MUDITA DEVELOPER PORTAL – TERMS AND CONDITIONS

Version dated: 26 October 2026

Effective Date: 27 October 2026

GENERAL PROVISIONS

The Terms and Conditions set out the rules for using the Developer Portal, including the provision of Electronic Services. The Terms and Conditions are made available free of charge before the Agreement is concluded. At the Developer’s or User’s request, the Terms and Conditions are also made available in a manner enabling them to be acquired, reproduced and recorded.

Acceptance of the Terms and Conditions is voluntary, but necessary to conclude the Agreement and use the Electronic Services on the terms set out in the Terms and Conditions.

Whenever the Terms and Conditions refer to an act or declaration of intent of the Developer, this shall also apply to an act or declaration made by a User acting in the name and on behalf of the Developer. If the User, on behalf of the Developer, performs an act leading to the conclusion, amendment or termination of the Agreement or makes any other declaration concerning the Agreement or the Application, the User confirms that he or she is duly authorised to perform that act. The Developer shall be liable to the Service Provider for the acts and omissions of the Users whom it uses in the performance of the Agreement as for its own acts and omissions.

The Service Provider may carry out servicing, maintenance, updates and security measures resulting in a temporary restriction of the availability of the Developer Portal. Where possible, scheduled interruptions will be communicated in advance.

The Service Provider’s point of contact for Developers, Users and competent authorities in matters related to the provision of Electronic Services is the e-mail address [email protected]. Communication may be conducted in English and Polish.

DEFINITIONS

For the purposes of the Terms and Conditions, the following definitions shall apply:

1. Account - an Electronic Service consisting in maintaining, for a specified Developer, an account in the Developer Portal, available on the terms set out in the Terms and Conditions, as an Individual Account or a Business Account.
2. Agreement - an agreement for the provision of one or more Electronic Services within the Developer Portal, concluded between the Developer and the Service Provider on the terms set out in the Terms and Conditions. The content of the Agreement is determined by the Terms and Conditions and, to the extent applicable to a given Electronic Service, the Verification Rules. The content of the Agreement may also be determined by other documents or arrangements if they have been incorporated into the Agreement and accepted by the Developer and the Service Provider.
3. Application - software intended to be installed or run on an End User’s terminal device, together with its versions, updates, components, documentation, services and other elements necessary for its operation, submitted to the Service Provider or made available in the InkApps collection.
4. Business Account - an Account assigned to a Developer entering into the Agreement in connection with its business or professional activity, who is not a Consumer in connection with the conclusion of the Agreement. A Business Account may be used by one or more Users, in accordance with the roles and permissions assigned to them.
5. Consumer - a natural person who enters into a legal transaction with the Service Provider that is not directly related to his or her business or professional activity.
6. Developer - a natural person having full legal capacity, a legal person, an organizational unit to which legal capacity is granted by statute, or another entity that is a party to the Agreement, for which an Individual Account or a Business Account is maintained.
7. Developer Application - an Application submitted or made available by the Developer in the InkApps collection, other than an Application made available by the Service Provider.
8. Developer Content - all content posted or disseminated within the Developer Portal by or on behalf of the Developer, in particular logos, photographs, documents, descriptions and other textual, graphic or multimedia elements, including works within the meaning of the Act of 4 February 1994 on copyright and related rights, and images of natural persons.
9. Developer Portal - the website operated by the Service Provider at https://portal.inkapps.mudita.com, through which Electronic Services are provided.
10. Electronic Service - each service provided by electronic means within the meaning of the Polish Act of 18 July 2002 on the provision of services by electronic means by the Service Provider through the Developer Portal, on the terms set out in the Terms and Conditions.
11. End User - a person using the InkApps collection or an Application.
12. Individual Account - an Account assigned to a Developer using the Developer Portal in his or her own name as a Consumer. Within an Individual Account, it is not possible to grant access to it to other persons. A User holding an Individual Account may use the same authentication credentials to obtain access to another Developer’s Business Account to which he or she has been invited, within the scope of the permissions granted to him or her.
13. InkApps collection - software, a service or another Application distribution channel operated by the Service Provider under the name “InkApps collection”, in accordance with separate terms and conditions, terms of service or other contractual terms.
14. Service Provider - Mudita sp. z o.o. with its registered office in Warsaw (02-607), 6 Jana Czeczota street, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, entry no. 0000467620, Tax Identification Number: 5252558282 and Statistical Identification Number: 146767613, the share capital of PLN: 1,818,100.00, e-mail address: [email protected].
15. Service Provider Content - all content posted or disseminated within the Developer Portal by or on behalf of the Service Provider, in particular logos, photographs, documents, descriptions and other textual, graphic or multimedia elements, including works within the meaning of the Act of 4 February 1994 on copyright and related rights, and images of natural persons.
16. Technical Requirements - the minimum technical requirements necessary to use the Developer Portal, i.e. (i) a computer, laptop or other terminal device with Internet access, (ii) access to electronic mail and an active e-mail address, (iii) a current version of one of the following web browsers: Google Chrome, Mozilla Firefox, Microsoft Edge or Safari, with JavaScript and the technologies necessary for the proper operation of the Developer Portal enabled.
17. Terms and Conditions - this document, the “Developer Portal Terms and Conditions”, constituting terms and conditions for the provision of services by electronic means within the meaning of the Polish Act of 18 July 2002 on the provision of services by electronic means.
18. User - a natural person having full legal capacity, using the Developer Portal (i) in his or her own name as the Developer or (ii) on behalf of the Developer within the scope of the access and permissions granted to him or her. A User may simultaneously hold an Individual Account and use another Developer’s Business Account within the scope of the permissions granted.
19. Verification Rules - a set of criteria and requirements concerning Developer Applications and the process of their submission, verification and publication, made available by the Service Provider within the Developer Portal, irrespective of the form and place in which they are presented.

