FAME APP MOBILE GAME TERMS Polish Version

1. DEFINITIONS
   1. Game – a mobile application entitled "FAME APP" made available to the User by the Service Provider, intended for installation on the User's mobile device and allowing, in particular, for the Service Provider to provide Services to the User on the terms and conditions set out in the Regulations;
   2. Account – a free electronic service; a set of resources in the Service Provider's IT system marked with a telephone identifier or an identifier downloaded from External Platforms, allowing the User to use the Game, including Services provided through it. The User gains access to the Account automatically each time the Game is launched, and has the option of saving the Account status by logging in via External Platforms. In the event of uninstalling the game, the User loses access to the Account, if they have not used the option to link the Account to the External Platform. Depending on their decision, the Service Provider may provide functionalities that allow regaining access to the Account after reinstalling the Game, regardless of the previous linking of the Account to the External Platform;
   3. Login – an individual name assigned to the User within the Game, the User cannot change the Login via the appropriate functionality within the Game;
   4. Wallet – an application provided by a third party, accepted by the Service Provider in the Game, enabling the storage of owned NFT tokens, which the User may use in the Game on the terms described in the Regulations;
   5. Regulations / Agreement – this document, which specifies in particular the rules for using the Game by Users, including the Services provided through it, the rights and obligations of the Service Provider and Users; this document is the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services;
   6. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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;
   7. Content – text, graphic or multimedia elements (e.g. Game information, objects, characters, dialogues, graphics, logos, animations), including works within the meaning of the Act of 4 February 1994 on copyright and related rights and images of natural persons, which are posted and distributed within the Game by the Service Provider;
   8. Services – services provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means by the Service Provider to the User within the Game, on the terms and conditions specified in the Regulations;
   9. Service Provider - GAMEDEV TUBE Prosta Spółka Akcyjna with its registered office in Łódź (ul. Jana Kilińskiego 121C/192, 90-049 Łódź), entered into the register of entrepreneurs maintained by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division - National Court Register, under the KRS number0001099711, REGON:38833134800000, NIP: 7252307345, share capital: PLN 5,000, e-mail: hi@gdt.gg;
   10. User - a natural person acting for purposes not directly related to their business or professional activity, who at the time of starting to use the Game is at least 13 years old. A User who is a natural person with limited legal capacity declares that their legal representative has read the Regulations and accepted their provisions anddoes not raise any objections to the User obtaining access to the Game, including the Services provided through it. The User is obliged to present the appropriate consent of the legal representative at the request of the Service Provider;
   11. Technical Requirements – a terminal device with the Android or iOS system in the currently existing version; 1 GB of RAM; the graphics processor must support OpenGL ES 3.0 or higher; approx. 150 MB of free memory on the device.
   12. External Platform – a platform, service, a set of interconnected websites, run by a third party (e.g. Facebook, Google).
   13. NFT Token a unique and non-interchangeable crypto-activity with a digital identifier that is a digital representation of a digital object. An NFT Token does not have any utility or allow the holder to use it in any way in the Game or in any other way in the real world, but holders of NFTs may receive from the Service Provider and the Service Provider's partners at their sole discretion as a reward for using the Game and generating NFTs, in particular (but not exclusively) codes for the provision of services, e.g. PPV codes. The NFT token is not a virtual currency within the meaning of the Polish Anti-Money Laundering and Terrorist Financing Act of 1 March 2018.
2. GENERAL PROVISIONS
   1. Acceptance of the Regulations is voluntary, but necessary to start using the Game, including the Services provided through it.
   2. The User may only be a natural person acting for purposes not directly related to their business or professional activity, who at the time of starting to use the Game is at least 13 years old. A User who is a natural person with limited legal capacity, declares that their legal representative has read the Regulations and accepted its provisions and does not raise any objections to the User gaining access to the Game, including the Services provided through it. The User is obliged to present the appropriate consent of the legal representative at the request of the Service Provider.
   3. Using the Game, including the Services provided through it, requires meeting the minimum Technical Requirements by the end device and IT system used by the User. The condition for using the Game is also authentication by means of a telephone number. In order to use some Services provided through the Game, it is necessary to connect to the Internet. Failure to meet the Technical Requirements prevents using the Game, including the Services provided through it. The Technical Requirements may change, in particular due to the continuous development of the Game.
   4. Using the Game, including the Services provided through it, may require incurring costs for connecting to the Internet (data transfer fee), in accordance with the tariff package of the service provider used by the User.
   5. The Services are provided electronically, and thus involve typical risks related to the transmission of data via the Internet, such as the dissemination of the User's data, access to them by unauthorized persons or loss of the User's data. The Parties are obliged to take actions aimed at minimizing these risks. The Service Provider, in particular, by applying appropriate security measures, as referred to in these Regulations, and the User by not disclosing data enabling the use of the Game (e.g. login data) to unauthorized persons.
