Aribo Terms & Conditions

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Правила та умови українською мовою доступні тут

Regulamin w języku polskim jest dostępny tutaj.

§1  General conditions

1. The Owner and Operator of the Website and Applications is Aribo sp. z o.o. with its registered office in Rzeszów, Juliusza Słowackiego 24 Street, 35-060 Rzeszów, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Rzeszów, 12th Commercial Division of the National Court Register, under KRS number 0000809526, NIP number: 8133825123, with a share capital of PLN 5,000.00.
2. These Terms and Conditions apply to the Website and the Application, including the content and Services offered by the Operator.
3. These Terms and Conditions specify the types of Services and the scopes and conditions of their provision, as well as the principles of concluding Agreements with the Operator.
4. The Operator reserves the right to block the use of the content and Services by Users who violate or do not accept the provisions of the Terms and Conditions, or who violate in any way the interests of the Operator or other Users. Assessment of the occurrence of the above unwanted behaviours shall remain at the discretion of the Operator.
5. If you do not agree to these Regulations, you cannot use the Services provided by the Operator.

§2 Definitions

1. The definitions contained in these Regulations shall be understood to mean:

1) Application – (mobile application) software, owned by the Operator, operating on Users’ mobile devices, such as mobile phones, smartphones, laptops or tablets;
2) Aribo – means the Operator of the Website and Application located at www.aribo.app, i.e. a company with its registered office in Rzeszów, Juliusza Słowackiego 24 Street, 35-060 Rzeszów, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Department of the National Court Register, under the number KRS 0000809526, NIP: 8133825123, with the share capital of PLN 5,000.00, hereinafter also referred to as the Operator;
3) Price List – a list presenting in a comparative manner the amount of fees and their subject matter scope; the Price List is made available on the Website and on the Application;
4) Child – any physical person without legal capacity (under 13 years old);
5) Player – User participating in the Campaign;
6) Campaign – contests, competitions, promotional lotteries, surveys, games and similar promotional actions organised by the Campaign Organizer via the Website and the Application, which may be performed as a set of related or separate tasks (activities);
7) Account – this is the User’s individual profile created on the Website and the Application during the first login;
8) Company Account – an account established by the User organising Campaigns;
9) Consumer’s Account – an Account established by a User who is a Consumer;
10) Consumer – a physical person who is a User, performing a legal transaction not directly related to his/her business or professional activity, using the Services provided by the Operator via the Website and the Application;
11) Entrepreneur – a User who is an entrepreneur within the meaning of generally applicable law, and in particular within the meaning of Article 4 of the Act of 6 March 2018. – Entrepreneurs’ Law (i.e. Journal of Laws of 2019, item 1292 as amended) and Article 43[1] of the Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2019, item 1145 as amended).
12) Campaign Organizer – Aribo and/or Aribo’s business partner, User holding a Company Account who organizes the Campaign;
13) Fraud – any action by the User that is contrary to the law, the Regulations, the Campaign rules or the rules of social coexistence, which may change or affect the final result of the Campaign;
14) Terms and Conditions – these Terms of Service and Application;
15) Registration – a one-time activity consisting of setting up an Account on the Website and the Application according to the rules specified in these Terms and Conditions;
16) Websites – websites owned or operated by the Operator;
17) Agreement – an agreement for provision of services by electronic means concluded between the User and the Operator in connection with the use of the Services provided via the Website and the Application;
18) Services – services offered by the Operator within the Service, indicated and defined in § 5 of the Regulations;
19) User – a Consumer and/or Entrepreneur using the Website and Application by using the Services provided through the Website and Application, browsing the content or contacting the Operator;
20) Content – text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communication, interactive features, any kind of copyrighted work and information or other material that is generated, delivered or otherwise made available through the Service, including User Content and Service Content;
21) Service Content – any Content provided by Aribo that is to be available through the Service and the Application;
22) User Content – any Content provided by the User of the Service to be made available via the Website and the Application.

§3 Privacy Policy

Aribo has designed the Services to enable you to interact in shared game worlds mixed with real-world information. To provide the Services, Aribo processes personal data and information about you. Detailed information regarding the collection and processing of Users’ personal data, including the Privacy Policy, is available on the following website www.aribo.app.

§4 Users entitled to use the Website and the Application

1. The Services provided by Aribo through the Site and the Application may be used by both Consumers and Entrepreneurs.
2. In the case of Consumers – Users may be physical persons with full legal capacity, subject to paragraph 3.
3. Individuals between 13 and 18 years of age may use the Site and the Application to the extent that they may acquire rights and incur liabilities in accordance with the provisions of applicable law. Use of the Website and use of the Services requires the consent of the legal guardian. The legal guardian must give his or her consent to conclude an Agreement and use the Services at the latest by the time the Agreement is concluded. Acceptance of the Regulations by the User is tantamount to obtaining the consent referred to in the previous sentence.
4. Children may not use the Services provided by the Operator.
5. The Campaign Organizer reserves the right to change the age category, which is indicated in the Campaign regulations in each case.

