TERMS OF USE

1. Definitions:

Service Provider – Falcaon Sp. z o.o. (Ltd.) based in Walcz (Poland) at Bydgoska Street 78. NIP: 7651702155. KRS: 0000990385. Contact e-mail address: contact@showskill.app

User – any person using the Mobile Application.

Mobile Application – mobile application called "Players Monitor" available for mobile devices.

Services – services available to the User in the Mobile Application.

Terms of Use – these Terms of Use of the mobile application called "Players Monitor".

2. General provisions:

The Terms of Use specify the rights, obligations and restrictions regarding the use of the Mobile Application. By accessing the Mobile App and/or using all or some of the Services, you agree to these Terms of Use and that you agree to be bound by them.

The application is intended for adults. The use of the Mobile Application is conditionally allowed for individuals who are over the age of thirteen, in cases where they have limited legal capacity, and the intention to enter into an agreement by such a User is known to their legal guardian and will be confirmed by them, particularly upon the request of the Service Provider.

The Service Provider may change the Terms of Use at any time by posting changes online. It is the User's responsibility to review the information published online regularly to become aware of such changes in a timely manner. If the User continues to use the Mobile Application after changes are posted online, it means that the User accepts the Terms of Use as amended.

The User is prohibited from providing unlawful or offensive content to the Mobile Application. The User is obligated to use the Mobile Application in a manner that does not disrupt its functioning, particularly by not using certain software (including malicious software) or devices.

The specific risks associated with using electronic services include the possibility of unauthorized individuals gaining access to data transmitted through the network or stored on devices connected to the network, and interfering with this data. This may lead to, in particular, data loss, unauthorized modification, or the inability to use the services offered through the Mobile Application.

3. Access to the Mobile Application:

The Mobile Application can be accessed by any User from anywhere with Internet access. Any costs incurred by the User to access the service (telephone, software, Internet connection, etc.) are the responsibility of the User.

In order to access the mobile application in the version for a mobile device, the User must have a mobile device with Internet access equipped with the iOS system in the minimum version 15.0 or Android in the minimum version 9.0.

If the User accesses the Mobile Application via a mobile network, their operator or roaming service provider determines the rates and fees for messages, data transfer and other services. Downloading, installing and using some products or services may be limited or prohibited by the network operator. Some services may also not work on a given device or with a given network operator.

By using the Mobile Application, the User may allow specific access to their device and/or account. On most mobile device platforms, the User will find additional information regarding such permissions and how - if possible - they can change their settings. By downloading, installing or using the Mobile Application, the User agrees to receive automatic software updates (where applicable).

The Service Provider reserves the right to terminate, without notice or compensation, the User's access in the event of use that violates or poses a risk of violating these Terms of Use, laws and regulations, morality or public order.

4. Paid features

The Service Provider reserves the right to charge fees for certain services available in the Mobile Application. The payment terms and service costs are presented in each case within the Mobile Application.

The subscription covers the period in accordance with the current offer. The subscription is subject to automatic renewal for subsequent periods. The period within the subscription is counted with precision to the date and time of its activation.

The subscription expires upon the User’s cancellation of the subscription renewal or in the event of a failed payment for its renewal. The cancellation of the subscription should be submitted by the User no later than before the end of the current period. The User can cancel the subscription using the feature available after logging into the Mobile Application.

In case of cancellation, the subscription remains active until the end of the paid subscription period. After the subscription expires, the User will have access to the features of the Mobile Application available for users without a subscription.

The Service Provider reserves the right to change subscription plans and fees. However, any changes to prices or subscription plans will take effect no earlier than the next subscription period after sending a notification about the change to the User. If the User does not cancel the subscription after receiving the aforementioned notification, this will be deemed as acceptance of the changes in the plan or price of the subscription.

The Service Provider accepts payments via the Apple Pay mobile payment system operated by Apple Inc. (https://support.apple.com/pl-p...) or via the Google Pay mobile payment system (https://pay.google.com/intl/pl...).

In the case of recurring payments, the User agrees to the electronic payment system operator charging their payment card for the amount corresponding to the subscription fee for the subscription period. The payment is charged no later than the day before the start of the next subscription period.

If the payment cannot be processed due to expired validity, insufficient funds, or other reasons, the User will continue to access the features of the Mobile Application available to users without a subscription.

5. User Obligations:

When using the Mobile Application, each User undertakes not to disturb public order and to comply with applicable laws, respect the rights of third parties and the provisions of these Terms of Use.

Each User is obliged to:

- use the Mobile Application in accordance with its intended purpose,

- not change the purpose of the Mobile Application towards committing crimes, offences or offences punishable under criminal or other law,

- not seek to weaken the automated data processing systems implemented in the Mobile Application.

The User is not allowed to:

- attempt to obtain unauthorized access to the IT system of the Mobile Application,

- use the Mobile Application by deliberately introducing malicious software,

- violate the intellectual property rights of the Service Provider.

6. User's Responsibility

The User is responsible for the content they post in the Mobile Application. "User content" refers to any textual, graphic, audiovisual, or other content that they may post or present in the Mobile Application in connection with using the services provided by the Service Provider.

By posting and sharing content, the User voluntarily distributes that content. The posted content does not reflect the views of the Service Provider and should not be identified with its activities. The Service Provider is not a content provider but merely an entity that provides the necessary telecommunication resources for this purpose.

The User declares that: a) they are entitled to use the content, and its posting and sharing are done legally, voluntarily, and with the consent of the authorized persons; b) they consent to allowing other Users and the Service Provider to view the published content.

The User is not entitled to: a) post personal data of third parties or disseminate third-party images without the required legal authorization or consent of the third party; b) post advertising and/or promotional content within the scope of using the services.

