Mobile Application Terms and Conditions

The mobile application is made available under the terms specified in this document, constituting the Terms and Conditions in accordance with the Act of July 18, 2002, on the provision of electronic services (hereinafter referred to as "Terms and Conditions").

These Terms and Conditions set out the rules for using the Application, the types of electronic services provided through the Application, and the rights and obligations of users and the Service Provider. Familiarizing oneself with these Terms and Conditions is an obligation of every user of the Application.

§1. Definitions

1. Service Provider - Blublu LLC, headquartered in Laski Wielkie, address Laski Wielkie 1, 19-314 Kalinowo, NIP: 8481880265, REGON: 389600589, registered in the National Court Register under KRS: 0000914871, District Court in Olsztyn, VIII Economic Department of the National Court Register, initial capital 5,000 PLN. Service Provider email address: blublu.main@gmail.com.

2. Application - Entertainment software (mobile game) with specific user functionalities, provided to users by the Service Provider for mobile devices.

3. User - a natural person with full legal capacity or limited legal capacity, as defined in the Terms and Conditions.

4. Mobile Device - devices allowing the installation and use of the Application, in particular smartphones and tablets.

5. Service - the electronic provision of the Application for the User's use and services provided electronically by the Service Provider via the Application, in particular functionalities and paid services available within the Application.

§2. General Provisions

1. The Application is intended for adults with full legal capacity.

2. Conditional use of the Application is allowed for people who have reached the age of thirteen (or higher if required by law in the user's place of residence), provided they have limited legal capacity and their legal guardian is aware of and confirms their wish to enter into the agreement, particularly at the request of the Service Provider.

3. Anyone suffering from epilepsy must consult a doctor before starting the game. If uncontrolled jerking, visual disturbances, dizziness, muscle or vision spasms, loss of consciousness, disorientation, involuntary movements or seizures occur during the game, immediate cessation and consultation with a doctor are recommended.

4. The Service Provider undertakes to provide services for the User in the scope and on the terms specified in the Terms and Conditions.

5. The User undertakes to use the Application in accordance with the rules set out in the Terms and Conditions, applicable laws, and social norms.

6. The Service Provider adheres to the principles of personal data protection of Users as provided by Regulation (EU) 2016/679 of the European Parliament and Council dated April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, repealing Directive 95/46/EC. The User consents to the collection, storage, and processing of personal data by the Service Provider for the purpose of service delivery. Detailed rules for processing Users' personal data are defined in the Privacy Policy of the Application.

7. It is prohibited for the User to provide unlawful or offensive content. The User is obliged to use the Application in a manner that does not disrupt its functioning, in particular, by not using specific software (including malicious software) or devices.

8. Specific risks associated with using electronic services include unauthorized persons gaining access to data transmitted over the network or stored on network-connected devices and interfering with such data, which may result in loss, unauthorized changes, or loss of access to services offered using the Application.

9. The provisions of the Terms and Conditions relating to consumers apply accordingly to natural persons entering into a contract directly related to their business activities, where it appears from the content of this contract that it does not have a professional character for that person, in particular, as evidenced by the subject of their business activity made available under the rules on the Central Register and Information on Business Activity.

10. The Service Provider reserves the right to modify, suspend, or discontinue the operation of the Application or any part of it at any time, with or without notice. The User agrees that the Service Provider shall not be liable to the User or any third party for any modification, suspension, or discontinuation of the Application or any part thereof.

11. The User accepts that, in the case of sending any opinions or suggestions to the Service Provider concerning the Application, the User thereby transfers all rights to the opinions to the Service Provider and agrees that the Service Provider will have the right to use such opinions and related information in any manner they see fit. The Service Provider will treat any opinions provided by the User as non-confidential and unrestricted. The User agrees not to provide the Service Provider with any information or ideas considered to be confidential or proprietary.

12. The User, while using the Application, commits not to use it for the purpose of transmitting, disseminating, or otherwise exploiting content:

  • a) that violates any third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, advertising rights, or any other intellectual property or proprietary rights;
  • b) that is prohibited, defamatory, false or intentionally misleading;
  • c) that is harassing, threatening, harmful, vulgar, obscene, or offensive, or contains pornography, nudity, or gratuitous or unjustified violence, or promotes violence, racism, discrimination, bigotry, hatred, or physical harm against any group or individual, or is otherwise unacceptable;
  • d) that is in any way harmful to minors;
  • e) that constitutes unwanted or unauthorized advertising, promotional materials, junk messages, spam, chain letters, financial pyramid schemes, or any other form of duplicated or unwanted messages, both commercial and otherwise;
  • f) that violates any legal provisions, regulations, or contractual obligations.

