End User License Agreement (EULA) for the Sky Dreams App

Introduction

This End User License Agreement ("Agreement") governs your use of the Sky Dreams mobile application (the "App") and constitutes a legally binding agreement between you and Sky Dreams S.C. Please read this Agreement carefully before using the App.

The App is provided by:

Sky Dreams S.C.
ul. Śliska 4
61-369 Poznań
Poland

Contact email: info@skydreams.pl

Important Information

Please note that certain provisions of this Agreement apply only to specific categories of users. In particular, some provisions apply exclusively to consumers or, alternatively, only to users who are not considered consumers under applicable law. Such limitations are expressly indicated in the relevant clauses. Unless otherwise stated, all provisions apply to all users.

TERMS OF USE

Unless otherwise specified, the terms set out in this section apply generally to your use of the App.

Additional or specific terms may apply in certain situations and are identified where relevant throughout this Agreement.

By using the App, you represent and warrant that:

• you are at least 18 years of age;
• you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country; and
• you are not listed on any U.S. government list of prohibited or restricted parties.

Account Registration

To use the App, you may be required to register for or create an account by providing complete, accurate, and truthful information. Certain features of the App may also be available without creating an account, although access to some functionality may be limited.

You are responsible for maintaining the confidentiality of your login credentials and must choose a password that meets the security requirements established by the App.

By registering an account, you accept full responsibility for all activities carried out under your username and password. You must immediately notify us, using the contact information provided in this Agreement, if you suspect any unauthorized use of your account or any breach, disclosure, or theft of your personal information or login credentials.

Account Registration Requirements

Registration of an account is subject to the following conditions:

• Accounts may not be created using bots or any automated methods.
• Unless otherwise specified, you may register only one account.
• Your account may not be shared with other individuals unless expressly permitted.

Account Closure

You may close your account and stop using the App at any time by contacting us using the contact details provided in this Agreement.

Suspension and Termination of Accounts

We reserve the right to suspend or terminate your account at any time and without prior notice if we determine, at our sole discretion, that your account is inappropriate, abusive, or in violation of this Agreement.

The suspension or termination of an account does not entitle you to any compensation, reimbursement, or refund.

Suspension or termination resulting from your breach of this Agreement does not relieve you of your obligation to pay any fees or charges that may be due.

App Content

Unless otherwise specified, all content available within the App is owned by us or our licensors.

We make every reasonable effort to ensure that the content available through the App complies with applicable laws and respects the rights of third parties. However, this may not always be possible. If you believe that any content infringes your rights, without prejudice to any legal remedies available to you, please notify us using the contact information provided in this Agreement.

Removal of Content Available Through the App

If reported content is determined to be inappropriate or in violation of this Agreement, it will be removed, and the individual responsible for providing such content may have their access to the App suspended or terminated.

Access to Third-Party Resources

While using the App, you may access resources or services provided by third parties.

You acknowledge and agree that we have no control over such third-party resources and assume no responsibility for their content, availability, or operation.

Any rights granted with respect to third-party resources are governed exclusively by the applicable terms and conditions of those third parties or by applicable law.

Acceptable Use

The App may only be used for its intended purpose and in accordance with this Agreement and all applicable laws and regulations.

You are solely responsible for ensuring that your use of the App does not violate any applicable law, regulation, or the rights of any third party.

We reserve the right to protect our legitimate interests by denying access to the App, terminating user accounts, and reporting any unlawful or improper conduct to the appropriate authorities if you engage in, or are reasonably suspected of engaging in, any of the following:

• violating applicable laws, regulations, or this Agreement;
• infringing the rights of third parties;
• materially harming our legitimate interests; or
• engaging in abusive, offensive, or harmful conduct toward us or any third party.

Software License

All intellectual property rights, industrial property rights, and any other exclusive rights relating to the software or technical features associated with our Application are owned by us and/or our licensors.

