Application Terms Of Use

These Terms set out information about our and your obligations related to the use of Online Tribes as well as the website online-tribes.com, and at the same time constitute a legally binding agreement (the “Agreement”) between you (hereinafter referred to as the “User,” “you,” “your,”) and us, Online Tribes sp. z o.o. (hereinafter referred to as the “Service Provider,” “we,” “us,” “our”) with its registered office at ul. Długa 29, 00-238 Warsaw. Therefore, please read them carefully.

Definitions

Below you will find the meaning of the terms we use in the Terms:

1. Application/Online Tribes — the Online Tribes mobile application administered by us, which is a platform enabling the use of the Account, interactions with other Users, including within Tribes, as well as the use of other functionalities we make available within the Application;
2. business days — days during our working hours, from Monday to Friday, excluding public holidays under the generally applicable laws of the Republic of Poland;
3. Consumer — any User who uses Online Tribes for purposes not directly related to their business or professional activity; accordingly, also an entrepreneur with consumer rights;
4. Account — a free service provided to you electronically; a modifiable element of the Application created after you complete Registration, in which Information about you is collected as well as other Materials you publish and interactions undertaken within Tribes;
5. Tribe Leader — a User who has created a given Tribe via the Application’s functionality or has full, broadest possible administrative access to the Tribe available within the functionalities we provide in Online Tribes;
6. Materials — all photographs, information, videos and other types of content entered by the User into Online Tribes via the Account;
7. Monetization — a set of functionalities that may be made available within Online Tribes enabling the Tribe Leader to receive funds due to the way the Tribe they lead operates and the behaviors of Users who are members of the Tribe;
8. Newsletter — one of the Services we provide, consisting of sending digital content to your email address containing information regarding our Services and Online Tribes;
9. Payment Operator — the entity indicated each time within the Online Tribes functionalities that collects the Fees;
10. Tribe — an Online Tribes functionality that enables the creation and operation within the Application of a space available only to certain Participants or Participants whose Accounts have appropriate Attributes;
11. Privacy Policy — a document describing how we process your personal data, as well as the methods we use to ensure the security of Users’ privacy and the processing of their personal data; the Privacy Policy supplements these Terms and is available here.
12. Terms — these terms and conditions for the provision of services by electronic means via the Application and the Website; the Terms are made available free of charge prior to concluding agreements within Online Tribes and also, at your request, in a way that enables you to obtain, reproduce, and record the content of the Terms using the ICT system you use;
13. Website — the website operating at online-tribes.com;
14. Funds — amounts of money that may be obtained within Online Tribes by a Tribe Leader under the rules set out in the Terms and the Application; Funds are granted in particular in the case of high activity of the Leader’s Tribe;
15. Subscription Period — a time-limited period of access to paid Services, indicated each time within Online Tribes, selected by the User from the available options; the Subscription Period ends on the day whose name or date corresponds to the first day of the Subscription Period, and if there is no such day in the following month — on the last day of that month; the Subscription Period selected by the User constitutes the minimum duration of the User’s obligations under the Agreement;
16. Fee — a periodic (or other) fee for paid Services specified in the price list available in the Application, the amount of which depends on the Subscription Period selected by the User and the scope of Services provided by the Service Provider in accordance with the representations published within Online Tribes;
17. Agreement — an agreement for the provision of Services concluded between us and you as the User, whose general terms are set out in the Terms and which concerns the use of Online Tribes;
18. Services — services provided by us via the Application to Users, consisting of making available the functionalities of Online Tribes, in particular enabling the User to maintain an Account, post Materials, interact within Tribes and use other functionalities that we make available within the Application;
19. User — a natural person with full legal capacity or a person with limited legal capacity who is at least 16 (sixteen) years of age, for whom we provide Services within the Application.

