The website available at https://gamionary.com24.pl/ is provided by the Administrator in accordance with the terms set forth in this document, which constitutes the Terms of Service pursuant to the Act of July 18, 2002, on the Provision of Electronic Services (hereinafter referred to as the “Terms of Service”).

Contact information for the Administrator:

– email address: kontakt@gamionary.pl.

These Terms of Use set forth the rules for using the Portal, the types of electronic services provided through the Portal, and the rights and obligations of Users and the Administrator. It is the responsibility of every Portal user to review these Terms of Use.

1. Definitions

  1. Portal – a website accessible at https://gamionary.com24.pl/.
  2. Administrator – Spogle Sp. z o.o., a limited liability company with its registered office in Warsaw at ul. Włościańska 15, apt. 10, 01-710 Warsaw, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000731827, Tax ID (NIP): 5252751151, National Business Registry Number (REGON): 380291299, share capital: PLN 20,000.
  3. User – a natural person, a legal entity, or an organizational unit without legal personality to which the law grants legal capacity, who uses the Portal or the services provided by the Administrator.
  4. Electronic service – a service provided electronically by the Administrator to the User via the Portal.
  5. Registration – a one-time process in which the User creates a User Account on the Portal using the registration form.
  6. User account – a collection of resources within the Administrator’s information and communication technology system where information about the User is stored.
  7. Game – a description (rules) of a game or activity available on the Portal, prepared by the Administrator or a User.
  8. Free access – access to limited content on the Portal available to all registered Users.
  9. Paid access (Paid service) – access to the full content of the Portal provided as part of a subscription after the User has paid the fee.

2. General Provisions

  1. The Administrator agrees to provide services to the User within the scope and under the terms and conditions set forth in the Terms of Service.
  2. The user agrees to use the Portal in accordance with the rules set forth in the Terms of Service, applicable laws, and the norms of social conduct.
  3. By using the Portal and the Services, the User agrees to the terms and conditions set forth in the Terms of Service and the Privacy Policy.
  4. The Controller complies with the rules on the protection of Users’ personal data set forth in Regulation (EU) 2016/679 of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The User consents to the collection, storage, and processing of personal data by the Administrator for the purpose of providing the service. Detailed rules for the processing of Users’ personal data are set forth in the Privacy Policy. The Administrator may use the User’s data for marketing services only with the User’s explicit consent or in accordance with applicable law.
  5. The provisions of these Terms and Conditions concerning consumers shall apply mutatis mutandis to a natural person entering into a contract directly related to their business activity, where it is clear from the content of the contract that it is not of a professional nature for that person, as evidenced, in particular, by the nature of the business activity they conduct, as disclosed pursuant to the provisions on the Central Register and Information on Economic Activity.
  6. The user is required to use the Portal in a manner that does not interfere with its operation, in particular by refraining from using certain software (including malware) or devices.
  7. Specific risks associated with the use of electronic services include the possibility that unauthorized persons may gain access to data transmitted over the network or stored on computers connected to the network and tamper with such data, which may result, in particular, in the loss of such data, unauthorized alteration thereof, or the inability to use the services offered through the Portal.

3. General Terms and Conditions of Service

  1. Through the Portal, the Administrator provides Users with services that do not require registration, in particular:
    a) informational services by making available content about the Portal’s offerings, news, and services provided on the Portal;
    b) the ability to search for Games and view information about them.
  2. Through the Portal, the Administrator provides services that require registration, specifically enabling Users to create their own Games and publish them on the Portal.
  3. The Administrator provides the Services free of charge in accordance with the Terms and Conditions.
  4. The user may terminate their use of the Service at any time. The legal consequences of terminating the use of the Service are governed by mandatory provisions of law applicable to the legal nature of the Service provided, as well as by the provisions of these Terms of Service.
  5. Technical requirements necessary to use the services provided by the Administrator:
    a) a device with Internet access,
    b) a web browser that supports cookies,
    c) access to email.
  6. The user is responsible for any charges related to Internet access and data transmission in accordance with their Internet service provider’s rate plan.

