TERMS OF SERVICE

These terms of service (“Terms”) explain your rights and obligations in using the mobile applications of 1299 Studios S.C. (a Polish, European private partnership headquartered at: ul. Józefa Mireckiego 13A/7M, Mińsk Mazowiecki, Mazowieckie 05-300) its subsidiaries, parents, and affiliates. We refer to our Mobile App users as users („Users”) of 1299 Studios’s Services, whether as a guest or registered user.

Please read these Terms carefully, together with our Privacy Policy, and Content Policy. By continuing to use the Services, you agree that you have read and are bound by these Terms. If you do not agree to these Terms, you must not use the Services.

These Terms include important agreements about your rights and the rights of 1299 Studios, including, for U.S. residents, a binding agreement about how to resolve any disputes between us connected to the Services. These Terms also contain certain disclaimers that may be applicable to you. If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms. In such a case, the term “you” will refer to such an entity and its affiliates. If you do not have authority, you may not access or use the Services.

I. ABOUT THE SERVICES

SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Services is to provide them as-is, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.

SERVICES PROVIDED ”As is”. You agree that the information, software, services and content (including, without limitation) content uploaded by other users is made available through the services are provided to you “as is”. Unless the disclaimer of such warranties is prohibited by applicable law, you expressly agree that access to the services by any means is at your sole risk, and the services are provided on an „As is” and „As available” basis and 1299 Studios and/or its suppliers, officers, directors, stockholders, employees, licensors, distributors, sub-licensees, agents, and/or subcontractors (collectively, the “1299 Studios parties”) do not make any promises, warranties or representations about the accuracy or completeness of content on the services or the content of any sites linked to the services and assume no liability or responsibility whatsoever with respect to the services, including without limitation, promises and warranties, either express or implied, related to non-infringement, merchantability, and fitness for a particular purpose, or that the services will meet your requirements, be uninterrupted, error free, or secure, that defects will be corrected, or that the services (or any part thereof) shall be free of viruses or other harmful components or provide adequate, complete or timely information or data. Liability of the 1299 Studios parties is limited to the maximum extent permitted by applicable law. Nothing in these terms shall exclude any warranties or guarantees, or limit liability of the 1299 Studios parties where it would be unlawful to do so.

SERVICES SUBJECT TO CHANGE. We may change or discontinue the Services, temporarily or permanently, in our sole discretion and without prior notice. Where possible or required by applicable law, we will inform you of these changes in advance.

REGISTRATION AND ACCOUNTS. In order to access some features of the Services, you will need to create an account („Account”) and may provide information, data, or content specific to you („Account Information”). You agree to: (a) provide true, accurate, current, and complete Account Information, (b) maintain and promptly update your Account Information, (c) only maintain one Account, (d) never use another person’s Account, and (e) bear full responsibility for the activity on your Account and the security of your credentials.

You acknowledge that 1299 Studios may use your Account Information to provide the Services and for purposes as otherwise set forth in these Terms. For certain Services, 1299 Studios may require you to verify your phone number or email address and consent to a one-time SMS message or email sent through a third-party service provider. You are responsible for providing your accurate phone number or email address for verification purposes.

KEEP YOUR ACCOUNT SAFE. You are responsible for keeping your username and password secure and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your Account or from your computer and mobile devices. You may not assign or otherwise transfer your Account to any other person or entity. If you believe that there has been unauthorized access to your username, password, or your identity, please contact us as soon as possible so that we can work together to limit the damage. Although 1299 Studios will not be liable for losses caused by any unauthorized use of your Account, you may be liable for losses sustained by 1299 Studios or others, due to such unauthorized use, subject to any limits set by applicable law. You may register for or log-in to your Account via a third-party network, such as Facebook or Google. If you connect your Account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

We have the right to disable any Account and refuse current or future access to or use of the Services, at any time, if in our reasonable opinion you have failed to comply with any provision of these Terms or applicable law, or if we consider that you are using the Services to upload or download content or infringe in any manner the rights of another person. This section of Terms explains the steps we will take in relation to suspending your access to the Services.