   6. The Service Provider may entrust the performance of its individual duties or ongoing maintenance of the Service to subcontractors. The Service Provider shall make every effort to ensure that this does not affect the scope and quality of the Game, including the Services.
   7. The User is obliged in particular to:
      1. use the Game, including the Services provided through it, in accordance with its intended purpose, in a manner that does not disrupt the functioning of the Game or the Service Provider, and in a manner consistent with the provisions of law, the provisions of the Regulations, as well as the customs and principles of social coexistence adopted in a given scope;
      2. providing true, current and all necessary User data as part of using the Game, including the Services provided through it, as well as to update the data on an ongoing basis, in particular to the extent necessary for the proper operation of the Game, including the provision of the Services;
      3. not using or participating in the use of (directly or indirectly) automation software, bots, or other technologies with analogous / similar effects, the purpose of which is to modify or disrupt the operation of the Game, including the Services, orService Provider's activity;
      4. not taking any IT actions or any other actions (directly or indirectly) aimed at modifying the Game, including the Services, or obtaining information not intended for the User;
      5. not taking any actions aimed at causing a negative impact on the experience of other Users while using the Game, including the Services, gaining an unfair advantage over other Users, manipulating rankings / lists within the Game;
      6. not sending or placing within the Game unsolicited commercial information or any content violating applicable legal provisions, (prohibition of placing illegal content);
      7. not conducting any advertising, commercial or promotional activity in connection with the use of the Game, including the Services, without the appropriate consent of the Service Provider expressed in writing under pain of nullity;
      8. not to take action to reproduce the source code of any software used within the Game and Services.
   8. The Service Provider may, for technical and development reasons, temporarily disable the Game or some Services/functionalities in order to improve them, add new functionalities or perform maintenance. The Service Provider will make every effort to inform Users about the temporary disabling of the Game or some Services/functionalities by posting an appropriate message within the Game.
   9. The Service Provider declares, and the User, by accepting the Regulations, acknowledges, that: a) The Service Provider does not provide any payment services, any financial or investment services, b) The Service Provider does not provide the services referred to in Art. 2 sec. 1 point 12 of the Act on Counteracting Money Laundering and Financing of Terrorism of 1 March 2018, including not storing any User funds, and the Wallet service is provided by an external service provider c) The Service Provider does not trade or create a Marketplace for any NFT tokens, and the tokens themselves do not have any functionalities in the Game and do not have any utility. Thus, the Service Provider is not responsible for any use of them by the User
3. GAME / SERVICES
   1. The Service Provider, on the terms described in the Regulations, may provide the Users with the use of the Game the following Services:
      1. Account;
      2. the ability to play the game;
      3. the ability to generate and send unique NFT tokens to external wallets using the Wallet
   2. and in the scope of the Account and playing the game is concluded for an indefinite period at the time of setting up (registering) the Account. The Agreement in the scope of the ability to generate and send NFT tokens to external wallets is concluded at the time of confirmation by the Service Provider of the acceptance of the Order and is considered to have been made at the time when the NFT token was made available to the User in the Wallet.
4. CREATING AN ACCOUNT
   1. The User can play the game by creating an Account by the User via a telephone number. The User may have only one Account and does not have the right to share (including selling, renting, lending) the Account to other Users. Without creating an Account, the User may use the Game only to a limited extent, which means that some of the Services may be unavailable.
   2. To register / create an Account directly within the Game, it is necessary to submit a declaration via the appropriate button that you have read and accepted the Regulations, and that you have read and accepted the information on the processing of personal data.
   3. Various types of information may be stored within the Account, in particular regarding the progress of the game, owned NFT tokens, User data.
   4. The Service Provider has the right to make changes to the Account of a given User in order to ensure security, proper use of the Game, including the Services, and to remove any content that violates applicable law or the provisions of the Regulations.
5. USE OF WALLET AND NFT TOKENS
   1. The Service Provider enables, together with the creation of an Account in the Game, the creation of a User Wallet free of charge in order to be able to generate NFT tokens and send them to external wallets. li>
   2. The User has the right to generate at least one NFT token free of charge while using the Services. The Service Provider does not guarantee the possibility of generating a larger number of NFT tokens. li>
   3. The Service Provider does not collect NFT tokens from Users during the game. li>
   4. The Service Provider does not accept payments for any Services in NFT tokens, nor does it collect NFT tokens from Users for any Services. The User is not entitled, in any case, to demand that the Service Provider exchange NFT tokens for money or any other benefits, including in kind.