§5 Services

1. The provision of Services takes place according to the rules specified in these Terms and Conditions.
2. In order to use the Services provided by the Operator, the User must pass the Account registration procedure, have access to a mobile device and an Internet connection. The list of supported mobile devices and minimum conditions for installation of the Application are defined on our website available at www.aribo.app/suporteddeivices .
3. The website serves as a tool for organizing and participating in Campaigns. The Service enables the User to interact in shared game worlds mixed with information from the real world.
4. The Operator provides the following Services for Users with Consumer status within the Website and the Application:

1) reviewing, sharing and comparing the Content
2) participation in the Campaign
3) collection of loyalty points in the wallet
4) enables the exchange of loyalty points accumulated in the Aribo application for loyalty gifts according to the parameters set by the given Companies, as part of which these points were acquired
5) the possibility of adding Companies having a company account on the Aribo website to the observed (Observed Companies)
6) the possibility of defining categories or other parameters of campaigns in which the Consumer may be interested ( Observed Campaigns)
7) notification of the Observed Campaigns (i.e. meeting the criteria set by the Consumer)
8) notification of new campaigns, news, etc. made available by the Observed Company

5. Services provided to the User having the status of a Consumer are free of charge, subject to paragraph 6.
6. Participation in closed Campaigns is chargeable, with the fee being paid to the Campaign Organizer, not to the Operator. The conditions for participation in such Campaigns are defined in separate Campaign regulations.
7. The detailed conditions of holding a Company Account are regulated by a separate agreement concluded with the Operator.
8. The Operator enables Users with the status of an Entrepreneur to open a free test account for 14 days to learn about the functionalities of the Website and the Application. After 14 days, the Entrepreneur must select and purchase a subscription, otherwise the Account will be closed.
9. The Operator is not responsible for the correctness and legality of the Campaign. The Operator provides only the tool for conducting the Campaign. The User voluntarily and at his/her own risk joins the Campaign of his/her choice. Apart from these Regulations, each Campaign will have internal Campaign rules and privacy policy. The regulations will contain detailed information and criteria to be met by the User, including the minimum age of the User. The Campaign regulations will be made available to the User free of charge on the Website and the Application.
10. Before joining the Campaign, the User is obliged to read and accept the Campaign rules and privacy policy. While participating in the Campaign, the User is subject to both these Terms and Conditions and the Campaign regulations, which are an integral part of the Terms and Conditions.

§6 Account registration

1. The Services provided by the Operator may be used by the User who has performed the Registration procedure. Registration enables the creation of an Account.
2. The user by registering an Account declares that he has read and accepts the terms of these Regulations and Privacy Policy.
3. The Service will offer two types of Accounts – Consumer Account and Company Account, available for Entrepreneurs.
4. Registration is possible via the option available in the Application or via the registration form available on the website www.aribo.app
5. During the Registration process, the User provides the following data:

1) User being a Consumer:

a) first and last name,
b) email address,
c) the telephone number,
d) date of birth,
e) password.

2) Użytkownik będący Przedsiębiorą:

a) first and last name, (in the case of physical persons conducting business activity, legal persons and organizational units that are not legal persons: name – company, Tax Identification Number and – if it has and the name and surname of the person authorized to represent it),
b) email address,
c) the telephone number,
d) address of residence and/or business activity,
e) Tax Identification Number

6. By providing the data during the Registration process, the User declares that the data provided is true. The User is solely responsible for the completeness and truthfulness of the data provided during the Registration and use of the Service.
7. A message will be sent to the e-mail address provided by the User during the Registration process, asking for verification of the data. After positive verification of the data by the User, a confirmation of completion of the Registration process will be displayed in the Application or on the website, after which the User will be able to log in to the Account.
8. Upon confirmation of the Registration, the Agreement between the User and the Operator for provision of Services by electronic means for an indefinite period of time is concluded.
9. The User’s e-mail address given in the registration form is linked to the Account and will be used for all correspondence related to the provision of the Services, including sending notifications and messages.
10. The User accepts the necessity to have a working, current e-mail address.
11. The User gains access to the Account by means of an ID – login and password. The User is obliged not to disclose the password to the Account to any third party and is solely responsible for any damage caused by such disclosure or unauthorized access by the third party.
12. In case of changes in the data provided during the Registration, the User is obliged to update it.
13. You may not have more than one active Account. If the user creates more than one active account, the operator reserves the right to delete all other accounts.
14. The User shall immediately notify the Operator of any unauthorized use of the Account by e-mail to the following e-mail address: admin@myaribo.com
15. The creation and maintenance of an Account by a Consumer is free of charge.
16. The establishment of a Company Account by the Entrepreneur is payable according to the rules specified in the Price List, available on the website www.aribo.app . The Entrepreneur can get 14 days of free access to the Test Account. After this period, the Entrepreneur must purchase a package of his choice.

§7 Deletion or suspension of the Account

1. The Operator reserves the right to delete (close) an Account or block the use of the content and services, at any time, without prior notice, to Users:

1) violating the provisions of the Terms and Conditions;
2) infringing in any way the interests of the Operator of the Website and the Application, other Users or third parties, including through unlawful conduct contrary to the principles of social coexistence;
3) suspected of abuse, fraud or misuse of the content or Services, as well as other illegal activities related to your Account;
4) whose Accounts have been inactive for a period longer than 12 months – in this case, the Operator shall notify the User in advance of the intention to perform a specific action, via e-mail to the address indicated during Registration.