1. GENERAL PROVISIONS

1. The Terms set out the rules for using Online Tribes, in particular the conditions for using services provided electronically, publishing Materials, submitting complaints, as well as other rights and obligations — yours and ours.
2. You may use Online Tribes only after having read the content of the Terms and accepting the conditions set out therein. We are sorry, but if you do not accept the Terms, you cannot use our Application.
3. We do not post offers in Online Tribes made in electronic form within the meaning of the Civil Code. In particular, the provisions regarding submission of an offer in electronic form do not apply.
4. Detailed rules for using the functionalities of Online Tribes and individual Services are described in the Application.
5. Please remember that you are prohibited from providing content, in particular Materials, of an unlawful nature or providing illegal content within the meaning of applicable law, as well as from using Online Tribes in a manner that disrupts or prevents its proper functioning.
6. We have established an electronic contact point related to the Application intended for direct communication with the authorities of Member States, the Commission, the Digital Services Board: marianna@online-tribes.com. The same contact point may be used by you for direct and rapid communication with us. Communication may be conducted in Polish or English.
7. The Terms should in no way prejudice consumer protection laws. If any point of the Terms conflicts with mandatory consumer protection provisions, that provision is not binding on you as a Consumer (if you have such status under applicable law) and, in place of that provision, the provisions of law most closely aligned with it shall apply.
8. Agreements are concluded under Polish law and in the Polish language.
9. The use of any bots or similar technologies within the Application to artificially generate the publication of Materials, create Accounts or undertake other actions without human participation is prohibited.
10. Within the Application it is prohibited to:
    • (a) publish any Materials or undertake any actions related to sexual exploitation, including the exploitation of minors;
    • (b) undertake any actions that may constitute a violation of minors’ rights.
11. Zabrania się publikowania treści, reklam lub komunikatów o charakterze seksualnym, erotycznym lub sugestywnym, w tym nagabywania innych Użytkowników do zachowań seksualnych (np. tzw. „simpowania”) oraz wszelkich działań mających na celu wyłudzanie uwagi, świadczeń lub korzyści o takim charakterze.

2. APPLICATION

1. You can download the Application using the AppStore (for iOS) or Google Play (for Android). To install Online Tribes, update its functionalities and use the functionalities of Online Tribes, the following minimum technical requirements must be met on your side: internet access; a mobile device with iOS 13 or newer (for the version of Online Tribes downloaded from the AppStore) or Android 5.1 or newer (for the version of Online Tribes downloaded from Google Play); an active email account; an active Google account or an active Apple account.
2. The requirements referred to in section 2.1 may change. In such a case they will be notified to Users via the Application and by email. A change to these requirements does not constitute an amendment to the Terms.
3. Using the basic functionalities of Online Tribes is free of charge; however, it may involve data transmission costs arising from agreements concluded by you with telecommunications operators or other internet providers and from the scope of such data transmission (downloading the Application, its installation, launch, and then using Online Tribes). To the extent that the Services we provide are paid, please refer to the “Subscription and Fees” section and the information published within the Application.
4. We ensure that you will be able to use Online Tribes provided the requirements referred to above are met. Unfortunately, we cannot guarantee that the Application will work on devices that are not typically used for software similar to Online Tribes, other than smartphones or tablets.
5. We reserve all rights to the Application not expressly granted to you under the Agreement. Therefore, the Agreement does not allow Users in particular to:
   • (a) reproduce, distribute, lend, dispose of, and any other form of indirect or direct redistribution of the Application or its elements, whether for consideration or free of charge, bypassing us,
   • (b) modify, reverse engineer, or otherwise interfere with the Online Tribes software,
   • (c) use and develop intellectual property belonging to us to create your own products and services,
   • (d) use intellectual property belonging to us for an unlawful purpose or to our detriment.
     Any behavior fulfilling any of the above premises will be treated as a gross violation of the Terms, including the Agreement.
6. Subject to different provisions of the Terms regarding its violations, if you violate the Terms or other conditions of our provision of some or all Services available within Online Tribes, or if a breach of the Terms occurs for reasons attributable to you, we will call on you to cease the violations, setting you a period of at least 7 days for this purpose, and after the ineffective expiry of this period, we are entitled to take the following actions:
   • (a) send a warning to you about the possibility of blocking the Account,
   • (b) temporarily block access to your Account,
   • (c) delete the Account, and thus terminate the Agreement with immediate effect after the ineffective expiry of the period indicated in the call, with no possibility of restoring that Account or recovering information stored on it,
   • (d) prevent you from creating a new Account within Online Tribes.
     We will inform you about the initiation of the above procedure by email, indicating in particular the reasons for our decision.

