Documents
Melon app terms of service
1. General provisions
These terms set out the rules for using the Melon mobile app for iOS and Android (the “App”) and are the terms referred to in Article 8 of the Polish Act of 18 July 2002 on providing services by electronic means.
The service provider is Nublado sp. z o.o., ul. Henryka Sienkiewicza 3, 80-227 Gdańsk, Poland, entered in the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS 0001050386, NIP (tax ID) 9571161497, REGON 525989527, share capital PLN 10,000 (the “Provider”). Contact: info@melon.edu.pl.
Terms used in these terms of service:
- Institution: a school, club or other activity organiser that uses Melon, creates groups and creates accounts for guardians.
- User: an adult guardian of a child who has an account in the App.
- Group: a team, class or other group of children in an Institution, within which guardians organise shared rides.
- Ride: taking children to or from an activity, as agreed by Users in the App.
- Driver: a User who has undertaken to drive a Ride.
2. Services
In the App, the Provider offers the following services by electronic means:
- running the User's account,
- viewing groups, events and the ride plan,
- requesting a lift and offering rides,
- route planning and navigation for the Driver,
- sharing the car's position with the guardians of the children being carried, and recording the children's pickup and drop-off,
- group chat and messages to organisers,
- in-app notifications and push notifications.
The services are free of charge for Users. The terms of cooperation with Institutions are set out in separate agreements.
3. What Melon is and what it is not
Melon is a tool for organising rides between guardians. The Provider is not a carrier, does not carry out transport, does not act as an intermediary in payments and is not a party to arrangements between Users.
Rides are unpaid, neighbourly help between guardians. A Driver may not charge fees or obtain any other financial benefit for a Ride, whether through the App or outside it.
The Provider does not check driving licences, the roadworthiness of vehicles or their insurance. Each guardian decides for themselves whether to entrust their child to a given Driver. An Institution may have its own rules on rides for its groups.
4. Driver's obligations
A Driver who undertakes a Ride is responsible for carrying it out safely and in accordance with the law, and in particular:
- holds a valid driving licence, and the vehicle is roadworthy, registered for road use and covered by compulsory third-party liability insurance (OC),
- carries no more people than the vehicle allows, and carries children in child seats or restraint systems in accordance with Article 39 of the Polish Road Traffic Act,
- does not use the phone in a way that requires holding it while driving; starts navigation before setting off and operates it only when stationary,
- hands a child over only to the child's guardian or to a person authorised to pick up the child who is shown in the App,
- records the child's pickup and drop-off in the App in line with what actually happened, or does not cancel an automatic record that is in line with what actually happened,
- informs the guardians through the App if they cannot carry out the Ride.
5. Technical requirements
- A phone running iOS 16.4 or later or Android 7.0 or later with internet access.
- For sharing the car's position and for navigation: location turned on and permission for the App to use it.
- For notifications: permission for notifications in the phone's system settings.
Using the internet carries typical risks such as malware, phishing or interception of data in transit. The App connects to the server only over an encrypted connection. The Provider never asks for your password by email or by phone.
6. Account and conclusion of the agreement
A User's account is created by the Institution the child's group belongs to. The agreement for the provision of services in the App is concluded for an indefinite period when the User signs in for the first time, after reading these terms.
The User keeps their password confidential and does not let other people use their account. One account belongs to one person.
7. Termination of the agreement and account deletion
The User may terminate the agreement at any time, without giving a reason and at no cost, by asking for their account to be deleted as described on the account deletion page. A User who is a consumer may also withdraw from the agreement within 14 days of its conclusion, without giving a reason, in the same way.
The Provider may terminate the agreement with 14 days' notice for important reasons, such as the end of cooperation with the Institution or the end of the service. The Provider may block an account without notice if the User seriously breaches these terms, in particular by endangering the safety of children. The Provider informs the User of the reason by email.
An Institution may remove a User from its groups. The Provider may delete an account that does not belong to any group.
8. Rules of use and User content
The User uses the App in accordance with the law and good practice. In particular, it is prohibited to:
- provide false data, especially about a child, a pickup place, a Driver or a vehicle,
- add other people's data (for example people authorised to pick up a child) without their knowledge; a User who adds such a person passes on to them the link to the App privacy policy,
- post content in the chat that is unlawful, offensive, harassing or that violates children's privacy,
- use other Users' data (phone numbers, addresses, locations) for purposes unrelated to organising rides,
- take actions that disrupt the operation of the App.
Content that breaches the law or these terms can be reported to info@melon.edu.pl, stating where it is and why it is not allowed. The Provider handles reports without undue delay, may remove the content or block the account, and informs the person who reported it and the author of the content of the decision and the reasons for it. The decision can be appealed through the complaints procedure. The Provider does not use automated content moderation. Point of contact for authorities and Users within the meaning of Regulation (EU) 2022/2065 (Digital Services Act): info@melon.edu.pl, in Polish or English.
9. Availability and liability
The Provider takes care to keep the App running continuously, but may temporarily switch it off for technical work, informing Users in advance where possible. The car's position, the arrival time and the automatic pickup and drop-off records are based on the phone's location and may be inaccurate or delayed. They do not replace contact between guardians.
The Provider is not liable for how Rides are carried out or for the actions of Users, Drivers and Institutions, subject to mandatory provisions of law. This provision does not limit the Provider's liability towards consumers to the extent that the law does not allow it.
10. Google navigation
Navigation in the App uses the Google Navigation SDK. Before starting navigation for the first time, the User accepts Google's terms displayed in the App. Navigation instructions are for guidance only; the Driver follows traffic regulations and road signs first and foremost.
11. Complaints
Complaints about how the App works can be sent by email to info@melon.edu.pl or by post to the Provider's registered office. A complaint should include the User's contact details and a description of the problem. The Provider handles a complaint within 14 days of receiving it and replies the same way it was sent, unless the User asks otherwise.
12. Personal data
How personal data, including location, is processed in the App is described in the App privacy policy.
13. Rights to the App
The App, its design, texts, graphics and the Melon logo are protected by copyright and belong to the Provider or are used with the permission of the rights holders. The User may use the App only to the extent needed to use the services described in these terms.
14. Changes to these terms
The Provider may change these terms for important reasons, in particular a change in the law, in the scope of the services or in how they are provided. The Provider informs Users of a change in the App or by email at least 14 days before it takes effect. A User who does not accept the changes may terminate the agreement by that date by deleting their account.
15. Final provisions
These terms are governed by Polish law. This choice of law does not deprive a consumer of the protection afforded by the mandatory provisions of the country of their habitual residence.
A User who is a consumer may use out-of-court complaint and redress procedures, for example by contacting a municipal or district consumer ombudsman (rzecznik konsumentów) or a regional inspectorate of the Trade Inspection (Inspekcja Handlowa). Information about these procedures is available on the website of the Office of Competition and Consumer Protection (uokik.gov.pl).