2. The assessment of the occurrence of the above unwanted behaviours shall remain at the discretion of the Operator.
3. The User may delete his Account at any time without giving any reason by visiting the Application Help Centres through the option to delete the Account himself or by sending a message requesting the deletion of the Account to the e-mail address admin@myaribo.com, with the proviso that this must then be done through the e-mail address used by the User when registering the Account. Deletion of the Account shall be equivalent to resignation from the Operator’s Services and cancellation of the Agreement.

§8 Obligations

1. The Users are obliged to use the Website and the Application in a manner consistent with the applicable laws, these Terms and Conditions as well as the principles of social coexistence, including the general principles of Internet use, and with respect for the rights of third parties and the Operator.
2. Users are required in particular to:

1) use the Website and the Application in a manner consistent with its intended use and in a manner that does not interfere with its functioning;
2) use the Website and the Application in a manner that is not burdensome for other Users and the Operator, while respecting the personal rights of third parties (including the right to privacy and property ownership) and their intellectual property rights, as well as any other rights and generally accepted rules of conduct;
3) to ensure a safe environment during the game, including, but not limited to, the User undertakes not to play while driving or in other situations that pose or may pose a threat to the User himself or to other third parties;
4) use all information and materials made available via the Website and the Application only within the scope of its own use (the so-called permitted use), excluding the purposes of conducting business activity – this provision applies only to Consumers;
5) respect other Players and do not interfere with the tasks contained in the Campaign by removing or destroying real items and markers used in the competition, including not cheating;
6) provide true, reliable and complete data which will not mislead the Operator, Campaign Organizers or other Users;
7) maintain safe and appropriate relations with Users as well as other people in the real world;
8) immediately notify the Operator of any breach (or possible breach) of their rights or rights of third parties in connection with the use of the Website and the Application. Any notifications should be notified to the Operator by e-mail to the following e-mail address: admin@myaribo.com

3. The Operator reserves the right to refuse to publish or remove any content, including information, photos, graphics, video, Feedbacks and other materials that it considers contradictory in accordance with the provisions of the law in force, or which are contrary to good morals or inconsistent with the law with the provisions of these Regulations.
4. The User is prohibited from interfering in any way with the content and appearance of the Website and the Application. Furthermore, it is forbidden for the User to:

1) collect, store or make available any personal data of other Website and Application Users without their express consent;
2) separate, delete or index the Services or Content of the Website and Applications (including information on Users or Campaign);
3) use the Services and Content or any part thereof in an unauthorized manner under these Terms, including in particular:

a) collect elements or resources on the Website and the Application for sale;
b) provide services on the Website and the Application in exchange for obtaining any material or non-property benefits, including cash;
c) sell, resell or lease the User Account on the Website and the Application;

4) attempt to gain unauthorized access to or search the Site, Content or download Content from the Services using any technology or means other than those provided by Aribo or other publicly available third party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data mining tools or hacks, tools, agents, engines or devices of any kind);
5) attempts to decipher, decompile, disassemble or reverse engineer any software used to provide the Services or deliver Content under the Site and the Application;
6) circumvent, delete, deactivate, decode or otherwise circumvent any technological measures implemented by Aribo, any Aribo supplier or any other third party (including another User) to protect the Services or Content;
7) use, display, reproduce or duplicate the Services or any individual item within the Services provided by the Operator, the name, trademark, logo or other proprietary information of Aribo or the layout and design of any page or Application owned and operated by Aribo, without the express written consent of Aribo;
8) upload, publish, transmit any Content that infringes, misappropriates or infringes rights under copyright or industrial property law, the Operator’s trade secret, infringing the provisions of law, including personal rights, the right to an image, any rights of third parties or rules of social coexistence;
9) post, publish, upload or transmit any uncensored content and pictures (such as blasphemy, exposed intimate body parts, pornography, content offensive to religion/ political feelings, content offensive to a person or institution);
10) attempt to investigate, scan or test the vulnerability of any Aribo system, network or service, or compromise any security or authentication measures;
11) use any meta tags or other hidden text or metadata using the trademark, logo, URL or product name of Aribo sp. z o.o. without the express written consent of Aribo;
12) interfere or attempt to interfere with the access of any User, Operator or network, including without limitation, sending a virus, overloading, flooding, spamming e-mail;
13) remove, obscure or in any way change the attributes, warnings or links appearing on the Website and the Application;
14) violate applicable laws or encourage or enable other persons to perform the above activities.

