TERMS OF SERVICE PROVIDED BY ELECTRONIC MEANS BY GAMEDESIRE GROUP
§1 GENERAL PROVISIONS
These Terms of Service determine the rules of using the Games made available to the Users by the Operator i.e.
GameDesire Group Spółka akcyjna (a joint stock company incorporated under the laws of Poland) with its
registered office in Kraków, Poland.
These Terms of Service are rules and regulations within the meaning of the relevant provisions of law pertaining
to electronically provided services and shall specify:
The rules for the provision of services consisting in access to the Games and related services provided
by electronic means,
The rules of downloading the Games from platforms indicated in these Terms of Service and using the
Games downloaded by the User,
Rights and obligations of the Users and the Operator,
Principles of personal data protection of the Users.
The Terms of Service are made available to the User at the address: https://terms.gamedesiregroup.com.com/terms-of-service
prior to the User entering into an agreement for the
provision of electronic services, as well as in the form of a hyperlink within the Game. The User may at any
time download and save the Terms of Service, and the Operator ensures that the Terms of Service are constantly
available in their up-to-date version.
The provisions of these Terms of Service which have not been made available to the User in the manner indicated
in ss. 3 above, are not binding on them.
Prior to using the Game, the User should acquaint himself/herself with the content of the Terms of Service, and
abide by the Terms of Service while using the Game.
If the User has not read the Terms of Service and has not accepted their content, he/she cannot use the services
made available to him/her.
Use of the Game is tantamount to the User accepting the content of these Terms of Service. If the User does not
agree to accept Terms of Service, the Game should be uninstalled or the installation of the Game should be
The Operator hereby informs that he/she does not enter into separate individual agreements with the Users, and
that the provision of services by electronic means takes place only on terms provided for herein.
Provisions of these Terms of Service may be amended in accordance with §19 below.
The Operator reserves the right to modify or withdraw the Game due to circumstances arising from generally
applicable law or technological changes, in particular if the following occurs:
Technical difficulties related to the operation of the Game or the Internet,
Justified by the protection of data privacy or other legally motivated circumstances.
§2 DEFINITIONS USED IN THE TERMS OF SERVICE
The terms used in these Terms of Service shall have the following meaning:
Chat - a module of the Game allowing direct communication between Users.
Game - software made available by the Operator on platforms enabling downloading and installing it
on the User's mobile devices.
User Account - the user profile within the Game used to access the functionalities provided by the
Operator, created at the moment the Game is installed, allowing the information about the Users progress
in the game to be stored.
Operator - GameDesire Group Spółka Akcyjna (a joint stock company incorporated
under the laws of Poland) with its registered office in Kraków at the address: ul. Promienistych
1, 31-481 Kraków, entered into the register of entrepreneurs of the Polish National Court
Register by the District Court for Kraków-Śródmieście in Kraków, XI Commercial
Division of the National Court Register, under the KRS number: 0000882543, having a tax registration
number NIP: 9452180815, statistical number REGON: 123200560, share capital: PLN 245.900,00.
Distribution platform - a portal or website enabling its users to download the Games made available on
it and to purchase virtual goods, including in particular Google Play and App Store and other similar
Computing platform - operating system installed on the Mobile device on which the Game is
Terms of Service - these Terms of Service for the provision of electronic services by GameDesire
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of individuals with regard to the processing of personal data and on the free movement of
such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Login System - a method of User authentication using the User's data provided by operators of
external platforms or services, in particular Facebook, Google or Sign in with Apple.
Service - a service or services provided by electronic means, consisting in particular in making
available to the Users the possibilities to:
install and use the Game,
take part in the Game and acquire points in the Game in return for the completion of particular
tasks indicated in the Game,
play the Game with other Users,
view an advertisement in order to obtain Virtual Goods in the Game,
purchase Virtual goods in the Game,
utilize other functionalities of the Game according to its character.
Mobile device - portable electronic devices connected to the Internet, Android or iOS based.
User - any natural person who uses the Game.
Virtual goods - settlement points assigned to User's account in accordance with the nature of the Game,
purchased by the User or acquired upon completion of particular tasks in the Game. Earning settlement
points is also possible by voluntarily watching the advertisement by the User appearing on the main
screen of the Game or in another dedicated place in the Game. The Virtual goods are not means of
payment, may not be transferred by and between Users, nor can they be returned or paid out at the end of
the Game. Virtual Goods may also include items that allow the User to obtain a randomly assigned item or
character with different probability of obtaining it.