4. Registration on the Portal

  1. Registration is completed by the User by correctly filling out the registration form available on the Portal.
  2. When filling out the registration form, the User is required to provide only accurate information.
  3. By registering on the Portal, the User confirms that they have read these Terms of Service and accept their provisions.
  4. A User may have only one User Account.
  5. The User is prohibited from sharing the User Account with persons not authorized to act on the User’s behalf.
  6. The User has no right to transfer the User Account to other entities.
  7. The User bears sole responsibility for disclosing to others the data necessary to log in to the Portal.

5. User account

  1. Once the registration process on the Portal has been completed successfully, a user account is created.
  2. Registered users have access to the following Portal features, subject to the restrictions associated with their access type:
    a) creating their own Game using a dedicated form,
    b) saving favorite Games and creating their own Game collections (paid access only),
    c) receiving notifications about new content on the Portal (available only with Paid Access).
  3. In the event of repeated violations of these Terms of Service, the Administrator reserves the right to block access to the User’s Account after first requesting that the User cease such violations.
  4. The Administrator has the right to delete a User’s Account if the User fails to fulfill their obligations to the Service Provider after receiving a prior notice, violates the provisions of the Terms of Service despite a prior warning, or acts in a manner that is detrimental to the Administrator or other Users.
  5. The User may delete their User Account at any time. To do so, the User should use the “Delete Account” feature available after logging in to the Portal.

6. Free access

  1. Every registered User may use the Portal’s features under Free Access.
  2. Free Access is automatically activated for a User who has canceled their Paid Access subscription or after a failed attempt to charge the subscription fee.
  3. Under Free Access, the User may view up to 6 Games from each available list (Game Location).
  4. The Administrator reserves the right to limit or expand the functionality of Free Access at any time. The Administrator will notify Users of any planned changes via announcements displayed on the Portal or electronically via email.

7. Paid access

  1. Paid access is provided in the form of a subscription for a specific subscription period (in accordance with the plan selected by the User), which automatically renews for subsequent subscription periods.
  2. The subscription period is calculated precisely to the date and time of activation of Paid Access.
  3. Paid Access expires upon the User’s cancellation of the subscription renewal, in the event of a failure to collect payment using the payment method selected by the User, or if the User fails to make the payment for the next subscription period on their own.
  4. Cancellation of Paid Access must be requested by the User no later than before the end of the current subscription period, prior to the system collecting payment for the next subscription period.
  5. The User may switch from a monthly subscription to an annual subscription at any time. Changing from an annual subscription to a monthly subscription during the term of the annual subscription is not possible.
  6. As part of Paid Access, the User has the opportunity to explore all Games available on the Portal.
  7. The Administrator reserves the right to limit or expand the functionality of Paid Access or to change the price list. The Administrator will inform Users of any planned changes via notices displayed on the Portal or electronically via email.
  8. For Users with active Paid Access, the changes referred to in paragraph 7 will be implemented no earlier than in the next subscription period.

8. Rules for Creating Games

  1. To create a Game, the User, after logging in to the Portal, fills out a dedicated form, proceeding step by step through the steps automatically prompted by the system.
  2. By creating a Game, the User confirms that its publication will not infringe upon the copyrights or related rights of third parties.
  3. After the form is successfully submitted, the Administrator verifies the Game.
  4. The following games are subject to negative verification:
    a) games with rules identical to those previously available on the Portal,
    b) games containing vulgar, offensive, or defamatory content,
    c) games that promote violence,
    d) games that infringe on the copyrights and/or related rights of third parties.
  5. After the game has been approved, the Administrator creates graphics to illustrate the game and makes any necessary adjustments to its rules.
  6. The Game proposal, along with its graphics and any changes made by the Administrator, is sent to the User for approval via email to the address provided during registration.
  7. The Game is published on the Portal for public access after its acceptance by the User. Failure to raise any objections within 7 days of the Administrator sending the message referred to in point 6 shall also be deemed acceptance.
  8. By creating a Game through the Portal, the User grants the Administrator a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the Game in all media or distribution methods (existing now or in the future). This includes, in particular, making the Game available to other entities (including through the Portal via unrestricted access) and using it for marketing purposes related to the promotion of the Portal. The User represents and warrants that they possess all rights necessary to authorize the Administrator to use the Game created by them. The User also consents to such use of the Game without payment of compensation.

