Terms of service for services provided electronically

1. General provisions

These Terms set out the rules for providing services electronically through the website dariuszmalojlo.pl, the conditions for entering into and terminating contracts, the complaints procedure and the rules for withdrawing from a contract.

The Service Provider is:

Dariusz Małojło
ul. Magnolii 7, 43-385 Jasienica, Poland
Tax ID (NIP): 5471988924
Email: kontakt@dariuszmalojlo.pl
Website: dariuszmalojlo.pl

All contact about orders, payments, withdrawal from a contract and complaints takes place at the email address above.

These Terms are available free of charge at dariuszmalojlo.pl/en/terms/ (Polish version: dariuszmalojlo.pl/regulamin/) in a form that allows you to download, reproduce and save them.

2. Definitions

• Service Provider — Dariusz Małojło, details as given in § 1.
• Client — a natural person, legal person or organisational unit using the Services.
• Consumer — a Client who is a natural person entering into a contract not directly connected with their business or professional activity.
• Entrepreneur with consumer rights — a natural person running a business who enters into a contract that is not of a professional nature for them (Article 7aa of the Polish Consumer Rights Act).
• Website — the website available at dariuszmalojlo.pl.
• Service — a service offered by the Service Provider, as described in § 4.
• Digital content — an audio or video recording or material in the form of a file, supplied electronically.
• Event — a group session, workshop, training, course or other meeting held in person or online on a set date.
• One-to-one session — a one-to-one meeting, in person or online, on a date agreed individually.
• Payment link — a link leading to the payment form of the Paynow operator.
• Order form — a form on the Website in which the Client gives their details and proceeds to payment with the Paynow operator.
• Regular Practice — open online breath sessions led by the Service Provider on the dates given on the Website.

3. Technical requirements

To use the Website and the Services you need:

• a device with internet access and an up-to-date web browser that supports JavaScript and cookies,
• an active email account,
• for Digital content — software that plays audio or video files in commonly used formats,
• for Services provided online — a microphone and an internet connection fast enough to take part in a video call.

The Client must not provide unlawful content, in particular through the contact form.

4. Types and scope of services

4.1 Free services

• Browsing the Website — access to the content published on the Website.
• Contact form — sending a message to the Service Provider. The contract is concluded for the time needed to handle the enquiry.
• Regular Practice — taking part in the sessions. Taking part is free and does not depend on any payment.
• Newsletter — emails about sessions, courses and events, sent after the subscription is confirmed. The contract is concluded for an indefinite period; the Client may end it at any time using the “unsubscribe” link in a message or by writing to the Service Provider’s email address.

4.2 Paid services

• Digital content — recordings of breath sessions and materials in the form of files, supplied electronically.
• One-to-one sessions — meetings held in person or online.
• Events — group sessions, workshops, trainings and courses held in person or online on set dates.
• Payment for the Practice — a voluntary payment for the Regular Practice, in an amount chosen by the Client within the limits given in the Order form. The payment is not a condition for taking part in the sessions.

The scope, programme, duration, place and price of each paid Service are given in its description on the Website or in a message sent to the Client before the contract is concluded.

4.3 Exclusions

These Terms do not cover package travel or linked travel arrangements within the meaning of the Polish Act on Package Travel and Linked Travel Arrangements. Trips and journeys presented on the Website are carried out under separate terms of participation, given for each trip, and — if the organiser is a third party — under a contract concluded directly with that organiser.

5. Concluding a contract

Information about the Services on the Website is an invitation to conclude a contract, not an offer within the meaning of the Polish Civil Code.

A contract is concluded in one of the following ways:

• Digital content — at the moment of payment through the Payment link.
• Order form — the Client chooses the Service (for Payment for the Practice — the amount), gives their details, confirms that they have read these Terms and proceeds to payment. The contract is concluded at the moment of payment.
• One-to-one sessions and Events — the Client registers interest through the contact form or by email; the Service Provider confirms that the date is available and sends the terms of participation together with a Payment link. The contract is concluded at the moment of payment of the amount stated in the confirmation.

