Terms of Service

1. GENERAL PROVISIONS

1.1. These terms of service (hereinafter: the Terms) set out the rules for using the mobile application “Łowca Krasnali” (hereinafter: the App) — an urban field game consisting in finding Wrocław gnome statues and visiting designated places as part of side missions.

1.2. The service provider and operator of the App is Karol Kotowicz, conducting business under the name Devops Enginnering Karol Kotowicz, Tax Identification Number (NIP): 8971793705 (hereinafter: the Provider).

1.3. The Terms constitute terms of electronic service provision within the meaning of Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means. A contract for the provision of services is concluded when you start using the App, for the duration of such use.

1.4. Use of the App is free of charge. Completing the full gnome collection does not require any fees, in-app purchases or subscriptions. The Provider reserves the right to change the App’s operating model in the future (including the introduction of advertising) solely by amending the Terms in accordance with clause 4.6. Data transmission costs are borne by the user according to their carrier’s tariff.

1.5. Technical requirements: a mobile device with iOS or Android in a version supported by the App, a GPS module and internet access. Basic gameplay is possible offline based on data stored on the device; account, ranking and synchronisation features require an internet connection.

1.6. Users must not provide unlawful content or use the App in a manner contrary to the law, good morals or the Terms.

2. RULES OF THE GAME

2.1. The game consists in physically finding a gnome statue and checking it in in the App. Check-in is possible only in the immediate vicinity of the statue and is subject to technical location verification. The verification result may depend on GPS signal quality.

2.2. Safety. The game takes place in public space. The user must remain cautious, observe their surroundings, comply with road traffic rules and not use the App in a way that endangers their own or others’ safety, in particular while driving a vehicle, riding a bicycle or crossing a roadway. Entering private, closed or dangerous areas in order to check in a statue is prohibited. The user uses the App at their own risk; the Provider is not liable for damage resulting from use of the App contrary to this clause.

2.3. Fair play. Spoofing the device’s location, interfering with the App or with communication with the server, using unauthorised software and any other actions aimed at circumventing check-in verification are prohibited. A breach may result in removal of unfairly obtained check-ins, exclusion from the ranking and, in the case of serious or repeated breaches, deletion of the account.

2.4. Gnome statues are physical objects in urban space belonging to third parties. The Provider does not guarantee the availability of every statue listed in the catalogue — statues may be temporarily or permanently removed, relocated or inaccessible. The App catalogue is updated on an ongoing basis and the number of statues may change.

2.5. Side missions consist in reaching designated places in Wrocław and are subject to rules analogous to checking in statues.

3. ACCOUNT AND RANKING

3.1. The App works without creating an account — the collection is stored locally on the user’s device. To ensure fair play, check-ins may be verified on the server using an anonymous technical identifier, in accordance with the Privacy Policy.

3.2. Creating an account (Apple, Google or email-code login) is optional and enables: securing the collection in the cloud, restoring it on another device and taking part in the ranking.

3.3. An account may be created by a person who is at least 16 years old. A younger person may create an account only with the consent of a legal guardian.

3.4. The nickname is unique and publicly visible in the ranking. Vulgar, offensive, hate-inciting nicknames, nicknames that infringe third-party rights or that are misleading are prohibited. The Provider may require the user to change such a nickname or may change or hide it on its own.

3.5. The ranking is pseudonymous and includes: nickname, avatar and score. Only check-ins verified on site after signing in count towards the ranking. The user’s album shows their entire collection, including check-ins made before creating an account, which count towards the ranking only after re-confirmation at the statue.

3.6. The user may delete the account at any time directly in the App (Profile section). Deleting the account permanently deletes account data, the collection stored in the cloud and the user’s photos, in accordance with the Privacy Policy.

3.7. Complaints regarding the operation of the App may be submitted to kontakt@lowcakrasnali.pl. The Provider responds within 14 days of receiving the complaint.

3.8. The user may terminate the contract at any time by ceasing to use the App and uninstalling it and, as regards the account, by deleting it. The Provider may terminate the contract for important reasons (in particular a breach of clauses 2.2–2.3 or 3.4) after prior notice to cease the breach, unless the nature of the breach justifies immediate termination.

4. CONTENT AND RIGHTS

4.1. The App, its graphic design, marks, original texts and the structure and contents of the database are legally protected and belong to the Provider or its licensors. Copying, modifying and distributing elements of the App beyond permitted use is prohibited.

4.2. Descriptions and materials concerning gnomes and attractions come in part from partners’ resources and are used with their consent. Gnome statues are works of their creators and remain the property of the relevant entities; the App serves as a guide and claims no rights to them.

4.3. Map data come from external providers (Mapbox, OpenStreetMap and others indicated in the App). Detailed attributions are available in the App in the “Map data” section.

4.4. Photos taken by the user in the App remain the user’s property. The user grants the Provider a free, technical licence to store and display them to the user within the App. User photos are private and are not visible to other users. The user is responsible for the content of their photos; storing unlawful content is prohibited.

4.5. The Provider endeavours to keep the App working correctly and continuously, but does not guarantee uninterrupted availability (maintenance, outages, factors beyond control). Limitations of liability under the Terms do not exclude or limit consumer rights arising from mandatory provisions of law.

4.6. The Provider may amend the Terms for important reasons: changes in the law, changes to App features, security reasons or a change to the App’s operating model. Users will be informed of the change in the App at least 14 days in advance. A user who does not accept the changes may terminate the contract in accordance with clause 3.8 before they take effect.

4.7. The governing law is Polish law, provided that this choice does not deprive the consumer of protection under provisions that cannot be waived by contract. Disputes shall be resolved by the common courts with jurisdiction under the general rules. Consumers may use out-of-court complaint and redress mechanisms, including the assistance of municipal or district consumer ombudsmen and the Trade Inspection.

4.8. Matters not regulated by the Terms are governed by Polish law, in particular the Civil Code, the Act on the provision of services by electronic means and the Act on consumer rights. Personal data processing is governed by a separate Privacy Policy available in the App and at https://lowcakrasnali.pl/en/privacy-policy/.

5. LANGUAGE VERSION

This English text is a translation of the Polish Terms of Service. In the event of any discrepancy between language versions, the Polish version available at https://lowcakrasnali.pl/regulamin/ shall prevail.