Terms and Conditions of the parkour.design Website and Service
§ 1
General provisions
- In fulfillment of the obligation arising from Art. 8 section 1 point 1 and art. 20 section 1 point 2 and 3 of the Act of July 18, 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2013, item 1422, as amended) and Art. 173 section 1 point 1 of the Telecommunications Law (consolidated text: Journal of Laws of 2014, item 243, as amended), these Terms and conditions for the website of the parkour.design service are hereby created.
- The Terms and Conditions define the rules for using the Service Website, including the use of the welcome page, the user registration process and the use of the service by registered users.
- The entity responsible for the Website is Nimbus Riders sp. z o.o.
- The Terms and Conditions are available free of charge on the website https://parkour.design/terms-and-conditions in a form enabling free recording, storage and reproduction by the User using the Website. The content contained in these Terms and Conditions may be recorded and reproduced by the User using any technique on any media for purposes related to the use of the Website and the services provided therein.
§ 2
Definitions
Capitalized terms in the Terms and Conditions, unless otherwise stated, have the following meaning:
- Administrator – personal data administrator within the meaning 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), hereinafter referred to as “GDPR”;
- Personal Data – Personal Data - personal data within the meaning of the GDPR;
- Company – Nimbus Riders sp. z o.o. based in Gdańsk, ul. Jana Heweliusza 11/811, entered into the register of companies kept by the District Court Gdańsk Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number 0001108119, NIP 5833510199
- Service – a service for designing horse jumping courses, sharing and printing created designs, available via the website https://parkour.design;
- Terms and Conditions – terms and conditions available on the website at https://parkour.design/terms-and-conditions;
- Website – the website of the Service at https://parkour.design;
- User – any entity using the Website;
- Newsletter – information about events, publications and any other activities in which the Company’s persons participate, sent to the e-mail address provided by the User; ordering the Newsletter is available on the Website in the user profile settings.
§ 3
Rules for using the Service Website
- The Terms and Conditions define the principles of operation of the Website.
- The use of the Welcome Page is free, voluntary and permitted for all Users.
- Use of the Service may be subject to fees associated with your subscription.
- Use of the Website by the User constitutes acceptance of the provisions of these Terms and Conditions.
§ 4
User’s rights and obligations
- Each User is obliged to use the Website in accordance with the Terms and Conditions, legal provisions and good practices.
- The Terms and Conditions prohibit, in particular:
- providing false or misleading information or personal data;
- disseminating false information that is contrary to law or good practices regarding the content posted on the Website;
- violating in any way the personal rights of the Company, persons associated with it or third parties;
- interfering with the operation of the Website, including changing the Website’s code, using or placing viruses, worms, trojans, unauthorized extensions and other mechanisms that may have a negative impact on the functioning of the Website or the software or devices of the Company or Users;
- posting illegal content by the User on or through the Website.
§ 5
Technical requirements and cookies
- Using the Website is possible if the User has a device such as a personal computer or laptop, with access to the Internet and a web browser. The service available through the Website is not intended to operate on phones or tablets.
- The website uses cookies, i.e. small text information stored on the User’s end (receiving) device. Cookies are used to ensure the proper operation of the Website and for statistical purposes, e.g. examining the popularity of individual tabs and functions of the Service.
- The user can prevent the storage of cookies on the end device by appropriately configuring the web browser.
- The user may delete stored cookies from the end device through appropriate functions of the web browser or other software. Methods of deleting cookies can be found at the appropriate web browser addresses, e.g.:
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Google Chrome: https://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
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Mozilla Firefox: https://support.mozilla.org/pl/kb/usuwanie-ciasteczek
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Microsoft Edge:
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Safari:
§ 6
Service of sending messages to the User in the form of a Newsletter
- Each User using the Service Website may order the Newsletter.
- Ordering the Newsletter of the service requires registering the Use of the Service via the Website and providing an email address in the registration process and consenting to the provisions of the Terms and Conditions.
- Ordering the Newsletter service is free of charge. The User agrees to immediately start providing the Newsletter sending service.
- The User may unsubscribe from the Newsletter service at any time by turning off the option in the User’s profile settings on the Website.
§ 7
parkour.design horse jumping course design service
- Each user who has registered in the Service via the Website has the opportunity to design horse jumping courses.
- Designs created by the User are stored locally in the database of the User’s web browser and on remote servers in a database managed by the Company.
- Designs created by the User will be stored on remote servers as long as the User’s account is active. Projects will be deleted when you unsubscribe from the Service and delete your account.
- In order to use the Service, the User must select a free plan or a paid subscription during the registration process, entitling him to use the Service.
- In the case of first registration when choosing a subscription, a 14-day free trial period is available, during which no subscription fee is charged. After the trial period expires, the use of the Service requires payment of a subscription fee.
- There is one free plan (“Starter”) and two paid subscription levels (“Developmental” and “Masters”), differing in available functionalities and fees. Detailed descriptions of the free plan and subscription tiers are available on the Website.
- For each paid subscription plan, there are two subscription periods to choose from: monthly or yearly. The subscription period lasts from the day the subscription is paid for for a full month or a calendar year.