Before paying, the Client confirms that they have read and accept these Terms.

The Service Provider sends the Client a confirmation of the contract on a durable medium — by email to the address given by the Client.

6. Prices and payments

All prices on the Website are gross prices in Polish złoty (PLN). For Services whose price is also given in euro (EUR), the amount in the currency chosen by the Client at payment is binding.

The price covers only what is listed in the description of the Service. Travel, accommodation and meals are paid for by the Client, unless the description of the Service says otherwise.

Payments are handled by Paynow — a service provided by mBank S.A., based in Warsaw. Available payment methods include in particular: BLIK, fast online bank transfer (pay-by-link), payment card, Google Pay and Apple Pay — to the extent offered by the operator at the time.

The Client pays after being redirected from the Payment link or the Order form to the operator’s website. The Client gives their payment details directly to the operator; the Service Provider does not process card details or online banking login details.

At the Client’s request, the Service Provider issues an invoice. The request, together with the invoice details, should be sent to the Service Provider’s email address before payment or promptly after it.

Payment is made before the Service is provided (prepayment), unless the terms of participation for a given Service say otherwise.

7. Providing the services

7.1 Digital content

The Service Provider supplies access to Digital content promptly after the payment is received — to the email address given by the Client, as a link to download or to play online. If it is not supplied automatically, the Service Provider sends access no later than 24 hours after the payment is received.

If the Client does not receive access within this time, they should contact the Service Provider. The Service Provider supplies the Digital content promptly after receiving this information; if it does not, the Client may withdraw from the contract.

7.2 One-to-one sessions

A session takes place on the date agreed by both parties. The date can be changed at no extra cost if the Client gives notice at least 24 hours before the agreed time. If notice is given later, or the Client does not attend without notice, the Service Provider may treat the session as provided.

Online sessions are held on the video-call platform named in the confirmation of the date.

7.3 Events

An Event takes place on the date and at the place given in its description. The Service Provider sends the Client the organisational details before the Event begins.

The Client may transfer their place to another person by informing the Service Provider in writing or by email no later than 7 days before the Event begins.

8. Deposits and booking a place

For some Events, a place is booked once a deposit is paid. The amount of the deposit, the deadline for paying it, the deadline for paying the rest and the refund rules are given in the description of the Event or in the terms of participation sent to the Client before the contract is concluded. These terms form an integral part of the contract.

Unless the terms of participation say otherwise:

• the amount paid is an advance payment (zaliczka) within the meaning of the Polish Civil Code, not a non-refundable deposit (zadatek),
• the advance payment counts towards the price of the Service,
• if the Client cancels, the advance payment is refunded after deducting the documented costs the Service Provider has incurred in preparing the Service,
• if the Service Provider cancels the Event, the advance payment is refunded in full.

Refunds are made within 14 days, using the same payment method the Client used, unless the Client expressly agrees to another solution.

9. Cancellation or change of date by the Service Provider

The Service Provider may cancel an Event or change its date for reasons beyond its control, in particular illness of the person leading it, force majeure or not reaching the minimum number of participants given in the description of the Event.

In that case the Service Provider informs the Client promptly and offers a choice: taking part on the new date, transferring the payment to another Service, or a full refund of the amount paid. The refund is made within 14 days of the Client making this choice.

10. Withdrawal from the contract

A Consumer, and an Entrepreneur with consumer rights, may withdraw from a contract concluded at a distance within 14 days without giving a reason and without any cost, subject to the exceptions in § 10.2.

10.1 How to withdraw

The period runs from the day the contract is concluded — for contracts for services and for the supply of digital content. To meet the deadline, it is enough to send the statement before it expires.

The statement may be made in any form, in particular by email to kontakt@dariuszmalojlo.pl. You may use the model form attached to these Terms — this is not compulsory.

The Service Provider promptly confirms receipt of the statement and refunds all payments received no later than 14 days after receiving it, using the same payment method.