9. Prices and payment terms

  1. The prices for paid services charged by the Administrator are expressed in Polish zlotys (PLN) and are gross prices.
  2. The Administrator accepts payments for paid Services in the form of prepayment via:
    a) a traditional bank transfer to the Customer’s bank account;
    b) a payment card;
    c) the Przelewy24 electronic payment system operated by PayPro S.A., ul. Kanclerska 15, 60-327 Poznań, in accordance with the system’s terms and conditions (https://www.przelewy24.pl/regulamin).
  3. The Paid Service is activated upon the Administrator’s receipt of confirmation from the electronic payment system operator that the transaction has been successfully authorized, or upon the funds being credited to the bank account in the case of payment by traditional bank transfer.
  4. The subscription fee is charged on a recurring basis until the User cancels the service. The fee is charged using the payment method selected by the User in accordance with the Administrator’s price list in effect on the first day of the new subscription period.
  5. In the case of recurring payments, the User consents to the electronic payment system operator debiting the payment card for an amount equal to the subscription fee for the subscription period. The fee is charged no later than the day preceding the start of the next subscription period.
  6. If the payment cannot be processed due to expiration, insufficient funds, or other reasons, the User may only use the features covered by Free Access.
  7. Payment methods can be updated by going to the User Account. After updating, the User authorizes the Administrator to continue charging the appropriate amount using the selected payment methods.
  8. If a refund is required for a transaction made by the User using a payment card, the Administrator will issue the refund to the bank account associated with the User’s payment card.

10. The Administrator’s Liability

  1. The Administrator hereby informs that, pursuant to Article 15 of the Act of July 18, 2002, on the Provision of Electronic Services, the Administrator is not obligated to verify the data transmitted, stored, or made available by the Administrator, as referred to in Articles 12–14 of the aforementioned Act, provided that such data does not originate from the Administrator.
  2. The Administrator is not liable for the obligations of Users arising from their actions on the Portal.
  3. The Administrator is not liable for data entered by Users on the Portal and is not responsible for actions taken by a User that have contributed to the occurrence of any damage with respect to that User or other Users or third parties, or that have prevented or hindered the provision of services by the Administrator.
  4. The Administrator is not liable for the content of websites or for any damages incurred by Users or third parties in connection with accessing websites to which Users may be redirected via links available on the Portal.
  5. The Administrator shall not be liable for interruptions in the operation of the Portal or for damages incurred by the User as a result thereof, if such interruptions were caused by unforeseeable force majeure, and in cases where the occurrence of force majeure was foreseeable—if the consequences of its occurrence could not be prevented.
  6. In the event of damage suffered by the User resulting from the Administrator’s intentional act, the Administrator is liable only for the actual damage suffered by the User.

11. Statutory right to cancel the contract

  1. A user who is a consumer has the right to withdraw from a contract concluded at a distance or outside the Administrator’s business premises within 14 days from the date the contract was concluded. To meet this deadline, it is sufficient to send a statement to the Administrator’s registered office or email address.
  2. In the event of withdrawal from the contract, it is deemed not to have been concluded, and the consumer is released from all obligations (except in the situation specified in paragraph 3). Payments made by the consumer will be refunded by the Administrator in the same form in which the consumer made the payment, unless the consumer agrees to a refund by another method that does not impose additional costs on them. The refund will be made within 14 days of the date of withdrawal from the contract.
  3. If the Administrator has fully performed the service at the consumer’s express request before the expiration of the withdrawal period—e.g., activation of Paid Access—the right to withdraw from the contract expires.

