Terms and conditions for the provision of services within the Show Your Score application

[CHAPTER I: INTRODUCTORY PROVISIONS]

§ 1.

General provisions

1. The Terms and Conditions set out the rules for the provision of Services by the Operator, including the rights and

obligations of the Parties, the scope of liability of the Parties and other terms and conditions of the agreement

the subject matter of which will include the provision of Services within the Application.

2. The Operator informs that, as part of the Services, it only makes available the resources of its ICT systems in

order to enable the Users to use the Services, as well as administers the Application. Furthermore, the Operator

does not provide any other services on its own behalf, nor is it an intermediary in concluding any agreements.

§ 2.

Deﬁnitions

Terms used in these Regulations mean the following:

1) Update - an update which the Operator has agreed to provide and which is necessary for the Digital Services to

comply with the Agreement;

2) Application - by "Application" is meant the ICT system under the name Show Your Score belonging to the Operator,

which can be downloaded from the Google Play shop and within which the Operator makes ICT resources

available to Users. The web application is available at https://app.showyourscore.com.

3) Failure - a "failure" is understood to mean a complete stoppage of the Application, a suspension of the Application

that completely prevents the use of the Application or any other obstacle that completely prevents the correct use

of the Application;

4) Blocking of the User's account - "blocking of the User's account" shall mean actions which consist in preventing

the User from using the Application in cases indicated in the Terms of Use;

5) Price - the value expressed in monetary units that the User is obliged to pay to the Operator for the Services or

Package, in particular for the Subscription;

6) incident handling time - "incident handling time" shall be understood as the time from the notiﬁcation to the

Operator or the Operator's knowledge of the incident until the cause of the incident is eliminated;

7) response time - "response time" is to be understood as the time counted from the detection by the operator of an

incident until the operator takes action to eliminate the cause of the incident;

8) repair time - the "repair time" shall be understood as the time counted from the moment the Operator starts to

remove the cause of the event until the cause of the event is effectively removed;

9) Workaround time - the "workaround time" shall be understood as the time counted from the moment the Operator

is notiﬁed or becomes aware of the event until the workaround is applied, i.e. the temporary restoration of the

Application's functionality without removing the cause of the event;

10) Working days - "working days" shall mean days from Monday to Friday, excluding public holidays;

11) E-payment - payment of the Price for a Digital Service by means of a digital representation of value, in particular

by means of electronic vouchers, e-coupons, virtual currencies, etc;

12) Registration form - the "registration form" shall be understood to mean the form in the Application that is used to

register the User on the Application and to create a User account;

13) functionality - by "functionality" is meant a single task that can be performed within the Application;

14) Working hours - by "working hours" is meant the hours from 9:00 to 17:00 on working days;

15) Graphics - by "Graphics" is meant the graphic output generated within the Application, based on data entered by

the User, which represents players, sponsors, teams, results, etc;

16) password - the term "password" shall be understood as a sequence of characters used to secure access to the

Application;

17) User account - "User account" means the account created by the User in the Application;

18) Consumer - the term "Consumer" shall be understood as a natural person concluding an Agreement with the

Operator which is not directly related to his/her economic or professional activity;

19) login - the term "login" shall be understood as an individual and unique marking of the User, allowing for his/her

identiﬁcation, used when using the Application. In the case of the Operator's ICT systems, it is the e-mail address

provided by the User as a standard;

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20) Repair - "repair" means the Operator's actions of removing the cause of the incident in order to restore the proper

functioning of the Application;

21) incident handling - "incident handling" is to be understood as the comprehensive, complex and coherent actions

taken by the Operator to eliminate the cause of an incident, in accordance with an accepted internal scheme of

conduct;

22) Settlement Period - by "Settlement Period" is meant one month;

23) Subscription Period - by "Subscription Period" is meant the designated period of time for which the User may use

the Application as part of the Subscription;

24) Operator - the term "Operator" shall mean Show Your Score Prosta Spółka Akcyjna with its registered oﬃce in

Warsaw at Aleja Jana Pawła II 27, 00-867 Warsaw, entered into the National Court Register by the District Court

for the Capital City of Warsaw in Warsaw under KRS no.: 0001010337, holding tax identiﬁcation number (NIP)

5273034354, share capital: 25,000 PLN;

25) Charges - "Charges" shall mean any monetary consideration payable to the Operator for the provision of the

Services;

26) Partner - a "Partner" is understood to be an entrepreneur who cooperates with the Operator and who, on his own,

can provide his own services to the Users acquired by the Operator through the Application;

27) Intellectual Property Rights - "Intellectual Property Rights" shall mean the intellectual property rights (copyright,

industrial property rights, database rights) vested in the Operator in the Application;

28) Entrepreneur on consumer rights (PNPK) - the term "Entrepreneur on consumer rights (PNPK)" should be

understood as an entrepreneur who conducts business activity on the basis of an entry in the Central Register

and Information on Business Activity, wishes to conclude a Contract with the Operator directly related to his

business activity, and at the same time the Contract is not of a professional nature for him;

29) Response - "response" is to be understood as any individual action of the Operator which will aim to handle the

incident correctly;

30) Terms and Conditions - by "Terms and Conditions" is meant these Terms and Conditions of the Show Your Score

app;

31) Parties - by "Parties" is meant the Operator or the User;

32) Subscription - by "Subscription" is meant the individual, paid access of the User to the Application for the selected

Subscription Period;

33) Digital Content - "Digital Content" shall mean data produced and delivered in digital form, in particular Graphics;

34) User Content - "User Content" means any data produced or provided by you as part of your use of the Application;

35) Services - by "Services" is meant Digital Services or Electronic Services;

36) Digital Services - by "Digital Services" is meant services that allow the User to:

a) the production, processing, storage or access to data in digital form;

b) the sharing of digital data that has been uploaded or created by the User or other users of the Application;

c) other forms of interaction through digital data;

37) Electronic Services - "Electronic Services" shall be understood to mean all services, whether paid or unpaid,

provided by the Operator, which fall within the scope of the Operator's business, i.e. services consisting of making

ICT resources available for the purposes of:

a) generation of Graphics;

b) create and maintain a user account;

c) other actions provided for by the Application's functionality;

38) Agreement - the "Agreement" shall mean the agreement for the provision of Services by the Operator to the

User;

39) User - the term "User" shall mean the natural person, legal entity or organisational unit with legal capacity that

uses the Application;

40) Malfunction - by "malfunction" is meant any malfunction of the Application which is neither a failure nor an

error;

41) Technical support - "technical support" shall be understood to mean support provided to Users by the Operator

with respect to the use of the Application, including remote support (e.g. by e-mail) and necessary instructions

and advice on technical and IT operation;

42) event - by "event" is meant a failure or error within the Application;

43) Third Party Provider - "Third Party Provider" means any third party, which is not the Operator, that provides any

goods or services for the performance of the Agreement, in particular the software used on the Application and

the services necessary for the operation of the Application.

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[CHAPTER II: SUBJECT MATTER AND CONCLUSION OF THE CONTRACT ]

§ 3.

Subject of the Agreement

1. Under the Agreement, the Operator undertakes to provide the agreed Services to the User, and the User

undertakes to use the Services as intended, under the terms and conditions provided for in the Terms and

Conditions - whether in return for payment or free of charge.

2. Information on whether certain Electronic Services are chargeable or free of charge is provided directly in the

Application or communicated to Users in another manner that enables them to consult the price list, e.g. by

sending an e-mail with the price list.

§ 4.

Conclusion of the Agreement

1. Before concluding a Contract, the User is obliged to familiarise himself/herself with the Operator's information on

the principles of providing the Services, the provisions of the Terms of Use and other conditions. By concluding

the Contract, the Operator is entitled to assume that the User has complied with the above requirements.

2. Each User shall, prior to the conclusion of the Agreement, be provided with a free opportunity to review the

content of these Terms and Conditions in a manner that makes it possible to acquire, reproduce and record their

content by means of the ICT system used by the User or by other means.

