TERMS OF USE OF PROMOTONS (GAZETKOWO) MOBILE APPLICATION

This document governs the rules of using the services of Promotons and Gazetkowo mobile application (further as: ‘Promotons’ or ‘App’) operated by RTB Marketing & Tech Services Ltd. based in Kyriakou Matsi 18, 2nd Floor, Egkomi, Nicosia 2408, Cyprus (further as: ‘RTB House’) and constitutes the terms and conditions required by the Act of 18th July 2002 on Rendering Electronic Services.

1. ABOUT THIS AGREEMENT

   1. By using Promotons you agree to these terms of use, which constitute a legally binding agreement between you and RTB House (further as: ‘Terms’ or ‘Agreement’). If you don’t accept this Agreement, you should cease using Promotons.
   2. This Agreement is concluded solely between you and RTB House, not with any other entity, in particular not with the operators of mobile application marketplaces like Apple, Huawei, Samsung or Google.
   3. Privacy related issues are regulated in our Privacy Policy. Please review it for more information on how we collect and use personal data relating to your use of Promotons.

2. AGE RESTRICTIONS

   1. You can use Promotons if you are over 18.
   2. If you are between 16 and 18 you should obtain your parent’s or guardian’s permission to conclude this Agreement on your behalf.
   3. You are not allowed to download or access Promotons if you are under 16.

3. DESCRIPTION OF SERVICES

   1. By means of the App we may provide you the following services:
      1. browsing and accessing the content provided within the App, including in particular the flyers, offers and other advertising materials of the selected third party retailers (further as: ‘Retailers’);
      2. sending notifications regarding the selected offers, if you chose to enable notifications mode;
      3. adjusting the content of the App based on information on your location data if you chose a preferred location or enable automatic detection.
   2. You may also rate the App or recommend it to a friend, reach us directly by email or continue to our fan page on Facebook.
   3. Due to constant development of our App we may introduce updates and changes to it. As a consequence, automatic and/or obligatory updates may occur. These updates may for example include the modification of App features, bug fixes and interface 1 adjustments. Please mind that as part of the updates, we may need to introduce limits on, or remove/restrict access to, certain App features (without notice or liability).

4. MINIMUM TECHNICAL REQUIREMENTS

   1. Promotons will have minimum technical requirements depending on your chosen device/system you are using. Please make sure you meet these requirements before using Promotons. To use Promotons you will need:
      1. Internet access (which is your responsibility to obtain and maintain);
      2. Up-to-date mobile operating systems, namely:
         1. Android (min. 5.0 version); or
         2. iOS (min. 10.3 version).

5. RETAILERS’ CONTENT AND WEBSITES. ADVERTISEMENTS

   1. Within the App we publish:
      1. Retailers’ content, including the flyers, offers and other advertising materials of the Retailers;
      2. links to Retailers’ websites – however, we are not responsible nor provide any warranties for the accuracy of the content thereof, in particular for the availability or quality of given products in the stores, completeness of the information and lack of any additional terms concerning given offers or deals, nor are we responsible for fulfilling the offers or your transactions with a given retailer. Any questions regarding the products should be directed to a given Retailer’s customer service. Retailers’ websites may be subject to their own legal terms and privacy policies, and it is your sole responsibility to comply with those policies.
   2. Advertisements. Within the App (apart from the Retailer’s content and websites) you may also find various types of advertising materials, e.g. banners and pop-ups, enabling you to visit websites of the third-party advertisers. The content of displayed advertisements is provided by third parties and is not controlled by RTB House. You acknowledge that your interaction with these advertisements is taken up on your sole responsibility and RTB House is not responsible nor provide any warranties for the accuracy of the content thereof.

