on the Use of the RaceMeet Mobile Application

This User Agreement (hereinafter referred to as the “Terms” or "Regulations") governs the use of the RaceMeet mobile application (hereinafter referred to as the “Application”) designed for mobile devices. The Application was developed by Track Lane Eight, P.S.A. (hereinafter referred to as the “Service Provider”) and is provided as a free service. The service is offered “AS IS”, subject to the limitations of liability in Section 8.

These Terms constitute a contract between the Service Provider and the User, which defines the rules and conditions for using the RaceMeet mobile application (hereinafter referred to as the "mobile application"), as well as the mutual rights and obligations of the parties.

These Terms constitute an adhesion contract under the Polish Civil Code.

The Agreement shall be deemed concluded from the moment the User accepts the terms of these Terms (acceptance).

Acceptance is carried out by the User performing actions to register an Account.

The Terms set forth the rules for using the mobile application, as well as the mutual rights and obligations of the parties.

1. TERMS AND DEFINITIONS

1.1. Authorization – the process of identifying a registered User by entering the User’s login and password to gain access to the User Account.

1.2. Account – a personalized section of the Application that the User gains access to after completing Registration and Authorization. The Account allows the User to use the Application’s full functionality, including creating a Pilot Profile.

1.3. Database – a collection of Information placed within the Application. All Information published in the Application, as well as the selection, grouping, and arrangement of Information, constitutes the intellectual property of the Service Provider and/or other rights holders.

1.4. Blocking – the temporary or permanent suspension of the User's access to the Application’s resources, in some cases including the prohibition of Authorization.

1.5. Content – any text, graphics, data, or media, including results, ratings, photos, and videos, placed or made available through the Application.

1.6. Information – any data or content placed (or previously placed) in the Application.

1.7. User’s Personal Data – any information that the User voluntarily provides about themselves during Registration or while using the Application, including the User’s personal data. The processing of personal data is carried out in accordance with the **Privacy Policy** published in the Application and in compliance with Regulation (EU) 2016/679 (hereinafter referred to as "GDPR").

1.8. User – an individual **aged 16 or older**, or an individual **who has obtained verifiable parental consent** for registration in accordance with the Privacy Policy, who meets the requirements of these Terms, has completed the Registration and Authorization procedures, and has unconditionally accepted these Terms in accordance with its provisions. For the purposes of these Terms, and depending on context, "User" may also refer to an individual who meets the requirements of these Terms but has not yet completed the Registration and Authorization procedures and has not accepted the Terms.

1.9. Athlete (Pilot) – a User who has created a Pilot Profile, thereby consenting to the **public dissemination** of their data (name, surname, results) for public rating and result purposes, which constitutes a core feature of the Application's public sporting service.

1.10. Registration – a set of actions performed by the User in accordance with the instructions provided in the Application, including the submission of account credentials and other information, using a special user interface form for the purpose of creating an Account, including the “pilot profile,” and obtaining access to the functionality of the Application.

2. SUBJECT AND GENERAL PROVISIONS OF THESE TERMS

2.1. These Terms establish the rules and conditions for using the Application, for placing Information within it, and the procedure for using such Information. It constitutes a contract between the User and the Service Provider.

2.2. Access to the Application, use of the Application, and/or any other actions performed by the User shall be deemed as the User’s acceptance of and agreement to comply with all terms of these Terms without reservations or exceptions.

3. REGISTRATION IN THE APPLICATION

3.1. In order to gain access to the functionality of the Application, a person must complete a series of steps by filling out the registration form (complete Registration), as a result of which a unique Account will be created for the User.

3.2. Unless otherwise specified in agreements between the User and the Service Provider, multiple Registrations are not permitted. In the event the User violates this rule, the Service Provider may block the User’s Accounts and delete the User’s Information.

3.3. The User agrees to provide truthful, accurate, and complete information about themselves in the registration form and to keep this information up to date. If any of this information changes, the User undertakes to update it within a reasonable period.

3.4. The Service Provider has the right to block the User’s Account if the User has provided false information about themselves, or if the Service Provider has grounds to believe that the information provided by the User is untrue, incomplete, inaccurate, violates the terms of these Terms, or if the User is using information belonging to third parties.

4. AUTHORIZATION IN THE APPLICATION

4.1. The User’s individual login and/or password required for Authorization in the Application are intended solely for that User. If a third-party logs into the Application using the User’s login and password, all actions performed by such a person will be considered as actions performed by the User. The User is solely responsible for all actions carried out in the Application by themselves, as well as by any third parties using the User’s login and password.

4.2. The User undertakes not to disclose or share their login and password with third parties and to take all necessary measures to ensure that their login and password are not accessible to unauthorized persons.

