Judo Mobile Terms of Service

1. Definitions

Application – a mobile application operating on the Android or iOS system and in a web browser named Judo Mobile, provided and managed by the Administrator.

Terms of Service – these Terms of Service of the Application, referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (consolidated text: Journal of Laws of 2019, item 123, 730).

Administrator – Daniel Górka conducting business under the name "DevFlow Daniel Górka" with the main office at: street Batalionu Zośka 3/706, 45-282 Opole, Poland, registered in the Central Registration and Information on Business, NIP: 7543365637, REGON: 527313030, email: contact@judomobile.app.

User – a natural or legal person who uses the Application. The User can browse its content and use its functionalities in accordance with these Terms of Service.

Registration Form – a form available in the Application that allows the creation of an Account.

Account – a set of resources in the Administrator's IT system, marked with an individual name (login) and password assigned to the User, where the User's data is collected, including in particular information about judo clubs and their members, the creation of which requires the User to complete the Registration Form.

Tournament – a judo tournament available in the Application.

Privacy Policy – a document available in the Application that outlines the principles related to the processing of personal data by the Administrator within the Application, fulfilling the information obligation referred to in data protection regulations.

Civil Code – the Polish Act of April 23, 1964 - Civil Code (consolidated text: Journal of Laws of 2019, item 1145, 1495).

DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).

2. General Provisions

1. These Terms of Service apply to the services provided by the Administrator through the Application.

2. The owner of the Application is the Administrator.

3. The services provided electronically by the Administrator in the Application include enabling the User to:

• Create and maintain an Account in the Application,
• Access data and results of Tournaments,
• Access player data,
• Register players for Tournaments by individuals authorized to act on behalf of the club,
• Use other services available in the Application.

4. The services within the Application are provided both within and outside the territory of the Republic of Poland.

5. The provisions of these Terms of Service are not intended to exclude or limit any rights of the User, which are granted to them under generally applicable laws, including in particular the provisions of the Civil Code and the Act of May 30, 2014, on consumer rights. In the event of any inconsistency between the provisions of these Terms of Service and the laws referred to in this point, the laws shall prevail.

6. In connection with the provisions of the Digital Services Act (DSA), the Administrator has designated a contact point for direct communication with the authorities of member states, the Commission, the Digital Services Board, as well as with Users in the form of the email address: contact@judomobile.app.

3. Rules for Using the Application and Content Moderation Guidelines

1. The User is obligated to use the Application in compliance with applicable laws, social norms, and good practices, with due regard for the personal rights and intellectual property rights of third parties.

2. Use of the Application is entirely voluntary. The Application can be accessed in both mobile and web versions.

3. The Administrator is not liable for User Content posted in the Application in cases where the Administrator:

• has no actual knowledge of illegal activities or illegal User Content, and with respect to compensation claims, is unaware of facts or circumstances that clearly indicate illegal activities or illegal User Content, or
• takes immediate appropriate actions to remove or disable access to illegal User Content upon obtaining such knowledge or notification.

4. It is prohibited to transmit personal data of third parties via the Application without their consent. In the case of individuals lacking full legal capacity, consent should be given by their legal representatives or guardians.

5. The User must not engage in activities that could affect the proper functioning of the Application, including but not limited to:

• interfering with the content and graphical elements of the Application,
• introducing harmful data into the Application as an IT system, particularly in the form of malware, such as viruses, spyware, etc.,
• using the Application for purposes other than its intended use,
• entering false data into the Application,
• posting User Content that constitutes illegal content under the Digital Services Act (DSA), generally applicable laws, or is otherwise inconsistent with the Terms of Service or good practices, which means, in particular, the User must not post User Content that:
  • is unrelated to the topic of a specific thematic module or interest group—statements should be substantive and related to the content appearing within the Application,
  • contains links or other spam-like content,
  • serves to conduct competitive activities against the Administrator, such as promoting competing websites or Applications,
  • serves to conduct unauthorized advertising, promotional, or marketing activities, particularly by posting advertisements, selling, and promoting products, services, projects, or fundraisers,
  • constitutes any work within the meaning of the Act of February 4, 1994, on Copyright and Related Rights in a manner that infringes the intellectual property rights of a third party entitled to such rights,
  • defames or infringes the personal rights of any third party,
  • offends the religious feelings of third parties,
  • may cause discomfort to other Users, particularly through a lack of empathy or respect for other Users,
  • is otherwise unlawful or inconsistent with the law.

6. When completing the Registration Form, the User is required to familiarize themselves with the content of the Terms of Service and Privacy Policy and to accept their content.

7. While using the Application, the User is obligated to provide true and accurate data and information necessary to create an Account.

8. Both the User and any other person with access to the Application are obligated to refrain from copying, modifying, distributing, reprinting, transmitting, or using in any other way (including for marketing, commercial, or profit-making purposes) the materials posted in the Application without the written consent of the Administrator or another third party entitled to intellectual property rights to the materials, except for using these materials within the scope of permitted use as defined in the Act of February 4, 1994, on Copyright and Related Rights.

