Terms of Service for Electronic Service Provision

1. These Terms of Service are issued pursuant to Article 8(1)(1) of the Act of July 18, 2002 on the provision of electronic services (consolidated text: Journal of Laws 2024, item 1513) and are made available to Users free of charge in a form that allows them to download, save, and print it via the Platform.

3. The Operator and owner of the Website and Application is: Red Noses Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, ul. Piekarska 9/1, 31-067 Kraków, entered in the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division, under KRS number 0000707270, NIP: 6762540560, REGON: 368888405.

1. The Application is available to all users of electronic devices meeting the technical requirements listed below, who gain access to the Application by logging in from a web browser or downloading it from the Play Store (Android), App Store, or directly from the Application's website www.moviebaker.app.

2. Using the Application does not require separate installation, but during use, it is necessary to use a web browser.

3. To launch and properly operate the Application, access to the Internet is required (active Internet connection, active Wi-Fi connection).

5. The User decides each time to grant access to the indicated functions in the operating system settings or while using the Application.

6. Refusal to grant consent for certain accesses may limit the operation of some Application functionalities.

1. The contract for the provision of electronic services for the use of the Application and the Executive Modules made available therein is concluded between the Operator and the User at the moment of creating a User Account.

2. Downloading the Application from the Play Store or App Store to a mobile device is free of charge. Using the Executive Modules of the Application selected by the User is subject to a fee in the amount specified in the Price List, which is an appendix to the Terms of Service.

3. The costs of data transmission required to download, install, and use the Application are covered by the User at their own expense based on the agreement concluded with the Internet service provider. The Operator is not responsible for the amount of fees charged for the use of data transmission necessary to use the Application.

4. The rules for providing electronic services within each of the Executive Modules available in the Application are regulated in appendices to these Terms of Service, prepared separately for each Module.

5. The Newsletter service consists of sending commercial information by the Operator to the email address provided by the User, as understood by the Act on the provision of electronic services of July 18, 2002, with the prior consent expressed by the User.

6. The Newsletter service is made available to the User who enters their email address in the subscription form. The subscription form is available at the bottom of the Website at www.moviebaker.app. After subscribing, the User will receive a confirmation link via email, which must be activated by clicking on it. The contract for the provision of the Newsletter service is concluded upon activation of the subscription. The User may unsubscribe at any time by using the link included in the received message.

7. The Operator reserves the right to another form of subscription to the Newsletter than the subscription form available from the Website footer, made available to Users as part of a marketing strategy (e.g., the possibility of receiving a discount for subscribing to the Newsletter) - in such a case, the Operator will inform the User each time about the terms of subscription to the Newsletter and the terms of use of this service.

8. The Operator provides a Contact Form on the Website, which allows sending a message to the Operator without logging in. The Contact Form is available for the entire time the User uses the Application.

9. The Contact Form is an additional service, available when using the Application as well as when using the website related to the Application. Using the Contact Form is free of charge.

10. The contract for the provision of the electronic service of the Contact Form is concluded for a definite period until a response is given to the inquiry placed in this form and is additional to the use of the Application. Its termination or withdrawal by either party does not affect or limit the possibility of using other modules of the Application.

11. Each party may terminate the contract for the provision of the Contact Form service without notice until a response is given to the inquiry sent via the Contact Form.

12. When using the Contact Form, the User is obliged to comply with these Terms of Service and generally applicable law.

1. Using the Application and individual Executive Modules is possible via the User Account.

2. The Operator declares and reserves that the use of the Application is intended for professionals and entrepreneurs in the audiovisual industry.

3. A User with an Account in the Application may create only one Account for their organization.

4. Using the Application (except for the Newsletter and Contact Form) is possible only via the User Account.

5. Creating a User Account is free of charge. To create a User Account, you must complete the registration form and follow the instructions appearing during registration in the Application.

6. By approving the registration form, the User also confirms the truthfulness of the personal data provided in the form, including the data of the organization they represent (in the case of legal persons) and billing data.

7. The User is responsible for providing personal data that is inconsistent with reality, untrue, or concerning third parties, not the User.

8. It is not allowed to create multiple User Accounts by one person or to share the owned account with other people. The User undertakes to secure and take care of the data used to log in to the Application.

9. To use the Application, the User is required to log in to the Application. Logging in to the Application is possible via the login method selected at the registration stage in the Application, including via Identification Data or the Login System provided by external entities.

10. The User has the right to edit their data provided during Registration. Data editing is possible via the Application, in the User Account settings.