- The subscription fee is charged when activating a paid subscription plan. The fee charged entitles you to use the functionality of the given subscription plan for one subscription period. On the first day of the start of the next subscription period, another subscription fee is charged.
- The User may at any time resign from paying for further subscription by selecting the appropriate option in the User profile. In this case, another subscription fee will not be charged, and after the subscription period during which the User resigned from the subscription, a free subscription plan (“Starter”) will be set.
- In the event of cancellation of the subscription fee as described in the previous point, the subscription fee for the current subscription period is non-refundable and the user may use the Service until the end of the subscription period.
- Subscription payments are made via Stripe (https://stripe.com/).
§ 8
Technical support, improvements and development of the Website and Service
- Technical support service via Brevo messenger (https://www.brevo.com).
- Each User using the Website may contact persons performing technical support in the Company via Brevo messenger in order to obtain assistance in using the Website and the Service.
- Brevo messenger is available through the Website and selecting the messenger icon on the welcome screen or other screens of the Service.
- Using the Brevo messenger requires providing an email address.
- Automatic problem reporting service via Sentry (https://sentry.io)
- If certain critical errors occur in the operation of the Service, they will be automatically reported and logged to Sentry.
- The purpose of error logging is to enable the Company to take action to correct the problems that have been logged.
- The following data describing the user’s environment are subject to registration on the Sentry website: user’s email, device IP number, device type, operating system, browser, technical description of the problem generated by the Service and data provided by the User in the User registration process.
- The Company may contact the User via email in order to obtain more information necessary to correct the logged problem.
- Monitoring the operation of the Service and the Website using Posthog (https://posthog.com)
- The operation of the Service and the Website is monitored using the Posthog service.
- Monitoring takes place when logged in Users use the Service.
- The purpose of monitoring is to reproduce occurring errors in the operation of the Service in order to correct them and to improve the Service by better understanding the interaction between the User and the Service.
- The following data is monitored through the Posthog service: email address, user login, IP address and technical data of the web browser, as well as screenshots of the content of the Website opened in the browser window while using the Service.
- User activity monitoring service using Google Analytics (https://analytics.google.com)
- The operation of the Service and the Website is monitored using Google Analytics.
- Monitoring takes place while Users use the Website and the Service.
- The purpose of monitoring is to improve the Service by better understanding how users of the Website, including primarily new users of the Website, engage with the content of the Website and the subscription levels offered on the Website.
- The following data is monitored in Google Analytics: events triggered by the user while using the Website, such as: opening the Website, logging in, logging out, registering in the Service, browsing the content available on the Website and selecting a subscription. When using the Service, the User’s invocations of any functions of the Service through the available user interface are monitored.
- All services listed in §7 and §8 are available to the user 24 hours a day, every day of the year. The company reserves the right to service breaks that are as little inconvenient as possible and are necessary for the proper operation of the website. Service breaks will be announced via email sent to the User at least 12 hours in advance.
- The Company’s personnel providing technical support may have access to works (designs, projects) created by the User without obtaining rights to them and ensuring data confidentiality. Access to the works may be used only to correct problems or improve the operation of the Website or Service.
§ 9
Personal Data
- With respect to Personal Data provided by the User during registration using the Website, the Company acts as the Administrator.
- The principles of Personal Data processing are described in a separate GDPR document available on the Website.
§ 10
Contact and complaints
- The Company exercises due diligence to ensure the proper operation of the Website and Service. The User has the right to report reservations regarding the operation of the Website via the Brevo messenger or to the e-mail address: support@parkour.design.
- The User using the services described in § 6 and § 7 of the Terms and Conditions has the right to submit complaints to the e-mail address: support@parkour.design.
- The notifications and complaints referred to in points 1 and 2 above should include a detailed description of the objection and the User’s email address so that the Company can send a response to the objections to the User.
- The Company may ask the User to provide additional information needed to respond.
- The Company is obliged to respond within 14 days of receiving full information, including a detailed description of the objection and the User’s email address.
§ 11
Responsibility
- Due to technical reasons, malfunctions or failures may occur that prevent or impede the use of the Website and the Service. Access to the Website may also be temporarily disabled due to its modernization.
- The Company is not liable for inappropriate actions or lack of availability of the Website and the Service resulting from or related to the reasons indicated in point 1 above or for other reasons beyond the Company’s control.
- The Company is not responsible for the lack of access to the Website and the Service for reasons attributable to the User, for example due to failure to meet the minimum technical requirements described in §5.
- The Company is not responsible for the content of designs (projects) created by the User and any possible violation of the law or the rights of third parties as a result of the project created.
§ 12
Changes to the Terms and Conditions
- The Company has the right to change the Terms and Conditions.
- The change to the Terms and Conditions comes into force when the changes to the Terms and Conditions are posted on the Website or on another day indicated in the amendments to the Terms and Conditions.
§ 13
Final Provisions
- The law applicable to the Terms and Conditions is Polish law.
- In matters not regulated by the provisions of the Terms and Conditions, the relevant provisions shall apply, in particular the provisions of the Civil Code (consolidated text: Journal of Laws of 2014, item 121, as amended), GDPR and other provisions of generally applicable law regarding the protection of personal data. Document version: 2.1 of 30.09.2024