ELECTRONIC SERVICES

The Service Provider provides free of charge through the Developer Portal and on the terms set out in the Terms and Conditions, in particular, the following Electronic Services:

services consisting in enabling registration and creating, maintaining and managing an Account;

services consisting in submitting Developer Applications and Developer Content for verification and their publication within the InkApps collection, as well as managing them;

services consisting in access to information, statistics or data made available in the Developer Portal.

The detailed scope of the Electronic Services may depend, in particular, on the type of Account, role, scope of permissions, status or type of Developer Application, the registered office or place of residence of the Developer or User, and the current version of the Developer Portal.

The terms concerning selected Electronic Services may be set out in additional terms and conditions or other contractual terms made available to the Developer before commencing use of the relevant Electronic Service. If their acceptance is required, they become part of the relevant Agreement upon their acceptance.

Use of the Developer Portal requires the terminal device and ICT system used for this purpose to meet the Technical Requirements. Failure to meet the Technical Requirements, use of an unsupported software version or incorrect device configuration may result in restricted availability or improper operation of the Developer Portal. The Service Provider may specify within the Developer Portal additional requirements concerning file formats and limits, authentication or individual functions.

ACCOUNT

The Developer may register an Account. By registering, the Developer confirms that it meets the conditions set out in the Terms and Conditions.

In order to create an Account, it is necessary to:

correctly complete the registration form – the scope of the required data is determined by the fields appearing in the registration form;

verify the mobile phone number provided in the registration form by entering the one-time verification code sent to that number by SMS, in accordance with point 4.10;

read and accept the Terms and Conditions (e.g. by selecting the appropriate checkbox or pressing a button);

confirm the intention to create an Account using the activation link sent to the e-mail address specified in the registration form.

The Service Provider may enable registration and login to the Developer Portal through an external identity provider or authentication service. Use of this method of registration or login may require holding an account with such provider and may depend on the availability of the services provided by it. In such case, the process referred to in point 4.2 may be modified accordingly.

The Account is created upon receipt, at the e-mail address assigned to the Account, of confirmation that the Account registration and activation process has been successfully completed (conclusion of the Agreement in respect of the Account). The Account Electronic Service is provided for an indefinite period. The Service Provider provides the Developer with confirmation of the conclusion of the Agreement together with the Terms and Conditions on a durable medium, to the specified e-mail address.

Access to the Account is obtained following correct authentication using the User’s own login credentials, within the scope of the access and permissions granted to the User.

The data provided during registration must be true, complete and up to date and must enable identification of the Developer and the person carrying out the registration. The Service Provider may request documents or additional information necessary to verify identity, legal capacity, authority to act, rights to the Developer Application, security or compliance with law, to an extent proportionate to the purpose. Such verification may be a condition for creating the Account, in which case the Account is activated after the verification has been completed.

The Service Provider may refuse to create an Account if:

the data are incomplete or unreliable, or the required verification has not been completed;

the person carrying out the registration or the Developer does not meet the conditions for the selected type of Account, or the person acting on behalf of the Developer fails to demonstrate the required authority;

there is a justified risk of fraud, breach of law or breach of security;

a previous Account of the Developer concerned was closed due to a material or repeated breach;

creating the Account would infringe the law or the rights of third parties.

Neither the Developer nor the User may create an Account or register for the purpose of circumventing a restriction, suspension or termination of the use of another Account, or impersonate another person or entity.

The Developer may terminate the Agreement in respect of the Account at any time by deleting the Account using the relevant functionality of the Developer Portal (if made available) or by submitting a declaration to [email protected]. The Agreement is terminated upon deletion of the Account or receipt of the declaration by the Service Provider.

Verification SMS

During registration, including the simplified registration of an invited User referred to in point 6.4, Mudita sends a one-time verification code by SMS from the number +1 877 651 8198 to the mobile phone number provided in the registration form. SMS messages are used only to verify the phone number. Mudita does not send marketing SMS messages.

Message frequency: one message per code request. Up to 5 codes may be requested; after that, a new code can be requested after 30 minutes.

Message and data rates may apply.

You can cancel the SMS service at any time. Just text “STOP” to +1 877 651 8198. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After unsubscribing, you will not receive verification codes and registration cannot be completed. To receive verification codes again, text “START” to +1 877 651 8198.

Help: contact us at [email protected].

Carriers are not liable for delayed or undelivered messages.

Information on the processing of the phone number is provided in the Developer Portal Privacy Policy available at https://portal.inkapps.mudita.com/privacy-policy

INDIVIDUAL ACCOUNT

An Individual Account is created in his or her own name by a natural person using the Developer Portal as a Consumer, who becomes the Developer and a party to the Agreement concerning that Account.

