Terms of Service

Effective Date: 11 of April 2025

Version: 1.1

Agreement

These Terms of Service (“Terms”) govern your access to and use of the ForaPlot website (the “Website”) and the ForaPlot mobile application (the “App”), collectively referred to as the “Services,” provided by the operators of ForaPlot (“we,” “us,” or “our”).

By accessing, downloading, installing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available here). If you do not agree to these Terms or the Privacy Policy, you must not access or use the Services.

1. Definitions

• “Services”: Refers to the ForaPlot Website, the ForaPlot App, and all related features, content, and functionalities provided by us.
• “App”: Refers to the ForaPlot mobile application available on platforms like the Apple App Store.
• “Website”: Refers to the ForaPlot website accessible via a web browser.
• “User”, “You”, “Your”: Refers to any individual accessing or using the Services.
• “Plot”: Refers to an activity, event, or gathering created or listed via the Services.
• “Plotter”: Refers to a User of the ForaPlot App.
• “Content”: Refers to any text, images, video, audio, location data, information, or other materials generated, provided, or otherwise made available through the Services by us or by Users.
• “User Content”: Refers to Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services (e.g., profile information, Plot details, chat messages, reports).

2. Eligibility and Age Requirements

• You must be at least 16 years old to create an account and use the Services. This aligns with the age of digital consent under GDPR for information society services in Poland and many other EU member states.
• By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement. If you are between 16 and 18 years old (or the age of majority in your jurisdiction), you represent that you have reviewed these Terms with your parent or legal guardian and they have agreed to these Terms on your behalf.
• We do not knowingly collect personal information from children under 16. If we learn we have collected personal data from a child under 16, we will take steps to delete such information promptly.

3. Account Registration and Security

• To access certain features of the App (and potentially future Website features), you must register for an account.
• You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
• You are responsible for safeguarding your account credentials (e.g., password, phone used for OTP). Do not disclose your credentials to any third party.
• You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account via hello@foraplot.com.
• You are responsible for all activities that occur under your account, whether or not you authorized them.

4. Description of Services

• ForaPlot provides a platform designed to facilitate the organization of and participation in real-life activities (“Plots”) and connect users (“Plotters”) with shared interests.
• Features include creating and discovering Plots, managing participation, user profiles, friend connections, in-app chat, and location-based services for finding nearby activities and users.
• The Services are provided "as is" and "as available." We may modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, although we will strive to provide reasonable notice for significant changes where feasible.

5. User Conduct and Acceptable Use

You agree not to misuse the Services or help anyone else do so. You agree not to engage in any of the following prohibited activities:

• Using the Services for any illegal or unauthorized purpose, or in violation of any local, state, national, or international law (including Polish law and GDPR).
• Posting or transmitting User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Posting or transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
• Interfering with or disrupting the Services, servers, or networks connected to the Services.
• Attempting to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Collecting or storing personal data about other users without their express consent or in violation of our Privacy Policy or applicable law.
• Engaging in any activity that is harmful to minors.
• Using the Services to organize or participate in activities that are inherently dangerous, illegal, or violate the safety or rights of others.
• Violating any applicable community guidelines we may publish.

We reserve the right, but have no obligation, to monitor User activity and User Content and to remove any User Content or suspend/terminate accounts that we believe violate these Terms or are otherwise harmful.

6. User-Generated Content (UGC)

• You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights and permissions to your User Content and that its use within the Services does not violate any third-party rights or applicable laws.
• By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating, developing, providing, and promoting the Services. This license ends when you delete your User Content or your account, except to the extent your User Content has been shared with others and they have not deleted it, or for backup/archival purposes as permitted by law.
• We do not claim ownership of your User Content.
• We have the right (but not the obligation) to review, screen, or remove any User Content at our discretion if it violates these Terms or applicable laws.

7. Intellectual Property Rights

Our IP:

The Services and their original content (excluding User Content), features, and functionality are and will remain the exclusive property of the operators of ForaPlot and its licensors. The Services are protected by copyright, trademark, and other laws of Poland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use in accordance with these Terms.

Your Content:

As stated in Section 6, you retain ownership of your User Content.

8. Location Services

• The App utilizes location services on your device to provide core functionalities, such as finding nearby Plots and Plotters.
• We collect precise geolocation data (foreground and, with your explicit consent, background) as described in our Privacy Policy.
• You can control location permissions through your mobile device's settings. Disabling location services may significantly limit or prevent the use of certain App features.