§3 USER ACCOUNT
The User is not obliged to create a separate account upon installation of a Game on a Mobile Device, the
Operator may however - in certain Games - provide for such a requirement. In such cases, the User will be
asked to provide the data indicated in a registration form within the Game and to follow messages subsequently
displayed in the Game.
At the moment of the Game's installation, an account assigned to that User is automatically created on the
Operator's server and on the Mobile Device , with which the User's saved games and the Virtual goods
acquired or purchased by the User are stored.
The User can additionally allow for their account to be identified in the Game by the Login System. In such a
case, the Operator may collect from the entities operating the Login System the User's email address,
which may then be processed in connection with the maintenance of the User account.
By accepting these Terms of Service:
The User declares that he/she is an adult,
The User undertakes that if a separate User Account has to be created, they will not pass on their
identification data, both concerning the User account and/or the Login System, to any third party, and
will not allow any third party to use them.
are accepted by the legal guardian or parent of the User. In the absence of such acceptance, the User should not
create an account and use the Game.
The Operator is entitled to assume that any person who installs or, if a separate account is created, logs into
the Game is a User In case anyone uses the Game without the User's authorization or accesses the User's
account without authorization, the Operator is not liable for the disclosure of the User's data and damages
resulting therefrom. If such a requirement is introduced in the Game, the User is required to provide, during
registration, their up-to-date data.
If such a requirement is introduced in the Game, the User is required to provide, during registration, their
The Operator reserves the right to delete a User's account if a User is inactive for more than 1 year. In such
case, the User will not be able to access his/her Account and the data stored in it or associated with it,
including the Virtual goods acquired in connection with that User's use of the Game, the results and the
User's progress within the Game at the moment they ceased playing the Game. If a User had made purchases
in the Game, or if he/she had - within the Games - acted as a User coordinating other Users in-Game
activities, or they had reached a certain progress in the Game, their account will be archived.
The User's Account cannot be transferred to another person.
The Operator reserves the right to suspend, modify or delete a User's account, in particular if a User violates
the Terms of Service or abuse by that User is reported.
§4 USE OF THE GAME
The User may download the Game from one of the Distribution Platforms.
A Game may be downloaded without a need to pay a fee to the Operator. Fees for acquiring Virtual goods available
in the Game are paid in accordance with the terms and conditions provided by the Distribution Platforms'
By downloading and using the Game on a Mobile Device the User enters into an agreement for the provision of
services by electronic means, which shall in particular cover the following services:
Using the Game on a Mobile Device progressing in the Game,
Purchase of Virtual goods available in the Game in the "Store" tab or other similarly designated tab or
any other designated locations within the Game, enabling Users to purchase the Virtual goods,
Obtaining Virtual goods by voluntarily watching the advertisement by the User appearing on the main
screen of the Game or in another dedicated place in the Game,
Storing the states at which the User has completed the Game at any given time,
Recording other activities related to the User's participation in the Game,
Enabling to play the Game with other Users,
Possibility to additionally identify the User Account Login Systems,
Ability to contact other Users using the in-Game Chat feature in order to liaise and communicate with
The provision of services by electronic means in the form of making the Game and its functionalities available
to the Users also consists of allowing them to take part in the Game in which, depending on the rules of that
Game, speed, dexterity or perceptiveness are subject to scoring, in which case the person who obtains the best
score thanks to these skills and/or properties wins, or in which the outcome depends in whole or in part on
The agreement for the provision of electronic services is concluded by and between the Operator and the User
upon download and installation of the Game, and, within the scope of making available to the User certain
individual functionalities of the Game dependent on meeting additional requirements by the User (e.g. certain
achievements in the Game or a certain number of points, etc.) - at the moment that the User meets these
requirements and expresses his desire to use these functionalities.
While using the Game, the User is required to comply with the law, the provisions of these Terms of Service and
the relevant terms and conditions of the Distribution Platforms that allow downloading the Game. Furthermore,
the User shall use the Game in a manner that does not interfere with its operation and is not inconvenient for
other Users and/or the Operator, does not violate the principles of community life and does not lead to
infringement of third parties' personal rights, as well as their other rights.