The Developer uses the Individual Account independently and is responsible for the Developer Applications submitted through it and the related Content. The Developer may not make the Individual Account or his or her authentication credentials available to other persons, create access to it for other persons, or enable them to operate technically through that Account.

The holder of an Individual Account may, as a User, obtain access to another Developer’s Business Account on the terms set out in point 6 of the Terms and Conditions. Obtaining such access does not change the rules for the use of his or her Individual Account or result in its conversion into a Business Account.

If the Developer’s use of the Individual Account becomes directly related to his or her business or professional activity, the Developer shall promptly inform the Service Provider thereof at the e-mail address [email protected] in order to agree on the process for changing the type of Account and, where necessary, the rules for transferring the Developer Applications, Developer Content and the related data.

BUSINESS ACCOUNT AND USERS

A Business Account is maintained for a Developer concluding the Agreement in connection with its business or professional activity, who is not a Consumer in connection with the conclusion of the Agreement. It is created by a specific natural person: (i) in his or her own name, if that person is the Developer for whom the Business Account is to be maintained, or (ii) in the name of the specified Developer, having the appropriate authorisation. That Developer is a party to the Agreement and is responsible for the Developer Applications and the Developer Content provided.

Within a Business Account, the Developer’s details and the details of at least one natural person responsible for managing the Account are specified separately. These details are maintained in the Account settings. The Developer shall ensure that they are up to date and that management of the Account is continuous.

A person authorised to manage the Account may, within the functionality of the Developer Portal, send named invitations to Users, assign and change Users’ roles and permissions, and revoke their access. A User’s access to a Business Account is made available under the relevant Developer’s Agreement.

An invited person who is not registered in the Developer Portal, after receiving the invitation, undergoes a simplified registration, as part of which he or she provides the required data, verifies his or her mobile phone number in accordance with point 4.10, creates his or her own authentication credentials, accepts the invitation and accepts the provisions of the Terms and Conditions, which bind him or her to the relevant extent. He or she may then log in using his or her own credentials and use the Business Account within the scope of the permissions granted. This registration does not create an Individual Account or require the person to have his or her own Application.

An invited person who is already registered in the Developer Portal uses the existing authentication credentials and accepts the invitation. If he or she holds an Individual Account, after logging in he or she may select his or her own Individual Account or the Business Account made available to him or her. In the first case, he or she acts in his or her own name as the Developer, and in the second, on behalf of the Developer for whom the Business Account is maintained.

By accepting the invitation and accepting the Terms and Conditions, the User undertakes to the Service Provider to comply with the provisions concerning the User’s use of the Developer Portal, in particular the rules of security, protection of authentication credentials, permitted use and acting within the limits of the permissions granted. This does not make the User a party to the Agreement concerning the maintenance of the Business Account or cause the User to assume the Developer’s rights and obligations concerning the Developer Applications and Developer Content. The User’s access to the Business Account is conditional upon the relevant Developer’s Agreement remaining in force and the permissions granted being maintained.

A change of the person responsible for managing the Account or of that person’s details does not change the Developer as a party to the Agreement or the rights to the Developer Content and Developer Applications. The change is made by an authorised person using the Account functionality, and where the appropriate access is unavailable, the Developer shall notify the Service Provider of the change at the e-mail address [email protected], demonstrating identity and the required authorisation.

SUBMISSION AND VERIFICATION OF APPLICATIONS

The Developer may submit a Developer Application for publication in the InkApps collection by providing it through the Developer Portal together with the required information and Content for verification by the Service Provider and for a decision on publication. Submission of a Developer Application does not guarantee its publication. The Developer may withdraw the submission before publication.

The scope of the required information and Content is specified in the submission form. It may include, in particular, the file or package of the Developer Application, its identifier and version, the Developer’s details, a description of functions, icons and screenshots, category, age rating, technical requirements, information on permissions, information on the processing of personal data, licence terms (e.g. EULA), and information on third-party components and compliance with the requirements applicable to the relevant category of Application.

The Developer acknowledges that, if the Developer Application is accepted and published in the InkApps collection, information identifying the Developer as its creator or publisher, in particular developer name, contact email address and other information indicated as public in the submission form will be publicly available. The scope of the information published may depend on the type of Application, the Developer’s status and the requirements of the applicable provisions of law.

The Service Provider may require the Developer to provide information, instructions and access to test accounts enabling verification of the Developer Application.

The Service Provider verifies the Developer Application and the related Developer Content. Verification may include, in particular, the completeness of the submission, technical compliance, interoperability, security, privacy protection, compliance with the law and third-party rights, and compliance with the Service Provider’s information and requirements, including the Verification Rules. The Service Provider may test the operation of the Developer Application, its permissions and network communications.

Verification is carried out without undue delay, taking into account, in particular, the completeness and complexity of the submission, risk, the number of submissions and the consultations required. The Service Provider does not guarantee a specific deadline for completion of the verification or publication.

Verification and acceptance of the Developer Application do not constitute a legal, security or quality audit of the Developer Application and do not release the Developer from its obligations or liability. Acceptance of the Developer Application does not constitute confirmation of its full compliance with the law or the absence of infringements of third-party rights.