3. The User shall be bound by the provisions of the Terms and Conditions if they have been made available to

him/her in the manner described in paragraph 2.

4. Any information concerning the provision of Services that is contained on the Operator's website or disseminated

through other communication channels (e.g. social media) does not constitute an offer within the meaning of

Article 66 of the Civil Code, but possibly an invitation to conclude an Agreement.

5. For the purpose of concluding an Agreement via the Application, it is necessary for the User to accept the Terms

and Conditions - either through an appropriate declaration made, e.g. via a check-box, or implicitly by starting to

use the Electronic Services (free of charge) within the Application.

6. The contract is concluded as soon as the actions mentioned in paragraph 5 have been performed.

7. The Operator is obliged to provide the Services with the due diligence prescribed for a professional activity of this

kind.

8. Depending on the type of Services selected, a Contract of a speciﬁc type is concluded between the Operator and

the User:

a) in the case of Digital Services, a contract for the provision of digital services is concluded;

b) In the case of Electronic Services, a contract for the provision of electronic services is concluded.

9. For the avoidance of doubt, the Operator indicates that:

a) Contracts that concern Digital Services are digital service contracts to which the provisions of Chapter 5b of

the Consumer Rights Act of 30 May 2014 apply;

b) The provisions of Chapter 5b of the Consumer Rights Act of 30 May 2014 do not apply to Contracts that do

not concern Digital Services.

§ 5.

Purchase of a Subscription or a Package

1. The User may access the Services provided free of charge, but in this case he/she shall be granted access to

limited functionalities of the Application.

2. To access the Application in full, the User is required to purchase a Subscription - either as a stand-alone Service

or as part of an available Package. Information on the available types of Subscription, types of Package,

Subscription Periods and the amount of Fees is provided by the Operator in the Application.

3. The purchase of a Subscription is only possible via the Application - the Operator does not envisage the

possibility of purchasing a Subscription through other channels, e.g. by concluding a contract via email.

4. To purchase a Subscription, the User is required to:

a) go to the homepage of the Web Application or download the Application from the Google Play shop;

b) select a Subscription Period from the available options;

c) complete the Subscription order form;

d) check the correctness and completeness of the data;

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e) accept the Terms and Conditions of the Application;

f) validate the form using the appropriate button: "Order and pay", "Activate Subscription", "Purchase access" or

a button with similar content;

g) make payment for the selected Subscription.

5. The Subscription Agreement is concluded when the User clicks on "Order and pay", "Activate Subscription",

"Purchase access" or a button with similar content.

6. During the term of a one-time Subscription, the User has the option to switch to a recurring Subscription during

the current Subscription term via the relevant functionality in the User's account. Changing the payment method

for the Subscription means that the User must pay the difference in Price (the Price for the Subscription paid as a

one-time payment is lower than the Price for the Subscription paid as a recurring payment).

7. The User shall be granted access to the chargeable functionalities of the Application no later than 24 (in words:

twenty-four) hours after the payment is credited to the Operator's account.

§ 6.

Subscription period

1. The Subscription is available to the User for the selected Subscription Period, which may range from one month

to 12 months. Each Subscription Period is calculated from the time the Subscription is activated.

2. Subject to subclauses 3-4, if the User does not make a declaration of termination of the Subscription, the

Subscription shall be automatically extended for the next Subscription Period (in the case of a mobile

application), for which the Operator shall be entitled to a further Fee. Prior to the automatic renewal of the

Subscription, the Operator shall send a reminder email about the expiry of the Subscription Period (1 day before

the expiry of the Subscription Period). The preceding sentences shall apply mutatis mutandis to each subsequent

Subscription Period.

3. If the User does not wish to continue the Subscription for the subsequent Subscription Periods, the User must

cancel the Subscription at the earliest 1 day before the Subscription end date. Unsubscription is cancelled by

going to the account settings and clicking on the "Manage" button in the "Subscription" section.

4. If the Subscription is cancelled, the Subscription shall expire on the last day of the Subscription Period and the

User shall lose access to the paid functionalities of the Application on the day following the expiry of the

Subscription.

5. The operator can:

a) send e-mail or system notiﬁcations reminding you of the expiry of the Subscription Period;

b) send e-mail or system notiﬁcations informing you that your Subscription has expired;

c) offer the option to purchase a new Subscription or to extend an existing Subscription;

d) send e-mails or system notiﬁcations with information on releases;

e) send e-mails or system notiﬁcations with information about new collaborations with Partners;

f)

send e-mails or system notiﬁcations with information about new functionalities.

[CHAPTER III: USING THE APPLICATION].

§ 7.

Nature, purpose and development of the Application

1. The application has been created primarily to facilitate the generation of Graphics that can be used by Users to

promote sporting events.

2. The use of the Application enables Users to, among other things:

a) to become familiar with the Services provided by the Operator;

b) creation of a User account in order to use certain functionalities of the Application;

c) viewing of Graphic Design templates;

d) Entering data on teams, players, opponents, sponsors, match results;

e) generation of Graphics containing data on teams, players, opponents, sponsors, match results;

3. The app may in no way be used for illegal or immoral purposes.

4. The Operator provides the Application on an "as is" model, which the User accepts. The Operator does not

guarantee that the Application will fully meet all the needs of the Users, nor does it guarantee that it will be

possible to achieve all the objectives referred to in Paragraph 1 expected by the Users through the Application.

The Operator shall only be obliged to provide the Application and the Services in accordance with the Terms of

Use.

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5. The Digital Service shall be deemed to have been provided when the Digital Service is accessed by the User or a

physical or virtual device that the User has independently selected for this purpose.

6. As the Application is the Operator's ICT system, the Operator may carry out technical and IT work to develop the

Application and ensure that the Services are provided at the highest possible level.

7. As part of the development of the Application in accordance with Paragraph 6, the Operator may, in particular:

a) add new functionalities and change or delete existing functionalities within the Application;

b) introduce the App on a different type of device.

8. The Operator shall be entitled to make changes to the Digital Services during the term of the Contract, with the

exception of Digital Services that are provided on a one-off basis. Changes to Digital Services that have been

acquired by the Consumer or PNPK may be made subject to the following requirements:

a) Changes to the Digital Services may only be made for legitimate reasons, in particular the rectiﬁcation of

faults, the adaptation of the Digital Services to users' needs, the adaptation of the Digital Services to legal

changes or decisions of courts and authorities;

b) Changes to the Digital Services may not incur costs on the part of the Consumer or PNPK;

c) The Operator shall inform the Consumer or PNPK in a clear and comprehensible manner of the change being

made;

d) If a change in the Digital Services materially and adversely affects the User's access to or use of the Digital

Services, the Operator is obliged to inform the Consumer or PNPK well in advance, not less than 7 days, on a

durable medium, of the characteristics and date of the change, as well as the rights associated with the

changes;

e) If a change in the Digital Services materially and adversely affects the User's access to or use of the Digital

Services, the Consumer or PNPK may terminate the Agreement without notice within 30 days from the date

of the change in the Digital Services or the notiﬁcation of the change in the Digital Services, if the notiﬁcation

is later than the change. The User shall not be entitled to this right if the Operator provides the Consumer or

PNPK, at no additional cost, with the right to retain the Digital Services in accordance with the Agreement in

an unchanged state.

§ 8.

Technical requirements for the Application

1. Before concluding the Agreement, the User shall verify that he/she meets the minimum technical requirements

for the use of the Application referred to in paragraph 2.

2. In order to use the Application, at least:

a) having permanent access to the Internet;

b) use of Android version 5 as a minimum;

c) having an active e-mail box.

3. In order to generate Graphics and use them, the User is required to meet at least the following technical

requirements:

a) Have suﬃcient disk space on the device to save the graphics.