4.3. The User must immediately change their authorization credentials if they have reason to believe that this information has been disclosed or may be used by unauthorized third parties.

5. USER’S PERSONAL DATA (GDPR COMPLIANCE)

5.1. The Service Provider is the **Data Controller** of the Users' Personal Data within the meaning of Regulation (EU) 2016/679 (GDPR).

5.2. The processing of the User's Personal Data is carried out on the following legal bases:
a) Necessity for the performance of a contract (providing the Application's services) - Art. 6(1)(b) of the GDPR;
b) Legitimate interests of the Service Provider (e.g., analytics, responding to inquiries, defense against claims) - Art. 6(1)(f) of the GDPR;
c) User's consent (if applicable, e.g., for marketing purposes) - Art. 6(1)(a) of the GDPR.

5.3. The full list of categories of personal data processed, the purposes, and the retention periods are set out in the **Privacy Policy**, which is an integral part of these Terms.

5.4. **Special Provision for Minors and Athlete Profiles:** If a User is under the age of 16 and seeks to use the Application, verifiable parental consent is required for basic registration. Furthermore, the creation of an **Athlete (Pilot) Profile**, which involves the public dissemination of data (Purpose 2.3 of the Privacy Policy), requires **separate, explicit, and verifiable parental consent**, as detailed in the Privacy Policy.

5.5. The User has rights related to the processing of their personal data in accordance with GDPR, including:

• The right to access their data;
• The right to rectification (correct) their data;
• The right to erasure (“Right to be forgotten”); **(Note: The User acknowledges that publicly published sporting data (Purpose 2.3), including Name, Surname, Pilot's Photo, Vehicle Data/Photo, and the Result, constitute historical data essential for maintaining the integrity of the ratings and competition archive. Regarding this data (Purpose 2.3), the Right to Erasure (Art. 17 GDPR) shall not apply, as its preservation is based on the Service Provider’s legitimate interest (Art. 6(1)(f) GDPR) in maintaining public archives and takes precedence over the right to erasure. The User’s Account and all non-public data (Purpose 2.1) will be deleted upon request.)**
• The right to restriction of processing;
• The right to data portability;
• The right to object to processing (especially for direct marketing purposes).

5.6. The User has the right to lodge a complaint with the supervisory authority, which in Poland is the **President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych - PUODO)**, if they believe that the processing of their data violates the GDPR.

5.7. Detailed information on data processing, including retention periods and data recipients, is contained in the **Privacy Policy**, which is an integral part of these Terms.

6. POSTING INFORMATION IN THE APPLICATION

6.1. By posting Information in the Application, the User guarantees that they possess all necessary rights to publish such Information. If the User does not have the proper rights to post any Information in the Application, the User agrees not to post such Information.

6.2. The Service Provider grants the User the ability to post Information in the Application strictly within the framework of the provided functionality.

6.3. When using the Application, the User is not allowed to upload, send, transmit, or in any other way post and/or distribute Information that:

6.3.1. is illegal, harmful, defamatory, offensive to public morality, depicts or promotes violence and cruelty, or contains insults directed at Users and/or third parties;

6.3.2. violates individuals’ rights to privacy and public order;

6.3.3. contains elements of (or promotes) pornography, child erotica, or constitutes advertising or promotion of sexual services (including under the guise of other services);

6.3.4. explains how to produce, use, or otherwise apply narcotic substances or their analogues, explosives, or other weapons;

6.3.5. contains unauthorized advertising, spam (including search engine spam), lists of third-party email addresses, pyramid schemes, multi-level (network) marketing (MLM), “make money online” systems and “email businesses,” “chain letters”;

6.3.6. promotes hatred and/or discrimination based on race, ethnicity, gender, religion, or social status;

6.3.7. contains viruses or other computer codes, files, or programs designed to disrupt, destroy, or limit the functionality of any computer or telecommunication equipment and/or software, including tools for unauthorized access, serial numbers for commercial software products, programs to generate them, login credentials, passwords, or other tools for accessing paid resources on the global Internet, as well as links to such information;

6.3.8. violates legally protected property and/or personal non-property rights and legitimate interests of Users and/or third parties;

6.3.9. contains other information the dissemination of which is prohibited or restricted in accordance with the legislation of the **Republic of Poland**.

6.4. If the User is uncertain about the legality of certain actions in the Application, including posting Information, the User must refrain from taking such actions.

6.5. In the event of a dispute, the burden of proving that the Information posted by the User does not violate the rights of third parties lies with that User.

6.6. The Service Provider may refuse to allow the posting of any Information (and may also delete and/or edit it) that the User intends to or has already posted in the Application, **if such Information violates these Terms or applicable law.**

7. USE OF THE APPLICATION

7.1. The User is permitted to use the Application only in accordance with these Terms and solely in the ways provided for by the technical capabilities and interface of the Application.

