TERMS AND CONDITIONS RPG NEXUS PLATFORM

I DEFINITIONS

1. Service Provider - Michał Niedojadło running a sole proprietorship CODE HOTBED MICHAŁ NIEDOJADŁO with its registered office in ul. Tadeusza Romanowicza 40/8, 33-100 Tarnów, NIP (TAX ID): 6342935122 (hereinafter also called "RPG NEXUS”).
2. Account – an individual User account created on the Platform, maintained free of charge by the Service Provider. An Account is necessary to provide the Services by the Service Provider and to manage the Service by the User.
3. Platform – IT solutions used to provide and manage Services, including searching and creating events related to RPG games. Current version of the Platform is available in the Google Play Store and the App store.
4. Privacy policy – a document specifying the purposes and methods of processing personal data by RPG NEXUS via the Platform, which is complementary to the Terms and Conditions.
5. Agreement – it should be understood as an agreement concluded by the Parties, the subject of which includes the provision of the Services to the User. The Agreement is concluded during the Account by accepting the provisions of the Terms and Conditions and the Privacy Policy.
6. Service – it should be understood as services provided by the Service Provider to the User on the terms set out in these Terms and Conditions, including in particular the functionalities available through Platform e.g. creation and search of the events related to RPG Games.
7. User - a natural person or a legal person who is using the Platform.

The above definitions are common to these Terms & Conditions and the Privacy Policy and any other documents made available on the Platform.

II GENERAL PROVISIONS

1. These Terms and Conditions are made available to Users on the Platform free of charge.
2. Access to the full functionality of the Platform, as well as the possibility of starting the provision of Services, is subject to registration on the Platform, reading and accepting the content of these Terms and Conditions and the Privacy Policy, and in the case of using paid version of the service also from incur the appropriate license fee.
3. The Service Provider may provide its Services free of charge and introduce a payment system. If a paid character of the Services is introduced, all information regarding the terms and principles of payment will be included in separate regulations, which will describe the rights and obligations of the User and the Service Provider as part of the provision of paid Services. The provisions of these Regulations relating to payments are of a supplementary nature in the event of the introduction of separate regulations for paid Services.
4. Any information about services provided on the Platform does not constitute an offer within the meaning of art. 66 of the Polish Civil Code (i.e. Journal of Laws of 2018, item 1025, as amended). In the case of paid versions of Services, the Service Provider will each time provide their price and possible payment methods.

III GENERAL CHARACTERISTICS OF THE PLATFORM

1. The basic functionality of the Platform is to enable the User to create and search for events related to RPG Games.
2. By signing up for an event of their choice, the User consents to the Service Provider publishing the personal data provided by him (Account data) on the list of people participating in the event and making this data available to the event organizer.
3. The Service Provider reserves the right to:
   1. Changes to the functionality of the Platform at any time, both by expanding it with new functions and changing the existing functionality;
   2. Changes to the trade names of the Platform and the names of individual services and functionalities;
4. The Service Provider reserves the right to transfer the Platform, including the rights and obligations arising from these Terms and Conditions, to a third party with prior notification to the User, to which the User agrees.
5. The platform is provided "as it is". The Service Provider does not provide any guarantees to the User or make representations of any kind, including guarantees of non-infringement of rights, titles, suitability of the subject of the Terms and Conditions for a specific purpose, functionality or commercial suitability. The Service Provider does not guarantee that the use of the Services will be uninterrupted or error-free.
6. The Service Provider reserves the right to suspend the provision of the Services in order to ensure the security and stability of the Services, for the purposes of repairs, maintenance, necessary adaptations, updates, changes and other similar activities. The Service Provider will make every effort to ensure that planned technical breaks take place without harm to the User.

IV PROVISION OF SERVICES

Rules for the provision of Services via electronic means of communication (Account).

1. In order to create an Account, the User must register using the registration form available on the Platform. When registering an Account, the User provides the password he or she has set. If creating an account using an e-mail address, the User must confirm the Account via the email received after completing the registration process. The Service Provider may also provide the User with the ability to log in using authentication systems provided by third parties (e.g. Google, Facebook). This moment is recognised as the conclusion of an Agreement for maintaining an Account. The full functionality of the Platform is available only to Users who have an Account.
2. The User is obliged to ensure the confidentiality of his login and password. The Service Provider reserves that the public nature of the Internet and the use of the Services may involve the risk of obtaining and modifying Users' data by unauthorized persons, therefore Users should use appropriate technical measures to minimize the above-mentioned. threats. In particular, use antivirus programs and programs that protect the identity of people using the Internet.
3. The Service Provider may distribute Services under various campaigns, including promotional campaigns limited in time and quantity for Users with active Accounts. The terms of distribution of the Services are provided individually for each campaign and for each Account.

Service Provider's Responsibility

1. The User is solely responsible for the correct use of the Platform in particular for published content and shared data. RPG NEXUS is not responsible for any negative effects of the use of the Platform in particular for the content and correctness of the events created by the User.
2. RPG NEXUS does not guarantee that the Platform or Software will be free from interruptions or minor errors resulting from the nature of the Services provided, as well as technical or technological limitations.
3. In a situation where RPG NEXUS has a reasonable suspicion of using the Platform or Software for purposes contrary to the provisions of these Terms and Conditions or generally applicable law, RPG NEXUS will be entitled to notify the relevant state authorities and provide them with data regarding the infringing User as well as to immediately suspend or delete the User Account and all content published by him (e.g. event descriptions).
4. RPG NEXUS shall not be liable for non-performance or improper performance of this Agreement if it is caused by circumstances beyond RPG NEXUS's control, which could not be foreseen and prevented (force majeure). In the event of force majeure, the performance of the Service shall be suspended for a period equal to the period of force majeure.