11. The User may delete the Account themselves using the appropriate function in the Application, located in the 'Settings' section. In such a case, all information about the User is deleted by the Operator. The User may revoke the statement of account deletion within 7 days from the date of its submission via the link in the email confirming the account deletion. After deleting the account, the Operator archives the User's data and stores it for 2 years.

12. The contract for the provision of electronic services regarding the User Account is terminated upon deletion of this account.

13. The User Account may not be transferred to another person.

14. The Operator reserves the right to suspend, modify, or delete the User Account, in particular in the event of a breach of the Terms of Service by the User or reports of abuse, as well as in any other case where it is justified by the Operator's interests.

1. In the case of purchasing access to any of the Executive Modules, the User concludes a contract with the Operator for the use of this module for a definite period according to the subscription plan selected by the User.

2. As a result of the contract concluded with the Operator, the User obtains uninterrupted access to the selected Modules provided that periodic payments are made for them.

5. In the case of contracts where payments are defined in advance for the entire duration of the contract and are settled in monthly cycles, payment is collected automatically at the beginning of each subsequent month of the contract.

6. Payment is made by charging the payment method indicated by the User at the time of concluding the contract with the Operator.

8. A User who has concluded a contract with the Operator for the use of a Module or Modules for an indefinite period may terminate this contract at any time, without giving a reason. If the contract between the User and the Operator was concluded for a definite period with the possibility of renewal for a further definite period, the User should submit a statement to the Operator about the resignation from its renewal.

10. At the time specified in sec. 7 above, the User's access to the selected Modules ends.

11. The contract is also terminated in any case of inability to collect payment for the next month of its validity (e.g., due to lack of funds on the payment card or its expiration) at the end of the previous month for which payment was made.

12. The Operator is entitled to terminate the contract for the provision of electronic services regarding the Module or Modules, concluded for an indefinite period, without giving reasons, in advance at the end of the month following the month in which the statement was made to the User. The Operator sends the notice of termination to the User's email address provided during registration and account creation. The Operator's right does not prejudice the User's right to terminate the contract for the provision of electronic services.

13. In the case of termination of the contract for the provision of electronic services concluded for an indefinite period, access to the Module or Modules is granted to the User until the end of the month for which the last payment was made. The User is not entitled to request a refund of any payment – in whole or in part – for this period.

14. In the case of a User conducting business activity, after making the payment, the Operator will issue a VAT invoice to the User for the month in which the payment was made. The invoice will be available to the User _______________. By accepting the Terms of Service, the User agrees to the issuance of the invoice without their signature.

3. Copying materials and content available within the Application, and made available by other Users, is prohibited and constitutes a violation of the proprietary copyrights of other Users.

4. The Operator is obliged to reliably provide the electronic services described in these Terms of Service.

5. In the scope of maintenance work, the Operator reserves the right to temporarily block access to the Application or its individual Executive Modules for the time necessary to properly perform them.

1. All proprietary copyrights and appropriate licenses to the Application and the content made available therein, in whole and in part, in particular textual, graphic, multimedia elements, and programming elements generating and operating the Application, are reserved for the Operator.

2. Copyrights are protected under the Act of February 4, 1994 on copyright and related rights (Journal of Laws 2021, item 1062).

3. Using the content published in the Application does not mean acquiring any copyrights by the User, subject to sec. 4 below.

4. Upon making the account available in the Application, the Operator grants the User a non-exclusive, non-transferable, territorially unlimited, time-limited (i.e., for the duration of the contract concluded with the User) license to use the Application in accordance with its intended purpose.

5. The license referred to in sec. 4 above does not entitle the User to grant further licenses.

6. The User is not entitled to use the Application for profit-making purposes other than those resulting from the contract concluded between the User and the Operator, and in particular, the User is not entitled to use the Application for purposes other than those resulting from the indicated Agreement.

7. Making the content contained in the Application available to third parties is allowed using the tools contained in the Application and intended for this purpose.

8. It is forbidden to reproduce, sell, market, or otherwise distribute the Application, the content made available therein, in whole or in part, in particular by sending or making available in computer systems and networks, mobile application distribution systems, or any other ICT systems.

1. In the event of any abuse by the User, in particular a breach of the Terms of Service, generally applicable law (including in particular the prohibition of publishing unlawful content), as well as a breach of the contract concluded between the User and the Lessee, the Operator reserves the right to suspend the User Account.

2. The Operator will make every effort to inform the User about the suspension of services in the event of suspension of the Account. If the User does not agree with the Operator's decision, they may file a complaint in accordance with §13 below.