5. The Operator also reserves the right to claim compensation for damages that result from the User’s failure to comply with the rules specified in these Terms and Conditions . The above is independent of the possibility of updating in such cases on the side of the noncompliant civil liability towards third parties as well as criminal liability.
6. Although Aribo is not required to monitor access to or use of the Services or Content, or to view or edit any User Content, we have the right to do so in order to properly perform the Services, ensure compliance with these Terms and Conditions and comply with applicable laws.
7. The Operator reserves the right to remove or block access to any Content, at any time and without notice, in case of violation by the User of the rules arising from these Terms and Conditions. The Operator may remove any Content that he finds unacceptable or violating the Terms and Conditions. The Operator has the right to investigate violations of these Terms and Conditions or conduct that affects the Services provided.
8. The Operator may also consult and cooperate with law enforcement authorities and provide personal data of Users and other persons violating the law.
9. Any attempt to interfere or tamper with the Services provided by the Operator, including undermining or tampering with the legitimate operation of any site or application, is a violation of these Terms and Conditions and may constitute a violation or breach of applicable laws.

§9 Responsibility

1. The User uses the Website and the Application on a voluntary basis, at his or her own risk, therefore the Operator’s liability for any damage caused in connection with the use of the Website and the Application, in particular the lack of its operation and malfunctioning is excluded to the fullest extent permitted by law. The Operator’s liability towards a User having the status of an Entrepreneur who has suffered damage in connection with the use of the Website and/or Application and/or in connection with the Services provided under a separate agreement shall not cover the lost profits and shall be limited exclusively to the actual damage up to a maximum of $1,000 (in words: one thousand dollars).
2. The Operator shall not be responsible for the use of the Website and the Application by the Users in a manner inconsistent with the provisions of these Terms and Conditions, and in particular shall not be liable for damage caused by the Service User providing false data and information.
3. The Operator conducts ongoing supervision over the technical functioning of the Website and the Application, ensuring its proper operation; however, the Operator does not guarantee permanent availability of all Website Services and the Application, as well as their flawless or failure-free operation.
4. The Operator shall not be liable for any limitations or technical problems in the data communications systems used by the Users’ mobile devices which prevent or restrict the Users from using the Website and the Application. The Operator shall not be liable for unsatisfactory quality and performance of the Website and the Application.
5. The Operator shall not be liable for any interruptions in the operation of the Website and the Application caused by technical reasons, in particular the need for maintenance, improper quality of the Internet connection, damage or defect of telecommunications equipment, failure of the telecommunications network, or action of third parties.
6. The Operator is not responsible for the availability or quality of services provided by third parties or other entities involved in the creation or provision of services. The Operator shall, to the fullest extent possible by law, indemnify itself against all claims, damages, losses, expenses or liabilities which may arise or result from the services provided by the aforementioned entities.
7. The Operator represents that regardless of the actions taken by the Operator to secure the Website and the Application, due to the public nature of the Internet network and the use of services provided by electronic means, the Users should face the risk of obtaining and modifying the data entered by unauthorized persons. Therefore, in order to increase the security of their equipment and data, the Users should also apply appropriate technical measures that will minimize the aforementioned threats by using antivirus and identity protection programs for Internet users.
8. The User and/or the Campaign Organizer shall be fully liable for any false statements and assurances made and for failure to comply with obligations under these Terms and Conditions or the Campaign regulations..
9. The Campaign Organizer is solely responsible for the organisation of the Campaign and its proper conduct, including obtaining appropriate permits required by law or organising a promotional lottery.
10. In the event that a dispute arises between the User and any third party in connection with the use of the Services, the User will indemnify and hold Aribo (including Aribo’s officers, directors, agents, subsidiaries, employees, associates) harmless from any claims, demands and damages (actual or consequential) arising out of or in any way related to such disputes.

§10 Prohibitions and restrictions related to the organisation of the Campaign

1. It is forbidden to organise Campaigns which could endanger the safety of Player and in particular it is forbidden for the Campaign Organizers to:

1) place AR objects in places that the Player cannot safely reach (e.g. in the middle of a busy road, on a lake, river, at the edge of a bridge, at the edge of dams, on a construction site, etc.);
2) placing special markers in places where the Player cannot safely reach in order to scan them (e.g. in the middle of a busy road, on a lake, river, bridge, river dams, construction site, building roofs, etc.);
3) placing additional AR objects or real objects, markers in places where the Player cannot safely reach to scan them (e.g. in the middle of a busy road, on a lake, river, bridge, river dam edges, construction site, building roofs etc.);
4) place the AR or actual facilities in any property or location in respect of which there is no legal title or permit;
5) attach to the Campaign tasks which violate applicable laws, the rights of other persons or are contrary to the principles of social coexistence, including those which may cause destruction or loss of someone’s property.

2. It is forbidden to harass, threaten other Users, as well as other behaviour that could otherwise infringe the rights of third parties.
3. It is forbidden:

1) scam access to any property or place to which the User has no right or permission to be located,
2) unlawful infringement of third party property,
3) engage in any activity that may result in injury, death, damage to User’s or other third parties’ property, obstruction or liability of any kind.