Provided that you comply with these terms, we grant you a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the software and other technical features of our Application solely for its intended purpose.

This license does not grant you any right to access, use, modify, or distribute the original source code. All techniques, algorithms, and procedures contained in the software and its related documentation remain the exclusive property of us and/or our licensors.

All rights and licenses granted to you shall immediately expire upon termination or expiration of this Agreement.

Notwithstanding the above, under this license you may download, install, use, and operate the software on any number of devices, provided that your devices comply with current technological and market standards.

We reserve the right to release updates, upgrades, and improvements to our Application and related software. You may be required to download and install such updates in order to continue using the software.

However, access to entirely new versions or releases of the software may require the purchase of a separate license.

Regardless of the above, you agree to immediately delete all copies of the software upon expiration or termination of the license.

The software license shall remain valid and functional for two (2) years from the date the software is made available to you, and in any event for the entire duration of any subscription period, in accordance with the terms of this Agreement, including, without limitation, required updates.

You acknowledge that the possibility of errors and occasional technical failures is inherent in the nature of software. To the extent required by applicable law and/or this Agreement, we undertake to remedy any defects and/or failures affecting the functionality of the software during the validity period, provided that such defects or failures are not caused by improper or incorrect use of the software, including (without limitation) your failure to install required updates.

Purchases Through App Stores

Our Application or specific products available for purchase may be purchased through a third-party app store.

To access such purchases, you must follow the instructions provided by the relevant online store (such as the Apple App Store or Google Play Store), which may vary depending on your device.

Unless otherwise specified, purchases made through third-party online stores are also subject to the terms and conditions of those providers. In the event of any conflict, the terms of the relevant third-party provider shall prevail over these terms.

You must carefully read and accept the applicable sales terms of those providers.

Termination of the Agreement

Subscriptions may be terminated by sending us a clear and unambiguous notice of termination using the contact details provided in this Agreement.

LIABILITY AND INDEMNIFICATION

We limit our liability to the maximum extent permitted by applicable law in connection with the performance of agreements with you.

This means that our liability for damages shall be limited to the greatest extent permitted by law, unless expressly stated otherwise or otherwise agreed with you.

Indemnification

You agree to indemnify and hold harmless us, our affiliates, directors, officers, and employees from and against any third-party claims arising from your breach of these terms or infringement of third-party rights in connection with your use of the service, to the extent permitted by applicable law.

Limitation of Liability

Unless expressly stated otherwise and subject to applicable law, you may not claim damages from us (or from any person or entity acting on our behalf).

However, this limitation does not apply to damages involving life, health, or physical integrity, damages resulting from a breach of essential contractual obligations (meaning obligations necessary for the performance of the Agreement), and/or damages resulting from intentional misconduct or gross negligence, provided that the Application has been used properly and in accordance with its intended purpose.

If damages do not result from intentional misconduct or gross negligence and do not concern life, health, or physical integrity, our liability shall be limited to damages that were typical and foreseeable at the time the Agreement was concluded.

Users in the United States

Disclaimer of Warranties

Our Application is provided on an "as is" and "as available" basis. You use the Application at your own risk.

We expressly disclaim all warranties and representations, whether express, implied, statutory, or otherwise, including warranties regarding the quality of the service, its suitability for your needs, or whether it infringes the rights of any other person.

Please note that no advice or information obtained from us or through our service creates any warranty beyond those expressly stated in this Agreement.

Although we make reasonable efforts to provide accurate and reliable content, we cannot guarantee that the content will always be accurate or complete. We do not guarantee that the service will always meet your requirements or be available whenever you need it.

The service may experience interruptions or may not function properly due to factors beyond our control. Although we make reasonable efforts to maintain reliable operation, we cannot guarantee that the service will be free from harmful elements such as viruses.

If you choose to download any content through our service, you do so at your own risk, and we are not responsible for any damage that such content may cause to your devices or data.

