Stado Application Terms and Conditions

Stado Application Terms and Conditions

§1 Definitions

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

Application / Stado – the „Stado” mobile software available in the App Store (for iOS) and Google Play (for Android), as well as in a browser version (WEB) at https://stado.app, which allows you to create and join sports activities available in the Application. The mobile version allows, among other things, the purchase of a Stado+ subscription, while the WEB version does not allow payments to be made.

Controller – a company under the name STADO Sp. z o.o. (STADO Limited Liability Company) with its registered office in Międzyrzec Podlaski at ul. Nadbrzeżna 7, 21-560 Międzyrzec Podlaski, entered in the Register of Entrepreneurs kept by the District Court Lublin Wschód in Lublin with its seat in Świdnik, 6th Commercial Division of the National Court Register under KRS number: 0000993689, REGON: 523196171, NIP: 5372669618, share capital PLN 5,000, which is the owner and administrator of the Application.

Form – an electronic form available in the Application, used to create an Account in the Application.

Civil Code – the Act of April 23, 1964, Civil Code.

User – a natural person who is at least 18 years of age, has full legal capacity, and uses the Application. A User within the meaning of the Terms and Conditions is both a Consumer and a person acting for purposes related to their professional or business activity.

Consumer – any natural person who performs a legal transaction with the Controller that is not directly related to their commercial, economic, craft, or professional activity.

Data – a set of information about the User that has been entered into the Application by the User themselves or has been downloaded by the Application using other sources authorized by the User.

Account – a space made available to the User as a result of registration within the Application, in which Data is collected and within which the User gains access to the functionality of the Application.

Device – a mobile device on which the Application is installed.

Services – services provided electronically by the Controller, consisting in providing access to the functionality of the Application via the ICT system used by the User.

Stado+ – a set of additional paid features of the Application made available to the User as part of a paid subscription (monthly or annual subscription). Stado+ can only be purchased in the mobile version of the Application, via the App Store (iOS) or Google Play (Android) payment systems, in accordance with the rules set out in these Terms and Conditions and the terms and conditions of the relevant stores. Fees are charged by Apple/Google in accordance with the rules of these stores.

Billing period – the unit of time for which the Stado+ fee is charged (calendar month or calendar year, depending on the User’s choice).

User Content – any materials (e.g., activity descriptions, photos, comments) entered, posted, or shared in the Application by Users.

Agreement – an agreement for the provision of digital services concluded between the User and the Controller on the terms specified in the Terms and Conditions, upon acceptance of the Terms and Conditions and commencement of use of the Application, and in the case of the purchase of Stado+, additionally on the terms and conditions for paid subscriptions.

Terms and Conditions – this document setting out the rules for using the Application.

Act on the provision of electronic services – the Act of July 18, 2002 on the provision of electronic services.

Consumer Rights Act – the Act of May 30, 2014 on consumer rights.

Notice of Violation – information provided to the Controller by a User or a third party indicating the possibility of a violation of law, the Terms and Conditions, good morals, or principles of community life, in particular through User Content.

Contact Point – a dedicated e-mail address designated by the Controller, through which Users and public authorities may contact the Controller in matters related to the Application, including reporting and handling violations. The current Contact Point address is: [email protected].