4. All User Fraud is prohibited. Fraud includes, but is not limited to, one of the following behaviors, carried out in its own name or on behalf of others:

1) gaining unauthorized access to the Services (including the use of modified or unofficial third party software);
2) playing with multiple Accounts in the same campaign;
3) making Accounts available to third parties (except for company accounts);
4) using any techniques to change or falsify the working time of the User’s device;
5) using any technique to change or falsify the location of the device (e.g. by GPS spoofing);
6) using any technique to change or falsify the campaign ranking or the number of points in the wallet;
7) sale of the Account, QR codes, points scored in the Campaign;
8) obstructing the passage of the Campaign to other Players by destroying or placing elsewhere – actual materials that have been used in the Campaign – such as characters, objects, markers, paper information, etc.;
9) disclosure of information about the Campaign by employees or co-workers of the Campaign Organizer which may affect its course;

5. The Operator may use any lawful mechanisms to detect and respond to fraud, abuse and other conduct prohibited under these Terms and Conditions, including checking the User’s device for the existence of exploitation or hacking and/or unauthorized software.
6. In case of detection of Fraud or attempted Fraud, the User Account is immediately closed – if the User has additional Accounts, these Accounts are also closed.
7. If a User is found to have committed or attempted to commit any Fraud or hinder other Users participating in the Campaign – he/she loses all accumulated points and/or rewards.
8. The Operator shall immediately inform the Campaign Organizer and/or other authorities about detected Fraud or attempted Fraud.

§11 Organisation of the Campaign

1. The Campaign Organizer is obliged to fulfil all conditions required by law, which are necessary to organize and conduct the Campaign. The Operator shall only make available a tool which enables the Campaign to be carried out.
2. The Campaign Organizer is responsible for and is obliged, among others, to:

1) Preparation of the Campaign regulations in accordance with the law;
2) notify the Campaign to the competent legal authorities and obtain the relevant permits and pay the required fees – this applies in particular to promotional lotteries;
3) announce the Campaign;
4) ensure that Users participating in the Campaign comply with the rules of the Campaign;
5) the organisation of the Campaign in accordance with the provisions of the legislation in force in the territory concerned;
6) consider all complaints and claims from Campaign Users;
7) inform about any violation of the Terms and Conditions, and in particular those concerning Fraud;
8) to provide the necessary materials, content and information and prizes, if it is a Prize Campaign.

3. The Campaign Organizer may create its own AR objects for a given Campaign or use objects made available by the Operator. If the Organizer creates an AR object, the object is its property and no one else may use it for the Campaign, unless it receives appropriate consent.
4. The Campaign Organisation in certain places may be subject to additional legal restrictions to which the Campaign Organisation is obliged to comply.
5. In the case of the Campaign under which a competition is organised – the provisions of the Civil Code (article 919 et seq. of the Civil Code) apply to it; in the case of a promotional lottery – the Gambling Act of 19 November 2009 (Journal of Laws 2019.0.847, i.e.) applies.
6. The Campaign may not violate the provisions of the Terms and Conditions or any legal regulations, and may not be contrary to the principles of social coexistence or good manners. The Campaign may not discriminate against the User on the basis of his/her origin, skin colour, religion, gender or political views. In the event of an attempt to circumvent the law or breach the provisions of these Terms and Conditions, the Operator may immediately suspend the Campaign or cease to provide the Services and terminate the agreement without incurring any liability for damages to the Campaign Operator.
7. In the event of termination of the Campaign or early termination of the agreement, the Operator shall transfer all content, materials, photographs, films, documents, including AR objects uploaded during the Campaign and other related rights to the Campaign at the latest within _____ days of the event referred to above. The Operator then deletes all content, materials and others which have been uploaded by the Users using the Website and the Application.

§12 Types of Campaign

1. Through the Service and the Application, two types of Campaigns can be organised:

1) No reward – these are Campaigns created only for fun or education about a given company or product in an innovative way. Campaigns can also be conducted to build brand awareness and loyalty;
2) With the prize – the aim of these Campaigns is to have fun, engage and educate. The campaigns with the prize provide more excitement as the prizes and competition from other Users are awarded in real time. These are Campaigns that help build brand awareness and loyalty.

2. Additionally, Campaigns may include tasks for which the participant receives additional loyalty points – if the task has been completed correctly. These points can be exchanged for small gifts, which are sponsored by the Campaign Organizer, a form of reward for loyalty. The User does not pay any additional costs with this.
3. The Application does not provide an option to buy loyalty gifts. (Loyalty presents can only be purchased for the amount of loyalty points that have been accumulated.)

§13 Winners and rankings

1. Campaigns where prizes are awarded may be based on the ranking of the Campaign.
2. The Campaign Organizer has the possibility to set one of 3 types of rankings for a given campaign:

• time-based ranking – depending on the time of campaign completion
• ranking based on STARS points – depending on the number of STARS points gained for correct execution of tasks
• ranking based on STARS points and time – depending on both the speed of completion of tasks and the correctness of their performance evaluated with STARS points

3. The ranking will only include Users who have done a good task related to the Campaign. If a User fails to complete one or more tasks, they will not be made available in the ranking because they did not fulfil the basic criteria for which they are to be awarded.