We do not endorse or guarantee any products or services advertised through our service or through any links provided by us. We are not involved in transactions between you and third-party providers, and any interactions or agreements with such providers are solely your responsibility.

Our service may not always be available or may not function properly with your web browser, mobile device, or operating system. Although we strive to ensure reliable operation, we cannot guarantee uninterrupted functionality in every situation.

Accordingly, we clarify that we shall not be liable for any actual or perceived damages resulting from issues related to the content, operation, or use of our service.

Although certain exclusions and limitations may be included in this Agreement, they may not apply to you depending on the laws applicable in your jurisdiction.

Federal law, as well as the laws of certain states and other jurisdictions, may provide protections that exceed our disclaimers and limitations. This means that you may have specific legal rights that are not affected by this Agreement.

It is important that you understand your legal rights, as they may vary depending on your state or country. Any disclaimers or limitations contained in this Agreement shall apply only to the extent permitted by applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, neither we nor our subsidiaries, affiliates, employees, directors, agents, partners, suppliers, or representatives shall be liable for:

• any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or relating to your use of, or inability to use, the service, including damages resulting from loss of profits, reputation, data, use, or other intangible losses;
• any damages, losses, or injuries resulting from hacking, tampering, or unauthorized access to your account or information stored within it;
• any errors, mistakes, or inaccuracies in the content provided;
• personal injury or property damage resulting from the use of the service;
• unauthorized access to our servers or personal information stored on them;
• interruption or termination of transmissions to or from the service;
• viruses, worms, Trojan horses, or other harmful components transmitted through the service;
• errors or omissions in any content transmitted, published, or made available through the service;
• defamatory, offensive, or unlawful conduct of any user or third party.

Our total liability shall be limited to the amount you paid to us during the previous twelve (12) months or the duration of your agreement with us, whichever period is shorter.

This limitation of liability shall apply to the maximum extent permitted by law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Please note that in some jurisdictions, exclusions or limitations of liability for incidental or consequential damages may not be permitted. Therefore, these limitations or exclusions may not apply to you.

You may have specific legal rights that vary depending on your jurisdiction. The exclusions, disclaimers, and limitations of liability set out herein shall not apply to the extent prohibited by applicable law.

Indemnification

By using the service, you agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates, employees, directors, agents, partners, and representatives from and against any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:

• your use of the service, including any data or content you upload, submit, or receive;
• your violation of these terms, including any breach of representations or warranties;
• your infringement of third-party rights, including privacy rights or intellectual property rights;
• your violation of applicable laws, rules, or regulations;
• any content submitted through your account, including content submitted by third parties who gained access through your password or other security measures;
• your intentional misconduct; or
• any violation of statutory provisions by you or your affiliated entities.

GENERAL PROVISIONS

No Waiver

Our failure to enforce any right or provision under these terms shall not constitute a waiver of such right or provision.

No waiver shall be considered a continuing waiver of any such term or any other term of these conditions.

Service Interruption

To maintain the highest possible level of service, we reserve the right to interrupt or suspend the operation of the service for maintenance, updates, improvements, or other changes, with appropriate notice where reasonably possible.

We may suspend or discontinue the service to the extent permitted by applicable law.

In the event of discontinuation, we will assist you in retrieving your personal data and respect your rights regarding continued use of the product and any applicable compensation rights in accordance with applicable law.

The service may become unavailable due to circumstances beyond our reasonable control, including infrastructure failures or power outages.

Resale of the Service

You may not reproduce, duplicate, copy, sell, resell, or exploit any part of our Application without our express written consent, either directly or through an authorized resale program.

Privacy Policy

Information regarding the processing and use of personal data can be found in the Privacy Policy of our Application.

Intellectual Property Rights

Without prejudice to any more specific provisions contained in these terms, all intellectual property rights related to our Application, including copyrights, trademark rights, patent rights, and design rights, belong exclusively to us and/or our licensors.