Communicating so-called illegal content, i.e. content advocating or inciting racial, ethnic, religious hatred,
containing pornographic content, praising fascism, Nazism, communism, promoting violence, insulting religious
feelings, violating the rights of others, having a harmful, harassing, defamatory, obscene or otherwise
unacceptable character, etc. by Users is prohibited. The prohibition applies also to any content which:
violates or may violate intellectual property rights or other rights of third parties, including the
rights in confidential or restricted information,
constitutes unsolicited commercial information or spam,
contains viruses or other software that may interfere with the proper functioning of the Game.
The User is solely liable for the content communicated to other Users.
The User undertakes also not to:
use the Game for any purposes illegal or contradictory with these Terms of Service, including fraud or
other abuses of law,
utilize third party data to use the Game,
anonymize or hide their IP number and/or other user identification data,
use the Game for commercial purposes, including not to send unsolicited commercial information,
interfere with information regarding intellectual property rights relating to the Game,
interfere with the Game, servers or networks used to access it, interrupt the operation of the Game or
attempt to decompile, disassemble or otherwise interfere with the Game, in particular with respect to
measures taken to protect the data transmitted or stored by the Operator,
in any way collect information about other Users, including personal data,
sell or attempt to sell Virtual goods or Accounts,
interfere with the normal operation of the Game in any way,
use the Game in a manner inconsistent with the Terms of Service,
The Operator does not control the content communicated by Users to other Users. The Operator does not guarantee
the correct delivery of content sent by the Users, nor its compliance with the law and the Terms of Service. The
Operator shall not be held liable for any damages arisen in connection with the communication or publishing of
such content by User.
The Operator reserves the right to remove the content sent by a User if such content violates the Terms of
Service or the law, provided that the Operator does not conduct real-time monitoring of the content communicated
by the Users.
§5 VIRTUAL GOODS AND SUBSCRIPTIONS
The Games may include Virtual goods allowing the User to obtain other in-Game items that allow playing the Games
or purchasing other Virtual goods available in the Game, as well as subscriptions made available in the Game by
The Virtual goods available in the Games are property of the Operator and cannot be exchanged for real money or
real goods or real services and are not means of payment. Virtual goods purchased by or obtained by the User in
the course of using the Game may not be transferred between User Accounts (unless such transfer is provided for
by the Game's rules) or be the subject of a sales agreement by and between a User and third parties. The
User is not entitled to use the Virtual goods in any other way than that allowed for and indicated in the Game
or to use them outside the Game.
Depending on the rules of the Game, the User may receive a certain amount of Virtual goods for completing
specific tasks as provided for in the rules of the Game.
The Operator warrants that the User is not the owner of the Virtual goods, but is authorized to use them under a
limited, revocable license.
The User agrees that the sale of Virtual goods in the Game is final and irrevocable, including that the Operator
will not reimburse the transaction costs after it has been made and, subject to the consumer rights described in
§12 below, the purchase cannot be cancelled if the User has the Game installed on their Mobile Device and
such User agrees that the Virtual goods will be made available to them immediately after the purchase.
By using the Virtual goods in the Game, the User has immediate access to services provided electronically by
means of making such Virtual goods available to the User, and therefore the User's right to terminate the
agreement may be resigned, subject to the provisions of §12 below.
Certain Virtual goods made available in some Games for a fee, may operate as to result in the User being
randomly assigned characters or equipment elements or other items available in the game (in accordance with the
Game's rules). In such cases, by making a transaction, the User acquires an element of the Game allowing
him to acquire a randomly assigned character or its equipment, from a given pool made available for random
Any and all data related to Virtual goods purchased or made available to the User, regardless of means of
obtaining, will be stored in the User Account. If the User had chosen not to additionally identify their Account
with a Login System, such User's data, including the data about Virtual goods acquired, will only be
stored on the Mobile Device and on the Operator's server. In such a case, should any problems arise, the
Operator will not be able to recover such User's data, and, moreover:
The User bears all risk of losing the Virtual goods purchased from the Operator, obtained as a result of
voluntarily watching an advertisement and/or received by completing the tasks in indicated in the Game,
The User bears all risks associated with the loss of any other data related to the Game.
The prices of Virtual goods that a User may purchase in a certain Game are determined in a price list, available
in the relevant Game by the User entering the "Store" tab available in the Game, as well as made available in
certain locations in the Game. These prices are subject to change. The Operator will inform the Users about the
change of prices by publishing a new price list in the Game.