ACCEPTANCE AND PUBLICATION OF APPLICATIONS

Upon completion of the verification, the Service Provider may:

accept and publish the Developer Application;

make its acceptance and publication conditional upon fulfilment of the specified conditions or supplementation of information (request for changes);

refuse publication.

Publication may be refused or a request for changes may be made, in particular, where:

the submission is incomplete, inconsistent or contains false information;

the Developer Application, the related Developer Content or the manner in which it is made available does not meet the requirements set out in the Terms and Conditions or the Verification Rules;

the Developer has not demonstrated the required rights, consents or compliance with the applicable provisions;

there is a justified threat to security, privacy, Users, End Users, devices or infrastructure, or a justified suspicion of an infringement of the law or third-party rights;

the Developer Application, the related Developer Content or the manner in which they are presented is inconsistent with the nature, purpose, quality or visual standards of the InkApps collection or the values communicated by the Service Provider;

publication would breach a legal obligation, decision or order of a competent authority.

The Developer shall bear the costs of preparing, submitting and correcting the Developer Application. Refusal of publication, a request for changes or the need to resubmit the Developer Application shall not give rise to an obligation on the part of the Service Provider to reimburse those costs or pay compensation, unless such an obligation arises under the applicable mandatory provisions of law.

Following refusal of publication or a request for changes, the Developer may correct or supplement the submission and resubmit the Developer Application for verification, unless publication is prevented by a permanent legal or technical obstacle. The Service Provider may take earlier findings into account; however, correction of the submission or incorporation of earlier comments shall not preclude further verification or guarantee acceptance or publication of the Developer Application.

Following acceptance of the Developer Application, the Service Provider publishes it in the InkApps collection. Downloading the Developer Application and the licence granted by the Developer to the End User through the InkApps collection are free of charge. Unless a given model is expressly permitted by the Service Provider, the Developer may not demand payment or direct the End User to make a payment related to the functions of the Developer Application.

The Developer is the provider and licensor of the Developer Application in relation to the End User. The terms of use of the Application are set out in the Developer’s licence agreement, made available to the End User in accordance with the process adopted in the InkApps collection, before that agreement is concluded (if required as part of the submission of the Developer Application) or, at the latest, before the End User begins using the Developer Application.

The Developer shall also be responsible for support, complaints, claims, information obligations and the conformity of the Developer Application with the agreement with the End User.

The Service Provider provides technical intermediation and distribution, but is not a party to the agreement concerning the End User’s use of the Developer Application, its functions, content or support, unless expressly stated otherwise.

APPLICATION MAINTENANCE

The Developer shall ensure that the information concerning the Developer Application is up to date, monitor its operation and compliance with the Agreement and the law, and promptly inform the Service Provider of circumstances that may affect its security, availability or continued publication, in particular material vulnerabilities, incidents, loss of rights or discontinuation of development.

Updates to the Application may require re-verification in accordance with the Terms and Conditions and the Verification Rules. The Developer may not circumvent the verification process or introduce changes which, in accordance with the Terms and Conditions or the Verification Rules, should be subject to verification.

The Developer shall cooperate with the Service Provider in handling reports, incidents and activities related to the security of the Developer Application. In the event of a failure to cooperate, the Service Provider may apply the measures provided for in the Terms and Conditions.

RANKING OF APPLICATIONS AND SERVICE PROVIDER APPLICATIONS

The InkApps collection enables Applications to be sorted according to selected criteria, in particular the number of installations, publication date, name or End User ratings.

In addition, the Service Provider may create listings, collections and recommendations taking into account qualitative, security-related, thematic and alignment with the Service Provider’s values criteria, as well as labels and rankings assigned by the Service Provider.

The Service Provider may limit visibility, refuse to recommend or remove an Application from specified listings or recommendations if this is justified by the protection of End Users, compliance with the Terms and Conditions, the Application publication criteria or the provisions of law.

The Service Provider does not offer the possibility of influencing the ranking of Applications in return for direct or indirect remuneration.

Applications made available by the Service Provider may be subject to a different submission and verification process because the Service Provider is both their provider and the entity operating the InkApps collection. Subject to this difference, Service Provider Applications and Developer Applications are subject to the same principal rules of ranking and presentation. The Service Provider does not grant its own Applications preferential ranking or presentation or other distribution terms, unless the Terms and Conditions expressly provide otherwise.

ACCESS TO DATA

The Developer has access, to the extent currently made available in the Developer Portal, to data concerning its Account, Developer Applications, the status of their verification and basic statistics concerning those Developer Applications, in particular, the number of downloads for the current month, the last month, and the last 3, 6, or 12 months, as well as the list of reviews and ratings.

Unless expressly indicated otherwise, the Developer does not obtain through the Developer Portal access to the personal data of End Users or to data concerning other Developers or their Applications, including in aggregated form.

The Service Provider has access to data provided by the Developer and data generated in connection with registration for and use of the Developer Portal, the process of verification and publication of Developer Applications and the operation of the InkApps collection.

The Service Provider may use the data referred to in point 11.3 and statistical analyses and aggregated data created on their basis for the purpose of providing, developing and securing the Electronic Services, conducting the Developer Application verification process, operating the InkApps collection and performing legal obligations.

The Service Provider may make data available to entities participating in the provision of Electronic Services, the operation of the InkApps collection, verification, storage or distribution of Applications, to the extent necessary to perform those activities.