4. If, in order to use the Application (or its particular functionalities), it is necessary for the User to meet additional

technical requirements, other than those indicated in subclauses 2-3, the Operator shall inform the User thereof

prior to the commencement of the use of the Application by posting the relevant information within the

Application.

§ 9.

Updates

1. The Operator shall inform Users of the Updates, including those relating to security, necessary to maintain

compliance of the Digital Services with the Agreement, and shall provide them to Users for the duration of the

delivery of the Digital Services speciﬁed in the Agreement under which the delivery is continuous.

2. If the User fails to install the Updates provided by the Operator in accordance with Paragraph 1 within a

reasonable time, the Operator shall not be liable for the Digital Service's non-compliance with the Agreement

resulting solely from the lack of Updates if:

a) informed the User about the Update and the consequences of not installing it;

b) the non-installation or incorrect installation of the Update was not due to errors in the installation

instructions provided by the Operator.

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[CHAPTER IV: RULES ON THE USE OF THE APPLICATION].

§ 10.

Basic rules for the use of the Application

1. It is the responsibility of each User to protect their login details, including login and password, from being made

available to unauthorised persons.

2. The provision of a login and password to unauthorised persons is strictly prohibited. The provision of the login

and password to unauthorised persons may contribute to a breach of the security of the Application and the

provision of the Services by the Operator, and therefore, a determination by the Operator that the indicated data

are in the possession of an unauthorised person may result in the blocking of the Services, including the blocking

of the User's account.

3. If the User discovers that the login data, including the login and password, may have been taken over by an

unauthorised person, he/she is obliged to notify the Operator immediately. Upon receipt of the notiﬁcation, the

Operator may block the User's account. Following the blocking, renewed access to the Application shall only be

possible after the User has changed his or her password and, if necessary, performed the authentication

procedures stipulated by the Operator as part of its security procedures, in accordance with the information

provided by the Operator.

4. The User, under pain of immediate termination of the Agreement due to the fault of the User, may not use the

Application as well as the Services:

a) in a manner inconsistent with their nature and purpose, in particular in a manner that prevents or interferes

with the use of the Operator's system or hardware resources by other Users;

b) in such a way as to lead to the commission of a criminal or unlawful act within the meaning of the

applicable legislation, in particular through the commission of a criminal offence;

c) for the purpose of sending unsolicited commercial communications, other spam or unlawful content;

d) in a manner that compromises the integrity of the Operator's information system.

5. The User may not take steps to gain knowledge of the access data, including logins and passwords, of other

Users.

§ 11.

Safety and risks

1. The Operator shall provide the Services with due security standards in a manner that prevents unauthorised

access to the data and information processed in the provision and use of the Services.

2. In spite of the measures taken by the Operator referred to in paragraph 1, each User should be aware of the

potential risks associated with the use of the Internet.

3. The main threats related to the use of the Internet include malware, viruses, worms, trojans (Trojan horses),

keyloggers, dialers; spyware; programmes that track the User's activities; spam; phishing; hacking into the User's

ICT system using hacking tools.

4. In order to counteract the risks referred to in section 3, the User should use appropriate security measures - e.g. in

the form of an anti-virus programme, a ﬁrewall, the use of encryption mechanisms, regular maintenance of the

equipment used, expanding knowledge of cyber security issues.

[CHAPTER V: USER ACCOUNT AND ITS BLOCKING OR DELETION].

§ 12.

User Account in the Application

1. As part of the use of the Application, the User may, among other things, create a User account on the Application,

which allows the User to make full use of the functionalities available on the Application.

2. In order to create a User account, the User is required to:

a) meet the technical requirements of § 8.2;

b) complete the registration form in accordance with the instructions on the registration form. The user is

obliged to provide true, accurate and complete personal data;

c) validate and send the registration form.

3. After submitting the registration form in accordance with paragraph 2, the User shall receive a conﬁrmation of the

submission of the registration form to the e-mail address provided, together with a veriﬁcation link.

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4. Upon successful veriﬁcation, the Operator creates a User account and sends conﬁrmation of the creation of the

User account to the email address provided.

5. It is also possible to use the Application via an account belonging to the User within other ICT systems (e.g.

Facebook, Google). In this case, in order to access the Application in full, the User must log into his/her account

and give his/her authorisations for access using the external account.

6. It is prohibited for a person under the age of 16 to create a User account. If a User account is created by a person

under the age of 16, his or her parents, legal guardians or other legal representatives shall be responsible for all

damages related to the use of the Application by such User.

7. The Operator is entitled to verify at any time whether the User is of the appropriate age. For this purpose, the User

is obliged to provide the Operator, upon express request of the Operator, with proof of having reached the age of

16.

8. The Operator may refuse to approve the registration form and create a User account in the event of:

a) the Operator has reasonable doubts as to the identity of the User or the accuracy of the data provided by the

User;

b) determination by the Operator that the User is under 16 years of age;

c) re-registration of the same User after deletion of his/her User account by the Operator for violation of the

Terms of Use - if the deletion of the User's account occurred within 12 (in words: twelve) months before the

date of re-registration.

9. Once a User account has been created, the User is given access to its functionalities.

§ 13.

Blocking or deleting the user account

1. If the User uses the Application contrary to the Terms of Use, the Operator may, at its discretion and depending

on the circumstances of the case:

a) block the User's account, for a deﬁnite or indeﬁnite period of time;

b) Permanently delete the user account.

2. The User's account may be blocked or deleted if:

a) The user has violated the provisions of § 10;

b) there is a suspicion that the User is under 16 years of age and at the same time the User has not provided

proof of his/her 16 years of age;

c) refers to other Users in an offensive, vulgar manner or in any other way inconsistent with good morals;

d) uses the functionalities of the Application contrary to the Terms of Use;

e) attempts to obtain the Service by deception or without obligation to pay;

f) impersonates any third party;.

3. The application of a blocking of the User's account or the permanent deletion of the User's account due to

violations of the Terms of Use is possible after the User has been given the opportunity to provide an explanation

for the alleged violation - subject to paragraph 4.

4. The Operator shall not be obliged to allow the User to provide explanations if the Operator receives an oﬃcial

notiﬁcation or obtains reliable information about the unlawful nature of the User's data or activities, as well as in

the event that the suspension of the blocking or deletion of the User's account may threaten the Operator or a

third party with damage or other serious consequences (e.g. the possibility of the Operator's legal liability,

including criminal liability, further infringement of the protected rights of a third party, etc.).

5. While the User's account is blocked, the User may not:

a) use Services or functionalities that require an active User account;

b) create a new user account;

c) use technical measures to circumvent or disable the blocking of the User's account;

d) make further attempts to continue unlawful activity - despite the blocking of the User's account.

6. The revocation of the blocking of the User's account after its application by the Operator shall only be possible if

the User submits a comprehensive and truthful explanation, as well as cessation of the violations of the Terms of

Use, which were the reason for the blocking of the User's account. In the event that there are any consequences

of the violations committed by the User, an additional condition for the revocation of the blocking of the User's

account shall be the effective removal of the consequences of these violations by the User.

7. If the Operator receives an oﬃcial notiﬁcation or obtains reliable information about the unlawful nature of the

data or activities performed by the User, the Operator shall be entitled to immediately block or delete the unlawful

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data on the User's account, as well as to prevent the unlawful activities from continuing, in particular by blocking

the User's account and deleting the content posted by the User.

8. In the case indicated in Subparagraph 7, the Operator shall immediately notify the User of its intention to delete

the data or to prevent further unlawful activity. Once the User has been notiﬁed, the Operator shall not be liable

towards the User for the deletion of the unlawful data or the prevention of the unlawful activity, including any

damage resulting therefrom.

9. Upon expiry or termination of the Agreement, the Operator shall be entitled to delete the User's account and

associated data, but no sooner than within 30 (in words: thirty) days of the termination of the Agreement.

[CHAPTER VI: APPLICATION INTERRUPTIONS AND REPORTING PROCEDURE].