The Service Provider is responsible for content posted by Users provided that it receives an appropriate notification in accordance with these Terms of Use. Upon receiving such a notification, the Service Provider reserves the right to modify or remove content posted by Users within the scope of their use of the services, particularly regarding content that, based on third-party reports or relevant authorities, is found to violate these Terms or applicable legal regulations. The Service Provider does not conduct automated real-time monitoring of posted content.

A User who considers a posted content in the Mobile Application to be illegal or in violation of the Terms may submit a report to the Service Provider regarding this content.

If the report contains the User's electronic contact details, the Service Provider will promptly send the User a confirmation of receipt of the report. The Service Provider will review the report and make a decision regarding the content in question in a timely, non-arbitrary, objective manner, and with due diligence (within 14 days).

The Service Provider will notify the User of the decision without undue delay. The decision may involve moderating the content, removing the content, or leaving it in the Mobile Application. The User may appeal the decision within 14 days from receiving the justification for its removal. The appeal should contain a comprehensive justification. The Service Provider will review appeals within 14 days.

If the Service Provider receives any information that raises suspicion of a crime that threatens the life or safety of a person or people, it will immediately inform law enforcement or judicial authorities of the relevant member state(s) and provide all available information regarding the matter. 

7. Limitation of the Service Provider's Liability:

The Service Provider makes every effort to ensure that the Mobile Application is available 24/7, regardless of the maintenance work carried out on it. In this respect, the Service Provider has the right to suspend access to all or part of the Mobile Application to carry out maintenance work and/or make improvements.

The Mobile Application and all services are provided on an "AS IS" and "AS AVAILABLE" basis without any representations or warranties and without any kind of warranty, express or implied, including, but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The User agrees to use the Mobile Application at his/her own risk. The User bears full and exclusive responsibility for using the services provided and for complying with the Terms of Use.

To the fullest extent permitted by law, the Service Provider and/or third parties will not be liable for any damages, including, but not limited to, indirect or consequential damages or any other damages resulting from the use of or inability to use the services, loss of data or profits, whether in an action of contract, negligence or other tort, arising from the use of the Mobile Application or services related to it. The Service Provider does not warrant that the functions of the Mobile Application will be uninterrupted or error-free, that errors will be corrected, or that the Mobile Application or the server on which it is available will be free of viruses or worms, or that they reflect the full functionality, accuracy and reliability of the services.

8. Termination of the Agreement

The User has the right to withdraw from the agreement for the provision of electronic services of a continuous and indefinite nature. The User may terminate the agreement at any time and without providing a reason.

To terminate the agreement, the User is required to use the "Delete Account" feature available after logging into the Mobile Application, and then uninstall the Mobile Application from the device’s memory.

In the event of the User violating the Terms of Use, the Service Provider reserves the right to block access to the Mobile Application or completely remove the User. The actions mentioned in the previous sentence will be carried out by the Service Provider after a prior request to the User to cease the violations, providing a deadline of no less than 3 days, and informing the User of the consequences of failing to comply with the request.

The User acknowledges that deleting the account in the Mobile Application as a result of the termination or blocking will result in the loss of access to the Mobile Application, including the inability to use the subscription, and this will not entitle the User to claim financial compensation from the Service Provider.

9. Intellectual Property:

Trademarks, logos, as well as all content of the Mobile Application and software that can be used to operate the Mobile Application are protected by copyright.

Reproduction and/or use of the Mobile Application, in whole or in part, of any kind and in any manner, is strictly prohibited.

In particular, the User is expressly prohibited from extracting, by means of permanent or temporary transfer, all or a qualitatively or quantitatively significant part of the contents of the database to another medium, in any manner and in any form, as well as reusing, by making all or a qualitatively or quantitatively significant part of the contents of the database publicly available, in any form.

10. License Terms:

The Mobile Application (except for logos, names, trademarks) is provided on the basis of a non-transferable, non-exclusive, non-commercial personal license. The license to install and use the Mobile Application is valid from the moment of downloading the Mobile Application until the license is canceled. The User may cancel the license at any time if he stops using the Mobile Application. If the User violates the rules of using the Mobile Application, the Service Provider has the right to cancel the license due to the User's fault. The license will be canceled after one month from the moment the User receives notification of its cancellation due to his fault. In the event of cancellation of the granted license, the User must permanently uninstall the Mobile Application.

11. Complaints Procedure

In the event of non-performance or improper performance of services provided through the Mobile Application by the Service Provider, the User is entitled to submit a complaint electronically to the Service Provider's email address.

A properly submitted complaint should include the User's identification (name and email address), the subject of the complaint along with the specified period it pertains to, and the circumstances justifying the submission of the complaint. If incomplete data is provided, the Service Provider will ask the User to complete the information within 7 days.

The Service Provider will consider the complaint within 14 days from the receipt of the complaint. Failure to provide information regarding the handling of the complaint within the specified period is equivalent to accepting the complaint by the Service Provider.

12. Additional provisions:

If any provision of the Terms of Use is found to be illegal, invalid, or otherwise unenforceable under applicable law, such provision will be separated and removed from the Terms of Use to the extent that it is illegal, invalid, or unenforceable in the jurisdiction where it applies, and the remaining provisions will remain in full force and effect, binding and enforceable.

The Terms of Use are governed by Polish law and will be interpreted in accordance with it. However, the choice of law does not limit any rights the User has as a consumer under the applicable laws of the country in which they reside.

Disputes arising from these Terms of Use are subject to the exclusive jurisdiction of the courts competent for the Service Provider's place of business, unless mandatory provisions of applicable law provide otherwise.