The user may purchase Virtual goods in quantities and prices specified in a price list. The Operator may limit
the amount of Virtual goods available for one-time purchase for each Game.
Regardless of the price list and publishing thereof, the purchase price of Virtual goods in the Game will be
communicated to the User at the moment of placing an order. The amount indicated as a purchase price will
include all applicable taxes and public law fees.
Acquisition of Virtual goods and payments in connection therewith are transacted by Distribution Platforms in
accordance with the terms and conditions of the Distribution Platforms.The User should get acquainted with the
above-mentioned terms and conditions before acquisition and making the payment.
If payment fails, the purchase of Virtual goods will not be effective. If payment is successful, the purchase
will be made immediately.
Depending on the Game, the rules for using the Virtual goods may vary. The rules for using the Virtual goods for
each game are defined in such Game's Rules, available in this Game.
In certain Games, the User may also place a paid subscription for certain additional elements of the Game
indicated in that Game. In this case, the payment for the subscription will be charged automatically every
number of months accordingly to the plan chosen by the User, till the moment that User cancels the subscription
at least 24 hours before the next subscription renewal. The User cannot transfer the subscription to other
Users. The User acknowledges that the subscription constitutes a service provided by electronic means and that
immediate access to the subscription excludes the User's right to terminate from the sales agreement.
§6 PLAYING THE GAMES WITH OTHER USERS
A Game may allow Users to play with other Users ("Multiplayer") or to build communities, depending
on the rules of the Game.
Multiplayer or community building functionalities are accessible only if the User plays the Game online and only
pursuant to terms and rules indicated in the Game.
The Operator may make multiplayer or community building functionalities available dependent on the User
attaining certain achievements indicated in the Game or the User reaching a certain progress in the Game.
The User may engage in multiplayer activities with other Users picked by that User or randomly assigned by the
Operator in accordance with the Game's rules. For some Games, the Operator may associate Users with each
other based on their in-Game performances.
Installation of the Game on a User's Mobile Device is tantamount to the User consenting to have their username,
achievements and/or results, online/offline status data displayed in-Game as a part of the Game's
operation, including for the purpose of maintaining User rankings, building communities, enabling multiplayer
functionalities, both in terms of passing such data on to other Users as well as for the Operator's
§7 TECHNICAL REQUIREMENTS
The game is available to all users of Mobile Devices meeting the following technical requirements, who download
it from the appropriate platform and run it on a Mobile Device.
Installation of the Game requires downloading it from a Distribution Platform to the Mobile Device.
Internet access may, further to the Game's specific requirements, be necessary to launch the Game and for
it to operate properly. Internet access is however necessary if the User chooses to take part in multiplayer
functionalities and/or wants to purchase Virtual goods available in the Game.
The Operator reserves the right to suspend, at any time and for any reason, the operation of the Game, as well
as to change, withdraw or add new services provided in connection therewith.
The Operator has the right to deactivate access to the Game at any time, without giving any reason, in order to
make improvements or carry out necessary repairs and maintenance work. Technical interruptions in the operation
of the Game cannot be the basis for any claims by Users or any other person.
§8 LIMITATION OF ABUSE
In case of any abuse on the part of the User, including particularly a violation of the Terms of Service or of
provisions of generally applicable law (in particular regarding the prohibition of dissemination of illegal
content), the Operator reserves the right:
Suspend or delete that User's account,
Cancel the accomplishments and/or results attained by that User in violation of the Terms of Service
and/or the law,
Delete entries made in the Game Chat.
In cases particularly justified, including in cases of serious violations and abuses by the User, the Operator
reserves the right to block the User from accessing the Game from a specific IP address or a specific Mobile
Device. The Operator shall make every effort to inform the User about the blocking of services in such a case.
If the User does not agree with the decision of the Operator, he can file a complaint according to §17
below. The User shall not have any claims against the Operator or other persons arising from the Operator
blocking his access to the Game.
The User is liable for all information and content sent or communicated to other Users by the Chat
functionalities, including any content that is illegal or infringes the intellectual property rights of any
person, or content that promises or calls for promises of material consideration for winning or losing in the
Game. In such cases, the Operator may remove such content from the Chat, which the User acknowledges. In
particular, the Operator may remove content which has been reported to the Operator by other Users or public
authorities as unlawful or infringing third party rights.
