Terms and Conditions
Terms and Conditions
- These terms and conditions constitute the basic agreement concluded between the users of the Animality Service and the Centaurus – Animality Foundation with its registered office in Wrocław, ul. Skarbowców 23a, Building B3, 53-025 Wrocław, entered in the register of associations, other social and professional organisations, foundations and independent public healthcare institutions kept in the National Court Register by the District Court in Wrocław, 6th Commercial Division of the National Court Register under KRS no. 0000257551, REGON 020319750, NIP 8982093147 – hereinafter referred to as “Animality”, and the provisions of these terms and conditions govern the rules for the conclusion, termination and performance of the agreement, payments, and the use of the Animality Service on the terms set out herein.
- The Animality Service is both a video streaming platform enabling content creators from all over the world to share videos from their everyday lives, as well as all functionalities, software and all related applications, e-learning features, interactive features between users, additional applications (games for children – iOS and Android), live streaming and the use of VR, tools for communication with the user and other technological solutions, collectively defined as the “Service” or the “Animality Service”.
- Content posted in the Service, videos, raw audiovisual materials, live broadcasts, publications, blogs and articles available via the Service and forming part of it, are referred to in these terms and conditions as “Content”.
- The principles of personal data processing are set out in the Privacy Policy.
§ 1.
- The terms used in these terms and conditions shall mean:
- the controller of personal data is the Centaurus – Animality Foundation;
- the administrator of the Service is the Centaurus – Animality Foundation;
- subscription donation – a payment within the meaning of the Civil Code made by the
- Donor to Animality constituting payment for a subscription (payment for access to the Animality Service), offered by Animality via the Service on the terms set out in the terms and conditions;
- special donation – a donation within the meaning of the Civil Code made by the Donor to Animality for the purpose of carrying out the statutory objectives of the Foundation;
- Donor – an adult natural person as well as a legal person and an organisational unit without legal personality to which special provisions grant legal capacity, which makes or intends to make a Donation and use the Service (including a consumer – a natural person performing a legal act not directly related to their business or professional activity);
- Authorised user – a natural person having access to the Service through an account supervised by the Donor;
- user/users – a collective term for the Donor and the Authorised users;
- commercial information – any information intended directly or indirectly to promote the
- Service and/or its additional products or the image of Animality, excluding information enabling communication by means of electronic communication with a specific person and information about goods not intended to achieve the commercial effect desired by the entity ordering its dissemination, in particular without remuneration or other benefits from manufacturers;
- agreement – an agreement concluded between Animality and the user using means of electronic communication, including, with respect to consumers, an agreement concluded off-premises or at a distance within the meaning of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2023, item 2759, as amended);
- order – a declaration of intent of the Donor aimed directly at concluding a distance agreement via the online Service;
- registration – a one-off action consisting in creating an account by the Donor or the Authorised user, performed using the administrative panel made available on the website by the Service administrator;
- account (Service account) – a subpage of the Service through which the user gains access to the Service;
- password – the password to the account created during registration;
- login – a string of alphanumeric characters (e-mail), necessary to access the account, set
by the user during the registration process;
- terms and conditions – these terms and conditions constituting a legally binding
agreement between the user and Animality, available directly on the Service website;
- force majeure – an external event beyond the control of the parties, unforeseen and
impossible to avoid or prevent (in particular: strikes, wars, riots, social unrest, floods,
fires, states of epidemic or pandemic, tornadoes);
- means of electronic communication – technical solutions, including ICT devices and
cooperating software tools, enabling individual communication at a distance using data
transmission between ICT systems, in particular e-mail;
- Act on the provision of services – the Act of 18 July 2002 on the provision of services by
electronic means (Journal of Laws, 2020, item 344, as amended);
- Civil Code – the Act of 23 April 1964 (Journal of Laws of 2024, item 1061);
- Act on consumer rights – the Act of 30 May 2014 on consumer rights (Journal of Laws of
2024, item 1222);
- Payment Method – a current, valid and Animality-accepted method of payment, which
may be changed at any time and may include payment using an account held by the Donor. If the Donor provides Payment Method information and makes a purchase, the Donor consents to Animality, independently or through a payment service, charging the appropriate fee, including all applicable taxes and handling fees (“Fee”). In the case of an ongoing subscription period, the Donor agrees that Animality is authorised to charge the appropriate Fee periodically until the Donor cancels the subscription or the agreement terminates. The Payment Method can be changed by logging into the Animality Account and reviewing the details. Animality, independently or via a payment service, will attempt to verify the Payment Method indicated by the Donor by placing an authorisation hold, which is standard practice.