§ 14.

Service and maintenance work

1. The Operator shall provide access to the Application 24 (in words: twenty-four) hours a day, seven days a week

and almost all days a year, but access to the Application may be restricted in the event of:

a) failures or errors;

b) maintenance work and work aimed at modifying ICT systems, servers, etc;

c) the occurrence of force majeure;

d) actions of third parties, including interference with the operation of the Application;

e) other circumstances beyond the Operator's control.

2. The Operator will give the User at least 3 (in words: three) days' notice of its intention to carry out service and

maintenance work if the work is of a signiﬁcant nature and requires a longer period of time. The Operator will

endeavour to ensure that such works are carried out at night, at weekends and on public holidays.

3. The service and maintenance work referred to in paragraph 2 may not take more than 8 (in words: eight) hours at

a time.

4. The operator has no inﬂuence over the carrying out of service and maintenance work by external suppliers.

§ 15.

Technical support

1. The Operator shall provide the User with technical support for the use of the Application - within reasonable

limits.

2. Technical support does not include servicing, maintenance, repair or other activities of an IT nature that should be

performed on the User's infrastructure, in particular at the User's residence or registered oﬃce.

3. Technical support is provided on working days, during working hours, remotely.

4. Before making use of the technical support, the User is obliged to read the information contained in the

"Technical support", "FAQ" or a tab with a similar function.

5. In order to make use of technical support, the User should provide a description of the problem to the Operator -

either by e-mail to contact@showyourscore.com or via the relevant functionality within the Application (if such

functionality is introduced).

6. Acceptance of the notiﬁcation referred to in subsection 5 will be conﬁrmed immediately by the Operator by

sending an e-mail.

§ 16.

SLA

1. The Operator guarantees the availability of the Application at least 90% of the time each calendar year and 90% of

the time each calendar month.

2. If the Operator fails to comply with the requirements referred to in paragraph 1, the User shall be entitled to

compensation in the form of a discount code.

§ 17.

Procedure for User Requests and their Processing

1. Applications for:

a) failures;

b) errors;

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may be sent by e-mail to contact@showyourscore.com or via the relevant functionality within the Application (if

such functionality is introduced).

2. In the case of a report as referred to in subclause 1, the report shall contain a detailed description of the fault or

error identiﬁed and, if necessary, attachments in the form of ﬁles. The Operator reserves the right to request

additional explanations or to reconstruct the problem in any other way it deems appropriate. The person

requested to provide clariﬁcation or otherwise shall assist the Operator in resolving the reported issue to the best

of his/her knowledge and without undue delay.

3. Once a notiﬁcation has been made, the Operator shall analyse it in detail during the working days and hours that

follow the notiﬁcation, and then decide on the appropriate action to be taken, consisting in particular of the

following:

a) refuse to accept the User's application as unfounded, groundless or inconsistent with the Terms and

Conditions;

b) the rectiﬁcation of the reported failure or error - if it actually occurred;

c) the use of bypasses if rapid repair is not possible.

4. In the event of a report of a failure or error, the Operator is obliged to provide the User with information on the

planned measures after the analysis in accordance with paragraph 3.

5. The Operator has the right to interfere with the data structure, the Service settings, the User's account and the

User's rights if this is necessary to rectify a failure or error.

6. Once the Operator has investigated the report and, if necessary, eliminated the identiﬁed problem, it shall notify

the User without delay.

7. Other notiﬁcations than those listed in subsection 1, for example in connection with payments, invoicing, billing,

require notiﬁcation to the e-mail address contact@showyourscore.com or via the relevant functionality within the

Application (if such functionality is introduced).

8. The Operator reserves that it is not obliged to make any changes to the Application as notiﬁed by the User, in

particular changes concerning functionality, optimisation of the Application operation and other modiﬁcations of

a substantial nature.

[CHAPTER VII: PROVISION OF SERVICES ]

§ 18.

Rules concerning the use of the Services

1. The User agrees to use the Services in accordance with their intended purpose, as speciﬁed in the Terms of Use.

2. The User may use the Application and the associated Services and Digital Content exclusively for both personal

use and commercialisation. Detailed rules related to the exploitation of the Graphics in the User's activity are set

out in § 37.

3. When using the Services, the User warrants that:

a) does not carry out any prohibited activities that are provided for in the Act of 1 March 2018 on the prevention

of money laundering and terrorist ﬁnancing (i.e. Journal of Laws 2022, item 593, as amended) and, in

particular, guarantees that the funds transferred under the Fees will not be derived from money laundering;

b) shall not use the Services to obtain assistance for the purpose of committing an act prohibited by law;

c) shall not use the Services in order to unlawfully prejudice any public law liabilities, e.g. to commit a criminal

offence.

§ 19.

Rules for the performance of the Services

1. As part of the free Services, the User may use the functionality of the Application to a limited extent, which means

that:

a) can generate Graphics without limitation as to their number;

b) Graphics include a watermark;

c) there are restrictions on the number of players and sponsors entered.

2. Access to the full functionalities of the Application requires the prior purchase of a Subscription. Subscriptions

may be purchased separately or as part of Packages. Packages may be available on the Application, as well as

on the services of Partners.

3. Once the Subscription has been activated, the User may use the available Services, consult the Digital Content

and generate Graphics to the full extent, without the limitations referred to in paragraph 1.

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§ 19a.

AI-Generated Images

1. The Application provides an image generation feature powered by third-party artiﬁcial intelligence services,

including Google (Gemini API) and OpenAI.

2. When using the AI image generation feature, the User's text prompts and any uploaded images are

transmitted to the aforementioned third-party providers for processing.

3. Generated images saved by the User are stored on the Operator's servers to enable the "Recently Generated"

feature within the User's account. These images are associated with the User's account and are not shared

with other Users.

4. By using the AI image generation feature, the User acknowledges and agrees that

a. AI-generated images may not always meet expectations and results may vary in quality, accuracy, and

relevance;

b. the User is solely responsible for how they use, distribute, or publish generated images outside of the

Application;

c. the User shall not use this feature to generate content that is illegal, harmful, defamatory, or infringes

on third-party rights;

d. the feature depends on third-party services and may be unavailable, modiﬁed, or discontinued at any

time.

5. The User retains rights to the images they generate, subject to the terms of the underlying AI service

providers.

§ 20.

Rules regarding the posting of User Content

1. The User shall have the right to post User Content to the extent that the functionalities of the Application allow.

The basic rules relating to User Content are contained in the Terms of Use, which does not exclude or limit the

Operator's right to introduce separate rules, which will include rules relating to User Content.

2. If you upload any content to the Application, you must ensure that you have the rights to use or dispose of such

content and you must ensure that the uploading of such content to the Application does not infringe any third

party rights, in particular copyright.

3. The Operator may verify the User Content posted by Users at any time, and in the event that the Operator

determines that the User Content violates the Terms of Use, the Operator may remove the User Content posted by

the User. At the same time, the Operator reserves that it is not obliged to check the User Content posted by Users

in advance, in particular through preventive checks (e.g. as part of prior approval of content added by Users) or in

any other form of checking the User Content.

4. With respect to any User Content posted or created by you on the Application, you grant the Operator a

royalty-free, non-exclusive, transferable and assignable licence to use such content, without limitation in time or

territory. The licence is granted when the User Content is posted or created in the Application. The User may

terminate the licence relating to the User Content by giving three (3) months' notice, effective at the end of a

calendar quarter.

5. After withdrawal from the Agreement, the Operator may not use User Content, with the exception of User Content

that:

a) are only useful in connection with the Digital Services;

b) relate solely to the activity of the Consumer or PNPK in the course of using the Digital Services;

c) have been linked by the Operator with other data and cannot be disconnected without undue diﬃculty;

d) have been produced jointly with other Consumers or PNPK, who may still use them.

