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Totu Legal

Legal

Terms of Service

The terms that apply when you use totulegal.com, book a consultation or buy a service from Totu Legal.

§1 General provisions

  1. The website www.totulegal.com operates under the rules set out in these Terms of Service.
  2. These Terms set out the conditions for using the Website, the conditions for concluding and terminating Sales Agreements for Products and the complaint procedure, as well as the types and scope of services provided electronically through the Website www.totulegal.com, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
  3. Every User, from the moment they take steps to use the Electronic Services of the Website www.totulegal.com, is obliged to comply with these Terms.
  4. Information on the Website is general information, not legal advice. Using the Website, sending a message through the Contact Form or the Chat, or booking a free case evaluation does not create an attorney-client relationship. An attorney-client relationship arises only after the Service Provider confirms the engagement, and a paid consultation covers the advice given during that consultation.
  5. In matters not regulated by these Terms, the following apply:
    • the Polish Act of 18 July 2002 on the provision of electronic services;
    • the Polish Act of 30 May 2014 on consumer rights;
    • the Polish Act of 23 September 2016 on out-of-court resolution of consumer disputes;
    • the Polish Civil Code of 23 April 1964 and other applicable provisions of Polish law;
    • the rules of professional conduct binding on the attorney providing the service (including the Code of Ethics of the Polish Bar and the California Rules of Professional Conduct, as applicable to the matter).

§2 Definitions

  1. CHAT – the interactive form available on the Website www.totulegal.com that asks the User about their matter, collects their contact details, sends a message to the Service Provider and allows a consultation to be booked.
  2. CONTACT FORM – the form available on the Website www.totulegal.com that allows a message to be sent to the Service Provider.
  3. ORDER FORM – the form available on the Website www.totulegal.com, including the booking system (Calendly) and the payment system (Stripe), that allows an Order to be placed.
  4. CLIENT – a User who intends to conclude or has concluded a Sales Agreement with the Service Provider.
  5. CONSUMER – a natural person who performs a legal transaction with a business that is not directly related to their business or professional activity.
  6. PRODUCT – a service available on the Website, in particular a paid legal consultation held online (video call) or in person, which is the subject of a Sales Agreement between the Client and the Service Provider, or another product made available for sale on the Website. The free case evaluation is not a Product.
  7. TERMS – these Terms of Service of the Website.
  8. WEBSITE – the Service Provider's website available at www.totulegal.com.
  9. SERVICE PROVIDER – PODSKARBI SP. Z O.O., operating as Totu Legal, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0001202009, kept by the District Court in Koszalin, IX Commercial Division of the National Court Register, NIP (Polish tax ID): PL4990709359, REGON: 543071442, share capital: PLN 100,000.00, place of business and address for service: Nowy Świat 33/13, 00-029 Warsaw, Poland, second office: 9350 Wilshire Blvd, Suite 203, Beverly Hills, CA 90212, United States, email: office@totulegal.com, phone: +48 501 305 983 or +1 (310) 878-1022.
  10. SALES AGREEMENT – an agreement for the sale of a Product concluded between the Client and the Service Provider through the Website.
  11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User through the Website.
  12. USER – a natural person, legal person or organizational unit without legal personality but with legal capacity granted by law, using an Electronic Service.
  13. ORDER – the Client's declaration of intent constituting an offer to conclude a Sales Agreement for a Product with the Service Provider.