- Payment Operator – an entity providing a service to Users via the Przelewy24 service platform mediating the transfer of payments between the User and Animality – i.e. PayPro S.A. (PayPro) with its registered office in Poznań, ul. Pastelowa 8 (60-198), entered in the register of entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS no. 0000347935, NIP 7792369887, with share capital of PLN 5,476,300.00, fully paid up, and entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under no. UKNF IP24/2014, which the User may contact at: serwis@przelewy24.pl
§2.
- These terms and conditions define the rules for providing services by Animality, use of the Service by users and making payments by Donors. The content of the terms and conditions is available at https://animality.eu/, and the content of the Payment Operator’s terms and conditions is available at https://www.przelewy24.pl/regulamin
- The Donor’s payment is made using one of the Payment Methods accepted by Animality.
- All communication and notifications are made to the e-mail addresses provided by
Donors (Authorised users).
- With respect to services provided electronically, these terms and conditions constitute the
rules referred to in Article 8 of the Act on the provision of services.
- The entire income of Animality from both subscription donations and special donations is allocated to the statutory purposes of this Foundation and other happy animal homes.
- Upon making a purchase (Donors) or completing the registration process (Authorised users), users accept the provisions of these terms and conditions, the terms and conditions of the Payment Operator used for making payments, and the rules for processing personal data.
- Users are obliged to comply with these terms and conditions.
- Animality has the right to entrust the ongoing operation of the Service to a third party
(subcontracting) without informing users.
§3.
- Adult natural persons, as well as legal persons and organisational units without legal personality, may create an account in the Service.
- In order to use the Service, the Donor must have access to the Internet, a device capable of using the Service, register by providing the required data and provide information regarding at least one Payment Method accepted by the Service. Unless the Donor resigns from the subscription before the billing date, the Donor authorises Animality to collect the subscription fee for the next billing period using the Payment Method selected by the Donor, or the Donor makes payment for the entire specified billing period.
- Registration within the Service takes place by accepting the registration form made available in the Service, after completing the appropriate fields of that form.
- Providing data not marked in the form as optional is necessary to create an account in the Service.
- During registration, the user sets a login and password to access the account. Access to the account takes place via the set login and password.
- The Donor is obliged to maintain control over the devices used to access the Service and not disclose to anyone the password or the data of the Payment Method associated with the Service.
- The login and password are for the users’ personal use only and should be treated as confidential. By allowing other persons to access their account, the user accepts that those persons act on their behalf and that changes made by those persons to the account are binding on the user, including, in the case of the Donor, e.g. changes to the subscription plan.
- The user has the right to delete the account. The request should be submitted by e-mail to the Animality contact e-mail address provided or via the Service. A request to delete the account is equivalent to submitting a declaration of termination of the agreement binding the user with Animality.
- Animality may terminate the agreement with the user and delete their account if the user violates the provisions of these terms and conditions or uses the Service in a manner that violates generally applicable laws.
- Animality reserves the right to liquidate or suspend an account where required for the protection of users, Animality or its partners against the effects of identity theft or other dishonest actions.
- The user will be informed of the termination of the agreement under section 9 above or of the suspension of the account under section 10 via an e-mail message sent to the e-mail address provided during registration in the Service.
§4.
- Institutions or entities (e.g. an employer, school), parents or legal guardians may create, for another adult person or for a minor child, a profile via the Service and grant access and configure the profile so that they can control which Content other users assigned to their account (Authorised users) may watch in the Service.
- In the case described in section 1 above, the Donor’s Animality account will constitute
the “main account” for all additional profiles of Authorised users. The Donor, as the owner of the Animality Account, will have access to the Content watched by an Authorised user, including information about titles, parental control measures, and will have the ability to change any settings of additional profiles.
- The Donor is responsible for all activities carried out by each Authorised user and for all other activities carried out within their Animality account. In addition, in order to prevent unauthorised access to the Animality account or the Service, the Donor and each Authorised user must retain control over all devices enabling access to the Service and may not allow unauthorised persons to access their Animality Account nor disclose their e-mail address, password and Payment Method to anyone.
- The Donor may register an account and purchase more than one subscription access (permanent or periodic) for a greater number of Authorised users.
§5.
- Commercial information is provided by Animality.