3. ACCOUNT AND OTHER SERVICES PROVIDED ELECTRONICALLY

1. We provide you with services supplied electronically in the form of Online Tribes functionalities, i.e., interactive forms, including registration, Account, publishing Materials, as well as interacting with other Users and joining specific Tribes. When using form functions, you are obliged to provide your true, current, and correct data. If you provide incorrect or untrue data, access to the functionalities of Online Tribes may be impossible.
2. To create an Account and become a registered User, you must complete the registration procedure. Registration is carried out via a dedicated form within Online Tribes, which is then sent to us via the Application’s functionalities. Upon confirmation of Account creation, an Agreement is concluded between you and us, including for the provision of the service of maintaining the Account by electronic means for an indefinite period.
3. You may terminate the Agreement at any time by sending us such a declaration of intent via email, provided that in such a case it must be the email address you used at the time of Account registration, to the email address: marianna@online-tribes.com or by using one of the functionalities of Online Tribes. Termination is effective when you submit the relevant declaration and may result in: (i) deletion of all Materials you have published within the Application; (ii) anonymization of all Materials you have uploaded to the Application, whose retention is permitted to us by applicable law.
4. You may not transfer the rights and obligations arising from the Agreement binding us without our prior consent.
5. You may not use other Users’ Accounts or make your Account available to other persons.
6. In the case referred to in section 3.3 above, you have 90 (ninety) days to restore your Account, after which your Account will be permanently deleted from our IT resources. The period referred to above results from the adopted rules for creating backups of our resources, the timing of their overwriting and their lifespan.
7. You may not have more than one (1) Account within the Application.

4. NEWSLETTER

1. As part of the Newsletter service, you may receive from us various materials regarding Online Tribes, new functionalities, and marketing campaigns we run.
2. Subscription to the Newsletter takes place through a special form available within the Application, which may also be made available elsewhere, in particular on our Website. Lack of subscription to the Newsletter does not affect our ability to send to your email address technical information, including about changes within the Application or maintenance breaks.
3. You may unsubscribe from the Newsletter Services at any time by contacting us by email or using the link contained in every message sent as part of the Newsletter.

5. MATERIALS

1. Within the functionalities of Online Tribes you may publish various types of Materials, in particular within areas available to the Tribes you have joined.
2. Within Online Tribes you create and publish Materials directly yourself, independently determining their scope.
3. By publishing Materials within Online Tribes, you each time declare and warrant that:

• (a) you have rights to the Materials and consents at least to the extent required by being bound by the provisions of the Terms and enabling the performance of the Agreement,
• (b) the use and disposal of the Materials does not and will not infringe the rights of third parties,
• (c) the Materials will not violate the provisions of the Terms or good morals and will not be inconsistent with the purpose of the Application. This applies in particular when, within the Materials, you publish your image or the image of third parties.

1. Upon posting a Material within the functionalities of the Application, you grant us, for this purpose, a territorially unlimited and time-unlimited license, with the right to sublicense, to use and dispose of, in whole or in part, such Materials to the extent necessary to ensure the functionalities of Online Tribes, in particular for the purpose of performing the obligations set out in our Agreement.
2. You are fully and solely liable to us and to third parties for the Materials and for other damage resulting from the use of the Materials you publish.
3. We do not review Materials. To avoid doubt, it is indicated that we do not verify, represent, or warrant the legality, truthfulness or reliability of any Materials made available by you within the Application, or outside it.
4. We are not responsible for creating backups of Materials or for your loss of Materials, in particular as a result of Account deletion.
5. You bear full responsibility for the Materials and for any violation of third parties’ rights, including their intellectual property rights or personal rights.
6. We are entitled to use the Materials in order to improve the quality of the Services provided, enhance them and further develop them, provided that, with respect to Materials that constitute personal data, this is done in the manner and scope not exceeding the rules set out in the Privacy Policy.
7. Uploading Materials on a so-called spam basis is prohibited, i.e., the mass addition of photos, comments, or other types of Materials. If such activities are detected, we may apply a temporary visibility block on Materials or other content published by a given User (so-called shadowban).