§3 Information about Products and ordering

  1. The Website www.totulegal.com may sell Products over the Internet.
  2. The Service Provider may also offer Products for sale through other online platforms, in accordance with the offer and description published on those platforms. In such a case, these Terms apply accordingly.
  3. Information on the Website does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to purchase a specific Product on the terms set out in its description.
  4. The price of a Product shown on the Website is stated in the currency indicated next to it (Polish zloty, PLN, or U.S. dollars, USD) and includes all components, including VAT where applicable.
  5. The price of a Product shown on the Website is binding at the moment the Client places the Order. It will not change regardless of price changes on the Website that may occur for individual services after the Client places the Order, unless the Product description states otherwise.
  6. Orders may be placed:
    • through the website using the Order Form (Website www.totulegal.com), 24 hours a day, all year round;
    • by email to: office@totulegal.com;
    • through other platforms cooperating with the Service Provider.
  7. A condition for placing an Order on the Website is that the Client reads these Terms and accepts their provisions when placing the Order.
  8. If, before starting to perform the service constituting the Product, the Service Provider is forced, for reasons beyond its control, to change material terms of the Sales Agreement with the Client, it will notify the Client without delay.
  9. In the situation referred to in point 8, the Client is obliged to inform the Service Provider without delay whether they:
    • accept the proposed change to the Sales Agreement; or
    • withdraw from the Sales Agreement with an immediate refund of all payments made by the Client and without any obligation to pay a contractual penalty.
  10. If the Client withdraws from the Sales Agreement under point 9, or if the Service Provider cancels the performance of the service that is the subject of the Sales Agreement for reasons not attributable to the Client, the Client has the right, at their choice, to:
    • receive a substitute service of the same or higher standard, unless they agree to a service of a lower standard with a refund of the price difference; or
    • demand an immediate refund of all payments made.
  11. The Service Provider is liable for non-performance or improper performance of the service constituting the Product, unless the non-performance or improper performance is caused solely by:
    • an act or omission of the Client;
    • an act or omission of third parties not involved in performing the services provided for in the Sales Agreement, if such acts or omissions could not be foreseen or avoided;
    • force majeure (a random or natural event, such as a natural disaster, that is unavoidable and beyond the Service Provider's control, in particular catastrophic natural events and extraordinary events disrupting public life, such as war, civil unrest or an epidemic).

§4 Conclusion of a Sales Agreement

  1. To conclude a Sales Agreement, the Client must first place an Order using the methods made available by the Service Provider, in accordance with §3(6) and (7) of these Terms.
  2. After the Order is placed, the Service Provider promptly confirms its receipt.
  3. Confirmation of receipt of the Order referred to in point 2 binds the Client to their Order. Confirmation of receipt of the Order is sent by email.
  4. The confirmation of receipt of the Order contains:
    • confirmation of all material elements of the Order;
    • these Terms, including information on the right to withdraw from the agreement (or a link to them).
  5. The Sales Agreement between the Client and the Service Provider is concluded when the Client receives the email referred to in point 4.
  6. Each Sales Agreement is confirmed by a proof of purchase (VAT invoice or receipt), which is attached to the Product and/or sent by email to the Client's email address provided in the Order Form.

§5 Payment methods

  1. The Service Provider offers payment through an electronic payment system (Stripe).
  2. When paying through the electronic payment system, the Client pays before the Order is performed. The electronic payment system allows payment by credit or debit card and, depending on the Client's country, other methods offered by Stripe, such as fast bank transfers from selected Polish and foreign banks, BLIK, Apple Pay or Google Pay.
  3. The Client is obliged to pay the price under the Sales Agreement within 3 business days of its conclusion, unless the Sales Agreement provides otherwise.
  4. The service will be performed only after it has been paid for.

§6 Performance of the Order

  1. A Product in the form of an online consultation is performed by holding the consultation through a means of distance communication agreed between the Parties (by default Google Meet), on a date agreed between the Parties or on a date selected by the Client in the consultation booking system made available by the Service Provider (Calendly). A consultation may also be held in person at one of the Service Provider's offices, if so agreed.
  2. Other Products are delivered to the Client to the address indicated by the Client (including an email address for documents in electronic form) promptly after the Sales Agreement is concluded and the Service Provider receives confirmation of payment of the Product price.

§7 Product complaints

  1. Complaints under the statutory warranty:
    • the basis and scope of the Service Provider's liability to a Client who is a Consumer or an entity referred to in §10 of these Terms, under the statutory warranty for physical and legal defects (non-conformity of the service with the agreement), are set out in the Polish Civil Code of 23 April 1964 and the Polish Act of 30 May 2014 on consumer rights;
    • notifications of defects concerning the Product and the relevant demand may be submitted by email to: office@totulegal.com;
    • the email should include as much information and as many circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. This information will significantly facilitate and speed up the handling of the complaint by the Service Provider;
    • the Service Provider will respond to the Client's demand promptly, no later than within 14 days of the complaint being submitted;
    • in the case of a complaint by a Client who is a Consumer or an entity referred to in §10 of these Terms, failure to respond to the complaint within 14 days of its submission means that the complaint has been accepted.
  2. The response to the complaint is provided on paper or another durable medium, such as an email or a text message.

