Terms of Service

TERMS OF SERVICE – “KTO BĘDZIE" AND "WHO IS DOWN”

Last updated: February 4, 2026

§1. General Provisions

  1. These Terms of Service govern the use of the mobile application “Who is Down” (Polish version: “Kto Będzie”) (hereinafter: “Application”)

  2. By using the Application, you agree to these Terms.

  3. If you do not agree with the Terms, please refrain from using the Application.

  4. The Application serves solely as a technical platform for creating and managing events. The Service Provider is not an organizer of events.

§2. Service Provider

The Service Provider is:

ML-Design Miłosz Leśniewski  ⁠ul. Bułgarska 59/68  ⁠60-320 Poznań, Poland  ⁠VAT ID: PL7781436321

§3. Definitions

For the purposes of these Terms:

  1. Application – the mobile app "Who is down" or “Kto Będzie” for iOS and Android.

  2. User – a natural person using the Application.

  3. Account – an individual User account within the Application.

  4. Event – a meeting, party, or other activity created by the User in the Application.

  5. Service Provider – the entity indicated in §2 of these Terms.

§4. User Age

  1. The Application may only be used by persons aged 13 or older.

  2. Persons under 18 may use the Application only with the consent of a legal guardian.

§5. Registration and Account

  1. Full functionality of the Application requires creating an Account.

  2. Registration is free of charge.

  3. The User agrees to:

    • provide accurate information during registration,

    • keep login credentials confidential,

    • notify the Service Provider immediately of any unauthorized access to their Account,

    • use the Application in accordance with its intended purpose.

§6. Services Provided by Electronic Means

In connection with the use of the Application, the Administrator may send the User messages of a technical, organizational, or transactional nature related to the operation of the Application or the provision of services by electronic means.

Such messages may concern, in particular:

  • registration of a User account,

  • confirmations or changes related to events,

  • information about actions performed within the User's account,

  • account security or changes in the functioning of the Application,

  • information related to the provision of services by electronic means.

These messages are of a system or transactional nature and are necessary for the proper provision of services within the Application and result from the agreement for the provision of electronic services concluded with the User.

Sending such messages does not constitute marketing communication and does not require the User’s separate consent.

It is not possible to opt out of receiving such messages without simultaneously discontinuing the use of the Application or deleting the User’s account.

⁠§7. Acceptable Use

  1. Users agree to use the Application in a lawful manner and in accordance with good practices.

  2. In particular, Users are prohibited from:

    • publishing unlawful, offensive, or vulgar content,

    • impersonating other individuals,

    • using the Application to send spam,

    • attempting to bypass security measures,

    • performing actions that may disrupt the Application,

    • organizing events that violate the law.

§8. Application Features

The Application enables Users to:

  • create and manage events,

  • invite guests and manage participant lists,

  • communicate between organizers and participants,

  • track RSVPs,

  • browse public events,

  • create clubs.

§9. User Content

  1. Users retain ownership of the content they publish in the Application.

  2. By submitting content, Users grant the Service Provider a non-exclusive, royalty-free license to use it solely for operating the Application.

  3. The Service Provider reserves the right to moderate or remove content that violates these Terms or applicable law.

§10. Intellectual Property

  1. All rights to the Application, including copyrights and trademarks, belong to the Service Provider.

  2. Users are granted a limited, non-exclusive license to use the Application according to its intended purpose.

§11. Disclaimer of Liability

  1. The Service Provider strives to ensure the Application functions properly, but does not guarantee uninterrupted availability.

  2. The Service Provider is not responsible for:

    • content published by Users,

    • the organization or outcome of events,

    • damages resulting from improper use of the Application,

    • interruptions caused by factors beyond the Service Provider’s control.

  3. The Service Provider is not a party to any relationships between event organizers and participants.

§12. Account Deletion

  1. Users may delete their Account at any time.

  2. Deleting an Account results in loss of access to all data and event history.

  3. The Service Provider may suspend or delete Accounts in case of violations of these Terms.

§13. Personal Data

Personal data is processed in accordance with the Privacy Policy available at a separate address provided within the Application.

§14. Changes to Terms

  1. The Service Provider reserves the right to modify these Terms.

  2. Users will be notified of changes via the Application or email in advance.

§15. Governing Law

  1. These Terms are governed by Polish law.

  2. Disputes will be resolved by courts having jurisdiction under applicable law.

§16. Contact

For questions regarding these Terms, please contact the Service Provider via the email address provided in the Application.