USER AND DEVELOPER OBLIGATIONS

The Developer and the User shall use the Developer Portal and the Electronic Services in accordance with the law, the Terms and Conditions and the terms of the Agreement applicable to them, in a manner that does not infringe the rights of third parties, security or the proper operation of the Developer Portal, the InkApps collection or the Electronic Services.

The User and the Developer, each to the extent concerning their use of the Developer Portal, shall in particular:

provide true and up-to-date information and promptly update the data provided in connection with the use of the Developer Portal, to the extent necessary for the proper provision of the Electronic Services;

maintain the confidentiality of their own authentication credentials, not make them available to other persons, and promptly inform the Service Provider of any identified or suspected unauthorised access to or use of such credentials;

act solely within the scope of the access and permissions granted to them and, when acting on behalf of the Developer, also within the limits of their authority.

The User and the Developer shall in particular refrain from:

transmitting or disseminating through the Developer Portal or the InkApps collection any Developer Application, Developer Content, code or other data that are unlawful or contrary to the Terms and Conditions, infringe the rights of third parties, or threaten the security or proper operation of the services;

obtaining or attempting to obtain unauthorised access to Accounts, data or other resources of the Service Provider, Developers or Users, including circumventing security measures and using another person’s authentication credentials;

conducting penetration tests, vulnerability scans or other activities intended to test the security of the Developer Portal, the InkApps collection or the Service Provider’s infrastructure without the Service Provider’s prior written consent, under pain of nullity;

disrupting the operation of the Developer Portal, the InkApps collection or the Electronic Services, in particular by generating excessive load, and automatically extracting data using bots, scripts or other tools, unless permitted by the Service Provider;

sending spam, artificially generating downloads, ratings or reviews, manipulating rankings, impersonating other persons or entities, and circumventing the Service Provider’s decisions, including by publishing duplicate Applications;

presenting the verification or publication of an Application as certification, a recommendation or a guarantee of security or compliance granted by the Service Provider.

The Developer shall in particular:

ensure that the Developer Applications and the related Content provided by or on behalf of the Developer comply, throughout the period in which they are made available, with the law applicable in the territories of distribution, the Agreement, the Verification Rules and the declared technical requirements, and do not infringe intellectual property rights, personal rights, privacy or other rights of third parties;

hold the rights, consents, licences, permits and other authorisations required to submit, distribute, licence and support the Developer Application and to use the related Developer Content;

ensure that the Developer Application operates in accordance with the description provided, corresponds to the version submitted for verification, contains no malicious code or undisclosed functions, and does not disrupt the operation of devices, the InkApps collection or third-party services;

provide reliable information on the functions, origin, compatibility and requirements of the Application, the risks associated with it and the manner in which data are processed, and ensure that the Developer Application does not obtain permissions or data beyond the scope necessary for its operation and disclosed to the End User;

apply safeguards appropriate to the risk, keep the components of the Developer Application up to date, and promptly remedy vulnerabilities and errors materially threatening Users, End Users, devices or services, in accordance with the rules for submitting updates set out in the Terms and Conditions;

meet the requirements applicable to the relevant category of Application before its publication and comply with the applicable cybersecurity obligations, including providing the required markings and information and demonstrating compliance at the Service Provider’s justified request;

promptly inform the Service Provider of the loss of rights or authorisations required to make the Application available, material vulnerabilities or incidents, and other circumstances that may justify restricting its availability, and cooperate in investigating them and remedying their effects.

Information concerning Applications, Content or activities within the Developer Portal that may infringe the law or the Terms and Conditions may be submitted to the Service Provider at [email protected].

The Developer and the User shall keep confidential all non-public information concerning the Service Provider, the Developer Portal, the InkApps collection, the security measures applied, and the process of submitting, verifying and publishing Developer Applications, obtained in connection with the conclusion or performance of the Agreement, irrespective of the manner in which it was provided or marked. The Developer and the User may use such information solely for the purpose of performing the Agreement and may disclose it only to persons whose involvement is necessary for that purpose and who are bound by confidentiality obligations, and to the extent required by law.

The Service Provider shall protect non-public information provided by the Developer for the purposes of performing the Agreement if it has been marked as confidential or its confidential nature follows from the circumstances. The Service Provider may disclose such information to persons participating in the performance of the Agreement and bound by confidentiality obligations, and to the extent required by law.

RESTRICTION OF ACCESS, SUSPENSION AND TERMINATION OF THE AGREEMENT

If the Developer, User, Developer Application or Developer Content breaches the Agreement, the Terms and Conditions, the Verification Rules or the provisions of law, threatens security, privacy, devices, data or the rights of third parties, or where taking action is required by law or by a decision or request of a competent authority, the Service Provider may, as appropriate to the nature and scope of the identified circumstance:

restrict or block the User’s or Developer’s access;

restrict or suspend access to the Account or selected Electronic Services;

refuse publication, restrict availability, suspend distribution or remove the Developer Application;

terminate the Agreement.

The Service Provider shall apply a measure proportionate to the nature and effects of the relevant circumstance. If the breach can be remedied and does not require immediate action, the Service Provider may first call upon the Developer or User to remedy it within a specified period. A measure concerning one User or Application need not apply to the entire Account.