§14 Prizes

1. The following rules apply only to the Campaign with the prize.
2. In the case of a Campaign with a prize, the sponsor of the prize is the Campaign Organizer.
3. The Campaign Organizer determines in the regulations of a given Campaign: number of winners, types of prizes, time and place of reception.
4. The User is obliged to read and accept the rules of the Campaign before joining the Campaign.
5. Participation in such a Campaign is done of User’s own free will.
6. Each User, at the end of the Campaign, receives his or her unique QR code containing information about his or her results and current position in the ranking.
7. QR codes are visible in the Application, in the inventory after the end of a specific Campaign.
8. After the end of the Campaign and the closing of the ranking, only the winner’s QR codes will entitle them to receive the prize.
9. The prize can be collected after the end of the Campaign and the official announcement of its results, only by a person authorized to receive the prize – having a unique QR code visible in the Application. The prize is collected at the place and time specified in the rules of a given Campaign. Receipt of prizes is possible until the date specified by the Campaign Organizer in the regulations of a given Campaign, after that date it will be impossible to receive the prize.
10. Acceptable proof of identity, such as a driver’s license or passport, may be required to receive the prize, containing the same name as that given on previous registration..
11. Only the User who took part in the Campaign is entitled to have the QR code and associated rights. QR codes cannot be sold or transferred to another person. QR codes that have been stolen, lost or transferred to another unauthorised person are invalid.

§15 Wallet

1. In the Application it is possible to collect loyalty points awarded for participation in Campaigns. Whether a Campaign has loyalty points and how many of them will be available is described in the rules of a given Campaign.
2. Loyalty points cannot be purchased. They can only be earned for participation in the Campaign according to the rules of this Campaign.
3. Loyalty points cannot be transferred or sold to another User.
4. The User can exchange loyalty points for small loyalty gifts.
5. Points can only be exchanged for gifts provided by the Campaign Organizer.
6. Loyalty gifts can only be purchased for loyalty points. Loyalty gifts cannot be purchased.
7. Loyalty gifts are visible in the application, together with information on how many loyalty points are needed to receive such a gift.
8. The Campaign Organizer decides on the number, type and value of available Loyalty Gifts for Consumers in the application. The Campaign Organizer shall be fully responsible for the information introduced on Loyalty Gifts and for providing these gifts to a Consumer on the basis of the exchange transaction concluded in the ARIBO application.

§16 Tasks under the Campaign

1. A Campaign may consist of one or more tasks, forming a script.
2. Each task may have a time limit (e.g.: 1 minute to answer a question).
3. Each task has set parameters to assess its correctness (e.g. the quiz must contain 3 correct answers to 5 questions in order to be pass it)
4. For each task, the campaign organizer may grant:
– loyalty points
– STARS points
– badges and trophies
The Organizer may use different combinations of these elements. The Organizer may also award bonuses in the form of loyalty points or STARS points for tasks.
5. The campaign Organizer decides whether and what time limits he will use in the tasks.
6. The campaign Organizer determines the parameters for passing a given task.
7. The campaign Organizer decides where the task is to be carried out (e.g. a given task may require the appearance in a specific place).
8. The Organizer may allow the Consumer to complete the campaign despite the incorrect performance of the task. At this point, the consumer is informed that he can continue the game, however, due to the lack of the minimum requirements for completing the task, he will not be included in the ranking and cannot apply for prizes (if such are set for this campaign).
9. The Organizer may determine that failure to perform a given task by the Consumer prevents further continuation of the game. The game is terminated without the possibility of resuming it.
10. There are many possibilities of arranging the Campaign based on tasks. Some tasks can be used more than once in the Campaign, with the proviso that the content, command of the task may be different (e.g. there may be a task to take 2 different photos).

§17  Intellectual and industrial property rights

1. Aribo has all intellectual property rights in the Service and the Application and in its individual components, so that the use of the Service and the Application in a manner or for purposes that are inconsistent with the Terms and Conditions or generally applicable law is not permitted and results in the User being liable to Aribo.
2. In case of violation of third party rights as a result of the User’s action, the Operator – at the request of authorized authorities (e.g. the Common Court) – is obliged to disclose and provide all information about the Users making the violations.
3. Subject to your compliance with these Terms and Conditions, Aribo grants you a limited, non-exclusive, non-transferable, license to download and install a copy of the Application on a mobile device, to run such a copy of the Application, and to download, display and use the Content of the Services, for personal use only.
4. Aribo reserves all rights to the Service and the Application which are not expressly granted to you under these Terms and Conditions.
5. Except as expressly permitted by these Terms and Conditions or under applicable law, the User is prohibited from:

1) copy, modify or create derivative works based on the Service and Applications;
2) distribute, transfer, sub-license, rent, lend or lease access to the Application to third parties;
3) reverse engineering, decompile or disassemble the Service and the Application;
4) make the Service and Application functionality available to third parties by any means.

6. The User acknowledges that the Services and the Content are protected by copyright, industrial property rights and other laws in force in the given territory. The User undertakes not to remove, change or obscure any information about copyrights, trademarks, service marks or other information about property rights included in the Services or Content or accompanying them.
7. Aribo does not claim ownership of the User Content, and these Terms and Conditions do not limit any rights that the User may have in respect of the User Content.