§8 Right of withdrawal

  1. Subject to point 4, a Client who is a Consumer or an entity referred to in §10 of these Terms and who has concluded a distance agreement may withdraw from it without giving any reason by submitting a relevant statement within 14 days, for example by email to office@totulegal.com.
  2. In the event of withdrawal from the Sales Agreement, the agreement is deemed not to have been concluded.
  3. The fourteen-day period within which a Consumer or an entity referred to in §10 of these Terms may withdraw from the Sales Agreement runs from the date of its conclusion. If, at the Client's express request, a consultation is to take place before this period expires and the Client withdraws after the service has been partly performed, the Client pays for the part of the service performed up to the moment of withdrawal.
  4. The right of withdrawal from a distance agreement does not apply to a Consumer or an entity referred to in §10 of these Terms in the case of a Sales Agreement:
    • for a non-prefabricated item, manufactured to the consumer's specifications or serving to satisfy their individual needs;
    • for an item delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
    • for items that, after delivery, by their nature, are inseparably combined with other items;
    • for a service, if the Service Provider has fully performed the service with the express consent of the Consumer, who was informed before the performance began that after the Service Provider performs the service they will lose the right of withdrawal (this applies in particular to a consultation that has already been held);
    • for an item that deteriorates quickly or has a short shelf life.
  5. Both the Service Provider and the Client have the right to withdraw from the Sales Agreement if the other party fails to perform its obligation within a strictly specified time.

§9 Provisions concerning businesses (B2B)

  1. This section contains provisions that apply only to businesses not covered by the protection under the Act on consumer rights referred to in §10 of these Terms.
  2. The Service Provider has the right to withdraw from a Sales Agreement concluded with a Client who is not a Consumer within 14 business days of its conclusion. In this case, withdrawal may take place without giving a reason and does not give rise to any claims of the Client who is not a Consumer against the Service Provider.
  3. In relation to Clients who are not Consumers, the Service Provider has the right to limit the payment methods it offers, including requiring prepayment of part or all of the sale price, regardless of the payment method chosen by the Client and of the conclusion of the Sales Agreement.
  4. The Service Provider may terminate an agreement for the provision of an Electronic Service with immediate effect and without giving reasons by sending a termination notice to a User who is not a Consumer.

§10 Provisions concerning businesses with consumer rights

  1. A natural person running a sole proprietorship (this section does not apply to commercial companies) is covered by the protection provided for in the Act on consumer rights, provided that the Sales Agreement they conclude with the Service Provider is not of a professional nature for them.
  2. A person running a business referred to in point 1 is covered by protection only with regard to:
    • prohibited contractual provisions (so-called abusive clauses);
    • liability under the statutory warranty for physical and legal defects of the Product, in accordance with §7 of these Terms;
    • the right of withdrawal from a distance agreement, in accordance with §8 of these Terms.
  3. A business referred to in point 1 loses its rights under consumer protection if the Sales Agreement it has concluded with the Service Provider is of a professional nature, which is verified on the basis of the business's entry in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), in particular the Polish Classification of Activities (PKD) codes listed there.
  4. Businesses referred to in point 1 are not covered by the institutional protection provided to Consumers by district consumer ombudsmen or by the President of the Office of Competition and Consumer Protection (UOKiK).

§11 Type and scope of Electronic Services

  1. Through the Website, the Service Provider enables the use of Electronic Services such as:
    • concluding Sales Agreements for Products;
    • sending messages through the Contact Form;
    • sending messages through the Chat;
    • booking a consultation, including a free case evaluation, through the booking system.
  2. Electronic Services are provided to Users on the Website on the terms set out in these Terms.
  3. The Service Provider has the right to place advertising content on the Website. Such content is an integral part of the Website and the materials presented on it.