9. Violation of the preceding point may constitute a breach of the law and thus serve as a basis for initiating civil or criminal proceedings against individuals or entities engaging in such practices.

10. The User is fully liable to the Administrator and third parties for damages related to:

• the User's violation of laws, particularly the rights of third parties and the provisions of these Terms of Service,
• improper or unauthorized use of the Application, as well as related technical problems, data loss, or other damages to the Application's operation, particularly for engaging in activities mentioned in point 3 of this section,
• posting any works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights in a manner that infringes the intellectual property rights of a third party entitled to such rights.

11. The User's liability mentioned in the preceding point includes both compensating the Administrator and third parties for damages and covering additional costs incurred due to the damage, particularly court costs, legal representation costs, enforcement proceedings costs, and other justified costs incurred by the Administrator in connection with the damage and third-party claims.

12. If the Administrator becomes aware that the User has violated generally applicable laws, including the Digital Services Act (DSA) and these Terms of Service, the Administrator may decide to impose the following service restrictions:

• blocking access to such content in the Application,
• permanently removing the content from the Application,
• blocking access to the Account,
• permanently deleting the Account.

13. The decision mentioned in point 13 above is contingent upon the severity of the matter and the degree of violation of generally applicable laws or these Terms of Service, guided by principles of proportionality and adequacy.

14. The specified restriction will only be imposed after providing the User who committed the violation with a justification for the decision. The User has the right to appeal the Administrator's decision according to the principles outlined in the justification.

15. The Administrator reserves the right to verify User Content posted in the Application at its discretion and at chosen times. Verification activities are carried out by the Administrator with due diligence and in good faith. Verification is conducted to detect, identify, and potentially remove, restrict, or disable access to illegal content. The provisions of points 13-15 of this section apply accordingly to decisions related to restricting illegal or inappropriate User Content identified during the Administrator's verification activities. The verification activities described in this point do not create User liability for User Content, as mentioned in point 3 above.

16. If a User, in good faith, believes that certain Content of another User violates points 5 and 6 of this section, the User may notify the Administrator via email at contact@judomobile.app.

17. The Administrator confirms receipt of the notification and verifies the notifications and subsequent actions in accordance with the provisions of these Terms of Service (internal complaint and notification verification policy).

18. The Administrator reserves the right to inform the appropriate law enforcement or other relevant public authorities if there is any information suggesting that a crime threatening the life or safety of individuals has been, is being, or may be committed by the User.

19. The Administrator allows the reporting person to appeal the decision made by the Administrator regarding the reported Content. The appeal must be submitted to the Administrator promptly, but no later than 14 days from the date of receiving the response to the notification of the violation concerning the User Content. If the appeal is denied, the reporting person may take the matter to court if there are factual and legal grounds for doing so, in accordance with the final provisions of the Terms of Service.

4. Account Creation

1. Creating an Account in the Application is possible after completing the Registration Form available in the Application and clicking the dedicated button. Subsequently, the User will receive an activation link at the email address provided in the Registration Form, which must be clicked to successfully complete the registration.

2. The User sets a password using the Application during the completion of the Registration Form, which can be changed by the User at any time.

3. After creating the Account in the manner described in the preceding two points, the User immediately gains access to the Account via an individual login and password. The Account in the Application is created for an indefinite period.

4. The Account can be deleted at any time by selecting this option in the account settings by the User or by sending a request to delete the Account to the Administrator's email address: contact@judomobile.app.

5. Personal Data Protection

1. The application administrator is the controller of the Users' personal data.

2. The administrator processes personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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), the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2019, item 1781), and other applicable personal data protection regulations.

3. All detailed rules regarding the processing of personal data, including in particular the purposes and legal bases for processing and the rights of Users as data subjects, are included in the Privacy Policy.

6. Final Provisions

1. The Administrator reserves the right to impose restrictions on the use of the Application due to technical service, maintenance work, or efforts to improve its functionality. At the same time, the Administrator undertakes to make every effort to ensure that such restrictions and interruptions occur during nighttime hours and last as briefly as possible.

2. The Administrator reserves the right to amend these Terms of Service. Changes take effect at the time explicitly indicated by the Administrator, not earlier than 7 days from the date of their announcement. A User who does not agree to the changes introduced in these Terms of Service should cease using the Application and delete their Account. Changes to the Terms of Service may be necessitated by:

   • changes in the conditions of the services provided,
   • the need to adapt the Terms of Service to legal changes,
   • the need to adapt the Terms of Service to decisions, judgments, or other rulings of a competent court or state authority,
   • the need to fulfill a legal obligation incumbent on the Administrator,
   • editorial changes.

3. In matters not regulated by these Terms of Service, the relevant provisions of generally applicable law shall apply, including in particular the provisions of the Civil Code, the Consumer Rights Act, the Copyright and Related Rights Act, and personal data protection regulations.

4. The Terms of Service are effective from May 2, 2024.