We also reserve the right, where permitted by applicable law, to disclose your identity to any person who claims that any Generated Content (as defined below), or any other content you upload to the Services infringes their intellectual property rights, their right to privacy, or is defamatory.

ACCOUNTS NOT RETAINED FOREVER. You agree that any Account created via these Services may be terminated, and/or some or all the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.

IF IMPORTANT, KEEP A COPY. You agree that, unless otherwise specified, any Account Information which you upload or provide via the Services may be modified or deleted without prior notice and at 1299 Studios’s sole discretion. Therefore, to the extent any Account Information has importance to you, you should maintain an original copy separate from these Services.

CONTENT MODERATION. To the extent permitted by applicable law, 1299 Studios cannot and does not review content created or uploaded to the Services by Users. However, at our discretion, we may use automated and manual tools to detect and prevent harmful or infringing content on the Services. Our automated tools use signals to check images, and we also act on some content through our human review process, which may include reviewing content you have uploaded directly, as well as any content that is reported to us.

MAKING A COMPLAINT ABOUT CONTENT ON THE SERVICES. If you become aware of any content or behavior on the Services that is illegal or otherwise in breach of these Terms, then you can submit a report to us by clicking on the report button within the app. Please see the “Complaints About Copyright” section below for reports under the Digital Millennium Copyright Act.

REPEATED UNFOUNDED COMPLAINTS. If you frequently submit notices or complaints to us that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will take into account the number of clearly unfounded notices or complaints you have submitted within a given time frame when making this decision and will notify you in advance if we take any action related to this.

ACTION WE MAY TAKE IN RELATION TO YOUR ACCOUNT OR CONTENT. 1299 Studios reserves the right to remove any content on the Services, to close Accounts and terminate a User’s access to the Services at any time and at its sole discretion, including, without limitation, if such content or a User’s behavior does not comply with these Terms, for copyright infringement, violations of other intellectual property law or other rights of any third party, for violations of applicable law or regulations, or if otherwise deemed inappropriate or unacceptable to 1299 Studios. If we remove or restrict access to your content, where required by applicable laws we will notify you and explain the reason for our decision. We will also notify the submitter of any report of the action we have taken against the content. Please see our Content policy for more information.

REPEATED MISUSE OF THE SERVICES. We may suspend or terminate your access to the Services if you are determined to be a repeat infringer of any provision of these Terms, including (without limitation) if you frequently upload to the Services material that is clearly illegal. We will take into account all relevant facts and circumstances when making such a decision, such as the nature, total number, and severity of the infringements that have taken place under your Account. Please see our Content Policy for more information.

APPEALS. If you do not agree with our decision to remove your content, or to suspend or terminate your access to the Services, you can appeal our decision through our internal appeals process. Appeals can be submitted by writing to us at support@1299studios.com. We will review your appeal request and let you know the outcome of our decision. If your appeal is unsuccessful, we will explain to you the reasons why (for example, if your content has breached our Content Policy, these Terms, or is otherwise illegal). If your appeal is successful, your account will be restored. 

For Users in the European Union (EU), you also have the option to refer our decision to any independent out-of-court dispute settlement body certified by the Digital Services Coordinator under the Digital Services Act in the EU Member State where you live. This is without prejudice to your rights to take any other legal action against us in court.

II. ABOUT YOUR ELIGIBILITY FOR THE ONLINE SERVICES

YOUR AGE. You are not permitted to use the Services, establish an Account, or provide Account Information if you are under 13 years of age, or such higher age required in your country. If you are under the legal age to form a binding contract in your country, you agree that your parent or legal guardian has reviewed and agreed to these Terms of Service on your behalf.