6. INTELLECTUAL PROPERTY

   1. RTB House grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive licence to view, display, download, install and use the App on your devices. This licence does not give you any ownership rights in the App.
   2. You may not copy (except as permitted by this license and the usage rules of a given app marketplace), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law 2 or to the extent as may be permitted by the licensing terms governing use of any opensourced components included with the App).
   3. Intellectual Property Rights to Promotons (in particular its graphics, source code, user interface, text, databases and all other content available through the App) and other legal and exploitation rights regarding them belong to RTB House. Intellectual Property Rights to the Retailers’ content (including the flyers, offers and other advertising materials) and Retailers’ trademarks are owned by the Retailers. If you believe that your work has been infringed in or via Promotons, please reach us through via e-mail at the address indicated in ‘Contact Us’ section (point 9).
   4. ‘Intellectual Property Rights’ means any and all copyright, trademarks, rights in computer software, moral rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in databases, and other intellectual property and exploitation rights of a similar or corresponding character that exist currently or in the future, regardless if registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.

7. YOUR OBLIGATIONS

   1. We expect that you use our App in a fair manner, solely for the purposes it was designed for and in the scope of the rights granted to you in this Agreement. In particular:
      1. You shall not: post or upload any files that contain any malicious code and that may in any way interfere with how Promotons operates; access or attempt to access areas of App or App servers that have not been made available to the public; collect data or information from the App using unauthorized third-party software; deliberately or maliciously interrupt or interfere with RTB House services like customer or technical support;
      2. You shall not generate any content that violates applicable laws or this Agreement;
      3. You shall not use ‘RTB House’, ‘Gazetkowo’, ‘Promotons’, or other RTB House names or logos or trademarks for any purposes, except as authorized by law (e.g. for domestic, non-commercial purposes).
   2. You shall follow any of applicable geographic or regional, language or location-based restrictions, requirements or rules regarding the usage of the App.

8. TERMINATION OF THE AGREEMENT. COMPLAINTS

   1. You can terminate the Agreement at any time, for any reason and without any additional costs by deleting the App from your device.
   2. RTB House can terminate the Agreement at any time, for any material reason, and without prior notice, what may result in appropriate, reasonable steps taken to restrict your access to the App. That means that we may stop providing you with any functionalities, or impose new or additional limits on your ability to use the App. RTB House can terminate the Agreement in particular when you breach your obligations indicated in point 7 above.
   3. Any complaints should be directed to our contact email address (indicated in the ‘Contact Us’ section [point 9]), we undertake to handle them within 30 days and provide you with relevant information to the email address from which the complaint was sent.

9. CONTACT US

   1. The operator of the App and the controller of personal data collected on through the App is:
      RTB Marketing & Tech Services Ltd.,
      Kyriakou Matsi 18, 2nd Floor,
      Egkomi, Nicosia 2408, Cyprus.
      Data privacy related issues: dpo.promotons@rtbhouse.com
      Other issues (e.g. technical support): contact@promotons.com.

10. WARRANTIES. LIABILITY

    1. We warrant that we are going to take reasonable care with Promotons and your use of the App and that we will use reasonable efforts to comply with applicable laws in performing our obligations to you under this Agreement.
    2. To the maximum extent permitted by applicable law:
       1. Except as we have set out elsewhere in this Agreement, RTB House and our affiliates, partners and licensors disclaim any implied or express warranties or representations regarding Promotons. Promotons is provided to you on an ‘as is’, ‘as available’ basis without warranties or representations of any kind, express or implied;
       2. RTB House, its affiliates, partners and licensors shall not be liable for any loss, damage or harm of any kind arising from the use or inability to use or ‘loss’ relating to Promotons. RTB House, their affiliates, partners and licensors shall not be liable for any indirect, consequential, special, punitive, incidental, or exemplary damages or any other types of damages arising out of or connected with the same).

11. APPLICABLE LAW AND DISPUTE RESOLUTION

    1. This Agreement and your use of the App as well as any issues arising out of them, will be governed by and interpreted according to the laws of Poland and any dispute regarding it will be exclusively held under the jurisdiction of the courts of Poland.
    2. Any disputes relating to your use of the App shall be in the first place resolved amicably, by contacting us at the email address indicated in ‘Contact Us’ section (point 9). European Union residents may also be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.