6. At the request of the Consumer or the PNPK, the Operator shall make available to such User, at its expense,

within a reasonable time and in a commonly used machine-readable format, the User Content that has been

created or provided during the use of the Digital Services. This obligation shall not apply to the return of the User

Content referred to in paragraph 5(a) - (c).

[CHAPTER VIII: FEES. PAYMENT ARRANGEMENTS].

§ 21.

Fees for use of the Application

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1. In respect of the User's use of Services of a chargeable nature, the User shall be obliged to pay Fees in the

amount speciﬁed in the price list applied by the Operator. In particular, this applies to the purchase of

Subscriptions.

2. Subscription Fees are paid in advance and the Fee may be:

●

one-off or

cyclical.

3. In the case of one-time Fees, the Fee is paid once for the entire Subscription Period, whereas in the case of

recurring Fees, the Fees are paid for each commencing Settlement Period through the Subscription Period.

4. If the Subscription is paid for once, the Operator guarantees a ﬁxed Fee for the entire Subscription Period (the Fee

will not change). However, in the case of a Subscription paid on a recurring basis, the Operator shall have the right

to change the prices during the duration of the Subscription, but this change shall only apply to Users who

activate or extend the Subscription after the date of the increase in the Fee. The Operator shall notify the Users of

the planned change in the price list of the Fees at least 10 days (in words: ten) days before the change comes

into effect.

5. If the Operator remains available to provide the Services and the User does not use the Services for reasons

attributable to the Operator, the Operator shall not be obliged to reimburse any Fees to the User, taking into

account applicable consumer law.

§ 22.

Special entitlements and special shares

1. The Operator may offer discounts, rebates or other gratuities when using the Services available on the

Application, in particular for the purchase of Subscriptions or Packages. Decisions regarding the granting of

discounts, rebates or other gratuities shall be made by the Operator.

2. The Operator is entitled to organise special actions, in particular in cooperation with Partners, and therefore Users

taking part in a special action may be exempted from the obligation to pay the Fees to the Operator or obliged to

pay them at a lower amount than the price list.

3. The rules of special actions are deﬁned in separate rules of special actions. In particular, this applies to the rules

for the use of discount codes.

4. The Operator shall be entitled to verify at any stage whether the User fulﬁls the conditions for participation in the

special action. If it turns out that the User has violated the conditions on which the granting of special rights

depends, the Operator may exclude such User from participation in the special action.

5. Whenever a Price reduction is communicated, the Operator shall, in addition to the information about the reduced

Price, also include information about the lowest Price that was in effect during the 30 days prior to the

introduction of the reduction. If a particular Service or Package is offered for sale for a period of less than 30

days, the Operator shall include, in addition to the information on the reduced Price, information on the lowest

Price that was in effect during the period from the date of commencement of offering that Service or Package for

sale until the date of introduction of the reduction.

6. If the Operator has organised a special action and the User has not used it for reasons attributable to the User

(e.g. as a result of the User not logging in to the Application, not reading an e-mail for a prolonged period of time,

the classiﬁcation of an e-mail sent by the Operator as spam by the User's e-mail provider, etc.), the User shall not

be entitled to any claims in connection with the special action, in particular no right to use it at a later date or to

receive an equivalent for unused entitlements.

§ 23.

Making payments

1. The Subscription fee is paid in advance - with the purchase of the Subscription or Package.

2. Payment of the Fees is possible by means of the payment methods indicated in the Application, in particular by:

a) payment via a fast payment operator (tPay, PayPal);

b) making payment by payment card.

3. Payment for the recurring Paid Subscription is only possible using a payment card, and therefore a condition for

activation of the recurring Paid Subscription is that the payment card is connected to the User's account. It is not

possible to pay the Fees using other payment methods (e.g. by bank transfer) - this applies to the mobile

application.

4. The payment operator has the right to verify payment cards which are connected to the User's account, and in

particular has the right not to accept the payment card indicated by the User, e.g. issued in a country other than

Page 11 of 20

the Republic of Poland. In the case of negative veriﬁcation by the payment operator, the Operator shall not be

obliged to provide the Services, and shall be entitled to prevent the User from further use of the Services for

which the Fee has not been paid (e.g. by blocking the access to the Application functionalities). The User may ﬁle

a complaint directly to the payment operator who has negatively veriﬁed the connected payment card.

5. In the case of a Subscription payable on a recurring basis, the amount of the Fee is automatically debited from

the User's payment account before the start of the Billing Period, on the ﬁrst day of each Billing Period. The

collection of funds from the payment card shall continue until the User cancels the Subscription in accordance

with the Rules.

6. For the duration of the Periodic Paid Subscription, the User is required to have funds in the payment account in

the amount corresponding to the Subscription Fee. If the operation to collect funds from the payment card is

unsuccessful, the Operator shall make 3 more attempts to collect the funds. If, after 1 attempt, the Fee is not

paid, the Operator shall block the User's account in accordance with the principles described in § 13, as a result

of which the User shall lose access to the paid functionalities of the Application. Regaining access within the

Subscription shall be possible after the payment of the Fees by the User.

7. The Operator may make available to Users the possibility of making an E-payment, e.g. by means of a discount

code, voucher or other e-coupon. In such a case, the User will be able to pay the Price, in whole or in part, by

E-payment, in accordance with the instructions available on the order form page. The provision of the possibility

to make E-payment is not an obligation of the Operator.

8. The day of payment is the day on which the funds are credited to the Operator's bank account.

9. Upon the User's request, the Operator shall issue a VAT invoice (except for the Mobile Application, where the

issuer of accounting documents is the owner of the shop from which the Mobile Application was downloaded). In

order to do so, the User shall be obliged to provide the Operator with all the data necessary to issue a VAT invoice

in accordance with the applicable tax law - by indicating them in the User's account or in the order form. VAT

invoices will be transmitted electronically, to the e-mail address indicated by the User. In this regard, the User

authorises the Operator to send VAT invoices by means of electronic communication, in particular to the

electronic address provided by the User.

10. The User authorises the Operator to issue VAT invoices without the User's signature.

11. The operator does not collect any payment data via fast payment operators or by payment card, with the

exception of the payment identiﬁer, which enables conﬁrmation that a payment has been made.

[CHAPTER IX: OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES].

§ 24.

Other rights and obligations of the Operator

1. As part of the Agreement, the Operator undertakes to:

a) provide the Services in accordance with the Terms and Conditions;

b) inform the User of relevant circumstances relating to the use of the Services;

c) provide Users with information on the use of the Services, including on the functioning of the Application;

d) provide access to the User's account and related data and documents;

e) take appropriate technical and organisational measures to protect the Application against loss, damage and

unauthorised access or use;

f) serve Users during working days and hours.

2. The operator has the right to:

a) inform Users, by e-mail, of important notiﬁcations relating to the Services;

b) asking Users for their general opinion and level of satisfaction in using the Services. Opinions may be

collected in the form of questions or short surveys via an ICT system;

c) to carry out marketing activities in accordance with applicable legislation and user statements, if required.

§ 25.

Other rights and obligations of the User

1. As part of the Agreement, the User undertakes:

a) comply with the provisions of the Rules of Procedure;

b) pay all Fees in accordance with the Terms and Conditions;

c) use the Services in accordance with their intended purpose and the available functionalities;

Page 12 of 20

d) use the Services in accordance with the law, in accordance with the provisions of the Terms and Conditions

and the principles of social co-existence;

e) process personal data in accordance with the applicable legislation and, in particular, notify third parties of

the processing of personal data when obliged to do so;

f) not to infringe the intellectual property rights of the Operator or any third party;

g) cooperate in good faith with the Operator in the proper performance of the Agreement;

h) inform the Operator of all relevant circumstances relating to the performance of the Agreement;

i)

j)

provide all necessary explanations, information and other data at the Operator's request;

secure your own access to the devices and equipment that are used to use the Application.

2. The user has the right to:

a) manage its data and consents (it can withdraw its consent at any time);

b) use of the Services in accordance with the Terms and Conditions;

c) address enquiries to the Operator's helpdesk and lodge complaints.