The measures specified in points 13.1.1–13.1.3 may be applied with immediate effect if this is necessary due to a legal or regulatory obligation, an immediate threat to security, privacy, devices, data or the rights of third parties, a justified suspicion of fraud or unauthorised access, the unlawful nature of the Developer Application or Developer Content, or a material or repeated breach of the Agreement.

The Service Provider shall provide the Developer or User with a statement of reasons for the measure applied on a durable medium, before it is applied or, at the latest, at the time it is applied, to the extent required by the applicable provisions of law. The statement of reasons shall indicate, in particular, the measure applied, the grounds therefor and the available means of challenging the decision.

Termination of the Agreement covering all services shall take place subject to a 30-day notice period, unless the applicable provisions permit earlier termination of the Agreement, in particular due to a legal or regulatory obligation, an overriding reason arising from law or repeated breaches of the Agreement.

The Developer or User may provide the Service Provider with information or explanations concerning the measure applied. If the measure is revoked, the Service Provider shall restore access to the appropriate extent, if this is possible and lawful.

Termination of the Agreement concerning an Individual Account shall result in termination of access to that Account and may lead to the withdrawal of the related Developer Applications from the InkApps collection. However, it shall not deprive that person of access to the Business Accounts of other Developers, unless the basis for such access has ceased to exist.

Termination of the Agreement concerning a Business Account shall result in termination of access to that Account for all Users assigned to it and may lead to the withdrawal of the related Developer Applications from the InkApps collection. It shall not result in the deletion of those Users’ Individual Accounts or the termination of their access to the Accounts of other Developers.

Termination of the Agreement shall not extinguish rights and obligations arising before its termination or provisions which, by their nature, remain in force after its termination.

The Service Provider may terminate the Agreement by giving 30 days’ notice if it decides to cease operating the Developer Portal or the InkApps collection, withdraw specified Electronic Services, or if the continued provision of services becomes impossible or excessively difficult for legal, technical, security or business reasons. If the applicable provisions require a longer notice period or the provision of additional information, including a statement of reasons, those provisions shall apply.

LIABILITY

The User and the Developer shall be liable for their own acts and omissions related to the use of the Developer Portal and the Electronic Services, including for any breach of the Terms and Conditions or the law, on the terms set out in the Agreement and the provisions of law.

The Developer shall be liable in particular for:

the Developer Applications and Developer Content, their compliance with the law, security and non-infringement of third-party rights, and holding the required rights and authorisations;

the truthfulness and currency of information provided to the Service Provider and End Users;

performance of obligations towards End Users, including those concerning licences, processing of personal data, support, updates and complaints.

The Service Provider shall be liable for damage caused to the Developer intentionally. In the event of gross negligence, it shall be liable solely for actual loss suffered, provided that the aggregate liability towards a given Developer shall be limited to EUR 100 in each calendar year, irrespective of the number of Developer Applications and claims. Damage shall be allocated to a given year according to the date of the event that caused it. In all other respects, the Service Provider’s liability shall be limited to the fullest extent permitted by the provisions of law. In particular, the Service Provider shall not be liable for:

damage resulting from use of the Developer Portal or Electronic Services contrary to the Terms and Conditions, the Agreement or the provisions of law;

technical problems concerning the Developer’s or User’s devices, software, network or systems, where they do not result from causes for which the Service Provider is liable;

damage resulting from other circumstances attributable to the Developer, the User or third parties for which the Service Provider is not liable.

The Service Provider shall not be liable for interruptions in the operation of the Developer Portal or Electronic Services caused by force majeure understood as an event that could not have been foreseen and the effects of which could not have been prevented. In the event of force majeure, the Service Provider shall, where possible, inform Users and Developers of its impact on the availability of the Developer Portal or Electronic Services.

To the fullest extent permitted by the provisions of law, the Service Provider does not guarantee that the Developer Portal or Electronic Services will be uninterrupted, error-free, available at all times or suitable for the Developer’s individual needs or a specific purpose. Nor does the Service Provider guarantee a specific number of downloads of the Developer Application, its position in search results or listings, or the achievement of specific economic results.

The Developer undertakes to cooperate with the Service Provider in clarifying and defending against third-party claims related to Developer Applications, Content provided by it or on its behalf, or performance of the Agreement. If the claims arise from circumstances for which the Developer is liable, it shall compensate the Service Provider for the resulting damage, including covering reasonable and documented defence costs, costs of proceedings, and damages and other amounts paid pursuant to a final judgment or a settlement accepted by the Developer.

The provisions of this section shall not exclude or limit the Service Provider’s liability towards the Consumer to the extent that this would be impermissible under the applicable mandatory provisions of law.

INTELLECTUAL PROPERTY

All rights to the Developer Portal, the InkApps collection, the Service Provider’s software and the Service Provider Content made available, including the interface, graphic elements, logos, names, databases and documentation, are vested in the Service Provider or other entitled entities and are subject to legal protection.

The Service Provider grants the Developer and the User a non-exclusive, non-transferable licence to use the Developer Portal and the Service Provider Content for the term of the Agreement or while access to the Account is held, solely to the extent necessary to use the Electronic Services in accordance with the Terms and Conditions.