The User may also request that the Operator delete the User Account. In such a case, the User may submit his
request to the Operator using the email address: firstname.lastname@example.org.
The User's account shall be deleted by the Operator within 7 days of receipt of such request, provided that the
Operator is able to identify the User Account to which the request pertains. Such possibility is ensured by User
employing the Login System for the purpose of identifying their Account. The Operator does not guarantee that a
User's Account will be identified if no additional identifying data had been given to the Operator. The
User's statement is irrevocable and therefore he is not entitled to any claims against the Operator.
Notwithstanding from the User's entitlement indicated in paragraph 5 above, the User can also delete his/her
Account by himself/herself. The deletion of the User's Account is possible by using the button "Delete
the Account" available in the User's main profile and in the Account section of the Game. When the User
presses this button, the Game displays a warning about the deletion of the account and asks the User to confirm
their decision or to cancel the decision by pressing the second selection button under the message. Confirmation
of the message by the User removes the Account from the Game and redirects the User to the welcome screen of the
§9 LIABILITY OF THE OPERATOR
The Games are computer software and their operation is influenced by a number of factors, including other
programs, driver software for components, internet browsers, other devices, computer networks or telecom
The Operator monitors the operation of the Game on an ongoing basis to ensure its proper operation. However, the
Operator cannot guarantee that all Game functionalities will be available at all times and that they will
The User acknowledges that there may occur certain events that may affect the operation of the Game, which are
independent of the Operator and regarding which the Operator does not have full capacity to investigate and
prevent the malfunction of the Game.
Further to sections 1-3 above, the Terms of Service do not constitute any guarantee on part of the Operator
pertaining to the proper operation of the Game. The User shall make a sole and independent decision to use the
Game, having taken into account that each and every Game has been designed in ways that should ensure the
optimal functioning of these Games on the User's Mobile Device using the configuration chosen by the User.
The Operator shall in particular not be liable for:
Damages incurred and profits lost as a result of violation by the User of third party rights or
provisions of the Terms of Service;
Damages incurred and profits lost as a result of the access to all or particular functionalities of a
Game being disrupted;
Operation of services and applications provided by third parties.
The Operator shall not be liable for technical problems and limitations related to the functioning of systems
used by a User on their Mobile Device, affecting the use of the Games, as well as for reasons not attributable
to the Operator. The Operator shall also not be liable to the User for any damages (both direct and indirect),
loss of data, profits and/or revenues lost, failures of undertakings of any kind, resulting from any
reasons except when caused by Operator or its employees intentionally or with gross negligence. The Operator
shall also not be liable for any failures to observe its obligations under the Terms of Service if such are
caused by circumstances for not attributable to the Operator.
The Operator reserves the right to suspend or terminate the provision of the Game Services at any time for any
reason, in particular due to maintenance or technical activities related to the development of the Game. In such
a case, the Operator shall inform the Users about it in advance.
§10 PERSONAL DATA PROTECTION
Upon installing the Game on a Mobile Device, the User is obliged to accept the Terms of Service and the Privacy
The User acknowledges that all copyrights (including economic rights and neighbouring rights), rights in
trademarks, rights to logos, as well as other intellectual property rights pertaining to the Games and the
content(s) published therein are the property of the Operator or the Operator is entitled to use them under
By using the Game the User shall not acquire any copyright subject to the granting of the license as described
The User uses the Game under a license, which does not however cover the software source codes. The License
authorizes the User to use the downloaded Game for personal purposes only to the extent that such use complies
with the Terms of Service. The User is not entitled to use the downloaded Game for other purposes, in particular
for commercial purposes. The license granted to the User is non-exclusive, non-transferable, personal and may
be revoked at any time by the Operator.
The above-mentioned licence is granted to the User for:
indefinite period of time - until the User's resignation from using the Game and uninstalling it from
the User's mobile device or its revocation by the Operator.
definite period of time - To the extent that the User uses the Virtual goods and other paid
functionalities of the Game - with the expiry of the time for which access to these functionalities has
been purchased or until the Virtual goods were used by the User, with the possibility of further
extending the license for a further period of time after re-purchasing the subscription or the Virtual
The User can use the Game on any mobile device under separate license.
Except for the license described in point 3 above, the User does not own any other intellectual property rights
pertaining to the Games and is not entitled to any other financial benefit from the Games.
Copying, distributing, making available, reproducing or creating derivative works and game development, or
elements thereof, is prohibited.