[CHAPTER X: LIABILITY OF THE PARTIES].

§ 26.

Operator's liability

1. Subject to the limitations of liability provided for in the other provisions of the Terms and Conditions, the Operator

shall not be liable for:

a) failure to achieve the objectives expected by the User under the Agreement;

b) unsuitability of the Services for the purpose intended by the User;

c) the consequences of blocking or deleting the User's account for reasons attributable to the User;

d) Lack of access to the Application for reasons attributable to the User;

e) the consequences of unauthorised interference with the Application by the User or third parties;

f) loss of data stored in the Operator's information and communication systems for reasons attributable to the

User or a third party independent of the Operator;

g) incorrect performance of the Contract for reasons attributable to the User or a third party, in particular

external suppliers;

h) technical problems in making payments for reasons attributable to third parties, in particular payment

operators;

i)

j)

the actions and omissions of the Partners;

the consequences of a delay in the payment of Fees by the User;

k) Failure by the User to comply with the Operator's instructions and recommendations;

l) providing incomplete, untrue or inaccurate personal data, including contact details;

m) the consequences of using the Services in breach of the law;

n) the consequences of the User's failure to comply with the provisions of these Terms and Conditions;

o) the effects of force majeure.

2. The Operator shall not be liable for lost proﬁts - the Operator's liability may relate at most to actual loss.

3. The operator is not responsible for suppliers of external technology, equipment, services etc.

4. The liability of the Operator towards the User for damages for non-performance or improper performance of the

Agreement is limited to wilful damage.

5. The limitations and exclusions of liability provided for in the Terms and Conditions, in particular in paragraphs 1-4,

do not apply to damage in respect of which, according to mandatory legal provisions, the Operator's liability cannot

be excluded or limited.

6. The Operator's liability towards Users who are Consumers or PNPK for non-performance or improper performance

of the Agreement is governed by the relevant provisions of civil law and consumer law, and therefore the provisions

of this paragraph relating to the limitation or exclusion of the Operator's liability for non-performance or improper

performance of the Agreement do not apply to Consumers or PNPK.

§ 27.

Responsibility for the compliance of the Digital Services with the Contract

1.

The warranty for defects in Digital Services as referred to in the provisions of the Civil Code is excluded for

Contracts which are concluded by Users other than the Consumer or the PNPK.

Page 13 of 20

2.

3.

4.

The provisions on liability for the conformity of Digital Services with the Contract that are contained in the

Consumer Rights Act shall apply to the Contracts that are concluded by the Consumer or the PNPK, subject to the

provisions of the Terms and Conditions.

The Operator shall be responsible to the Consumer and the PNPK for the compliance of the Digital Services with

the Agreement. The compliance of the Digital Services with the Contract shall be assessed in accordance with the

provisions of the Consumer Rights Act.

For Digital Services:

a) delivered at one time or in parts - the Operator shall be liable for the non-conformity of the Digital Services

with the Agreement that existed at the time of delivery and became apparent within two years of that time;

b) provided on a continuous basis - the Operator shall be liable for any failure of the Digital Services to comply

with the Agreement which occurred or became apparent at the time they were to be provided in accordance

with the Agreement.

5. Where the Operator provides Digital Services on a continuous basis, the Digital Services shall be compliant for the

duration of their provision in accordance with the Agreement.

§ 28.

Bringing the Digital Services or Digital Content into conformity with the Contract

1. If the Digital Services do not comply with the Contract, the Consumer or PNPK may demand that the Digital

Services be brought into conformity with the Contract.

2. If bringing the Digital Services into compliance with the Agreement is impossible or would require excessive costs

for the Operator, the Operator may refuse to bring the Digital Services into compliance with the Agreement.

3. The Operator shall bring the Digital Services or Digital Content into conformity with the Agreement within a

reasonable period of time, not exceeding 21 days, from the time the Operator is informed by the Consumer or the

PNPK of the non-conformity of the Digital Services with the Agreement, and without undue inconvenience to the

Consumer or the PNPK, taking into account their nature and the purpose for which they are used.

4. The costs of bringing the Digital Services into compliance with the Agreement shall be borne by the Operator.

§ 29.

Reduction of the Price or withdrawal from the Contract in the event of non-conformity of the Digital Services with the

Contract

1. If the Digital Services are not in conformity with the Contract, the Consumer or PNPK may make a declaration to

reduce the Price or withdraw from the Contract when:

a) The Operator has refused to bring the Digital Services into compliance with the Agreement in accordance with

§ 28.2;

b) The Operator has not brought the Digital Services into compliance with the Agreement;

c) the lack of compliance of the Digital Services with the Agreement continues, even though the Operator has

attempted to bring the Digital Services into compliance with the Agreement;

d) the lack of conformity of the Digital Services with the Contract is so signiﬁcant that it justiﬁes a reduction of

the Price or cancellation of the Contract without ﬁrst resorting to the measures referred to in § 28 Paragraph

1;

e) it is clear from the Operator's statement or circumstances that it will not bring the Digital Services into

conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or the

PNPK.

2. The reduced Price must remain in such proportion to the Contract Price as the value of the non-conforming Digital

Services remains to the value of the conforming Digital Services. If the Digital Services are provided in parts or

continuously, the reduced Price must take into account the time during which the Digital Services remained

non-conforming with the Contract.

3. The Operator is obliged to reimburse the Price due to the Consumer or PNPK immediately, but no later than within

14 days of receipt of the Consumer's or PNPK's statement on the reduction of the Price.

4. The Consumer or the PNPK may not withdraw from the Contract if the Digital Services are provided in exchange

for payment of the Price and the lack of conformity of the Digital Services with the Contract is immaterial. The

lack of conformity of the Digital Services with the Contract shall be presumed to be material.

§ 30.

Settlement with the Consumer or PNPK in case of withdrawal from the Agreement

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1. In the event that a User who is a Consumer or a PNPK withdraws from the Agreement:

a) under the consumer warranty rights for non-conformity of the Digital Services with the Contract;

b) in the event of the Operator's failure to provide Digital Services, despite a request from the User,

The provisions of this paragraph shall apply to settlements between the Parties.

2. If the Operator has provided the Digital Content on a tangible medium, the Operator may request the return of this

medium at the latest within 14 days from the date of receipt of the cancellation notice, and the Consumer or PNPK

shall be obliged to return the medium immediately, but not later than within 21 days, at the expense of the Operator.

3. The Operator shall be obliged to reimburse the Price only to the extent that it corresponds to the Digital Services or

Digital Content that are not in conformity with the Agreement, or to the Digital Services or Digital Content in respect

of which the obligation to provide them has fallen away as a result of the withdrawal from the Agreement. At the

same time, the Operator shall not be entitled to claim payment for the time during which the Digital Services were

not in conformity with the Agreement, even if the Consumer or the PNPK actually used them before the withdrawal

from the Agreement.

4. The Operator is obliged to return the Price due to the Consumer or PNPK immediately, but no later than within 14

days of receipt of the Consumer's or PNPK's declaration of withdrawal from the Agreement.

5. The Operator shall refund the Price due using the same method of payment used by the Consumer or PNPK, unless

the Consumer or PNPK has expressly agreed to a different method of refund that does not incur any costs for the

Consumer or PNPK.

§ 31.

User responsibility

1. The User shall be liable to the Operator under the general rules of civil law, including liability for the actions of third

parties with whom he executes the Agreement or to whom he entrusts the execution of the Agreement in whole or

in part, as for his own actions.

2. In particular, the User is liable to the Operator for:

a) Use of the Application contrary to the Terms and Conditions, in particular by using it for purposes other than

those for which it was intended;

b) causing damage to a third party during the use of the Application, in particular by infringing any third party

rights;

c) carrying out unlawful activities using the Application;

d) infringement of intellectual property rights or other intangible rights of the Operator or of third parties;

e) unlawful processing of personal data;

f) delays in carrying out the obligations provided for in the Regulations;

g) non-payment or late payment of Fees;

h) providing false, incomplete or otherwise factually or legally incorrect information for the purpose of using

the Services.