6. SUBSCRIPTION PERIOD AND FEES

1. Within Online Tribes, access to some Services requires payment of a Fee for a Subscription Period selected by the User.
2. The scope of paid Services offered within Online Tribes is indicated each time within the Application. If the User makes a Fee payment and gains access to paid Services, we guarantee that they will be available throughout the Subscription Period to which the Fee related.
3. The amount of Fees is indicated each time via the Application functionalities and may be changed by us at our discretion. A change in Fees does not cover active Subscription Periods or Subscription Periods renewed in accordance with section 4 of the Terms.
4. At the time of making the Fee payment, you consent to recurring payments (and we may require you to tick an appropriate additional checkbox covering such consent) for subsequent Subscription Periods, i.e., cyclical charging of fees for subsequent Subscription Periods under a model of debiting your bank account using the payment card details you entered via the Application functionalities or systems provided by the Payment Operator.
5. If you, as the User, consent to Fees being collected under the model described in section 6.4 above:
6. you may cancel the collection of Fees under the recurring payments model at any time;
7. you may enter new payment card details at any time to enable Fee collection under the recurring payments model.
8. you declare that all payment card data is correct and that the card belongs to you or to a person who has authorized you to use it to make Fee payments for paid Services offered within Online Tribes.
9. You declare that you consent to receiving VAT invoices in electronic form. Invoices will be sent to your email address and may be made available within your Account within Online Tribes if we implement such functionality.
10. As the Service Provider, we may allow one-off Fees for paid Online Tribes Services. In such a case, relevant information will be published within the Application, and paid services will be provided only for the specified period, without the possibility of automatic renewal in accordance with section 6.8 below.
11. Each time after the end of a Subscription Period, the agreement for the provision of paid Services within Online Tribes is automatically renewed for the next Subscription Period equal to the previous Subscription Period, unless the User has canceled the subscription, and consequently the Fee collection, via the Application functionalities.
12. You may at any time resign from subsequent Subscription Periods via the Application functionalities. The resignation is effective upon the expiry of your current Subscription Period and does not entitle you to any refund of funds.
13. If the Subscription Period is not renewed for the next Subscription Period, the User loses the ability to use the paid Services offered within Online Tribes until another Fee is made in accordance with the Terms.
14. We will inform you each time about the collection of Fees for the next Subscription Period, as well as the end of the provision of paid services. These communications will be sent to your email address.
15. None of the changes introduced within Online Tribes will constitute a deterioration of the quality of the paid services offered within Online Tribes, which we have undertaken to provide under the Terms.

7. TRIBES

1. Within the functionalities of Online Tribes, Users may join Tribes operating within the Application, as well as create new Tribes.
2. To create a new Tribe, the User may use the appropriate functionality available within Online Tribes and complete the information indicated as required. After a Tribe is created, it is possible to edit information about it, provided that:
   i) it is not possible to delete information marked as required;
   ii) it is prohibited to take actions aimed at changing the original theme of the Tribe.
3. The User who created the Tribe via the functionalities of Online Tribes automatically obtains the status of Tribe Leader, which may be transferred to another person only through the appropriate functionalities of the Application (however, we do not guarantee the existence of such functionalities and in that case it is not possible to transfer the status of Tribe Leader to another User).
4. To join an existing Tribe, the User should use the functionalities of Online Tribes. We indicate that joining a Tribe depends on the decision of its Leader and we are not responsible for a refusal by the Leader to admit you to the Tribe.
5. Within Tribes, Users may publish Materials consistent with the theme indicated in the description of the given Tribe. It is prohibited to publish content, including Materials, that are inconsistent with the theme indicated in the description of the given Tribe.
6. The Tribe Leader is entitled to establish, within the functionalities of Online Tribes, additional rules applicable to Users who are members of the given Tribe. These rules are binding on Tribe members (with respect to actions undertaken within the Tribe to which these rules relate), and their violation may result in removal of the User from the given Tribe or the application of sanctions arising from the Terms, relating to the User’s violation of the Terms.
7. We are not responsible for content, in particular Materials published by Users, including Tribe Leaders, within the Tribe functionality operating within the Application. We encourage you to take actions described in the Terms aimed at combating illegal content or other types of unlawful content.