§12 Conditions for providing and concluding agreements for Electronic Services

  1. The Electronic Services referred to in §11(1) of these Terms are provided by the Service Provider free of charge.
  2. Term of the agreement:
    • the agreement for the provision of an Electronic Service consisting in enabling an Order to be placed on the Website is concluded for a fixed term and terminates when the Order is placed or when the User stops placing it;
    • the agreement for the provision of an Electronic Service consisting in enabling a message to be sent to the Service Provider through the Contact Form or the Chat is concluded for a fixed term and terminates when the message is sent or when the User stops sending it;
    • the agreement for the provision of an Electronic Service consisting in enabling a consultation to be booked is concluded for a fixed term and terminates when the booking is made or when the User stops making it.
  3. Technical requirements for working with the ICT system used by the Service Provider:
    • a computer (or mobile device) with Internet access;
    • access to email;
    • a web browser;
    • JavaScript enabled in the web browser (cookies are needed for optional functions only, see the Cookie Policy).
  4. The User is obliged to use the Website in a manner consistent with the law and good practice, respecting the personal rights and intellectual property rights of third parties.
  5. The User is obliged to enter data that is true and accurate.
  6. The User is prohibited from providing unlawful content.
  7. To protect the Website and its Users, the number of messages that can be sent from one device or network in a given time is limited.

§13 Complaints about Electronic Services

  1. Complaints related to the provision of Electronic Services through the Website may be submitted by the User by email to: office@totulegal.com.
  2. The email should include as much information and as many circumstances concerning the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. This information will significantly facilitate and speed up the handling of the complaint by the Service Provider.
  3. The Service Provider handles the complaint promptly, no later than within 14 days of its submission.
  4. The Service Provider's response to the complaint is sent to the User's email address provided in the complaint or in another way indicated by the User.

§14 Intellectual property

  1. All content published on the website at www.totulegal.com is protected by copyright and (subject to §14(2) and elements posted by Users, used under a license, transfer of economic copyrights or fair use) is the property of PODSKARBI SP. Z O.O., KRS: 0001202009, NIP: PL4990709359, Nowy Świat 33/13, 00-029 Warsaw, Poland. The User bears full liability for damage caused to the Service Provider as a result of using any content of the website www.totulegal.com without the Service Provider's consent.
  2. Client reviews displayed on the Website come from Google and Facebook and remain the property of their authors and are subject to the terms of those platforms. Logos and trademarks of third parties belong to their owners.
  3. Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content of the website www.totulegal.com constitutes an infringement of the Service Provider's copyright and gives rise to civil and criminal liability.

§15 Final provisions

  1. Agreements concluded through the Website are concluded in accordance with Polish law. This does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
  2. If any part of these Terms is inconsistent with applicable law, the relevant provisions of Polish law apply in place of the challenged provision.
  3. Any disputes arising from Sales Agreements between the Website and Consumers will be resolved first through negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court resolution of consumer disputes. If this is not possible or is unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4.
  4. Court resolution of disputes:
    • any disputes between the Service Provider and a User (Client) who is a Consumer or an entity referred to in §10 of these Terms are submitted to the courts competent under the Polish Code of Civil Procedure of 17 November 1964;
    • any disputes between the Service Provider and a User (Client) who is not a Consumer, as referred to in §9 of these Terms, are submitted to the court competent for the Service Provider's registered office.
  5. A Client who is a Consumer also has the right to use out-of-court methods of resolving complaints and pursuing claims, in particular by submitting, after the complaint procedure has ended, a request for mediation or a request for the case to be heard by an arbitration court (the form can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. A Consumer may also use the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaint procedure has ended is free of charge.
  6. To resolve a dispute amicably, a Consumer may in particular contact the out-of-court dispute resolution bodies listed by the President of UOKiK. The EU Online Dispute Resolution (ODR) platform, previously available at http://ec.europa.eu/consumers/odr/, was discontinued by the European Union on 20 July 2025 and no longer accepts complaints.