§18 User’s intellectual and industrial property rights

1. Content added by the User to the Service and the Application, or transmitted in any way to Aribo, including in particular within the account, may constitute a work within the meaning of the provisions of the Act of February 4th 1994 ( Journal of Laws of 1994, Number. 24, item 83, as amended) or an industrial property right within the meaning of the Industrial Property Law of June 3rd 2000 ( Journal of Laws of 2017, item 776).
2. The User, upon posting the User Content on the Site and in the Application or otherwise making the User Content available to Aribo, declares that he or she is the owner of the copyrights (in particular the property rights) and/or industrial property rights to these elements, or has a licence allowing him or her to make these elements available and grant further sublicenses. The User, at the time of the transfer of the elements referred to in the previous sentence, grants Aribo a free, non-exclusive, territorially unlimited license to use the User Content, together with the right to sublicense it (hereinafter referred to as the “User Content”), for the duration of the Agreement with the possibility of renewal: the “License”).
3. User grants Aribo a License for the following fields of use:

1) exploitation in whole or in part on the Internet, in social media, including computer memory and/or distribution on a multimedia network, including the Internet, making available in digital form in an unlimited number of broadcasts and volume of television broadcasts and/or transmissions;
2) recording, trading and reproduction of the media by any currently available techniques and methods, distribution, including the right to produce or order production of any new product or Service from User Content, reproduced in its current form or modified by Aribo or by any third party of its choice;
3) entry into the computer network and the Internet;
4) use on websites and in Internet domains;
5) use in any form for demonstration, advertising or promotion;
6) public and private display and distribution in any form;
7) making them available to the public in such a way that everyone can access them at a place and time of their choice (inter alia, on the Internet);
8) copying, modifying.

4. The User declares and warrants that neither his or her User Content, nor the use and delivery of the User Content, nor any use by Aribo will violate the Terms and Conditions, be contrary to good manners, principles of social coexistence or violate applicable laws, including intellectual property rights of third parties, industrial property rights, personal rights, rights of image or right of privacy.
5. The User is solely responsible for all his/her User Content.
6. To the extent permitted by applicable law, the User agrees not to exercise his or her personal rights (or equivalent rights under applicable law), such as the right to be identified as the author of any of the User Content, against Aribo or any third party designated by Aribo.

§19 Feedback

The User may submit comments, remarks and suggestions regarding the Services provided by the Operator further, as “Feedback”, by contacting us via social media or support channels, including those sent to the e-mail address admin@myaribo.com . Feedback is a form of User Content which is not published on the Website and the Application. The exception is a review of the service and applications on channels such as Google Play, Apple Store, Facebook, or using the evaluation form in the application (rate the application).

§20 Third party content, links in the Service and the Application

1. The Service and the Application may contain links to websites or resources of third parties. After redirecting to such sites, the User is obliged to read the Terms and Conditions and Privacy Policy available there.
2. Campaigns organized by Users with the status of Entrepreneur will contain their logo and other marketing materials, content, photos, videos, etc. Aribo provides them only as part of the Service provided to you and is not responsible for the content, products or services on such websites or resources, or the links displayed on such websites.
3. The User uses the websites or resources of third parties at his own risk and responsibility.

§21  App

1. In addition to using the Service, the User may use the Application.
2. The Application is available to users using technically compliant mobile devices, to which they will download the Application from the Google Play or Apple Store, install it and run it on their mobile device in turn.
3. The mobile device on which the Application is to be launched must comply with the following operating system specifications, available at www.aribo.app/suporteddeivices.
4. The Operator reserves the right to update the Application. The Application shall be updated on the first start of the Application after its introduction. In the case of updates to the operating systems by their providers, the Operator reserves that he is not obliged to update the Application.
5. The installation of the Application is free of charge. We do not charge for the use of any features available in the Application, subject to paragraph 8.
6. There is no purchase option in the Application.
7. The Operator does not collect or store credit card/bank account details in the Application. If the User notices such an attempt, he is obliged to immediately report it to the Operator, as it is an unauthorized activity and an attempt to extort data and hack into our Application.
8. Participation in some Campaigns may involve some costs that are not dependent on Aribo. Such situations may include participation in Campaigns organised during closed admissions for which an admission ticket must be purchased. Participation in such an event is at the User’s own discretion. Aribo is not responsible for such costs and does not accept payments on its own bank account. If the User wishes to participate in such a Campaign, he/she is obliged to purchase the entrance ticket directly from the Campaign Organiser. The conditions concerning the method of purchase and the amount of the price of the entrance ticket are defined in the Campaign regulations. Aribo never mediates in the purchase of tickets.

§22 Test programmes

1. Aribo may offer prior access to certain mobile applications (the “Beta Software”) to enable User to test and provide feedback on the Beta Software as part of the Test Program (the “Test Program”).
2. User acknowledges that any product features or content, game documentation, promotional materials and/or any other information that Aribo may provide to you in connection with the Test Program (hereinafter referred to as the “Test Materials”) of the Beta Software, as well as everything else related to the Beta Software is the exclusive intellectual property of Aribo.
3. User also acknowledges that the Beta Software may contain certain errors, mistakes, etc. for which Operator is not responsible.