8. MONETIZATION

1. Within Online Tribes we may make Monetization functionalities available. Remember, however, that this is not our obligation and the absence of such functionalities cannot be the basis for any claims you may bring against us. Monetization functionalities, if implemented as an additional service, will be available only to Tribe Leaders.
2. The possibility of Monetization depends on the popularity of the Tribe and the fulfillment of additional conditions that may be indicated via the functionalities of Online Tribes. The exact rules of Monetization for Tribe Leaders are described each time in the Application.
3. The payout of funds takes place via the functionalities of your Account, after the Tribe Leader who wants to receive a payout enters the appropriate data. We stipulate that the payout of funds will be possible when the Tribe Leader has obtained an amount exceeding the equivalent of PLN 100 (one hundred zlotys). In addition, the Tribe Leader may need to take additional steps to receive the payout (if required by applicable law) — if so, they will be communicated each time via the functionalities of Online Tribes.
4. The payout of funds takes place at the request of the Tribe Leader, submitted via the functionalities of the Application, provided that the Tribe Leader meets the conditions referred to in section 8.3 above, in particular has accumulated funds exceeding the equivalent of PLN 100 (one hundred zlotys). We are not liable for delays in making payments unless they result from our willful misconduct or gross negligence.
5. Unless otherwise provided by mandatory provisions of law, the Tribe Leader who has received funds under Monetization is obliged to pay tax on the funds obtained, as well as other public-law charges. To the extent permitted by law, the Tribe Leader and the Service Provider exclude our liability for the need to pay taxes or other public charges on these funds.
6. We reserve the right to block Monetization in respect of particular Tribe Leaders in the event that they use bots or similar technologies to generate views of Materials or undertake other automated activities within the Tribe; the Tribe Leader is not entitled to receive any funds from Monetization to the extent that activities within the Tribe were undertaken using bots or similar technologies, regardless of the Tribe Leader’s knowledge in this regard.
7. We reserve that if activities referred to in section 8.6 are detected, we may block the possibility of withdrawing funds until the extent of bot activity (and similar technologies) is determined and, consequently, the amount of funds actually due to the given Tribe Leader.

9. COMPLAINTS

1. You have the right to file a complaint about the functioning of the Application and the Website. The complaint should contain at least data enabling your identification — as the User — as the complainant, and an indication of justified reservations and comments regarding the Application or the Website. The complaint should be sent via the functionalities of the Application, by email to: marianna@online-tribes.com, or by post to our correspondence address.
2. We will respond to your complaint within 14 (fourteen) days from the date of its receipt. You will receive a response to the address from which the complaint was sent or to the address provided in the complaint submission. If we do not consider the complaint within the above time limit, it is deemed to have been resolved in your favor.
3. The complaint process described above also covers situations concerning Fees and Subscription Periods.

10. LIABILITY

1. We are liable to you for the efficient technical functioning of the Application, as well as the Website, and for access to the Services.
2. We bear full responsibility for the compliance of our Services, including Online Tribes and the Website, with the Agreement and with our assurances given to you.
3. Please note that we are not liable to you for damage caused by your fault and the following circumstances:
4. because you violated the Terms, provided untrue data within the Account although you were not entitled to do so;
5. because you provided third parties with your Account login details (login and password);
6. as a result of malicious or harmful software (malware) unlawfully introduced into Online Tribes or onto the Website by third parties, as an act of force majeure;
7. as a result of your deletion of the Account;
8. our termination of the Agreement due to your actions or omissions;
9. due to short-term difficulties or lack of access to Online Tribes related to repair, upgrade, or similar works.
10. As a User, you are liable to us as well as to other Users for your actions and omissions undertaken via the Application and the Website.
11. We are not responsible for any arrangements, agreements, or declarations made between Users or between Users and other third parties made or accepted outside the Application, regardless of their subject matter or scope. In the case of such arrangements, any claims should be directed to the entity that is the other party to the legal relationship with the User.
12. W ramach Aplikacji udostępniamy funkcję automatycznego tłumaczenia wiadomości (Real-Life Translation) z wykorzystaniem technologii sztucznej inteligencji (AI). Tłumaczenia te mają charakter przybliżony i mogą różnić się od oryginalnego znaczenia wiadomości. Usługodawca nie ponosi odpowiedzialności za treść, dokładność ani skutki użycia tak przetłumaczonych wiadomości, w tym za ewentualne błędy, nieścisłości, zmiany kontekstu lub nieporozumienia powstałe w związku z ich wykorzystaniem.

