Terms of Service

Version in force from 20.08.2025:

I. General Provisions

1. These Terms of Service (hereinafter "Terms") define the scope and rules for the provision of the electronic service of access to the "I must visit" Platform (hereinafter "Platform"), provided by PERFECTCLUE Sp. z o.o., with its registered office in Rzeszów, ul. Zimowit 42, 35-605 Rzeszów, Poland, entered into the Register of Entrepreneurs kept by the District Court in Rzeszów, XII Commercial Division of the National Court Register under number: 0000986621, NIP (Tax ID): PL8133882813, REGON (Business ID): 522791227.
2. The Service Provider reserves the right to amend these Terms for important reasons, such as changes in legal regulations (including adaptation to the Digital Services Act), introduction of new functionalities, changes in commercial conditions, or the need to adapt to security requirements. The Service Provider will inform about significant changes through appropriate announcements on the website https://imustvisit.com/en/terms and, in the case of Registered Users, by e-mail to the provided address, at least 7 days before they come into effect. If the User does not accept the changes, they have the right to terminate the Agreement by deleting their Account before the date the changes come into effect. Continued use of the Platform after this date is equivalent to accepting the changes.
3. Communication between the Service Provider and the User, including all statements, shall be conducted electronically via the e-mail address: [email protected].

II. Definitions

For the purposes of these Terms, the following definitions are adopted:

1. Service Provider - the entity providing the service of access to the Platform, i.e., PERFECTCLUE Sp. z o.o.
2. User - a natural person, legal person, or organizational unit using the Platform. Users are divided into Unregistered and Registered. A User must be an adult who has reached the age of 18.
3. Registered User - a User who has an Account on the Platform.
4. Unregistered User - a User who has not registered.
5. Third Parties - business entities whose Commercial Information may be placed on the Platform.
6. Commercial Information - commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services.
7. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council.
8. Service - the Service Provider's provision consisting of making the Platform available.
9. Agreement - an agreement for the provision of electronic services, concluded with a Registered User upon registration, and with an Unregistered User upon commencing use of the Service.
10. User Content - all materials, including but not limited to Videos, comments, messages, profile pictures, descriptions, and other data and information that the User uploads, publishes, or otherwise makes available on the Platform.
11. Video - videos presented on the Platform added by Registered Users.
12. User Account - a collection of resources and settings created for a Registered User.
13. Place Profiles - resources on the Platform associated with a specific place, city, region, or country.
14. Paid Plan - additional functionalities of the Platform available to Registered Users for a fee.
15. Subscription - a periodic payment for using a Paid Plan.

III. Unregistered Users

1. Unregistered Users have access to some materials on the Platform but cannot add Videos or use other functionalities that require an account.
2. The Agreement with an Unregistered User is concluded at the moment of using the Service, i.e., opening the Platform and/or playing any Video.

III. Unregistered Users

1. Unregistered Users have access to some materials on the Platform but cannot add Videos or use other functionalities that require an account.
2. The Agreement with an Unregistered User is concluded at the moment of using the Service, i.e., opening the Platform and/or playing any Video.

IV. Registered Users

1. Registration is done by filling out the form on the website https://imustvisit.com/en/account/register.
2. The moment of clicking the "Register" button is equivalent to concluding the Agreement.

V. Provision of the Service

1. The Service consists of making the Platform available, where Registered Users can add Videos and use other functionalities, including game elements such as quests, rankings, creating a map of places, and commenting.
2. The Platform is available without territorial restrictions.
3. Commercial Information of the Service Provider and/or Third Parties may be presented on the Platform.
4. Access to the basic version of the Platform is free of charge. However, Registered Users may purchase a Paid Plan.
5. The Service Provider reserves the right to continuously develop the Platform and introduce changes to its functionalities and available languages. These changes do not require an update of these Terms, provided they do not significantly limit the basic functionalities of the Service, especially those covered by a Paid Plan.
6. All gamification elements available on the Platform, including but not limited to points, badges, positions in rankings, and User statuses, are purely virtual and motivational. They serve only to make the use of the Service more attractive. These elements have no monetary value, are not exchangeable for cash, goods, or services, and cannot be traded.