Service Provider's rights

1. The Service Provider is entitled to permanently or temporarily block the User's access to the Services if the User acts to the detriment of the Service Provider or other Users, violates the Service Provider's good name, violates the Service Provider's brand, violates the law or provisions of the Terms and Conditions, and also when it is justified by safety reasons.
2. In the event that the Service Provider, User or other third party considers that the User's action violates their rights, decency, personal rights, morality, beliefs, feelings, rules of fair competition, know-how, trade secret, the Service Provider takes immediate action to removal from the Platform, the content causing the infringement, as well as temporary or permanent blocking of the User's access to the Platform and if justified by the circumstances - notification to the relevant law enforcement authorities.

Technical requirements

1. The Service Provider will make every effort to ensure that the use of the Platform is possible using all popular web browsers (Chrome, Mozilla Firefox, Opera, Safari), operating systems (Windows, iOS, MacOS Android) and regardless of the Internet connection method (WiFi, mobile data transmission) .
2. In order to set up an Account it is necessary for the User to have an active email account.

Conditions for terminating the Agreement

1. Termination of the Agreement is made by submitting a statement via the Platform (“deleting of the account”) or by sending a statement to the e-mail address of the Service Provider: sm@rpgnexus.com
2. The Service Provider may terminate the Agreement with immediate effect in the event that the User provides content that is unlawful or violates good manners or violates the provisions of these Terms and Conditions.

Complaints regarding the provision of Services

1. The Service Provider takes actions necessary for the correct and fully correct operation of the Platform to the extent resulting from the current technical knowledge and undertakes to remove any irregularities reported by Users. Complaints related to the provision Services may be submitted by the User by sending an email to sm@rpgnexus.com.
2. The Service Provider will respond to the complaint immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the User.

V END USER LICENSE AGREEMENT - PLATFORM

1. The Platform is the property of the Service Provider. The software used to create the Platform, the graphic design visible on the Platform, descriptions, functional layout and databases are covered by legal protection of the Service Provider. Manual and automatic copying (e.g. scraping) of any elements of the Platform without the prior consent of the Service Provider is prohibited.
2. Upon setting up an Account on the Platform the Service Provider grants a non-exclusive, territorially unlimited non-transferable license to use the Platform.
3. The Service Provider represents and warrants that:
   1. has all economic copyrights to the Platform, and that it is not encumbered with the rights of third parties;
   2. to use the Platform in accordance with this agreement, it is not necessary to obtain consents, licenses or permissions from any third parties;
   3. the use of the Platform will not infringe any rights of third parties and will not require incurring any fees to third parties;
   4. has not transferred proprietary copyrights to the Platform to any third party, nor has it granted an exclusive license to the Platform;
   5. persons entitled under moral copyrights to the Platform will not exercise these rights in relation to the User.
4. Upon publishing the content on the Platform (e.g. as a description of an event), the User consents to the Service Provider using this content for promotional purposes (e.g. promoting the event) and analytical purposes (e.g. testing the correct operation of the Platform).

VI Offer

1. Current offers regarding the Services are available on the Platform's website.
2. The Service Provider reserves the right to change individual offers, in particular by expanding, limiting, bundling, time limiting. If the modification takes place while the User is using a given offer, the User will be informed about the proposed changes to the offer and the dates of their implementation. In the absence of consent to the proposed changes, the User will be able to modify the scope of access to the Platform as well as terminate the Agreement with immediate effect.

VII PERSONAL DATA

1. In order to provide Services, consider complaints or secure the legally protected interests of RPG NEXUS, Data Administrator may collect and share Users' personal data via the Platform.
2. Detailed information on how this data is used and to whom the User may direct questions can be found in the Privacy Policy available on the Platform.

VIII FINAL PROVISIONS

1. This Terms & Conditions is subject to Polish law. The above provision does not preclude the application of mandatory provisions enforced by the law applicable to the User (e.g. acting as a consumer).
2. If, in the opinion of a competent court or authority, any provision of these Terms and Conditions is found to be invalid, unnecessary or unenforceable, that provision or part thereof shall, to the extent applicable, be construed so as to give effect to its provisions to the fullest extent possible, and the other terms and conditions shall remain unaffected and continue in effect.
3. Any disputes arising between the Service Provider and the User in the first place will be resolved amicably through mutual negotiations. In the absence of a mutual agreement on disputed issues, the case will be resolved by the court competent for the registered office of the Claimant.
4. The Service Provider informs the User about the possibility of using out-of-court dispute resolution methods. In the field of Consumer claims, detailed information and procedures are available from locally competent consumer rights ombudsman, in the Voivodeship Inspectorates of the Trade Inspection or at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL
5. In the event of a conflict of the provisions of these Terms and Conditions with the provisions of other documents provided by the Service Provider, the provisions of these Terms and Conditions shall prevail, unless a given document expressly states otherwise.
6. he Terms & Conditions are valid from 01.10.2024. The Service Provider reserves the right to amend the provisions of these Terms and Conditions, while committing itself to publish a consolidated text of the Terms and Conditions on the Platform with an indication of the effective date of the changes. Changes to the Terms and Conditions apply to both the Service Provider and the User from the moment of publishing the changes on the Platform. Amendments to the Terms and Conditions will not in any way infringe the rights of Users using the Platform before the date of entry into force.
7. Wording and descriptions used to define individual functionalities of the Platform, including in particular names and descriptions of buttons, pictograms and icons, may be changed to equivalent ones. Making such a change does not constitute a change to these Terms and Conditions.
8. These Terms and Conditions have been drawn up in Polish and then translated into other languages. In the event of a discrepancy between the Polish version and its translations, the Polish version shall prevail.
9. The content of these Terms and Conditions is available on the Platform and is available to all Users.