11. CONSUMER RIGHTS

1. If you use the services offered within Online Tribes as a consumer, you have all rights associated with that status arising from applicable law.
2. If you pay a Fee to gain access to paid Online Tribes Services and wish to receive access to them immediately after paying the Fee, you are required to make a statement (within the functionalities of the Application) that you acknowledge that after gaining access to the paid Services offered within Online Tribes, you will lose the right to withdraw from the agreement whose subject is such access in accordance with Article 38(1)(1) of the Consumer Rights Act or other provisions of law applicable to you.
3. If you do not make the statement referred to in section 11.2 above, access to the paid Services available within Online Tribes will be granted within 14 days from the date you pay the Fee. In such a case, you are entitled to withdraw from the agreement whose subject is access to these paid Services within 14 days from the date the Fee is paid.
4. To withdraw from the agreement referred to in section 11.3 above, you should submit to us an unambiguous statement to that effect, which should be sent to one of our email addresses, to our correspondence address, or submitted using the forms available within the Application. To submit the statement, you may also use the template attached as Appendix No. 1 to the Terms.

12. ILLEGAL CONTENT AND COMPLAINTS

1. As already mentioned — we make the Application available and ensure its efficient technical functioning, and in this respect we are responsible for the Services provided through it. We do not exercise ongoing control or monitoring over Materials posted by you and other Users within the Application.
2. However, we act with respect for the law and the personal rights of third parties. Therefore, if behavior violating the rights or personal rights of third parties is noticed, that person should necessarily notify us. In particular, please inform us about information which, in itself or by reference to an activity, including the sale of products or provision of services, is not compliant with European Union law or with the law of any Member State that is compliant with European Union law, regardless of the specific subject matter or nature of that law (so-called illegal content). In the same way anyone may also notify us of violations of the Terms or the law, in particular consumer law.
3. Notifications concerning rights- or personal-rights-infringing behavior, as well as illegal content, should be sent via the dedicated Application functionality (Report content). If you cannot use this functionality, you may also report by writing to the email address:. To streamline the procedure, the notification should contain at least the following information:
   (a) details identifying the reporting person (first and last name) and an email address, if different from the one from which the notification is sent,
   (b) an indication of the content or behavior infringing the law, along with an indication of which law they violate or an explanation of the reasons why you allege that the information constitutes illegal content,
   (c) an indication of the place within Online Tribes where the given content or Material is located, with particular reference to the URL address,
   (d) a statement confirming the good-faith belief that the information and allegations contained therein are correct and complete.
4. Following receipt of such a notification or an official notice, we will promptly confirm receipt of the notification. We will then consider the notification and make a decision regarding the content to which the notification relates in a non-arbitrary, objective, and duly diligent manner, and above all in a timely manner — within 30 days. We will inform the reporting party of the decision without undue delay. You have 7 (seven) days to appeal our decision, if any. Further provisions regarding appeals in section 11.5 apply accordingly.
5. Following receipt of such a notification or an official notice, access to the content or behavior data within Online Tribes is disabled, and we will notify the User to whom the notification or complaint related. In such a case, that User also has 7 (seven) days to appeal our decision. The appeal should contain a comprehensive justification. We consider the appeal within 7 (seven) days. An appeal is also available to the User who reports the infringement.
6. Then, if the allegations are justified or remain unanswered, we remove such Material and, in the case of behavior that seriously violates the law — we delete the Account from which such actions were performed.
7. The procedure referred to in this section 11 also serves to report any opinions, information, and complaints related to Materials or actions of Users that may violate the rights of minors, may constitute a form of harassment or sexual exploitation of minors, or may otherwise violate the rights of minors. If you notice such Materials or behavior, please contact us immediately in accordance with the procedure set out in section 11.3 above.

13. AMENDMENT OF THE TERMS OR SERVICES

1. We may amend the Terms for important legal reasons (amendment of laws concerning the functioning of Online Tribes), organizational reasons (change in how we conduct our business or change in our offering) or technical reasons (modernization of Online Tribes, change in the functioning of Online Tribes or Services, addition of new functionalities).
2. You will be informed about an amendment to the Terms via email to the address to which your Account is registered, 15 (fifteen) days before the new Terms enter into force. If you do not accept the amendment and inform us of this, we will delete your Account (our Agreement will be terminated) on the date the new Terms come into force. Otherwise, we will simply ask you to accept the new Terms.
3. We inform you that in the case of Services constituting digital content, they may be subject to changes consisting of removing certain content and replacing it with new content. We act in this way in order to ensure that all Users have access to the best, substantive, and interesting content, and thus ensure conformity, the subject of which is the supply of digital content.
4. Services constituting digital content may also change due to: (i) updates; (ii) the need to remove some of their elements due to rights belonging to other entities. If changes related to such digital-content Services are introduced, we will inform you in a clear and understandable manner.
5. If during the term of the Agreement we improve the Application, the new version will be promptly implemented and made available to you via the Services provided. The time to implement the improvement or update of Online Tribes will be appropriate to the level and complexity of the technical changes introduced and may require a maintenance break. Such a change does not constitute a change to the Agreement.
6. None of the changes introduced within Online Tribes will constitute a deterioration in the quality of the Application and the Services.