- No later than at the time the Donor (consumer) expresses the will to be bound by a
distance agreement, Animality informs the Donor, in a clear and understandable manner,
to the e-mail address provided by the Donor, about:
- the main features of the service, taking into account the subject matter of the service and
the manner of communicating with the consumer;
- its identifying details, in particular the company name, the authority that registered the
business activity, as well as the registration number, the seller’s address, the e-mail address or telephone or fax numbers by which the consumer can contact the seller quickly and effectively, and the address at which the consumer may submit complaints;
- the total price or remuneration for the service including taxes, and where the nature of the subject of the service does not allow, reasonably assessed, prior calculation of its amount – the manner in which it will be calculated, as well as charges for transport, delivery, postal services and other costs, and where the amount of such charges cannot be determined – the obligation to pay them; in the case of an agreement concluded for an indefinite period or an agreement providing for a subscription, the seller is obliged to provide the total price or remuneration including all payments for the billing period, and where the agreement provides for a fixed rate – also the total monthly payments;
- the costs of using a means of distance communication for the purpose of concluding the agreement where they are higher than those normally applied for using that means of communication;
- the method and date of payment;
- the method and date of performance by the seller and the seller’s complaint handling
procedure;
- the method and deadline for exercising the right of withdrawal under Article 27 of the
Act on consumer rights, as well as the model withdrawal form contained in Annex 2 to
that Act;
- the absence of the right of withdrawal or the circumstances in which the consumer loses
the right of withdrawal;
- the seller’s obligation to provide goods free of defects;
- the code of good practice referred to in Article 2(5) of the Act of 23 August 2007 on
counteracting unfair market practices (Journal of Laws of 2017, item 2070, as amended)
and the method of becoming acquainted with it;
- the duration of the agreement or the method and grounds for termination of the
agreement – if the agreement is concluded for an indefinite period or is to be
automatically extended;
- the minimum duration of the consumer’s obligations under the agreement;
- the possibility of using out-of-court complaint and redress procedures and the rules for
access to those procedures.
- The trader is obliged to provide the consumer with a document of the agreement
concluded off-premises or confirmation of its conclusion, recorded on paper or, with the consumer’s consent, on another durable medium.
§6.
- In order to conclude the agreement, the Donor registers in the Service. In addition, the Donor places an order for a specific type or scope of subscriptions (access to the Animality Service) by providing the required Donor data and selecting an accepted Payment Method, performing subsequent technical steps based on messages or information displayed to the Donor.
- At the time of placing the order, the consumer expressly confirms that they know that the order entails an obligation to pay. If a button or similar function is used to place the order, it shall be labelled in an easily readable manner with the words “pay” or “order with obligation to pay” or another equivalent unambiguous wording.
- The agreement is concluded at a distance, using means of electronic communication and imposes an obligation to pay on the consumer. Animality informs the consumer, to the e- mail address provided by the consumer, in a clear and visible manner, directly before the consumer places the order, of the information referred to in § 5 section 2 above.
- The payment date is the day the funds are credited in the Service.
- After acceptance and payment, the subscription is activated.
§7.
- The subscription fee for using the Service is collected using the selected Payment Method on the payment date indicated on the Account page.
- The length of the billing period depends on the type of subscription plan selected during registration in the Service.
- In the case of an Authorised user, payment data is not available.
- In order to use the Service it is necessary to provide information regarding at least one
Payment Method. If the primary Payment Method cannot be used to collect the due subscription fee or if the payment using such a method is rejected, the Donor authorises Animality to collect the subscription fee using any Payment Method linked to their account.
- If payment cannot be processed due to expiry, insufficient funds or other reasons, and if the Donor does not resign from the membership, Animality suspends access to the Service until the subscription fee is collected using a valid Payment Method. The Donor acknowledges that, depending on the Payment Method used, local tax charges of varying amounts or additional fees independent of Animality may be applied.
- The Donor may update Payment Methods by visiting the Account page. After updating, the Donor authorises Animality to continue collecting subscription fees in the appropriate amount using the selected Payment Methods.
- The Donor may cancel paying for the subscription at any time, with access to the Service remaining available until the end of the paid agreement and billing period.
- Resignation from the Service (deleting the account) results in automatic deletion of the account at the end of the given billing period.
- Animality may make changes to prices and subscriptions. Examples of cost elements affecting the price of services include, among others, production and licensing costs, technical support and service distribution costs, customer support, administrative costs and other general costs, and fees, levies, taxes and stamp duties applicable in a given country.
- The Donor will be notified of price changes or changes to the Donor’s subscription at least one month before they take effect. A Donor who does not accept the change has the right to cancel the membership before the change takes effect. If the Donor purchased a
subscription in advance for a given period, the changes may take effect only after the period for which the subscription was paid has elapsed.
