TERMS OF SERVICE

(Effective as of 30.06.2016, Last updated: 30.06.2016)

 

I.          Introduction

 

  1. Welcome to the GetBadges Sp. z o. o. service (the “Service”).
  2. Please read the following terms (hereinafter the “Terms of Service”) carefully before you start using our Service. Using the services offered by GetBadges means that you fully accept these Terms of Service. If you do not agree to these Terms of Service, you may not access or use our Service.
  3. We operate as a company under the business name GETBADGES Sp. z o. o. with its registered office in Poznań (61-629) at ul. Szelągowska 49, entered in the commercial register maintained by the District Court for Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under number: 0000599772, holding NIP (Taxpayer Identification Number) 9721260368 and Statistical ID No (REGON): 363441740. We are the owners and operators of the website at URL getbadges.io. We refer to ourselves in these Terms of Service as “GetBadges” or “Company”.
  4. The GetBadges Service allows you to integrate project management and software development tools such as GitHub, Trello, Slack and many others into an RPG-like game. While the members of IT team advance in a project’s development, they develop their game character, gain experience points, badges, achievements and fight monsters.
  5. These Terms of Service specify the principles of GetBadges performing the services to you – the users (hereinafter the “User” or “Users”). By using the GetBadges Website you accept the terms and conditions specified below.
  6. The Company respects the privacy of the Users of its Service. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to those Terms of Service, Privacy Policy and Cookies Policy, as well as other documents, unspecified here, relating to use of the service.

 

II.        Definitions

 

In these Terms of Service we use certain terms (written in capital letters) with a specified and precise meaning. Some of these terms have been explained above, but we will also use the following terms:

a.    ACCOUNT is the User’s account on the Website, for logging onto the Website and performing the available activities. The account is always kept under a unique username (login).

b.   COOKIES POLICY is the document specifies the rules of gathering and processing cookies.

c.          PRIVACY POLICY is the document in which we explain what personal information of the Users we gather and process in order to render the Services conveniently, and how we use and process the information.

d.    REGISTRATION is the procedure of setting up an Account on the Website.

e.     SERVICES are the services and activities offered by GetBadges on the Website.

f.  WEBSITE is the GetBadges website, maintained by us at getbadges.io, enabling the use of the Services.

 

III.  Website Operations

 

  1. Access to the Website is open to anybody who is at least 18 years old, as well as to anyone between the ages of 13 and 18, provided that they have consent from an adult in charge of them.
  2. Access to the Website requires the ability to connect to the Internet (each use of the Services requires current access to the Internet), having an email inbox and an internet browser allowing for entering websites. Internet browser must be compatible with HTML5, CSS3 and SVG, with JavaScript enabled. Some features require a support by Push Notifications and localStorage.
  3. In order to fully benefit from the Service, it is recommended that a User Account is established and maintained.

 

IV.  Setting Up Accounts by Users on the Website.

 

  1. Registration on the Website is required in order to set up an Account. To register, the registration form must be completed, including the username, email address, phone number and password.
  2. The User may also set up an Account through Google or GitHub, by using the login button and by agreeing to connect Google or GitHub account with the Account. When logging in to Google and GitHub, the User will be able to automatically connect with the Account.
  3. Access to the Account is given to the User upon logging onto the Website, i.e. after entering the login in the form of the username indicated during the registration, together with the password protecting access to the User’s Account.
  4. Starting from the first login to the Website, the User may be asked to complete the Account with other personal information, which may be necessary for the proper performance of the Services. We undertake to protect this information carefully, and the User may also block access to the information any time by removing the Account.
  5. You agree to notify us immediately of any unauthorized use of your password and/or Account. All activities performed through the Account will be treated as if performed by the owner of the Account, so if there is a suspicion that the protective password to the Account was taken over by someone else, please notify us about this fact immediately. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or Account.
  6. Using another User’s Account and having multiple Accounts are prohibited. Multiple Accounts will be banned permanently.
  7. We also reserve the right to block the Account or access to chosen Services rendered within the Website if the Account’s safety is considered to be at risk, or if the provisions of the Terms of Services or generally applicable provisions of law are breached.
  8. Users may resign from receiving the Services at any moment without any cost, by submitting a request to remove the Account.
  9. Users accept the fact that they receive access to the Website, and that GetBadges renders the Services immediately upon connecting to the Website through a browser, without any period for withdrawal. Due to the above, under Article 38 Sections 1) and 13) of the polish Act on Consumer Rights of 30 May 2014 [Ustawa o prawach konsumenta], Users are not entitled to withdraw from the Service Agreement.

 

V.        Fees and payments

 

Using the Service is free of charge in the 14-day trial. After this period the User is obliged to pay fees according to the price list published on the Website.

 

VI.  GetBadges Liability

  1. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.
  2. Though the Company strives to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this Terms of Service.

VII. Links to the external sites or content

  1. As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
  2. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

VIII.               Complaints

 

  1. GetBadges, as the Website operator, accepts complaints regarding the improper operation of this Website and a failure to perform the Services and/or the non-performance of Services. Any complaints should be submitted within 14 days from performing the Service, in electronic form via the contact form, or in writing to the address of GetBadges registered office. A complaint should include at least: first name, surname, address for correspondence and circumstances justifying sending the complaint.
  2. If the information provided in the complaint must be completed, we will ask the User to complete the complaint to the required level before reviewing the complaint.
  3. Complaints submitted in the correct form are reviewed within 14 days from the date of receipt.
  4. A response to the complaint will be sent to the email address attached to the User’s Account, or to the address indicated in the complaint lodged in writing.

 

IX.  Amendments to the Terms of Service

 

  1. GetBadges reserves the right to amend the content of the Terms of Service. Each amendment becomes effective 14 days after its publishing on the Website.
  2. Users who have their Accounts on the Website will be requested to accept the amended content of the Terms of Service. If a User fails to accept the amendment, or refuses to do so, the User’s Account will be removed within seven days.

 

X.    Dispute Resolution

 

  1. Any disputes relating to or arising out of your use of the Service will be settled by the court with jurisdiction in accordance with the Civil Procedure Law.
  2. Any such disputes can be settled by online dispute resolution for consumer disputes, available at  http://ec.europa.eu/consumers/odr/, whereas dispute resolution authorities may not be available in every country or sector.

 

XI.  Final Provisions

 

  1. GetBadges reserves that all written content and graphic elements published on the Website are protected by copyrights and rights under the licence to which GetBadges is entitled.
  2. These Terms of Service are subject to Polish law.