14. SPECIAL PROVISIONS (NOT APPLICABLE TO CONSUMERS)

1. If you are a User who is not a Consumer, the following special provisions apply to you:
   (i) we are not liable to you for damage caused by non-intentional fault, and our liability is limited to the actual losses incurred by the User,
   (ii) disputes arising between us and you shall be submitted exclusively to the court competent for our registered office,
   (iii) if any provisions of the Terms are contradictory or imprecise, we are entitled to a binding interpretation of the Terms applicable to you as the User,
   (iv) we may remove the User’s access in the event of any violation by them of the Terms or failure to comply with the provisions of the Terms, regardless of the circumstances,
   (v) in the event of an amendment to the Terms, if the User has not terminated the Agreement within the time limit indicated in section 12 of the Terms, it is considered that they have accepted the amended Terms without reservations.
2. Furthermore, due to the fact that we only provide access to Online Tribes and services provided electronically, we are not liable for damage resulting from:
   (a) any improper use by you of the Services or Materials,
   (b) circumstances that did not arise for reasons attributable to us, in particular reasons attributable to third parties.
3. We are also liable to you only for damage caused by willful misconduct; we are not liable for your lost profits and — where possible — our liability is limited to PLN 1,000.

15. CONTACT

1. If you have any questions, you can contact us at marianna@online-tribes.com, using the contact form on the onlinetr website or using the functionalities of Online Tribes (if we have made such functionalities available) or by phone at 606 904 443.
2. Handling of complaints and inquiries takes place on business days from 8:00:16:00.

16. FINAL PROVISIONS

1. The Application and all its components (software, as well as design, logo and other markings found in Online Tribes) are subject to our intellectual property rights (including copyrights and industrial property rights) and may also constitute registered trademarks or industrial designs. Therefore, you must remember that you are not entitled to copy, reproduce, or distribute them unless you receive a separate, explicit consent from us. If you do so, we will have to take a range of actions against you to protect our rights.
2. The law applicable to obligations arising from the Terms and the Agreement shall be Polish law, unless EU law provides otherwise for the Consumer. Therefore, Agreements are concluded in accordance with Polish law, provided that this choice cannot result in depriving a User who is a Consumer of the protection arising from the mandatory provisions of the law of the country of their habitual residence.
3. The provisions of these Terms in relations between us and a User acting with consumer rights do not prejudice applicable provisions of law which cannot be excluded and which grant consumers broader protection than that arising from the Terms.
4. We ensure that our Application is safe for all Users, including minors. Therefore, we declare that we will act in accordance with all regulations aimed at protecting minors, as well as that we will remove any materials, including Materials that may violate their rights or constitute any attempt at sexual exploitation of minors. In addition, we have appointed a person authorized to take all actions in connection with suspected sexual exploitation of minors or other violations of their rights, including contacting law enforcement authorities and carrying out verification procedures. This person can be contacted at marianna@online-tribes.com.
5. We process Users’ personal data in accordance with the Privacy Policy, which also fulfills the information obligation towards data subjects under the GDPR.
6. If any provision of the Terms or part thereof proves invalid, the provisions of the Agreement remain in force, and the User and we undertake, at the request of either party, to replace those invalid provisions or parts thereof with provisions having legal force and an economic effect as close as possible to the provisions being replaced or their parts.

Effective date of the Terms: 15.06.2025

Appendix No. 1

MODEL WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the agreement)

• Addressee [the entrepreneur should enter here the name of the entrepreneur, full postal address and email address];
• I/We(*) hereby inform(*) of my/our withdrawal from the sales contract for the following goods(*) the delivery contract for the following goods(*) the contract for work consisting in the production of the following goods(*)/the provision of the following service(*);
• Date of conclusion of the contract(*)/receipt(*);
• Name and surname of consumer(s);
• Address of consumer(s);
• Signature of consumer(s) (only if this form is sent on paper);
• Date:

(*) Delete as appropriate.