Bloominy Website Terms of Service

These Terms of Service set forth the rules for using the website operating under the name Bloominy, available at www.bloominy.com (hereinafter: the "Website").

The service provider and administrator of the Website is Tymoteusz Drzał Cyber Consulting, ul. Wrzosowa 25, 42-622 Nowe Chechło, NIP: 6452583115, REGON: 526552844 (hereinafter: "Service Provider").

These Terms of Service are made available free of charge prior to the conclusion of a contract for the provision of electronic services, in a form that allows for their retrieval, reproduction, and storage, in accordance with Article 8 of the Act on the Provision of Electronic Services.

• Website / Bloominy – the website described in Section 1.1.
• User – a person using the Website, including one who has an Account.
• Account – the User's individual account on the Website, created using an email address and password.
• Game – an interactive mini-game created by the User on the Website, containing content entered by the User.
• Link – a unique web address leading to a specific Game, generated upon its creation.
• Recipient – a person who opens and plays the Game via the Link, regardless of whether they have an Account on the Website.
• Premium Subscription – a paid, automatically renewing service described in Section 6.

Use of the Website requires a device with internet access and a current web browser.

Only individuals who are at least 18 years of age may use the Website to create an Account and create Games. This age restriction stems from the fact that using the Website may involve entering into a contract for the provision of a recurring payment service (Premium Subscription), and such a contract requires full legal capacity.

Creating an Account requires providing an email address and setting a password. The User is responsible for maintaining the confidentiality of their Account access credentials and for all actions taken using the Account.

Playing a Game does not require the User to create an Account or provide any personal information—the User may use this feature of the Service free of charge and without registration, regardless of whether the creator of a given Game has a Premium Subscription.

The Service allows Users to create Games with their own content (title, question, answer options, message) and share them with others via a Link, as an alternative to a regular text message.

Under the free plan, a User may create only "Wheel of Fortune"-type Games. All other types of Games, currently available and those introduced by the Service Provider in the future, require an active Premium Subscription.

Certain types of Games allow the Game creator to predetermine the result that will be displayed to the Recipient, regardless of the course of the animation presented to the Recipient (hereinafter: "fixed-result mode"). This feature is a deliberate, intended element of the Service's operation, of which the User is informed during the Game creation process.

The User bears sole responsibility for how the fixed-result mode is used, particularly if the User uses the Service to organize contests, sweepstakes, promotions, or other marketing activities directed at third parties. The Service Provider is not liable for the compliance of such User activities with applicable laws, including consumer protection laws or regulations on combating unfair market practices—this liability rests solely with the User organizing such an activity.

The content of the Games (including text, selected options, and uploaded images) is created entirely by Users. The Service Provider does not create, verify, or moderate this content prior to its publication.

The User represents that the content they upload is lawful, does not infringe upon the rights of third parties (including personal rights and copyrights), and is not offensive, harassing, discriminatory, or otherwise unlawful—including toward individuals who are not direct Users of the Service but are merely mentioned in the content of the Game (e.g., in the title or question).

The User bears sole responsibility for the content of the Games they create. The Service Provider is not liable for content submitted by Users.

The Service Provider reserves the right to remove any Game that violates these Terms of Service, applicable law, or public decency, particularly following a report of such a violation, without the need to notify the Game's creator in advance.

The Premium Subscription is a paid service that renews automatically on a monthly basis at a price of $3.99 per month (the price may be displayed in the User's local currency according to the currency conversion mechanism used by the payment processor, without changing the economic value of the service).

Payments are processed by a third-party payment processor—Stripe—via its hosted payment page. The Service Provider does not have access to the User's full payment card details.

The Service does not offer a trial period. The fee is charged immediately upon purchase of a Premium Subscription, and access to Premium features is granted immediately after the payment is processed.

The subscription automatically renews for the next billing period unless the User cancels it before the end of the current period. Cancellation is possible at any time through the Service or the payment provider's subscription management panel and takes effect at the end of the paid billing period—without a refund of the prorated portion of the fee for the unused portion of the period, subject to Section 7.

In the event of a failed attempt to collect payment for the next period, the Service Provider will automatically retry the payment for a specified period of time. If none of these attempts are successful, access to the Premium Subscription will be suspended, and the subscription will subsequently be canceled.

In accordance with the Consumer Rights Act, a User who is a consumer has the right to withdraw from a distance contract within 14 days without providing a reason.

This right does not apply if the Service Provider has begun providing the service (access to Premium features) with the User's express, prior consent given before the service began, and the User was informed before giving such consent that they would lose the right to withdraw from the contract once the Service Provider began providing the service.

Implementation note: The above consent must be actively and unambiguously given by the User (e.g., by checking a checkbox) during the purchase process, before being redirected to the payment page—the mere presence of this provision in the Terms of Service does not replace the requirement to obtain this consent within the Website's interface at the time of purchase.

The User may submit complaints regarding the operation of the Website or the Premium Subscription to the following email address: tymekdrzal.zajkomp@gmail.com.

The complaint should include a description of the reported issue and contact information to facilitate a response.

The Service Provider will review complaints within 14 days of receipt.

The Service Provider makes every effort to ensure that the Service operates continuously and without interruptions; however, it does not guarantee uninterrupted availability of the Service and is not liable for interruptions in its operation resulting from technical causes, including those attributable to third parties (hosting providers, payment processors).

In accordance with Sections 5.3 and 4.4, the Service Provider is not liable for content posted by Users or for the manner in which they use the Website's features, including the "fixed result" mode.

The Service Provider's liability to the User for non-performance or improper performance of services provided through the Website is limited to the amount of fees actually paid by the User during the 3 months preceding the event giving rise to the claim. This limitation does not apply to liability toward consumers to the extent that its exclusion or limitation would be contrary to mandatory provisions of law.

The rules governing the processing of Users' personal data are described in a separate Privacy Policy.

These Terms and Conditions and any agreements concluded through the Website are governed by Polish law.

Consumers may use out-of-court methods to resolve complaints and pursue claims, including through the EU Online Dispute Resolution (ODR) platform, available at: ec.europa.eu/consumers/odr.

The Service Provider reserves the right to amend these Terms and Conditions for valid reasons (including changes in the law or changes to the Website's functionality). Users with an Account will be notified of any amendments to these Terms and Conditions at least 14 days before they take effect. A User who does not accept the changes may cease using the Website and cancel their Premium Subscription before the changes take effect.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.