Subject to the mandatory provisions of law, the licence referred to in point 15.2 does not include the right to:

obtain access to the source code or operating mechanisms of the Developer Portal or the InkApps collection;

make modifications, translations, adaptations or derivative works of the software or Service Provider Content;

distribute, resell, lease, lend, transfer or grant further licences beyond the scope arising from the Agreement;

use the Developer Portal, the InkApps collection or the Service Provider Content to create or offer a competing solution;

decompile, reverse engineer or undertake other activities intended to obtain unauthorised access to the source code or operating mechanisms of those services.

The Developer retains the rights to the Developer Application and Developer Content. Their provision to the Service Provider does not result in the transfer of rights, except for the licence granted on the terms set out below.

Upon provision of the Developer Application or Developer Content, the Developer grants the Service Provider a non-exclusive, royalty-free licence, without territorial limitations, to use them to the extent necessary to perform the Agreement, including:

recording and temporarily or permanently reproducing, storing, running and testing the Developer Application for the purposes of its verification, publication and ensuring security;

distributing and making the Developer Application available to End Users, including enabling its downloading, installation and updating;

making publicly available the name, description, icons, screenshots, trademarks and other Developer Content, including those related to the Developer Application in the InkApps collection and materials providing information on its availability;

creating technical, backup and archival copies necessary for the provision of services, ensuring security, documenting the verification process or performing legal obligations.

The licence includes technical adaptation of the format, size, encoding and manner of displaying Developer Content to the extent necessary for its presentation in the InkApps collection, without changing its meaning. Any change to the substantive content of the materials, code or functions of the Application requires the Developer’s prior consent.

The Service Provider may authorise entities participating in the operation of the Developer Portal or the InkApps collection, the verification, storage or technical distribution of the Developer Application to use the Developer Application and Developer Content solely to the extent necessary to perform those activities. This does not authorise distribution of the Developer Application through other channels without the Developer’s consent.

The licence granted to the Service Provider shall remain in force for the period of performance of the Agreement and the period during which the Developer Application is made available in the InkApps collection. After the Developer Application ceases to be made available, the Service Provider may retain and use copies thereof solely to the extent required by law or necessary to ensure security, document the process or defend against claims.

The Developer represents that it holds the rights, licences, consents and authorisations enabling the Developer Application and Developer Content to be used on the terms set out in the Terms and Conditions, including rights to the trademarks, names, images and third-party components used.

The Developer and the User may not use the Service Provider’s company name, trademarks or other designations in a manner suggesting certification, recommendation or another affiliation extending beyond making the Application available in the InkApps collection, unless the Service Provider has given its prior consent thereto.

COMPLAINTS

The Developer or User may submit complaints concerning the operation of the Developer Portal, in particular electronically to the address [email protected], in writing to the Service Provider’s address or, if such functionality is made available by the Service Provider, through that functionality.

The complaint should contain data enabling identification of the Developer or User, a description of the problem and, where possible, information facilitating its consideration.

The Service Provider shall consider the complaint without undue delay, no later than within 14 days after its receipt. If consideration of the complaint requires obtaining additional information from the Developer or User, the Service Provider shall request that it be provided, indicating the scope of the information required. In the case of persons who are not Consumers, in justified cases the period for considering the complaint may be extended, of which the Service Provider shall inform the person submitting the complaint before the expiry of the original period, indicating the reason for the extension and the new deadline for providing a response.

The response to the complaint shall be sent to the e-mail address assigned to the Account or indicated in the complaint, unless the person submitting the complaint indicates another method of providing the response.

AMENDMENT OF THE TERMS AND CONDITIONS

The Service Provider shall be entitled to amend the Terms and Conditions and the Verification Rules at any time for the following important reasons:

a change in the provisions of law affecting the operation of the Developer Portal, the InkApps collection or the Electronic Services, or a change in their interpretation resulting from court judgments, decisions, recommendations or guidelines of competent authorities;

the need to adapt to technical or technological changes, in particular concerning supported devices, operating systems, compatibility or security;

the need to prevent or eliminate abuses, infringements of law or security threats;

the introduction of the introduction of new functionalities or Electronic Services, or the modification or withdrawal of existing ones, requiring adaptation of the rules for their use or the requirements concerning the submission, verification or publication of Developer Applications;

a change in the identification or contact details of the Service Provider, website addresses, names of functionalities or methods of communication, as well as the removal of errors, ambiguities, repetitions or inconsistencies, the updating of references and the rearrangement of the structure or terminology, without changing the meaning of the rights and obligations of the Developer or User.

The Service Provider makes the amended provisions available in the Developer Portal and provides them to the Developer on a durable medium, by e-mail to the address assigned to the Account, indicating the date on which they enter into force. The amendments enter into force no earlier than 15 days after notification. The period may be correspondingly longer if technical or commercial adjustments are required on the Developer’s part.

The notification period may be shortened or omitted to the extent permitted by the applicable provisions of law if compliance with it is prevented by a legal or regulatory obligation or if it is exceptionally necessary to counter an unforeseen and immediate threat related to fraud, malicious software, spam, a data breach or another cybersecurity threat. The amendments shall not have retroactive effect unless required by a legal or regulatory obligation or unless they are favourable to the Developer.