7.2. When using the Application, the User undertakes to:

7.2.1. not violate the rights of third parties;

7.2.2. not impersonate another person or a representative of an organization or association without sufficient authority, including not impersonating employees of the Service Provider, the owner (administrator) of the Application, or other resources of the global Internet; not engage in any other forms or methods of unlawful or dishonest misrepresentation in communication networks (including the Internet); and not mislead other Users or the Service Provider regarding the properties and characteristics of persons or objects;

7.2.3. not upload, send, transmit, or in any other way post and/or distribute materials and information without having the rights to do so under applicable law or contractual relationships, including not uploading photographs protected by watermarks from third-party sources;

7.2.4. not process personal data of third parties in an unlawful and/or unauthorized manner;

7.2.5. not assist in violations of the restrictions and prohibitions imposed by these Terms and/or applicable law;

7.2.6. not otherwise violate applicable law or use the Application for the purpose of violating such laws.

7.3. Without the written permission of the Service Provider, the User undertakes not to use automated programs to access the Application for the purpose of extracting, collecting, processing, copying and/or subsequently distributing the Information presented in the Application and in the Database.

7.4. Users agree to use the Information solely for personal, non-commercial purposes, unless otherwise permitted by the Service Provider.

8. OPERATION OF THE APPLICATION AND LIABILITY DURING ITS USE

8.1. The Service Provider endeavors to ensure the stable operation of the Application, but does not guarantee that the Information posted in the Application will be available at all times or that it will not be deleted or lost. The Service Provider bears no responsibility for failures or delays in the operation of the Application, nor for any consequences resulting from such failures or delays, **except to the extent caused by the Service Provider's willful misconduct or gross negligence, or where such liability cannot be excluded by law.**

8.2. The Service Provider is not liable for any potential leakage of Information from the Application's Database as a result of unauthorized actions by third parties, **provided that the Service Provider has implemented reasonable and legally required security measures.**

8.3. The Service Provider is not liable for the presence of viruses in the Application, nor for any consequences of the User’s mobile devices being infected by viruses or other malicious software, **but will take reasonable measures to prevent such occurrences.**

9. FORCE MAJEURE (Siła wyższa)

9.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under these Terms if they can prove that such failure resulted from force majeure circumstances, including but not limited to: any decree, regulation, or written order from a government authority, department, or agency claiming jurisdiction over the activities of the Parties or their representatives; fire, flood, strike, natural disasters; enacted regulations or laws preventing proper fulfillment of the Parties’ obligations under these Terms; disruptions with the Service Provider’s Internet provider; interference in communication channels which the Parties could not foresee and/or prevent by reasonable measures, and which were not expected or taken into account at the time of entering into these Terms.

10. FINAL PROVISIONS

10.1. The legislation of the **Republic of Poland** shall apply to these Terms and to the relationship between the User and the Service Provider arising from the use of the Application. All disputes arising from the relations governed by these Terms shall be resolved in accordance with the procedures established by the current legislation of the **Republic of Poland**.

10.2. Users’ information is protected only to the extent provided by these Terms and the legislation of the **Republic of Poland**, in particular the provisions of the GDPR.

10.3. The form and method of concluding these Terms are subject to the norms of the **Polish Civil Code** (Kodeks cywilny) governing the procedure and conditions for concluding a contract by acceptance.

10.4. The Terms may be amended by the Service Provider. The Service Provider undertakes to notify Users of significant changes to the Terms at least **14 (fourteen) days** before they enter into force by publishing them in the Application and/or by sending an email notification.

10.5. If the User does not agree with the amendments, the User has the right to terminate the Terms (by ceasing to use the Application and deleting their Account) before the effective date of the changes. Continued use of the Application after the effective date of the changes constitutes the User's acceptance of the new version of the Terms.

10.6. These Terms may be terminated by mutual consent of the parties or unilaterally by the User in case of disagreement with changes or additions made by the Service Provider (in accordance with clause 10.5). If the User intends to terminate these Terms unilaterally, they must immediately stop using the Application.

10.7. The Application is the intellectual property of the Service Provider and may be used only with the Service Provider’s permission. Any use of the Application without the Service Provider’s permission, or for purposes not permitted by the Terms, is unlawful and may result in the User being held liable.

10.8. Any matters not regulated by these Terms shall be governed by the applicable legislation of the **Republic of Poland**.

Service Provider Details:

Track Lane Eight, P.S.A.

Legal address: Legionowa Street 10, room 208, 15-099 Bialystok, Poland

NIP: 5423505336

Contact Email: **contact@racemeet.com**

DPO Email: **dpo@racemeet.com**