§8.
Animality enables Donors to provide additional support in the form of a donation (special donation) to further the idea of happy homes, which in full is allocated to the statutory objectives of Animality and the creation or maintenance of happy animal homes. The amount of additional support as a donation is determined freely by the Donor or by using the values suggested in the Service.
§9.
(applies to the Donor – consumer)
Animality confirms that the consumer, when ordering the service, submitted a request for its immediate activation, which results in the loss of the right of withdrawal at the moment the digital content is made available in the Animality Service. An inherent feature of the service is the immediacy of making digital content available. Therefore, activating the service on websites, mobile websites or via the application is possible only in conjunction with a request for its immediate performance, together with information about the loss of the right of withdrawal upon making the digital content available. The loss of the right of withdrawal does not change the fact that the consumer may cancel the service in the manner indicated in the service terms and conditions.
§10.
- The Service and any Content accessible through it are intended solely for the non- commercial personal use of the Donor and Authorised users and may not be made available to third parties.
- During membership in the Animality Service, users are granted a limited, non-exclusive and non-transferable right of access to the Service and the Content offered in the Service.
- Without Animality’s express consent, the user undertakes not to use the Service for public dissemination.
- Without Animality’s express consent, users are not entitled to:
- store, reproduce, distribute, modify, display, play, publish, license, create derivative
works, offer for sale or use the content and information contained in the Service or
obtained through it;
- bypass, remove, modify, deactivate, destroy, block, cover or prevent the functioning of
Content security measures and other elements of the Service, including the graphical user
interface, copyright notices and trademarks;
- use “robot”, “spider”, “scraper” programs or other automated means to access the
Service;
- decompile, reverse engineer or disassemble software or other products and processes
available through the Service;
- introduce any codes or products and manipulate the content of the Service in any way;
- use any data mining techniques, robots, viruses, worms, software bugs or other types of
tools for collecting and extracting data from the Service, frame any part of the Service, and attempt to interfere with, hack, damage or restrict administrative or security functions of the Service;
- reverse engineer, copy, decompile, reconstruct component parts, reconstruct source code, modify, adapt, record, reproduce, publicly perform, publicly display, transmit, sell, license, create derivative works from or based on, republish, store in device memory,
edit, publish, transmit, distribute, use, circumvent or translate in any other way, in whole or in part, the Service or any Content, or attempt to, or encourage or assist any other person in undertaking the actions indicated above, using any method of extracting, collecting or retrieving data;
- upload, post, e-mail, transmit or otherwise deliver materials intended to disrupt, prevent or limit the operation of software or computer hardware or telecommunications equipment related to the Animality Service, including computer viruses and other code, files and computer programs;
- circumvent, disable or otherwise interfere with any security technologies protecting any Content, system resources, accounts or any other part of the Service, or attempt to, or assist another person in undertaking such activities. It is prohibited to use or distribute tools intended to circumvent security (e.g. password guessing programs, cracking tools or network probing tools).
- The Service filters Content via AI depending on the age category of Authorised users.
- Irrespective of section 5, the Donor may make changes/modifications to the settings in
order to control which content the Authorised user may view.
- If the Donor provides access to any Content posted in the Service without age restrictions
or to adult Content, the Donor acknowledges that both the Donor and/or such minor may be exposed to Content that may cause fear or contain violence towards animals, animal suffering, animal abuse, animal sexual acts, adult language, alcohol, tobacco, drugs or psychoactive substances, or may be drastic for other reasons. The Donor alone is responsible for monitoring and supervising each use of the Animality Account, including its use by each Authorised user.
- In the event of a breach by an Authorised user of these terms and conditions or unlawful or dishonest use of the Service, Animality may disable or restrict the user’s access to the Service.
§11.
- The Service and all Content posted on the Service are protected by copyright, patent law, patent marks, trademarks, trade secrets or other rights.
- Copyright holders transferred copyrights in the Content to Animality or granted licences to use such Content.
- In light of section 2, the user may not publicly play any Content in public or attempt to circumvent, avoid, bypass, remove, disable, limit or otherwise neutralise any encryption, rights markings or copy protection technologies for the Content.
- Unauthorised copying, editing, displaying or distributing a copyrighted program may result in severe penalties under criminal and civil law or other applicable legal provisions.
§12.
- Animality is liable to the Donor for conformity of the service with the order, inter alia, on the basis of the Act on consumer rights. The Donor may submit a complaint if the activities of the Service are not carried out or are carried out inconsistently with the provisions of these terms and conditions.