The provision by the User of means of access to the Games, as well as to individual elements of the Games, as
well as making the Virtual goods available and allowing access to them to third parties is prohibited.
The above-mentioned End User Licence Agreement is concluded only between the Operator and the User and only the
Operator is solely responsible for the Game and the content thereof.
The Operator is solely responsible for:
providing any maintenance and support services relating to the Game, as specified in this paragraph and
applicable law. The Operator and The User acknowledge that any third party, such as operator of
Distribution platform, has no obligation to provide such services relating to the Game.
any product warranties, whether express or implied by provisions of law, to the extent that they have
not been effectively excluded by applicable law.
addressing any User's or third party claims in relation to the Game or its possession and/or use
by the User.
The responsibility mentioned in point 10 letter c above includes, but is not limited to:
product liability claims,
claims arising from the obligation to comply with any applicable legal or regulatory requirements,
claims arising under consumer protection, privacy protection or any other similar regulation.
In case of investigation, defence, settlement and discharge of any claims concerning the infringement of third
party intellectual property rights, the Operator is solely responsible for such actions.
The Operator reserves that the Game is a software provided "as is" and "as available",
with all faults and without warranty of any kind, in particular the Operator does not guarantee that the Game
will be free from bugs and errors. The Operator is not responsible for the User's inability to use the Game, as
well as for the circumstances described in detail in §9 above. No oral of written information or advice
given by the Operator shall create a warranty. This exclusion of liability is without prejudice to the
provisions on liability to consumers.
In the event of any failure of the Game (if there is a fee for downloading it), a paid Virtual Good or a paid
subscription, the User may notify the Distribution platform and request a refund of the purchase price of the
Game, Virtual Goods or subscription. The remaining warranty is limited to the minimum extent permitted by
applicable law.By acceptance of this Terms of Service, the User confirms that:
By acceptance of this Terms of Service, the User confirms that:
is not located in a country that is the subject to embargo and/or has been marked as a "terrorist
is not listed on any list of prohibited or restricted party, led by U.S. Government.
In any case concerning this paragraph 11 and EULA, the User can contact the Operator:
in writing by letter on the address: GameDesire Group S.A.., ul. Promienistych 1, 31-481 Kraków,
If the User makes any materials or content available in the Chat, the User declares that they have full rights
to them and grants the Operator a non-exclusive, gratuitous (free- of-charge), perpetual license to copy, make
changes and/or amendments, distribute, publicly present and create and use derivative works from these materials
solely for the purpose of processing and displaying them in the in-Game Chat, according to the provisions of the
Terms of Service. Furthermore, the User agrees to such materials or content(s) being adapted or amended within
the scope of them being used within the Chat functionalities and agrees not to exercise his/her personal (moral)
rights to such materials or content(s), in particular with regard to the User's rights to claim authorship
A User may not copy and distribute materials nor content published by any other User without such User's
consent. In case an infringement of a User's rights herein is discovered, the Operator should be notified
by email at the address: email@example.com.
§12 INFORMATION ON CONSUMER RIGHTS
The User who has his habitual place of residence in Poland and is a consumer, enjoys the rights under the Act of
30 May 2014 on Consumer Rights, including a right to withdraw from the agreement.
In respect of distance agreements negotiated away from business premises, a consumer has the right to withdraw
from such an agreement within 14 days from the conclusion of the agreement, without giving any reason, exercised
by lodging with the Operator a statement of withdrawal, which must be sent to the address of the Operator: ul.
Promienistych 1, 31-481 Kraków or by e-mail to the address: firstname.lastname@example.org
prior to the expiry of the 14 days' period The User may but is not obliged to use the form template (which
constitutes Appendix to the Terms of Service).
The above-mentioned right may be precluded (pursuant to Article 38 of the Act on Consumer Rights) i.a. as
the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the
consumer's prior express consent and the entrepreneur had informed them that they would lose their right
The Operator warrants and represents that:
Virtual goods accessible in the Game, that the User may acquire from the Operator while using the Game,
are made available to the User immediately after the acquisition and constitute digital content.
The User's right of withdrawal is precluded if the User had begun using the Virtual goods
accessible in the Game, which constitute digital content, prior to the expiry of the withdrawal period,
and if the User had consented to the Operator making such digital content available to the User prior to
the expiry of the withdrawal period.