12. Withdrawal from a contract for the provision of ongoing, indefinite electronic services

  1. The User has the right to withdraw from a contract for the provision of continuous, open-ended electronic services. The User may terminate the contract at any time with immediate effect and without giving a reason by sending a statement to that effect to the Administrator’s email address.
  2. Upon receipt of the notice of withdrawal from the contract in the form of deactivating the User’s Account, the Administrator shall remove the User’s Account from the Portal.
  3. The removal of the User’s Account may result in the termination of services provided by the Administrator to the User.
  4. The Administrator reserves the right to terminate the agreement for the provision of electronic services, including the deletion of the User Account, with a notice period of 14 days in the event of the User’s failure to comply with the provisions of these Terms and Conditions.
  5. The Administrator reserves the right to terminate the agreement for the provision of electronic services, including the deletion of the User Account, if at least 6 months have passed since the last activity on the User Account, or if, within 3 months of registration on the Portal, the User has not performed any actions related to the services provided through the Portal.

13. Complaints Procedure

  1. In the event of non-performance or improper performance by the Administrator of the services provided through the Portal, the User is entitled to file a complaint electronically to the Administrator’s email address.
  2. A properly filed complaint must include the User’s identification (first and last name and email address), the subject of the complaint along with an indication of the period to which the complaint relates, and the circumstances justifying the filing of the complaint. If the information provided is incomplete, the Administrator will request that the User provide the missing information.
  3. The Administrator will review the complaint within 14 days of receiving it. Failure to review the complaint within the specified timeframe constitutes acceptance of the complaint by the Administrator.

14. Intellectual property

  1. All content posted on the Portal’s pages (including graphics, text, page layout, and logos) and the Games, along with their descriptions, that does not originate from Users or other providers, is protected by copyright and is the exclusive property of the Administrator. Use of this content without the Administrator’s written consent results in civil and criminal liability.
  2. The User is obligated to use all content posted on the Portal solely for personal use. The use of Games for educational purposes is permitted. Use of the content for any other purpose is permitted only if expressly indicated by the Administrator on the Portal’s pages.
  3. Use of the Portal, including the use of text, graphics, photos, applications, databases, or other content, does not imply that the User acquires any rights with respect to such content, and in particular does not imply the acquisition of economic copyrights, related rights, or licenses.
  4. The following actions are prohibited without the Administrator’s express consent:
    a) copying, modifying, or transmitting, electronically or otherwise, the Portal or any part thereof, as well as specific content made available through it,
    b) distributing in any manner content published on the Portal’s pages,
    c) downloading database content and reusing it in whole or in part.

15. Final Provisions

  1. The Administrator reserves the right to amend these Terms and Conditions. The Administrator will notify Users of any amendments to the Terms and Conditions on the Website at least 14 calendar days before the amendments take effect. Amendments to the Terms and Conditions do not apply to Users who placed an order for a paid Service while the previous version of the Terms and Conditions was in effect. Amendments to the Terms of Service during the term of a continuing contractual relationship are binding on the other party if the requirements set forth in Article 384 of the Civil Code have been met and the party has not terminated the contract within a notice period of 14 calendar days.
  2. The Administrator reserves the right to periodically suspend access to the Portal or selected Portal features if necessary for the expansion or maintenance of the Administrator’s technical or ICT resources related to the Portal’s operation.
  3. In all other matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply.
  4. Disputes arising from the provision of services under these Terms and Conditions shall be submitted for resolution to the general court with jurisdiction over the Administrator’s registered office, unless otherwise provided by applicable law.
  5. A User who is a consumer has the right to use out-of-court dispute resolution methods and pursue claims through mediation or arbitration. Regardless of this, the consumer may seek assistance from the municipal (county) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at uokik.gov.pl. A User who is a consumer may also use the electronic dispute resolution method with the Administrator via the ODR platform available at http://ec.europa.eu/consumers/odr/.
  6. These Terms and Conditions enter into force on December 22, 2021.