§23 Disclaimer of guarantee

1. To the extent permitted by applicable law, the Services are provided “as is” without warranty of any kind.
2. Without limiting the foregoing, we disclaim all warranties of merchantability, fitness for a particular purpose, peace of mind or non-infringement, and all warranties arising out of the course of dealing or use of the trade. We make no warranty that the services will meet your requirements or be available uninterrupted, secure or error-free. The Operator makes no warranty as to the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
3. The User assumes all risks associated with online or offline communication and interaction with other Service Users and other persons with whom he/she communicates or interacts as a result of using the Service and the Application.
4. The Operator does not display or ask the Users of the Website or the Application for what purpose they use the Services.
5. The Operator makes no representations or warranties as to the behavior of the Users using the Services.
6. User is obliged to take appropriate precautions in all contacts and interactions with other Users who use the Services and with other persons with whom he/she communicates or interacts as a result of using the Services, in particular if he/she decides to meet offline or in person.

§24 Resolution of disputes and applicable law

1. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2019, item 1145, as amended), the Act of 18 July 2002 on the provision of electronic services (t. j. Journal of Laws of 2020, item 344), Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2019, item 1231 as amended), Act of 30 June 2000 Industrial Property Law (i.e. Journal of Laws of 2020, item 286 as amended).
2. The Service and the Application are databases, however, Campaigns may be made available on the Service and the Application, which are organised by Campaign Organizers having commercial relations with the Operator, including Users with an active Company Account. The available database is subject to protection pursuant to the Database Protection Act of July 27th 2001 ( Journal of Laws of 2019.2134).
3. In case of a dispute, the User and the Operator undertake to strive to settle the dispute amicably. Should the parties fail to reach an agreement, any disputes arising in connection with the use of the Website and the Application shall be resolved by the court having territorial jurisdiction over the Operator’s registered office and shall be governed by Polish law, with the proviso that in the case of a User who is a Consumer within the meaning of Art. 22 [1] of the Polish Civil Code, the court having general jurisdiction shall have the following.
4. The European Commission’s online dispute resolution platform is available at the following link https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_pl

§25  Separation

1. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
2. The User is not entitled to transfer his rights or obligations under this Agreement, in whole or in part, to third parties without the prior express written consent of the Operator under pain of nullity.
3. The Operator is entitled to transfer its rights or obligations under the Agreement, in whole or in part, to third parties without the prior express consent of the User expressed in writing under pain of nullity.

§26 Force Majeure

Neither the Operator, nor the User, nor any other party involved in creating, producing or delivering the Services or Content through the Service shall be liable for any damage, injury, failure to perform or delay in performance resulting from force majeure, including but not limited to: weather conditions, fire, flood, acts of terror or foreign enemy attack, satellite or network failure, governmental orders or regulations, epidemic and/or pandemic or any other cause beyond its control.

§27 Complaints

1. Any complaints about incorrect functioning of the Service and the Application should be reported to the Operator by e-mail to the following address: admin@myaribo.com
2. The complaint should contain: name and surname, e-mail address, name and model of the device on which the problem with functioning of the Service and Application occurred, as well as the name and version of the operating system installed on it, as well as a short description of the problematic situation.
3. Correctly reported complaints will be dealt with immediately, but no later than within 14 days of receipt. The Operator will inform the User by e-mail about the way the complaint is handled. If the data or information provided in the complaint need to be supplemented, the Operator asks the User to supplement them before the complaint is considered. The time of providing additional explanations by the User prolongs the period of complaint processing.
4. Complaints and objections relating to the Campaign should be submitted directly to the Campaign Operator on the terms and conditions set out in the rules and regulations of the Campaign.

§28 Change of the Rules and Conditions and announcements

1. Aribo may amend these Terms and Conditions for important legal reasons (amendment of the generally applicable law or change of Aribo’s organisational form) or technical reasons (modernisation of the Service and Application, change in the way the Service operates). The User will be informed about the change of the Regulations together with the reason for such change via e-mail to the e-mail address to which the User Account is registered 7 (seven) days before the new Regulations come into force. The Operator shall also announce any amendments to the Terms and Conditions in a communiqué displayed on the Website and the Application 7 (seven) days before the new Terms and Conditions come into force. Within that time, the User should accept the new provisions of the Rules or refuse to accept them by sending an appropriate e-mail to the following address admin@myaribo.com. A refusal to accept amendments to the Regulations shall be equivalent to the termination of the Service Agreement with immediate effect. If the User does not submit a statement of refusal of acceptance before the expiry of the deadline indicated above, it shall be deemed to have accepted the amended Regulations without reservations at the moment of expiry of the deadline.
2. In the case of notifications sent by e-mail, the date of receipt will be considered as the date on which such notification is sent to the e-mail address to which the User Account is registered.

§29 Apple Store

The Apple Store does not sponsor any of the contests or Campaigns or lotteries performed on the Service and/or Applications. Apple Store does not participate in any way in activities or services provided by Aribo.

§30 Waiver

Aribo’s failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. A waiver of such right or provision shall be effective only if it is in writing and signed by a duly authorized representative of Aribo. Except as expressly provided in these Terms and Conditions, the exercise by any party of any remedies available to it under these Terms and Conditions shall not affect the other remedies available to it under these Terms and Conditions or under applicable law.

§31 Contact information

If any questions about these Terms and Conditions or the Services, please contact us at admin@myaribo.com.

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