If the Developer does not accept an amendment to the Terms and Conditions or the Verification Rules, the Developer may, before that amendment enters into force, terminate the relevant Agreement using the appropriate functionality of the Developer Portal (if made available) or by submitting a declaration to the e-mail address [email protected]. The Agreement shall terminate upon the expiry of 15 days from the date on which the Developer receives notification of the amendments, unless a shorter period applies to the Agreement. If the declaration is submitted after the expiry of that period, termination shall take effect upon its receipt by the Service Provider.

For the reasons specified in point 17.1, the Service Provider may also amend the manner of operation, functionalities or scope of the Developer Portal and the Electronic Services. The Service Provider may provide information in the Developer Portal about amendments that do not affect the rights or obligations of the Developer or User. Points 17.2–17.4 shall apply to the remaining amendments.

PROVISIONS CONCERNING CONSUMERS

The provisions of the Terms and Conditions shall not exclude or limit the Consumer’s rights arising under the applicable mandatory provisions of law. In the event of a conflict, those provisions shall apply.

A Consumer who has concluded the Agreement at a distance may withdraw from it without giving any reason within 14 days from the date of its conclusion, if he or she is entitled to that right under the applicable provisions of law. The declaration of withdrawal may be sent to the e-mail address [email protected]. To meet the deadline, it is sufficient to send the declaration before its expiry. The Consumer may use the model withdrawal form constituting Appendix No. 1 to the Terms and Conditions, but this is not mandatory.

The Consumer may submit complaints concerning the Electronic Services on the terms set out in the Terms and Conditions. The rights provided for in the complaints procedure shall not limit the Consumer’s rights arising under the applicable mandatory provisions of law, including those concerning the conformity of the digital service with the Agreement, if such provisions apply.

In the event of a change in the manner of operation, functionalities or scope of the Developer Portal or the Electronic Services, the Consumer shall have the rights arising under the applicable mandatory provisions of law, including the right to terminate the Agreement if the change materially and adversely affects access to or use of the service.

The provisions of the Terms and Conditions concerning the Consumer shall also apply to a natural person conducting business activity to the extent that the applicable mandatory provisions of law grant that person, in relation to the relevant Agreement, the protection afforded to a consumer.

GOVERNING LAW AND DISPUTE RESOLUTION

The Agreement shall be governed by Polish law, subject to the mandatory provisions of law, in particular those concerning the Consumer, including those arising under the law of the country of his or her habitual residence. In matters not regulated in the Terms and Conditions, the generally applicable provisions of Polish law shall apply.

The Parties shall seek to resolve the dispute amicably, which shall not limit the right to refer the matter to a court. Disputes with a Developer who is not a Consumer shall be resolved by the court of general jurisdiction having territorial jurisdiction over the Service Provider’s registered office, provided that such agreement on jurisdiction is legally effective and does not infringe exclusive jurisdiction. In relation to the Consumer, court jurisdiction shall be determined by the mandatory provisions of law.

The Consumer may use the available out-of-court methods of handling complaints and pursuing claims. Information on the competent entities may be available on the websites of national consumer protection authorities, including, for Poland, the Office of Competition and Consumer Protection. The Service Provider’s participation in the proceedings shall be voluntary, unless a provision of law or a separate undertaking provides otherwise.

FINAL PROVISIONS

These Terms and Conditions shall apply as of the Effective Date indicated at the beginning of this document.

If any provision of the Terms and Conditions proves to be invalid or ineffective, this shall not affect the validity of the remaining provisions.

The Developer may not transfer the Agreement, the Account or the rights and obligations related to the Developer Application to another entity without the Service Provider’s prior written consent, under pain of nullity, and without carrying out the required verification. This restriction shall not apply to succession occurring directly by operation of law, provided that the Service Provider may require documents confirming the succession and the data necessary to update the Account.

In the event of a conflict between the documents or arrangements comprising the Agreement, priority shall be given in the following order: (i) documents, terms or arrangements expressly incorporated into the Agreement, if, upon their incorporation, it was indicated that they take precedence over the remaining elements of the Agreement, (ii) the Verification Rules, to the extent concerning the submission, verification and publication of Applications, and (iii) the Terms and Conditions. In all other respects, the individual elements of the Agreement shall apply jointly.

Use of the Electronic Services as services provided by electronic means entails the typical risks associated with the transmission of data over the Internet, such as dissemination of the User’s or Developer’s data, access thereto by unauthorised persons or loss thereof. The Service Provider, the User and the Developer shall take measures aimed at minimizing those risks.

Use of the Developer Portal may entail the need to incur Internet connection costs (data transmission charges), in accordance with the tariff plan of the service provider used by the person concerned.

The Terms and Conditions do not restrict the Developer from offering the Developer Application or the related services through other distribution channels or on different terms. The Service Provider shall not make the Developer Application available through other distribution channels or affiliate programmes without the Developer’s consent.

Information concerning the processing of Developers’ and Users’ personal data by the Service Provider is set out in the privacy policy available within the Developer Portal.

APPENDIX NO. 1 – MODEL WITHDRAWAL FORM

– Addressee:

Mudita sp. z o.o. with its registered office in Warsaw

6 Jana Czeczota Street

02-607 Warsaw

– I/We(*) hereby give notice of my/our withdrawal from the contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for specific work consisting in the production of the following goods(*) contract for the provision of the following service(*)

– Date of conclusion of the contract(*) / receipt(*)

– Full name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if this form is submitted on paper)

– Date

(*) Delete as appropriate.