§13 PROVISIONS APPLICABLE TO US RESIDENTS
The Operator shall not be liable for damages caused accidentally or resulting from the improper operation of the
Game, its possession and use. The exclusion of liability also includes damage to property, Mobile Device failure
and its malfunction, as well as - to the extent permitted by law - personal injury, even if the Operator has
been warned of the possibility of such damage.
The liability of the Operator does not exceed (is capped at) the value of the rights to use the Virtual goods
(if any) or any other features or subscriptions in the Game purchased by the User.
As some States do not allow limitations on the duration of the implied warranty or the exclusion or limitation
of liability, hence the limitations in s. 1 or s. 2 may not apply to Users residing in such States. Users'
rights may vary according to their place of residence.
The games were created exclusively with private funds. Use, copying, in whole or in part by the United States
government or any subcontractor engaged by it is restricted in accordance with clause (b)(1)(ii) of the
Technical Data and Software Rights Clause in DFARS 252.227-7013 or paragraph (b)(1) and (2) of the FAR 52.227-19
Commercial Computer Software Limited Rights Clause, as applicable.
The software supplier is GameDesire Group Spółka Akcyjna (a joint stock incorporated under the laws of
Poland) with its registered office in Kraków at ul. Promienistych 1, 31-481 Kraków, Poland.
§14 LINKS TO OTHER WEBSITES
The Games may contain links to other websites or services provided by other parties.
The Operator shall not be liable to the User for damages caused or profits lost as a result of use of a link or
services provided by other entities.
The User is liable for all fees incurred by that User in connection with the use of services provided by
electronic means by third parties, as well as for the provision of the User's data, including personal
data, to third parties. In case of providing personal data, the User acknowledges that this data will be
processed in accordance with the privacy policies of the parties providing the services used by the User, and
§15 CONTACT WITH THE OPERATOR
The Operator can be contacted in the following way:
in writing to the address of the Operator indicated in § 2.
A complaint shall include: the content of the complaint, an address to which any information shall be returned,
a detailed description and reasoning behind the complaint.
The time for processing the complaint and providing return information is 14 days from the day the complaint is
filed. If information or statements provided in the complaint need to be supplemented, the Operator will request
the User to supplement the complaint prior to considering it. The period of processing the complaint shall be
prolonged by the time that the User has utilized to provide additional information or statements.
Responses to complaints will be sent by e-mail or post, according to the contact information provided by the
person filing the complaint in the complaint form.
§17 JURISDICTION AND APPLICABLE LAW
The rights and obligations of the Operator and the Users accessing the Games in the territory of the Republic of
Poland shall be governed by Polish law.
The User is liable for assuring that their actions in connection with their use of the Game are compliant with
the law applicable at his/her place of residence.
Shall any disputes related to the use of the Games provided by the Operator arise, competent to hear them shall
be the competent court having jurisdiction in accordance with Polish law.
§18 FINAL PROVISIONS
The Operator reserves the right to assign all or part of the rights and/or obligations under the Terms of
Service to any third party or to enter into an agreement subcontracting the performance of such rights and/or
obligations. The User may not, without the written consent of the Operator, transfer or waive the rights and
obligations arising from the Terms of Service.
These Terms of Service shall constitute the entirety of the agreement made by and between the Operator and the
User for the provision of electronic services and shall supersede any other arrangements and agreements between
Shall any provision of the Terms of Service be considered invalid or unenforceable under the provisions of the
applicable law or as a result of a ruling of a competent court, such provision shall be interpreted in
accordance with the applicable law in a manner that reflects as closely as possible the Parties' original
intentions. The Terms of Service shall then remain effective and enforceable with respect to other provisions.
If an invalid or unenforceable provision may not be interpreted in a manner consistent and legal under the
applicable law, such provision will be deemed to have been removed from the Terms of Service without prejudice
to other provisions hereof.
To the extent not regulated in the Terms of Service, the provisions of the applicable law shall apply.
Any changes or amendments to the Terms of Service shall come into force for all Users and for all Services made
available in the Games:
Within 14 days of the date of publishing of the new version of the Terms of Service, in case the changes
concern provisions of a material nature that may have an adverse effect on the situation of the User. If
the User does not accept the new version of the Terms of Service, he/she should inform the Operator
about before the date it comes into force and stop using the Game.
Upon publication of the new version of the Terms of Service in respect of provisions that are not of
material nature or have no negative impact on the Users' situation.