3. In the event that third parties make any claims against the Operator due to the User's use of the Application, the

User shall indemnify the Operator against any liability to that third party and shall pay all documented costs

incurred by the Operator in connection with such claims. This disclaimer does not apply to Users who are

Consumers.

[CHAPTER XI: DURATION OF THE CONTRACT]

§ 32.

Duration of the Agreement

1. In the case of a Subscription, the Contract is concluded for a ﬁxed period equal to the Subscription Period, so that

the duration may vary depending on the Subscription Period selected. The Agreement for the provision of

Services other than Subscription (e.g. newsletter) is concluded for an indeﬁnite period.

2. If the User using the Subscription does not make a declaration of cancellation of further use of the Application

(by cancelling the Subscription via the relevant functionality of the Application), the Agreement shall be

automatically renewed for subsequent Subscription Periods equal to the previous Subscription Period.

3. In each case indicated in paragraph 1 or paragraph 2, the date of termination of the Contract may not be earlier

than the date of payment of all Fees to the Operator by the User.

§ 33.

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Termination of the Agreement

1. The Operator may terminate the Agreement for valid reasons attributable to the Operator, subject to a notice

period of 1 (in words: one) month, effective on the last day of the month, in particular in the event of:

a) revocation, limitation, expiry, modiﬁcation of the Operator's authority or conditions of operation, in particular

following an administrative decision, other ruling or change in the law;

b) the Operator's loss of technical, ﬁnancial or organisational capacity to perform the Agreement at its current

level;

c) a change in the nature of the Operator's business;

d) withdraw the Application from the market, sell the Application or otherwise change the way in which the

Application is used.

2. In the situations referred to in § 31.2, the Operator may terminate the Agreement, without notice, after calling the

User to a speciﬁc action or omission and setting an additional deadline of no less than 7 (in words: seven) days.

3. The User may terminate the Agreement concluded with the Operator for an indeﬁnite period of time at any time

by sending a notice of termination of the Agreement or by ceasing to use the Services (e.g. by unsubscribing

from the newsletter, etc.).

4. The User may terminate the Contract concluded with the Operator for a deﬁnite period of time only in cases

indicated in the relevant legal regulations or the Rules. In other cases, the Contract concluded for a deﬁnite period

of time is not subject to termination before the end of the period for which it was concluded.

5. If the Subscription is cancelled during the Subscription Period, the User shall retain the right to use the

Subscription until the end of the paid-up Subscription Period.

6. In the event of termination of the Agreement by the Operator for reasons attributable to the User, the User shall

not be entitled to claims for damages against the Operator, nor shall the User be entitled to reimbursement of the

Fees. This provision shall not apply to Users who are Consumers or PNPK.

[CHAPTER XII: RIGHT OF WITHDRAWAL]

§ 34.

Withdrawal from the Agreement by the User

being a Consumer or an PPC

1. As a general rule, the User who is a Consumer or an HCP may withdraw from an Agreement concluded at a

distance without giving any reason within 14 (in words: fourteen) days from the date of its conclusion by making

a declaration of withdrawal. In order to exercise the right to withdraw from the Agreement without stating

reasons, the User should send a statement to the Operator in writing or in electronic form, in accordance with the

Operator's contact details. A model declaration is attached as Appendix 1.

2.

Pursuant to Article 38 of the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws 2020, item 287, as

amended - hereinafter: u.p.k.), the User is not entitled to withdraw from the Agreement:

a)

for the provision of Services for which the User is liable to pay the price, if the Operator has performed the

Service in full with the express and prior consent of the User, who has been informed before the provision of

the Service has begun that, after the Operator has performed the Service, he will lose his right of withdrawal,

and has acknowledged this;

b) in which the subject matter of the service is sound or visual recordings or computer programs supplied in

sealed packaging if the packaging is opened after delivery;

c) for the provision of Services relating to entertainment or cultural events, if the Contract speciﬁes a day or

period for the provision of the Service;

d)

for the supply of Digital Content not delivered on a tangible medium, for which the Consumer or PNPK is

obliged to pay the price, if the Operator has commenced performance with the express and prior consent of

the User, who has been informed prior to the commencement of performance that after the Operator's

performance, he will lose the right to withdraw from the Agreement, and has acknowledged this, and the

Operator has provided the User with the conﬁrmation referred to in Article 21(2) of the Consumer Rights Act.

3. If even one of the conditions provided for in paragraph 2 has been fulﬁlled, the User shall not be entitled to

withdraw from the Contract without stating reasons.

4. In the event of an effective withdrawal from a Distance Contract, the Contract shall be deemed not to have been

concluded and the User shall be relieved of all obligations, with the exception of the costs referred to in Article 35

of the a.p.c.. With the exception of these costs, the Parties are obliged to return to each other what they have

rendered until the withdrawal from the Agreement.

Page 16 of 20

5. The Operator shall reimburse the User immediately, but no later than within 14 days of receipt of the notice of

withdrawal, the payments made by the User which the Operator is obliged to reimburse.

6. The Operator shall refund the payment using the same means of payment used by the User, unless the User has

agreed to a different method of refund that does not incur any costs for the User.

[CHAPTER XIII: COMPLAINTS PROCEDURE]

§ 35.

Complaint procedure

1. If it is found that the Contract is not being performed in accordance with the provisions of these Terms and

Conditions, the User may ﬁle a complaint.

2. A complaint can be made:

a) by sending a complaint to the electronic address contact@showyourscore.com;

b) by sending the complaint in writing, by registered post - to the Operator's address.

3. The complaint should include:

a) the name and surname (or business name) of the User;

b) contact details;

c) a detailed description of what the non-compliance of the provision of the Services with the Regulations

consisted of.

4. Upon receipt of a complaint, the Operator shall immediately acknowledge its receipt - by e-mail to the e-mail

address provided.

5. Complaints are dealt with within 14 (in words: fourteen) days from the date of the complaint.

6. If the Operator has not delivered the Digital Services in accordance with the Agreement, the User may ﬁle a

complaint requesting the Operator to deliver the Digital Services. If, despite this request, the Operator fails to

deliver the Digital Services immediately or within an additional period agreed between the Parties. The User may

withdraw from the Agreement. without calling upon the Operator to provide the Digital Services when:

a) it will be clear from the Operator's statement or circumstances that the Operator will not provide Digital

Services;

b) The Parties have agreed, or it is clear from the circumstances of the Agreement, that the speciﬁed date for the

delivery of the Digital Services was of material importance to the User and that the Operator failed to deliver

the Digital Services within that date.

[CHAPTER XIV: OUT-OF-COURT DISPUTE RESOLUTION].

§ 36.

Amicable settlement of disputes

1. Detailed information about the possibility for the User who is a Consumer to use out-of-court procedures for

handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the

oﬃces and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include

protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses

of

http://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php

the

Oﬃce

of

Competition

and

Consumer

Protection:

2. The user who is a Consumer has the following options for out-of-court complaint and redress procedures:

a) to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000

on Trade Inspection (i.e. Journal of Laws 2020, item 1706, as amended) to resolve a dispute arising from the

concluded Agreement. The Rules of Procedure for the organisation and operation of permanent amicable

consumer courts are set out in the Ordinance of the Minister of Justice of 6 September 2017 on deﬁning the

Rules of Procedure for the organisation and operation of permanent amicable consumer courts at provincial

trade inspection inspectors (Journal of Laws 2017, item 1356);

b) applying to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15

December 2000 on Commercial Inspection (i.e. Journal of Laws 2020, item 1706, as amended), with a request

to initiate mediation proceedings for an amicable settlement of a dispute with the Operator. Information on the

principles and procedure of mediation proceedings conducted by the provincial inspector of the Trade

Page 17 of 20

Inspection is available at the oﬃces and on the websites of individual provincial inspectorates of the Trade

Inspection;

c) obtain free assistance from a poviat (municipal) consumer ombudsman or a social organisation whose

statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish

Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number

800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;

d) the use of the European Union ODR online platform for complaints and redress relating to the Contract, which

European Union ODR platform can be found at: http://ec.europa.eu/consumers/odr/.