- Basic issues related to doubts concerning the operation of the Service are described in the FAQ.
- Matters not clarified in the procedure described in section 2 should be directed to the Animality Help Centre via e-mail.
- A complaint may be submitted electronically, via the contact form or by e-mail correspondence.
- Complaints should be submitted within 14 days from the date of discovering the cause of
the complaint.
- Animality may carry out explanatory activities in the event of suspected breaches of the
terms and conditions within the scope indicated in the complaint. As part of such activities, Animality may collect information from users and take appropriate action regarding any such breaches.
- Animality shall consider complaints within 14 days from the date of receipt in proper form.
- The response to a complaint is sent exclusively to the user’s e-mail address.
- In the event of an unsatisfactory handling of the complaint for the user or of any dispute,
claim or discrepancy, Animality and the user will attempt to resolve the dispute amicably. For this purpose, the Donor is obliged to send to Animality, to the contact e-mail address, a description of the dispute, claim or discrepancy between Animality and the user (“Notice”).
- The Notice may be sent in accordance with the contact details provided in Animality’s details. The Notice should indicate:
- first and last name,
- contact details (e.g. e-mail address);
- a description of the nature and basis of the claim or dispute,
- a description of the specific requested resolution,
- the bank account number appropriate for payment of the agreed amount due.
- The Consumer has the right to have their case examined by the Permanent Arbitration
Court at the President of the Office of Electronic Communications (UKE) in the scope of property disputes arising from the agreement. The procedure concerning proceedings before this court can be found on the website of the Office of Electronic Communications (UKE) at the UKE headquarters in Warsaw and in each voivodeship delegation of UKE (located in each voivodeship capital). The Consumer has the right to pursue claims through mediation proceedings conducted by the President of the Office of Electronic Communications. The procedure concerning such proceedings can be found on the website of the Office of Electronic Communications (UKE) at the UKE headquarters in Warsaw and in each voivodeship delegation of UKE (located in each voivodeship capital). The Consumer also has the right to have the case heard by the Permanent Consumer Arbitration Court (SPSK) at the Voivodeship Inspector of the Trade Inspection. The procedure concerning proceedings before this court can be found on the website of the Office of Competition and Consumer Protection, at its headquarters in Warsaw and in each Voivodeship Inspectorate of the Trade Inspection (located in each voivodeship capital), as well as on the websites of those inspectorates. With respect to all agreements, the consumer also has the right to обратиться to the Municipal or County Consumer Ombudsman. In order to initiate an intervention by the Consumer Ombudsman, one should contact the competent City Office or County Office appropriate for the consumer’s place of residence or stay.
- If court proceedings are initiated in connection with the dispute, the dispute will be resolved by the competent court and will be subject to Polish law, with jurisdiction being determined by the seat of Animality.
§13.
- Data processed by the user such as first and last name (name), address, telephone number, bank account number, data assigned to the selected Payment Method or e-mail address are so-called ordinary personal data. Their processing takes place for the purpose of performance of the concluded agreement (e.g. in order to fulfil the Donor’s order) on the basis of the consent previously granted by the user and for the purpose of providing information regarding Animality’s statutory activities.
- Detailed rules of personal data processing are set out in the Personal Data Processing
Policy (Privacy Policy).
§14.
- For the avoidance of doubt, it is stated that none of the provisions of these terms and conditions limits the consumer rights granted under the provisions of applicable law in the territory of the Republic of Poland.
- If it is found that a provision of such nature exists, the provisions of applicable law in the territory of the Republic of Poland shall apply, in particular the Civil Code and the Act on consumer rights.
- If any paragraph or section, or any part of a paragraph or section, of these terms and conditions is deemed by a court or state authority to be unlawful, invalid or unenforceable, that paragraph or section, or that part of the paragraph or section, shall be treated as deleted. In place of the invalid provision, a rule that is closest to the purposes of the invalid provision and of these terms and conditions as a whole shall apply.
- Failure to perform an obligation due to force majeure shall not constitute grounds for pursuing any claims for damages, unless the party affected by force majeure neglected to notify the other party of such circumstances immediately after obtaining the relevant possibilities.
- In matters not regulated in these terms and conditions, the provisions of Polish law shall apply.
- The Administrator reserves the right to amend these terms and conditions at any time.
- Amendments to the terms and conditions shall be effective from the moment they are
expressly indicated and posted on the Service website.
- The current terms and conditions are published on the Service.”
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