your Report, write tocontact@owngrain.com. A person reads every message.