12. MARKETPLACE-SPECIFIC CLAUSES

    1. If you downloaded the App through the Apple App Store, the following clauses shall apply to you:
       1. You acknowledge, that this Agreement is concluded between you and RTB House, and not with Apple Inc. (further as: ‘Apple’). RTB House, not Apple, is solely responsible for Promotons and the content thereof.
       2. Your use of Promotons will be subject to the terms of this Agreement, which grants you a non-transferable, limited license to use Promotons on Applebranded products you own or control, and as permitted by the usage rules set forth in the App Store Terms of Service.
       3. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your Apple device to a third party, you must remove the App from the Apple device before doing so.
       4. You acknowledge that Apple is not responsible for providing any maintenance and support services regarding Promotons.
       5. You acknowledge and agree that RTB House, and not Apple, are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
       6. In case you are entitled to a warranty under laws applicable in your jurisdiction, then in the event of any failure of Promotons to conform to such warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid by you to Apple for Promotons. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Promotons, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of RTB House. Mind however, that to the extent permitted by law RTB House has disclaimed or limited warranties in accordance with provisions of point 10 above.
       7. You acknowledge that RTB House, not Apple, is responsible for addressing your or any third party claims relating to Promotons or your possession and/or use of Promotons, including, but not limited to: (i) product liability claims; (ii) any claim that the Promotons fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
       8. You acknowledge that, in the event of any third party claim that Promotons or your possession and use of Promotons infringes that third that third party’s intellectual property rights, RTB House, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property claims.
       9. You acknowledge, that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
       10. You acknowledge and agree that Apple and Apple subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
    2. If you downloaded the App through Google Play Store, the following clauses shall apply to you:
       1. You acknowledge, that this Agreement is concluded between you RTB House, and not with Google LLC, Google Ireland Limited, Google Commerce Limited or Google Asia Pacific Pte. Limited (further as: ‘Google’). RTB House, not Google, is solely responsible for Promotons and the content thereof.
       2. Your use of Promotons will be subject to the terms of this Agreement, which grants you a limited, non-exclusive, non-transferable, worldwide and perpetual license to perform, display, and use Promotons on Android devices. In addition, your use of Promotons will also be subject to usage rules set forth by Google in the Google Play Terms of Service.
    3. If you downloaded the App through Huawei App Gallery Store, the following clause shall apply to you: You acknowledge, that this Agreement is concluded between you and RTB House, and not with Huawei Software Technologies Co., Ltd. and Huawei Software Technologies Co., Ltd. (further as: ‘Huawei’). RTB House, not Huawei, is solely responsible and liable for Promotons and the content thereof.

13. MISCELLANEOUS

    1. The provisions of this Agreement are without prejudice to the absolutely binding statutory rights you are entitled to due to the local law, e.g. the applicable consumer law in your country.
    2. You and RTB House agree that the UN Convention on Contracts for the International Sale of Goods does not apply to RTB House and this Agreement.
    3. RTB House may assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary, as part of any reorganization or merger or for other business reasons. RTB House shall notify you in case when such assignment occurs.
    4. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy.
    5. This Agreement constitute the entire agreement between you and us. If any provision of this Agreement is deemed or becomes invalid, the remaining provisions will remain in full force and effect.

14. CHANGES TO THE AGREEMENT

    1. We may change this Agreement whenever it is necessary due to material reasons. By material reasons we understand e.g. modification of App functionalities, changes in law, modification of our business model or scope of services. In case of material changes, we will make the modified Agreement available online and make reasonable efforts to tell you about it (by e.g. sending you a notice through the App).
    2. Once we change the Agreement, it will become legally binding on you 14 days after we post it online. In case of any questions regarding the changes please contact us at the email address indicated in ‘Contact Us’ section (point 9). If you do not agree to those changes, then you are no longer allowed to use Promotons.

Last updated: July 09th 2020.