10.2 When the right of withdrawal does not apply

Under Article 38 of the Polish Consumer Rights Act, the right of withdrawal does not apply to contracts:

• for the supply of digital content not supplied on a tangible medium — if the Service Provider began performance with the Consumer’s prior express consent, and the Consumer was informed before performance began that they would lose the right of withdrawal once it is performed, and acknowledged this (Article 38(1)(13));
• for services related to entertainment, sporting or cultural events or to leisure — if the contract specifies the day or period of performance (Article 38(1)(12)). This applies to Events held on a set date;
• for services fully performed — if the Service Provider performed the service with the Consumer’s express prior consent, and the Consumer was informed before performance began that they would lose the right of withdrawal once it is performed, and acknowledged this (Article 38(1)(1)).

The Client gives the consents mentioned above before paying — by ticking the relevant box at the Payment link or in the confirmation sent by email. Without such consent, access to Digital content is given after the withdrawal period has ended.

10.3 Withdrawal after performance has begun

If, at the Consumer’s express request, performance of the Service began before the withdrawal period ended and the Consumer then withdraws from the contract, they must pay for what was provided up to the moment of withdrawal — in proportion to the scope of the service performed.

11. Complaints

The Service Provider must provide a Service that complies with the contract.

A complaint can be made by email to kontakt@dariuszmalojlo.pl or in writing to the Service Provider’s address. A complaint should include: the Client’s details, a description of the non-compliance, the date it occurred and what the Client requests.

The Service Provider considers the complaint and replies within 14 days of receiving it, on a durable medium. No reply within this time means the complaint is accepted.

If Digital content does not comply with the contract, the Consumer has the rights set out in Chapter 5b of the Polish Consumer Rights Act — in particular the right to have the Digital content brought into compliance with the contract and, after that, to a price reduction or withdrawal from the contract.

If Services other than Digital content are not performed properly, the provisions of the Polish Civil Code apply.

12. Out-of-court dispute resolution

A Consumer may use out-of-court ways of handling complaints and pursuing claims, in particular:

• apply to a permanent consumer arbitration court at the regional inspector of the Trade Inspection (Inspekcja Handlowa),
• apply to the regional inspector of the Trade Inspection to start mediation proceedings,
• get free help from a district or municipal consumer ombudsman or from a social organisation working for consumers,
• use the information available on the website of the Polish Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl.

Using these ways is voluntary and requires the consent of both parties.

13. Taking part in the practice — safety

Services based on the DMCO® method are educational and developmental in nature. They are not a health service, therapy or a form of treatment, and they do not replace a consultation with a doctor or the care of a specialist.

The Client takes part in the practice voluntarily and judges their own readiness to take part. Before registering, the Client informs the Service Provider about relevant health circumstances that the Service Provider asks about in the registration form or before the practice begins.

The Client practises at a pace that suits them and may stop at any time.

The Services are open to adults. A minor may take part only with the consent of their legal guardian and after prior agreement with the Service Provider.

14. Copyright

The content published on the Website, training materials and Digital content are protected by the Service Provider’s copyright or are used on the basis of appropriate rights.

Buying Digital content entitles the Client to use it for personal use only. Copying, playing it in public, sharing it with third parties, reselling it and using it for commercial purposes require the Service Provider’s prior written consent.

Recording, photographing and broadcasting One-to-one sessions and Events requires the consent of the Service Provider and the other participants.

DMCO is a registered trade mark.

15. Personal data

The controller of Clients’ personal data is the Service Provider. The rules of data processing, legal bases, retention periods and the Client’s rights are described in the Privacy policy.

16. Final provisions

Matters not covered by these Terms are governed by Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on Providing Services by Electronic Means.

The Service Provider may change these Terms for important reasons — changes in the law, changes in the scope or way of providing the Services, or changes in payment methods. Information about a change is published on the Website at least 14 days in advance.

Contracts concluded before a change comes into force are governed by the Terms in their previous wording.

Provisions of these Terms that are less favourable to the Consumer than mandatory provisions of law do not bind the Consumer — those provisions of law apply instead.

These Terms are in force from 3 November 2026.

Annex — model withdrawal form