   5. Generating NFT tokens is not necessary to play the Game, it constitutes its additional functionality.
   6. The Service Provider is not the issuer of NFT tokens, does not guarantee their price, properties or other features beyond the possibility of generating them in the manner described in the Regulations.
6. LICENSE
   1. All rights to the Game and Content placed within the Game are subject to legal protection and are vested in the Service Provider or entities cooperating with the Service Provider.
   2. The Service Provider grants the User a non-exclusive, non-transferable, non-sublicensable, revocable license to the Game and Content to the extent necessary for the proper use of the Game, including Services provided through it, in accordance with its intended purpose, worldwide, during the term of the Agreement. The License covers the following field of use - saving on the User's device in order to use the Game, including Services provided through it, via the Internet, to the extent specified in the Regulations. Using the Game and Content to a broader extent requires the prior consent of the Service Provider expressed in writing under penalty of nullity.
   3. Granting a license does not result in the loss of any rights by the Service Provider, in particular copyrights, to the Game and the Content, and does not result in the acquisition of any rights by the User, but only constitutes authorization to use the Game, including the Services provided through it, and the Content, to the extent expressly covered by the Regulations.
   4. Upon sending by the User of communication, sounds, images and other content within the Game, including the Services provided through it, the User grants the Service Provider a sublicensable, free license for this content, throughout the world. The license covers all fields of exploitation known on the date of conclusion of the Agreement, in particular:
   1. in the scope of recording and reproducing content - producing copies of content using a specific technique, including magnetic recording technique and digital technique;
   2. in the scope of distributing content in a manner other than specified in point 7.4.1 above, making the content available in such a way that everyone can have access to it via the Internet at a place and time of their choosing.
   5. The licence referred to in section 7.4 above is granted for an indefinite period and the User agrees not to terminate it. The Licence is necessary in order to allow Users to upload content in the use of the Game, including the Services provided through its via. The termination or expiry of the Agreement, regardless of the reasons, shall not result in the termination of the licence referred to in paragraph 7.4 above. Termination of the licence granted to the Service Provider by the User requires a separate agreement between the parties in writing under pain of nullity. This paragraph does not prejudice the rights of the User under generally applicable laws, in particular concerning the protection of the image and personal data.
   6. The User grants the Service Provider permission to use and dispose of the dependent works that will be created using the content referred to in paragraph 7.4 above.
   7. The User undertakes that the content referred to in paragraph 7.4 above does not violate any provisions of applicable law, rights of third parties and is free from any dangerous codes/software. The User is solely responsible for the content he/she sends.
7. PERSONAL DATA
   1. The Service Provider is the administrator of the Users' personal data. The Service Provider processes personal data in accordance with applicable law, in particular the provisions of the GDPR.
   2. Providing personal data by the User is voluntary, but necessary in order to use the Game, including the Services provided through it.
   3. Detailed information on the processing of personal data of Users can be found in the Privacy Policy.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
   1. . The User who has concluded a distance contract with the Service Provider may withdraw from it within 14 days from the date of its conclusion without giving a reason and incurring costs other than those provided for by law.
   2. To meet the deadline, it is sufficient for the User to submit a declaration to the Service Provider before its expiry. The User may submit any unequivocal declaration in which he/she informs the User of his/her withdrawal from the distance contract and includes the information necessary to identify the User. The declaration of withdrawal may be sent to the following email address: hi@gdt.gg The Service Provider may also enable other ways of sending the declaration of withdrawal (e.g. an appropriate form within the Game or using the functionality of online stores with mobile applications).
   3. The User may use the withdrawal form template, which constitutes Annex No. 1 to the Regulations, but this is not obligatory.
   4. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the agreement, return all payments made by the User. The Service Provider shall return the payments using the same method of payment that the User used, unless the User has agreed to another method of return that does not involve any costs for him.
   5. The right to withdraw from a distance contract does not apply to contracts for the provision of services if the Service Provider has fully performed the service with the express consent of the entity that was informed before the commencement of the provision that after the provision by the Service Provider it will lose the right to withdraw from the contract and for the delivery of digital content that is not recorded on a tangible medium, if the provision of the service began with the express consent of the entity before the expiry of the deadline for withdrawal from the contract and after the Service Provider informed it about the loss of the right to withdraw from the contract.
   6. If, at the express request of the User, the Service Provider has started providing services before the expiry of the deadline for withdrawal from the contract, in the event of exercising the right to withdraw, the User will be obliged to pay for the service provided until the time of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided.
9. COMPLAINTS PROCEDURE
   1. . The Service Provider makes every effort to ensure that the services provided are of the highest quality. Regardless of the above, the User has the right to file a free complaint concerning, in particular, the failure to perform or improper performance of services provided by the Service Provider under the Regulations.