[CHAPTER XV: PROTECTION OF INTELLECTUAL PROPERTY. PROTECTION OF PERSONAL DATA].

§ 37.

Intellectual property rights

1. The Application and all materials available on the Application, including graphic templates, source code, layout,

logos, databases, etc., as well as all content prepared by the Operator may constitute protected intangible assets,

hereinafter referred to as "Intangible Assets". - and shall be protected in accordance with the relevant intellectual

property laws. The User undertakes not to infringe the Operator's intellectual property rights throughout the term

of the Agreement and after its termination, under pain of liability for damages as provided by applicable law.

2. Pursuant to the Terms and Conditions, the Operator grants the User a non-exclusive licence to use the Intangible

Assets to the extent necessary to use the Services. In the case of Graphics, the User is entitled to:

a) posting Graphics on social media;

b) upload Graphics to the websites it manages;

c) to submit the schedule by e-mail.

3.

The licence referred to in paragraph 2 shall be granted for the duration of the provision of the Services, in the

territory where the User is established or resides.

4. The User may not grant further licences (sub-licences) to third parties, except in cases where the granting of a

further licence is required for the intended use of the Graphic (e.g. by granting a further licence to the owner of

the social medium where the Graphic is to be uploaded).

5. The user may not transfer the rights under the licence granted to third parties without the operator's written

consent.

6. Subject to the provisions of fair use, it is strictly forbidden for the User to do so without the Operator's consent:

a) permanent or temporary reproduction (reproduction) of the Intangible Property, in whole or in part by any

means and in any form;

b) make any amendments, modiﬁcations to sources and changes to the structure of Intangible Assets;

c) use of the Intangible Property and parts, fragments or versions thereof in another software or work;

d) to develop software similar to the Application that could constitute developments of the Application;

e) reproduction, decompilation, disassembly and any other activities that will lead to the source code being

obtained in violation of applicable laws;

f) resell, distribute, lend, lease, rent, give for payment or free of charge to third parties the Tangible Property,

their copies, any modiﬁcations and documentation;

g) perform any acts of disposition of the rights in the Intangible Assets for the beneﬁt of third parties.

7. The granting of the licence shall take place when the User obtains access to the Intangible Assets necessary for

the use of the Services. The licence shall expire upon termination of the Services, regardless of the mode in

which this occurs.

8. The user undertakes to respect the intellectual property rights of third parties, in particular external suppliers.

9. Should the User have any doubts about the intellectual property rights and the scope of the licence granted,

he/she should immediately contact the Operator.

§ 38.

Data protection

1.

2.

The Administrator of Users' Personal Data is the Operator.

Detailed rules related to the processing of personal data and cookies are described in the privacy policy available

at: contact@showyourscore.com.

Page 18 of 20

3.

4.

5.

Where the Operator processes personal data at the instruction of and on behalf of the User, the processing of

personal data by the Operator may require the conclusion of a separate agreement for the entrustment of the

processing of personal data pursuant to Article 28 of the RODO.

For the purposes of entrusting the processing of personal data referred to in paragraph 5, the Operator and the

User shall be obliged to conclude a separate agreement on entrusting the processing of personal data. The

entrustment agreement shall regulate the detailed principles of personal data processing.

When using any personal data belonging to third parties for the performance of the Agreement, the User is

obliged to ensure that the use of such data is lawful and, in particular, that those to whom the data belongs are

duly informed of its use.

§ 39.

Opinions

1. The Operator may provide Users with an opportunity to post opinions about the Application, the Operator or the

Services offered - within the Application or on external websites belonging to third parties. In such a case, the

provisions of this section shall apply to the posting of opinions.

2. The posting of an opinion is possible after the use of the Application, in particular after the conclusion of the

Agreement, and the posting of an opinion is possible at any time.

3. The user should formulate opinions in an honest, fair and factual manner, as far as possible linguistically correct

and without using vulgarisms or other words commonly regarded as offensive.

4. The posting of opinions is prohibited:

a) without prior use of the Application;

b) fulﬁlling the characteristics of an act of unfair competition within the meaning of Article 3 of the Act of 16

April 1993 on Combating Unfair Competition;

c) that violates the personal interests of the Operator or a third party;

d) by paying users, in order to artiﬁcially raise or lower the rating of the Application or the Services offered.

5. The Operator may verify at any time whether the posted opinions comply with these Terms of Use, in particular

whether they are from Users who have actually used the Application. In addition, in the event of any doubts by

Users regarding posted opinions, the User may submit an opinion to the Operator for veriﬁcation. Upon receipt of a

notiﬁcation from the User, the Operator shall take measures, appropriate to its capabilities, aimed at verifying the

posted opinion.

6. If an opinion is posted that does not meet the requirements of these Terms and Conditions, the Operator may

refuse to publish the opinion or remove it.

[CHAPTER XVI: RESIDUAL AND FINAL PROVISIONS]

§ 40.

Contact with the Operator

1. Contact with the Operator is possible in the following ways:

1) by e-mail: contact@showyourscore.com.

2. The preferred form of communication between the Parties is electronic correspondence, via email.

§ 41.

Final provisions

1. The Operator reserves the right to amend the Terms and Conditions in cases such as:

a) change the terms and conditions of the Services;

b) the need to adapt the Rules of Procedure to legal changes;

c) the need to adapt the Rules of Procedure to a decision, judgment or other ruling of a competent court or

state authority;

d) the need to comply with a legal obligation incumbent on the Operator;

e) editorial changes.

2. Each document is marked with the date from which its provisions apply.

3. Amendments to the Terms and Conditions are published in the Application and, in addition, Users will be notiﬁed

of the planned change to the content of the Terms and Conditions electronically, by e-mail (provided that the

Operator has the User's e-mail address).

Page 19 of 20

4. Amendments to the Terms and Conditions shall become effective on the date indicated in the notice of

amendment to the Terms and Conditions, but not earlier than 7 (in words: seven) days after the notice referred to

in paragraph 3.

5. If the change to the Terms and Conditions is of a material nature and materially affects the rights or obligations

of the User, the User shall have the right to terminate the Agreement to be performed also after the change to the

Terms and Conditions, until the planned entry into force of the changes.

6. The Contract shall be governed by Polish law. To matters not regulated in the Terms and Conditions, the relevant

provisions of Polish law shall apply.

7. If the Rules of Procedure are drawn up in different language versions, the Polish version shall prevail.

8. The headings of the drafting units (paragraphs) used in the Terms and Conditions are informative for the

convenience of the Parties and do not affect the interpretation of the Contract.

9. All annexes form an integral part of the Rules of Procedure.

10. If any provision of the Terms and Conditions in whole or in part is held to be invalid, ineffective or unenforceable,

the validity, effectiveness or enforceability of the remaining provisions of the Terms and Conditions shall not be

affected. The parties hereby agree to replace such provision with an appropriate provision of law.

11. In the event of any disputes arising between the Parties regarding the conclusion, interpretation, performance and

legal effect of the Agreement, the Parties shall in good faith enter into negotiations with a view to resolving the

dispute amicably. If a dispute is not resolved amicably, the Parties shall submit the dispute for settlement to a

court of competent jurisdiction for the seat of the Operator, and in the case of Users who are Consumers or PNPK

- to a court of competent jurisdiction deﬁned by the provisions of the Act of 17 November 1964. - Code of Civil

Procedure.

12. The regulations are effective as of 01.01.2023.

Page 20 of 20