13. The User is prohibited from:

  • a) transmitting or disseminating any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
  • b) collecting information or data about other Users, including email addresses, without their consent (e.g., using data harvesting bots, robots, spiders, or scrapers);
  • c) disabling, excessively burdening, impairing, or otherwise disrupting the operation of servers or networks connected to the Application (e.g., a "denial of service" attack);
  • d) attempting to gain unauthorized access to the Application or servers or networks connected to the Application (e.g., password mining);
  • e) interfering with another User's enjoyment of the Application.

14. The Service Provider reserves the right to review User content at their discretion. The Service Provider may remove or modify User content violating the provisions of paragraph 12 at any time and for any reason, at their sole discretion, with or without notification.

§3. Technical Requirements

1. The Application is available for all mobile devices that meet the system requirements specified in this section.

2. To begin using the Application, the User downloads the Application onto their mobile device via Google Play.

3. The mobile device must have at least Android version 7.0 and a minimum of 2 GB of RAM to be capable of installing and running the Application.

4. Activation of an internet connection on the mobile device is required for the installation of the Application.

5. Upon installation, the Application creates files in the memory of the mobile device for its proper functioning. These files are deleted upon uninstalling the Application. If the User manually deletes any of these files, the Application may malfunction.

6. The User bears the costs associated with internet access and data transmission in accordance with their internet service provider's tariff.

7. Changes to the technical requirements specified in this section do not constitute changes to the Terms and Conditions as understood by the provisions of §10, section 1.

8. The Service Provider reserves the right to conduct updates and release new versions of the Application. The installation of updates or new versions of the Application may be enforced by the Service Provider as necessary for continued, uninterrupted use of the Application. Installation of updates or new versions of the Application is performed via the store mentioned in section 2.

§4. In-App Purchases

1. Use of the basic functionalities of the Application is free of charge.

2. The User may avail of the following additional paid services available in the Application:

  • a) Purchase of Virtual Currency or Virtual Items,
  • b) Removal of ads in the Application.

3. Virtual Currency can only be used within the game feature of the Application. Virtual Currency does not have equivalent value in real currency and does not replace it.

4. Virtual Currency or Virtual Items that can be purchased or earned within the Application are non-refundable, non-exchangeable, and non-transferable.

5. Buying, selling, or trading Virtual Currency or Virtual Items outside of the Application is prohibited.

6. Paid services in the form of Virtual Currency, Virtual Items, and the option to remove ads are activated in the Application immediately upon payment by the User.

7. Paid services are available until they are used by the User or until the Application is deleted from the mobile device, whichever occurs first.

§5. Service Provider's Liability

1. The Service Provider informs that, in accordance with Article 15 of the Act of July 18, 2002, on providing services by electronic means, it is not obligated to monitor the transmitted, stored, or shared data referred to in Articles 12-14 of the said Act.

2. The Service Provider is not responsible for the User's health, including any adverse effects on the User’s well-being related to the use of the Application.

3. The Service Provider is not liable for obligations arising from the actions of the Users through the Application.

4. The Service Provider is not responsible for the data entered by Users in the Application and is not liable for actions taken by the User that have caused any damage to that User or other Users or third parties, or that have made it impossible or difficult for the Service Provider to render its services.

5. The Service Provider is not responsible for interruptions in the operation of the Application or damages suffered by the User as a result, if caused by force majeure, which could not have been foreseen, or if its effects could not have been prevented.

6. The Service Provider is not liable for the malfunctioning or improper operation of the Application on a device that does not meet the technical requirements mentioned in §3 of the Terms and Conditions.

7. The Service Provider is not responsible for the incorrect operation of the operating systems required to run the Application, as per §3 of the Terms and Conditions, or for other software installed on or downloaded to the device.

8. The Service Provider is not liable for non-performance or improper performance of services by telecommunication operators with whom the User has contracts, particularly in the area of internet connectivity, nor for the rates charged for these services.

9. The Service Provider is not responsible for the temporary inability for Users to access the Application due to technical interruptions mentioned in §10, section 2.

10. The Service Provider is not liable for the malfunctioning of links (references) to third-party websites embedded in the Application, nor for the content available on those sites.

§6. Withdrawal from the contract for the provision of services electronically

1. The User has the right to withdraw from a contract for the provision of ongoing and indefinite electronic services. The User can terminate the contract at any time without giving any reason.