III. ABOUT YOUR RESPONSIBILITY FOR THE SERVICES

YOUR LIABILITY. You are fully responsible for how you use the Services. Where we incur losses as a result of your misuse of the Services, you agree to compensate us for these losses, where permitted by applicable laws. This could include liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses).

PROHIBITED USE OF THE SERVICES. As a condition of your use of the Services, you agree that you will not use the Services for any purpose or in any way that is prohibited by these Terms or that violates any applicable laws or regulations. If you fail to comply with this requirement, we reserve the right to take action against you as set out in these Terms.

In particular, you acknowledge and agree that you will not use the Services:

• in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services;
• to collect or aggregate information regarding other Users’ actions related to the Services;
• to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• to generate or disseminate verifiably false information and/or content with the purpose of harming others;
• to generate or disseminate personal identifiable information that can be used to harm an individual;
• to defame, disparage or otherwise harass others;
• for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• to provide medical advice and medical results interpretation; or
• to create an Account, host, display, upload, modify, publish, store, update, share, email or otherwise transmit to 1299 Studios information, content, material, or any submission of any kind that, within the sole discretion of 1299 Studios:
  • belongs to another person and to which you have no right;
  • is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, offensive, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with, contrary to, or in violation of any laws in force;
  • is harmful to children;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • impersonates another person;
  • threatens the unity, integrity, defense, security or sovereignty of any nation state, friendly relations between nation states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to a nation state;
  • contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or
  • consists of commercial solicitation, mass messaging, political campaigning, or any form of spam.

YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE. If you change your e-mail address or other Account Information used by 1299 Studios to communicate with you electronically, you must notify 1299 Studios of the change immediately by either updating your Account profile to reflect the correct email address or by sending written notice of your updated e-mail address to support@1299studios.com

If you do not update or change an incorrect e-mail address or other contact information, you understand and agree that any notices, statements or other communications to you from 1299 Studios will still be considered to have been provided to you if they were made available to you in electronic form on the Services or e-mailed to the e-mail address we have for you in our records. 1299 Studios reserves the right, if we choose, to restrict your ability to use the Services if 1299 Studios believes that the e-mail address you provided is incorrect.

NO TEXT OR DATA MINING, OR WEB SCRAPING. You shall not conduct, facilitate, authorize, or permit any text or data mining or web scraping in relation to the Services. This includes using (or permitting, authorizing, or attempting the use of):

• Any „robot”, „bot”, „spider”, „scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Services or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The above requirements will not apply to the extent prohibited or limited by applicable laws.

IV. ABOUT PAYMENT AND SUBSCRIPTIONS

We may offer you the ability to purchase a monthly or yearly subscription for an ad-free 1299 Studios experience. When you purchase a subscription, you understand that it is a membership that automatically renews itself every month or year indefinitely without action. 1299 Studios will charge the then-current monthly or annual membership fee to the billing account that you designated as your preference, or if you have not designated a preference, to the payment mechanisms, such as a debit or credit card, most recently used on the Services. The benefits of your subscription will be suspended unless and until payment is received, provided payment is received within 25 days. If payment is not received within 25 days, your subscription will be canceled.

Your subscription may start with a free trial. The free trial period for any subscription may be subject to additional terms of conditions, which we will notify you, and will last for the period of time specified when you sign up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period. No charges will be made against the payment method unless you do not cancel prior to the end of your free trial period.

You may cancel your subscription at any time through your Google Play account. You can find information on how to cancel your subscription through your Google Play account by visiting https://support.google.com/googleplay/answer/7018481.

iOS Users can find information on how to cancel your subscription here by visiting https://support.apple.com/en-us/HT202039.

V. ABOUT HOW WE WILL RESOLVE CONFLICTS BETWEEN US CONCERNING THE SERVICES

(APPLICABLE TO U.S. USERS ONLY) NO CLASS ACTIONS. You agree that you will only sue us as an individual in any dispute connected with the Services. You agree that you will not file a class action or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party.