   2. 2. Complaints related to the Game, including the Services, can be submitted to the following e-mail address: hi@gdt.gg. The complaint must describe the reasons for the complaint, the User's request and information allowing to identify the User.
   3. 3. The Service Provider shall consider complaints that meet the requirements specified in paragraphs 1-2 above within 14 days of their receipt and shall inform the User of the outcome of their consideration. In a situation where the data or information provided in the complaints requires supplementation, the Service Provider shall ask the User, before considering them, to supplement them. Failure to respond to the complaint within the above time limit shall not be tantamount to its acceptance.
   4. 4. The User may use out-of-court methods of considering complaints and pursuing claims, in accordance with the procedure of Online Dispute Resolution developed by the European Commission. At ec.europa.eu/consumers/odr there is available an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). This paragraph is for information purposes and does not constitute the Service Provider's obligation to use out-of-court methods of resolving disputes. The Service Provider's declaration of consent or refusal to participate in the procedure for out-of-court resolution of consumer disputes is submitted by the Service Provider on paper or another durable medium in the case where, following a complaint submitted by the User, the dispute has not been resolved.
10. TERMINATION OF THE AGREEMENT
    1. The User may terminate the Agreement at any time without giving reasons with immediate effect, which in practice means the possibility of deleting the Account.
    2. The Service Provider may terminate the Agreement at any time by giving 14 days' notice, in the following cases:
       1. change in the law regulating the provision of services by electronic means affecting the mutual rights and obligations specified in the Agreement, or change in the interpretation of the above law as a result of court rulings, decisions, recommendations or recommendations of relevant offices or bodies in a given scope;
       2. change in the way the Game functions, including the Services provided through it, due to technical or technological reasons (in particular, updating the Technical Requirements indicated in these Regulations);
       3. change in the way the Game functions, including the Services provided through it, by introducing new Services, modifying them or withdrawing the Service Provider's existing Services/functionalities covered by the Regulations;
       4. change in the scope or way of providing services by entities cooperating with the Service Provider by introducing new, modifying or withdrawing these entities' existing functionalities or services, affecting the mutual rights and obligations between the User and the Service Provider
    3. In the event of termination of the Agreement, the Service Provider is not obliged to refund any fees paid by the User, unless the generally applicable provisions of law or the provisions of the Regulations provide otherwise.
    4. Considering the special care of the Service Provider for the proper functioning of the Game, including the Services provided through it, compliance with applicable legal regulations, safety and interests of Users, the Service Provider is entitled to immediately limit the User's access to the Game, including the Services provided through it, as well as to terminate the Agreement, with a 7-day notice period, in the following cases:
       1. 1. The User violates the provisions of the Regulations, in particular point 2.7 of the Regulations;
       2. 2. the User's actions are obviously contrary to the rules and purpose of the Game, including the Services provided through it;
       3. 3. the User's actions are contrary to moral norms, incites violence or committing a crime, and also if they violate the rights of third parties.
    5. On the date of termination of the Agreement, the Customer's rights to use the Game and Services expire. After this period, the User loses access to the Account, including the information and data contained therein.
    6. The Service Provider shall submit its declaration of termination of the Agreement by displaying an appropriate message within the Game (e.g. within the Account). The User shall send its declaration of termination of the Agreement or the Subscription Agreement to the following email address: hi@gdt.gg. The Service Provider may also enable other ways of sending the declaration of termination of the Agreement or the Subscription Agreement subscription (e.g. appropriate button/form within the Game or using the functionality of online stores with applications
11. CHANGE TO THE REGULATIONS
    1. The Service Provider may change the Regulations in the event of at least one of the reasons specified in point 10 of the Regulations.
    2. The Service Provider shall inform about changes to the Regulations by posting an appropriate message in the Game, which the parties consider as introducing information about the change to the Regulations to the electronic communication medium in such a way that the User can become familiar with its content.
    3. The change to the Regulations shall enter into force after 14 days from the date of notification of the changes, in accordance with paragraph 11.2 above. The User has the right to terminate the Agreement or Subscription Agreement within 14 days of being informed of the change in the Regulations
12. FINAL PROVISIONS
    1. The Regulations enter into force on 16.08.2024. The content of the Regulations is made available free of charge within the Game.
    2. The law applicable to the Agreement is the law of the Republic of Poland, and the competent courts are the common courts in the Republic of Poland, unless otherwise provided for in the mandatory provisions of law.
    3. The provisions of the Regulations are not intended to exclude or limit any rights of Users granted to them under mandatory provisions of law, therefore any possible doubts the Service Provider explains to the benefit of the User