2. To terminate the contract, the User is obliged to remove the Application from their mobile device memory (uninstall the Application).

3. Removal of the Application by the User may result in the cessation of access to previously ordered paid Services without the possibility of restoring them after reinstalling the Application.

§7. Statutory right to withdraw from the contract

1. The User, who is a consumer, has the right to withdraw from a distance contract or a contract concluded outside the Service Provider’s premises within 14 days from the date of conclusion of the contract. Sending a statement to the Service Provider's headquarters or email address is sufficient to meet the deadline.

2. In the event of withdrawal from the contract, it is considered null and void, and the consumer is released from all obligations (except as specified in points 3-4). Payments made by the consumer will be refunded by the Service Provider in the same form in which the consumer made the payment unless the consumer agrees to a refund in another form that does not result in additional charges for them. The refund will be made within 14 days from the date of withdrawal from the contract.

3. If the Service Provider fully provides the service at the express request of the consumer before the deadline for withdrawal expires, the right to withdraw from the contract is forfeited.

4. The User acknowledges that the paid Services they order in the Application are activated immediately after payment, which means that there is no possibility of withdrawing from the contract after activating the paid Service.

§8. Complaint procedure

1. In case of non-performance or improper performance by the Service Provider of services provided through the Application, the User has the right to file a complaint electronically to the email address blublu.main@gmail.com.

2. A properly filed complaint should include the User’s identification (name and email address), the subject of the complaint along with the indication of the period to which the complaint relates, and the circumstances justifying the submission of the complaint. In the case of incomplete data, the Service Provider will ask the User to complete the data within 7 days.

3. The Service Provider will consider the complaint within 30 days from the day of receiving the complaint.

4. Lack of information on how the complaint was processed within the deadline referred to in point 3 is considered as the Service Provider having accepted the complaint.

§9. Intellectual property. License

1. All content displayed in the Application (including graphics, texts, content layout, and logos), that does not originate from Users or third parties, is protected under copyright laws and is the exclusive property of the Service Provider. Unauthorized use of such content will result in civil and criminal liability.

2. Using the Application, including accessing text materials, graphics, databases, or other digital content, does not confer upon the User any rights to the said content, particularly not acquiring any property copyrights, related rights, or licenses, except as provided in section 4.

3. The following activities are prohibited without the express consent of the Service Provider, unless these actions are inherent to the specific nature and purpose of the Service available in the Application:

  • a) copying, modifying, and electronically transmitting or otherwise disseminating the Application or any part of it, as well as individual content made available through it,
  • b) distributing the content published in the Application in any manner, unless otherwise stipulated in the Terms of Service,
  • c) downloading database content and its secondary utilization, either in whole or in part.

4. Upon downloading the Application, the Service Provider grants the User a license to use the Application according to its intended purpose. This includes the right to duplicate the Application only to the extent that such duplication is necessary for the launch, operation, and storage of the Application on the User’s device.

5. The license referred to in section 4 does not authorize the User to grant further licenses. Moreover, the User has no right—either in whole or in part—to duplicate (except as specified in section 4), distribute, sell, or otherwise circulate or disseminate the Application. This includes transmitting or making it available on the Internet, computer networks, mobile application distribution systems, or any other telecommunication systems.

§10. Final Provisions

1. The Service Provider reserves the right to make changes to these Terms and Conditions. Changes to the Terms and Conditions will be implemented by publishing a new version of the Application. The User's use of the updated version of the Application indicates acceptance of the changes by the User.

2. The Service Provider reserves the right to periodically disable access to the Application or selected functionalities of the Application when it is necessary for the expansion or maintenance of the technical or telecommunication resources of the Service Provider related to the operation of the Application.

3. In matters not regulated by the provisions of these Terms and Conditions, the relevant provisions of Polish law shall apply.

4. Disputes between the Service Provider and the Users will be resolved, in the first instance, in an amicable manner, and then will be subject to the decision of a competent Polish court based on separate legal provisions.

5. The User being a consumer has the right to use out-of-court methods of dispute resolution and claims through mediation or an arbitration court. In addition to this, the consumer can seek assistance from a municipal (county) consumer ombudsman. All necessary information can be obtained from the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. The User who is a consumer may also use electronic means to resolve disputes with the Service Provider via the ODR platform available at http://ec.europa.eu/consumers/odr/.

6. These Terms and Conditions are effective from October 9, 2023.