3. The User is responsible for all information and content sent or posted in the Application, including content that is unlawful or infringes the intellectual property rights of any entity or the personal rights of third parties. In such a case, the Operator is entitled to remove such content from the Application, which the User acknowledges. In particular, the Operator is entitled to remove such content about which it has received a report of its unlawful or infringing nature from other Users or state authorities.

4. Any cases of abuse can be reported by email to [email protected] or via the Contact Form available in the Application.

1. The Application processes personal data on the terms described in the Privacy Policy.

2. Upon creating a User Account, the User accepts the terms of the Terms of Service and accepts the processing of personal data on the terms described in the Privacy Policy.

3. Detailed rules for collecting, processing, and storing personal data used to provide Services by the Application are described in the Privacy Policy, which is available at: _______________.

4. A User who uses the Executive Modules of the Application entrusts the Operator with the processing of personal data on the terms described in the Data Processing Agreement.

1. The Application is computer software, and its operation is influenced by a number of factors, including other programs, component drivers, web browsers, other devices, computer networks, or telecommunications infrastructure operators.

2. The Operator continuously monitors the operation of the Application to ensure its constant correctness. However, the Operator cannot guarantee the constant availability of all functionalities of the Application, nor their error-free operation.

3. The User acknowledges the possibility of events affecting the operation of the Application that are beyond the Operator's control and for which the Operator has no full ability to investigate and prevent the improper operation of the Application.

4. In connection with the content of sec. 1-3, the Terms of Service do not constitute a guarantee of the proper operation of the Application. The decision to use the Application is made independently by the User, taking into account the fact that the Application has been designed to ensure its optimal operation on Users' devices and with the configuration used on those devices.

6. The Operator is not liable for technical problems and limitations related to the functioning of ICT systems, in particular for the stability of the Internet connection on the User's device, which the User uses on their devices, affecting the use of the Application, as well as for technical problems and limitations arising from reasons beyond the Operator's control.

7. The Operator is not liable to the User for losses (both direct and indirect), loss of data, profits, revenues, failure of undertakings for any reason except for reasons resulting from the Operator's willful misconduct or gross negligence or its employees.

8. The Operator is also not liable for any failure to perform obligations under the Terms of Service if they are caused by circumstances for which it is not responsible.

9. The Operator reserves the right to suspend or terminate the provision of electronic services within the Application at any time, for any reason, in particular due to maintenance or technical activities related to the development of the Application. In such a case, the Operator will inform Users in advance.

2. The complaint should include: the content of the complaint and contact details to which the response should be sent, a description of the problem, and the reason for the complaint.

3. The time for considering the complaint and providing feedback is 14 days.

4. Responses to complaints will be sent by email, traditional mail, or by phone, in accordance with the contact details provided by the complainant in the complaint submission.

1. A User who has their usual place of residence in Poland and is a consumer has rights under the Act of May 30, 2014 on consumer rights, including the right to withdraw from the contract.

2. In the case of any contract concluded with a consumer outside the business premises, the consumer has the right to withdraw from it within 14 days from the date of its conclusion, without giving a reason, which is exercised by submitting a statement to the Operator at the Operator's address: ul. Piekarska 9/1, 31-067 Kraków or by email to: [email protected] before the deadline for withdrawal. The User may also use the form attached to the Terms of Service.

3. Withdrawal from the contract for the provision of electronic services does not involve any costs for the User, subject to the provisions of §6 above regarding subscription fees.

4. The right to withdraw from the contract may be excluded (in accordance with Article 38 of the Consumer Rights Act) in the case of contracts for the supply of digital content not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline for withdrawal and after being informed by the Operator about the loss of the right to withdraw from the contract.

5. The consent referred to in sec. 4 above may be given by the User when purchasing a subscription to the selected Executive Module, in the form of an electronic declaration of will in this respect by selecting the appropriate checkbox. In such a case, the User is informed about the loss of the right to withdraw from the Contract before the commencement of the services covered by their declaration of will provided electronically.

1. These Terms of Service constitute the entire agreement between the Operator and the User regarding the provision of electronic services and supersede any other arrangements and agreements between the Parties.

2. The Operator reserves that these Terms of Service may be amended. In the case of significant changes, users will be notified by email to the address provided during registration or via notifications in the Application.

4. The Operator provides access to the Terms of Service via a link posted on the website www.moviebaker.app.

5. In matters not regulated in the Terms of Service, the provisions of absolutely binding law apply.

6. The Terms of Service come into force upon publication.