9. Safety and Interactions Between Users

• ForaPlot is a platform to facilitate connections and activities. You are solely responsible for your interactions with other Users, both online and offline during Plots.
• We do not conduct criminal background checks or identity verification checks on our Users. We do not guarantee the accuracy of information provided by Users or the conduct of Users.
• Exercise caution and good judgment in all interactions. Meet in public places for initial interactions. Report any suspicious or inappropriate behavior immediately through the App's reporting features or by contacting us at hello@foraplot.com.
• You agree to release the operators of ForaPlot Team from any claims, demands, and damages arising out of or in any way connected with your interactions with other Users or your participation in Plots, to the fullest extent permitted by law.

10. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, process, and disclose information about you, including your personal data. By using the Services, you agree that we can use such data in accordance with our Privacy Policy. The Privacy Policy is incorporated by reference into these Terms.

11. Third-Party Links and Services

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by us. We do not endorse and are not responsible or liable for the content, products, services, or privacy practices of such third parties. You access third-party resources at your own risk.

12. Termination

By You:

You may stop using the Services and terminate your account at any time by following the instructions within the App or contacting us.

By Us:

We may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination include, but are not limited to:

• A breach of these Terms.
• Engaging in illegal or harmful activities.
• Prolonged inactivity.
• Actions that risk harm or liability to us, our Users, or the public.

Effect of Termination:

Upon termination, your right to use the Services will cease immediately. We may delete your account and User Content, subject to our data retention practices outlined in the Privacy Policy and applicable law. Clauses intended to survive termination (e.g., Disclaimers, Limitation of Liability, Indemnification, Governing Law) shall survive.

13. Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING POLISH CONSUMER LAW), WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT:

• The Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
• The quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content obtained through the Services.
• The conduct of other Users or the safety or suitability of any Plots.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING POLISH CONSUMER LAW), THE OPERATORS OF FORAPLOT (WIKTORIA TYC AND MICHAŁ GROCHOWSKI) AND ANY AFFILIATED PARTIES (IF ANY IN THE FUTURE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services;
• Any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
• Any content obtained from the Services; or
• Unauthorized access, use, or alteration of your transmissions or content.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OPERATORS OF FORAPLOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

NOTE: THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR DEATH OR BODILY INJURY, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, PARTICULARLY CONSUMER PROTECTION LAWS IN POLAND AND THE EU. THE LEGAL IMPLICATIONS OF THE SERVICE BEING OPERATED BY INDIVIDUALS MAY AFFECT THE ENFORCEABILITY OF THESE LIMITATIONS COMPARED TO A LIMITED LIABILITY COMPANY.

15. Indemnification

You agree to defend, indemnify, and hold harmless the operators of ForaPlot (Wiktoria Tyc and Michał Grochowski) and any future officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Services or Content,
• Your User Content,
• Your violation of these Terms, or
• Your interaction with any other User or participation in any Plot.

16. Modifications to the Terms or Services

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material (as determined in our sole discretion), we will provide reasonable notice prior to the new terms taking effect, such as by posting the updated Terms on the Website and/or App, or by sending you an email notification. What constitutes a material change will be determined at our sole discretion but will comply with requirements under Polish consumer law regarding notice periods.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Services.

17. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions.
• Informal Resolution: We encourage you to contact us first at hello@foraplot.com to seek resolution of any dispute informally.
• Jurisdiction: You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the competent courts located in Poland.
• EU Online Dispute Resolution (ODR): If you are a consumer residing in the European Union, you may be entitled to use the European Commission's Online Dispute Resolution platform, which can be accessed at http://ec.europa.eu/odr.

18. Miscellaneous

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and the operators of ForaPlot concerning the Services and supersede all prior agreements or understandings, whether written or oral.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets, or if ForaPlot formally registers as a company.
• Notices: Any notices or other communications provided by us under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

19. Apple App Store Additional Terms

If you access or download the App from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement. You acknowledge and agree that:

• These Terms are concluded between you and the operators of ForaPlot only, and not with Apple. We, not Apple, are solely responsible for the App and its content.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• We, not Apple, are responsible for addressing any claims you have or any third-party claims relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

20. Contact Information

If you have any questions about these Terms, please contact the ForaPlot Team at:

Email: hello@foraplot.com