(APPLICABLE TO U.S. USERS ONLY) NO JURY TRIAL; BINDING ARBITRATION. You agree to waive your right to a jury trial and submit any dispute relating to the Services to binding arbitration. You and we agree that at the election of either party, any dispute connected with Services between us may be sent to binding individual arbitration to be administered by JAMS, Inc. (“JAMS”). If, for any reason, JAMS is not available or will not hear the case, you or we may file our case with any national arbitration company.

STANDARD OF CARE. You agree that our sole obligation to you in connection with the Services is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party, unless applicable laws prohibit this.

LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you connected with Services, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive, or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher if we could not place these limitations on our liability. This limitation on liability shall not be apply to any damages or other remedies available to you via statute. For the avoidance of doubt, we do not exclude or limit in any way our liability to you where it would be unlawful to do so under applicable law.

WHERE PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL ANY 1299 Studios PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND/OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES AND/OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE 1299 Studios PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE 1299 Studios PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS, GENERATED CONTENT, USERS’ USE OF THE CONTENT GENERATION TOOLS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 1299 Studios MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OF AMERICA. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

WE’RE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL. You agree that we are not responsible for anything beyond our control. For example, we are not liable for: Service interruptions caused by problems with a communications network; problems caused by an Internet service provider; your computer or its programs failing; the acts of criminal attackers, whether in real-time or automated (e.g., viruses); other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the Services or to your downloading of any content on it, or on any website linked to it; or errors in information provided to us upon which we reasonably rely. These are only examples and do not affect other rights that may be afforded to you by consumer laws.

THIRD PARTIES. Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with 1299 Studios. Your interaction with, or participation in promotions of, third parties found on or through the Services are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT 1299 Studios SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES. We assume no responsibility for the content of websites linked on the Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VI. GENERAL PROVISIONS

CHOICE OF LAW. These Terms will be governed by the laws of the State of New York without regard to its conflict of laws principles. If you are resident in the UK or EU, consumer laws permit you to bring an action against us in the courts of the country in which you reside.

TERMINATION BY US. We reserve the right to terminate your Account and these Terms if we determine that you are in material or repeated breach of these Terms, any applicable laws or regulations, or in other reasonable circumstances as determined by 1299 Studios in our sole discretion.

TERMINATION BY YOU. You may terminate these Terms at any time by deleting your Account and ceasing to use the Services.

AMENDMENTS. These Terms may be updated from time to time. You should check these Terms whenever you use the Services to see whether any changes have been made, as these will be binding on you. If we make any changes, we will notify you by posting the revised Terms on this page and by revising the „Effective Date” at the top. We will try to give you reasonable notice of any major changes. If you do not agree with these Terms or to any changes we make in the future, you must not use the Services.

ENTIRE AGREEMENT. These Terms constitute the entire agreement between you and 1299 Studios in relation to the Services.

THIRD PARTY RIGHTS. Our past, present, and future affiliates and agents can enforce our rights under these Terms in the event they become involved in a dispute with you. Otherwise, these Terms are between us and you and do not give rights to any third parties and nobody else can enforce them.

ASSIGNMENT. You may not assign or transfer any of your rights under these Terms. 1299 Studios may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services, so that a different organization is responsible for supplying the Services to you. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

SEVERABILITY. If a provision of these Terms is found to be unenforceable by a court or tribunal, the other provisions will still apply, and an enforceable term will be substituted reflecting our intent as closely as possible.

WAIVER. 1299 Studios’s delay or failure to enforce a provision or a right set out in these Terms does not prevent us from doing so later.

VII. CONTACT INFORMATION

If you have any questions, comments, or concerns about the Services or our Terms you may contact us at: support@1299studios.com

If you believe we have breached these Terms or would like to raise other concerns about the Services, you can contact us at support@1299studios.com

Contact for authorities: support@1299studios.com in English 

Contact for users:
support@1299studios.com in English.