VI. Adding Videos

1. Videos can only be added by Registered Users.
2. After being added, a Video is usually automatically processed and becomes visible on the Platform. However, the Service Provider reserves the right to verify and moderate User Content both before and after its publication. Videos must be up to 60 seconds long and recorded in a vertical aspect ratio (9:16). If a video is longer, it will be trimmed. Videos in other aspect ratios will be automatically cropped to a vertical ratio.
3. The Registered User undertakes to select the exact location and date of the Video recording.
4. The Service Provider reserves the right to reject a Video, including without providing a reason.
5. A Video constitutes a work within the meaning of Art. 1 para. 1 of the Act on Copyright and Related Rights.

VII. Grant of License

1. By adding User Content, the User grants the Service Provider a non-exclusive, royalty-free, transferable, worldwide, and perpetual license to use it in all fields of exploitation known at the time of concluding the agreement and in the future, including in particular: recording, reproducing by any technique, introducing to the market, introducing into computer memory, making publicly available on the Platform, in social media, in the Service Provider's marketing and promotional materials in any form, and also grants the right to sublicense to other entities. The license also includes the right of the Service Provider to make any modifications, adaptations, including cropping, translating, combining the content with other materials, and creating derivative works.
2. Deleting the account or terminating the Agreement does not revoke the granted license.
3. The User represents and warrants that they hold full copyright and all other intellectual property rights to the added User Content, that this content is free from legal defects and third-party claims, and that they have obtained all necessary consents from persons visible in the Video for the use and dissemination of their image to the extent specified in these Terms, as well as the consent of the owners of real and movable property for their depiction in the video. The User bears full and exclusive liability for any violations in this regard.

VIII. Disclaimer of the Service Provider's Liability

1. To the fullest extent permissible by law, the Service Provider's liability for materials posted by Users and for the operation of the Platform is excluded. This exclusion does not apply to damages caused by the Service Provider through willful misconduct.
2. The Service Provider is not liable in particular for:
   1. Any damages (direct, indirect, incidental, consequential) resulting from the use of the Service, unless they result from the Service Provider's willful misconduct or gross negligence.
   2. Content shared by Users.
   3. Content and interactions between Users.
   4. Errors, inaccuracies, or claims arising from content generated automatically by AI.
   5. Non-performance or improper performance of services due to force majeure events, including natural disasters, wars, DDoS attacks, failures of cloud service providers, or global internet outages.
   6. Technical damages resulting from the incompatibility of the Platform with the User's devices, software, or operating systems.
   7. Actions or omissions of Users, including for damages caused by them to third parties.
   8. Unauthorized access to the User Account resulting from the User's negligence of security rules (e.g., sharing the password).
3. The User undertakes to indemnify the Service Provider and hold it harmless and cover all legal costs in the event that a third party files a claim against the Service Provider due to the User's content.
4. Information in Place Profiles, including descriptions and translations, may be generated automatically, including with the use of artificial intelligence. This content is for informational and illustrative purposes only. The Service Provider bears no responsibility for its accuracy, completeness, truthfulness, timeliness, or reliability. The User acknowledges that they should not rely on this content for matters of safety, navigation, or making financial decisions. The use of this content is at the User's sole risk.

IX. Intellectual Property Rights

1. All rights to the Platform, including its name, logo, graphic elements, software, databases, and all other materials, are the exclusive property of the Service Provider.
2. The User has no right to use, copy, reproduce, or distribute these elements without the prior written consent of the Service Provider.

X. Prohibition of Providing Unlawful Content

1. The User undertakes to use the Platform in a manner consistent with the law, these Terms, and good practices.
2. It is prohibited for Users to provide Content that:
   1. Violates Polish or international law.
   2. Is racist, xenophobic, pornographic, or incites hatred or violence.
   3. Infringes upon the intellectual property rights of third parties, including copyrights and trademark rights.
   4. Violates personal rights, including the right to image and privacy.
   5. Contains personal data of third parties without their consent.
   6. Constitutes spam, unsolicited commercial information, or is used for marketing activities not agreed upon with the Service Provider.
   7. Contains viruses or other malicious code that could disrupt the operation of the Platform.
   8. Promotes dangerous activities or behaviors.
3. The Service Provider reserves the right to remove content that violates the Terms or the law and to temporarily or permanently block the User's Account, in accordance with the procedures described in Section XI below.