These rights are protected by applicable laws and international intellectual property treaties.

All trademarks, whether word marks or graphic marks, as well as any other identifiers, trade names, service marks, logos, illustrations, images, or other materials associated with our Application, are and shall remain the exclusive property of our company and/or our licensors.

These rights are also protected by applicable laws and international intellectual property treaties.

Changes to These Terms

We reserve the right to modify these terms at any time by notifying you of any changes.

Such modifications shall apply to your relationship with us only from the date on which they are communicated to you.

Your continued use of the service after changes have been communicated constitutes acceptance of the revised terms.

If you do not wish to be bound by the amended terms, you must stop using the service and terminate your agreement with us.

The previous version of these terms shall govern the relationship between you and us before your acceptance of the changes.

You may request any previous version of these terms from us.

Where required by law, we will provide advance notice of the date on which amended terms become effective.

Assignment of the Agreement

We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations arising under these terms, while taking into account your legitimate interests.

The provisions regarding changes to these terms shall apply accordingly.

You may not transfer or assign your rights or obligations under these terms without our prior written consent.

Contact

All communications regarding the use of our Application must be sent using the contact information provided in this document.

Severability

The invalidity or unenforceability of any provision under applicable law shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Users in the United States

Any invalid or unenforceable provision shall be interpreted and modified to the extent reasonably necessary to make it valid, enforceable, and consistent with its original intent.

This document constitutes the entire agreement between you and us and supersedes all other communications, including any prior agreements concerning the same subject matter, to the maximum extent permitted by law.

Users in the European Union

If any provision of this document is invalid, unlawful, or unenforceable, both parties agree to make reasonable efforts to find an amicable solution by replacing such provision with a valid and enforceable provision.

If no such solution can be reached, the invalid, unlawful, or unenforceable provision shall be replaced by the applicable statutory provisions.

Notwithstanding the above, the invalidity, unlawfulness, or unenforceability of any provision shall not invalidate the entire agreement, unless the affected provisions are essential to the agreement or are of such importance that the parties would not have entered into the agreement knowing that such provisions would not be valid, or where the remaining provisions would create unacceptable hardship for either party.

Governing Law

These terms shall be governed by and interpreted in accordance with the laws of the country in which we are established, as specified in the relevant section of this document, without regard to conflict-of-law principles.

Priority of National Consumer Protection Laws

Notwithstanding the above, if the laws of the country where you reside provide a higher level of consumer protection, such higher standards shall prevail.

Jurisdiction

Any disputes relating to these terms shall be resolved by the courts having jurisdiction over the place where we are established, as specified in the relevant section of this document.

Exception for European Consumers

Notwithstanding the above, the jurisdiction provisions shall not apply if you qualify as a consumer in Europe or if you are a consumer residing in the United Kingdom, Switzerland, Norway, or Iceland.

Consumers in the United Kingdom

If you are a consumer residing in England or Wales, you may bring legal proceedings relating to these terms before the courts of England and Wales.

If you are a consumer residing in Scotland, you may bring proceedings before the Scottish or English courts.

If you are a consumer residing in Northern Ireland, you may bring proceedings before the courts of Northern Ireland or England.

Users in the United States

Both parties agree to waive the right to a trial by jury in any court in connection with any action or legal proceeding.

Any claims arising from these terms shall be handled individually, and both parties agree not to participate in or join any class action or other collective proceeding on behalf of others.

Users in the United States

Provisions Surviving Termination

This Agreement shall remain in effect until terminated by us or by you.

Following termination, any provisions contained in this document that, by their nature and context, are intended to survive termination or expiration shall remain effective, including but not limited to:

• licenses granted to you shall remain effective indefinitely;
• your indemnification obligations shall remain effective for five (5) years from the date of termination;
• disclaimers of warranties and representations, as well as indemnification and limitation of liability provisions, shall remain effective indefinitely.