XI. Content Reporting, Moderation, and Appeals System (DSA Compliance)

1. Reporting Illegal Content. Any person or entity may report to the Service Provider the presence of specific content on the Platform that they consider to be illegal. Reports can be made using the "Report" mechanism provided on the Platform or by e-mail to: [email protected]. The report should be sufficiently precise and adequately justified.
2. Moderation Decisions. Upon receiving a report or as a result of its own moderation activities, the Service Provider may decide to remove content, block access to it, suspend or delete a User's Account, or suspend the provision of the Service.
3. Statement of Reasons. In the event of a decision as referred to in pt. 2, the Service Provider will, without undue delay, inform the respective User of its decision and the reasons for it. The statement of reasons will include, among other things, information about the scope of the decision (e.g., content removal), the basis for the decision (e.g., violation of a term), and information about the possibilities for appeal.
4. Internal Complaint-Handling System. A User affected by a moderation decision has the right to file a complaint against that decision within 6 months of receiving information about it. Complaints should be submitted by e-mail to: [email protected]. The complaint will be processed in a timely, non-discriminatory, and non-arbitrary manner. The Service Provider will inform the complainant of its decision resulting from the complaint review.
5. Misuse of the System. The Service Provider reserves the right to suspend, after a prior warning, for a reasonable period, the ability to submit reports or complaints by persons who frequently and manifestly submit unfounded reports or complaints.
6. Out-of-Court Dispute Resolution. Users have the right to use out-of-court dispute resolution before bodies certified in accordance with Art. 21 of the Digital Services Act.

XII. Paid Plans, Payments, and Right of Withdrawal

1. Paid Plans are available only to Registered Users. Details regarding functionalities and prices can be found at: https://imustvisit.com/en/business.
2. The agreement for a Paid Plan is concluded after clicking "Choose" and providing payment details to an external Payment Provider (e.g., Stripe).
3. The billing period is 1 month. Payments are automatically charged to the User's account. The User can cancel the subscription at any time. The subscription remains valid until the end of the current billing period.
4. Canceling a subscription does not affect the validity of the main Agreement for the provision of the Service.
5. A User who is a consumer has the right to withdraw from the Paid Plan Agreement within 14 days of its conclusion.
6. The User acknowledges that by giving express consent to the immediate commencement of the Service, they lose their right to withdraw from the agreement. Such consent is collected during the purchase process of the Paid Plan.
7. All statements of withdrawal from the agreement should be sent to the e-mail address: [email protected].

XIII. Termination of the Agreement

1. The provision of the Service is for an indefinite period.
2. The User may terminate the Agreement at any time by ceasing to use the Service or by sending a statement to the e-mail address: [email protected].
3. The Service Provider may terminate the Agreement with a 14-day notice period, informing the User by e-mail. For Users with an active Paid Plan, termination of the agreement by the Service Provider without a valid reason will take effect at the end of the paid billing period. The Service Provider may terminate the Agreement with immediate effect if the User flagrantly violates the provisions of these Terms.

XIV. Complaint Procedure

1. Complaints should be submitted to the e-mail address: [email protected]. They should include a detailed description of the situation and documented evidence. Complaints without the required information may be left unresolved.
2. The Service Provider will respond to the complaint within 14 days.

XV. Personal Data Protection

1. The rules for processing Users' personal data, including the legal bases, purposes, and processing periods, are described in detail in the Privacy Policy available at: https://imustvisit.com/en/privacy.
2. The User is solely responsible for the correctness, truthfulness, and currency of the provided personal data.

XVI. Governing Law and Final Provisions

1. Any disputes arising from these Terms will be resolved based on Polish law, and the competent court will be the courts in Rzeszów, Poland, unless mandatory provisions of law in the consumer User's country of habitual residence state otherwise.
2. Out-of-Court Consumer Dispute Resolution. A User who is a consumer has the right to use out-of-court methods of complaint handling and claim assertion. Detailed information on the possibility for a consumer to use out-of-court methods of complaint handling and claim assertion and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and at the internet address of the Office of Competition and Consumer Protection. A User who is a consumer may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. The ODR platform is available at: http://ec.europa.eu/consumers/odr/.
3. The above provisions do not exclude the User's rights to which they are entitled under the mandatory provisions of law in their place of habitual residence, insofar as those provisions do not allow for a choice of jurisdiction and law.
4. Should any of the provisions of these Terms be deemed invalid or ineffective by a final court judgment, the remaining provisions shall remain in force. The Service Provider will endeavor to replace the invalid provision with a provision that is lawful and reflects the original intent.
5. In the event of any discrepancy between the Polish version and a version of the Terms in another language, the Polish version shall prevail.
6. The Terms are permanently available free of charge at: https://imustvisit.com/en/terms.