§2. General provisions

These Terms and Conditions define the rules for using the Stado Application, including the rules for registering an Account, using the Application’s functionality, entering and sharing User Content, as well as the terms and conditions for concluding and performing the Agreement, including those relating to the Stado+ subscription.
The Terms and Conditions are made available to the User free of charge prior to the conclusion of the Agreement, in a manner enabling its acquisition, reproduction, and recording of content, in particular through publication in the Application and on the website https://stado.app in the Application Terms and Conditions tab.
The Terms and Conditions constitute terms and conditions within the meaning of Article 8 of the Act on the provision of electronic services.
The Application is primarily intended for natural persons – Consumers who use it for private and recreational purposes.
The Application may be used by natural persons or entities acting for purposes related to their professional or business activities (e.g., coaches, sports clubs, event organizers), to the extent consistent with the purpose of the Application and these Terms and Conditions.
It is prohibited to use the Application for purposes contrary to its intended use, in particular for advertising or commercial activities unrelated to sports activities.
The Controller has no control over the accuracy or correctness of the content or information provided or used by Users, and therefore:
1. The Controller is not responsible for content and data originating from users;
2. The User acknowledges that only the provision of correct and complete data will allow the Controller to properly provide the Services and use all the functionalities of the Application.
In order to ensure the proper functioning of the Application and the Controller’s pursuit of the highest quality of services, the Controller may communicate with Users both through the Application and by email to the User’s address associated with their Account.
Use of the Application is subject to the terms and conditions set out in the Terms and Conditions. By using the Application, the User agrees to the terms and conditions set out in the Terms and Conditions. If the User does not accept any provision of the Terms and Conditions, they may not use the Application.
Users are prohibited from distributing, within or through the Application, content that is unlawful, untrue (e.g., fake news, false information about the location of an activity, the nature of a meeting, its duration, or the number of participants) or inconsistent with the law, or content that infringes the rights of third parties, in particular infringing the personal rights of other Users.
It is prohibited to sell, transfer, or assign your right to use the Application to a third party.
The Controller shall make every effort to ensure the continuous availability of the Services in the highest possible quality, however, the Controller’s liability for interruptions in the provision of the Services or defects in the Services provided is excluded to the extent permitted by mandatory provisions of law, excluding damage caused intentionally or as a result of gross negligence, and without prejudice to the rights of Consumers under mandatory provisions of law.
The Controller reserves the right to temporarily disable the Application in whole or in part for the purpose of improving, modifying, or maintaining it, after informing Users in advance (if possible).
These Terms and Conditions are available in Polish and in English translation. In the event of any discrepancies between the two versions, the Polish version shall prevail.
The law applicable to the Agreement concluded between the User and the Controller is Polish law, taking into account the mandatory provisions of consumer law applicable to the User’s place of residence.

§3 Registration and Account

The basic functionalities of the Application can be used after registration and creation of an Account. Installation of the Application without registration does not allow the use of all functionalities, in particular the Stado+ subscription and participation in activities.
Account registration is done by completing the Form available in the Application, accepting the Terms and Conditions, and confirming the registration in the manner specified in the Application (via an OTP code sent to the User’s email address or by logging in with an Apple ID or Google account).
Creating an Account is voluntary and free of charge, but necessary to use the functionality of the Application, including Stado+.
Each User may only have one Account in the Application. The Controller reserves the right to delete or merge accounts that violate this rule.
The User is obliged to provide true, current, and complete data during registration and to update it while using the Application.
It is prohibited to share the Account with third parties or to use the Application on behalf of another person. The User is responsible for all actions performed within their Account.
The User is obliged to adequately secure the device on which they use the Application, including locking the device and not sharing authentication data with third parties.
The User has the right to delete their Account at any time, using the function available in the Application or by contacting the Controller at [email protected]. Deleting the Account results in the termination of the Agreement.
The Controller reserves the right to temporarily block or permanently delete the User’s Account in the event of a violation of the Terms and Conditions, generally applicable law, or the principles of social coexistence, after prior notification to the User, except in situations where immediate blocking is justified by the nature of the violation.

§4 Technical requirements

The following is necessary for the proper use of the Application:
1. a mobile device with Android version 10 or higher or iOS version 16 or higher, with Internet access, or another device with a web browser and Internet access (for the WEB version);
2. an active email account or other account that allows you to log in (e.g., Apple ID, Google);
3. for the WEB version – a correctly configured web browser that supports JavaScript and cookies.
Use of the Application requires constant Internet access. The user bears the costs associated with data transmission in accordance with the tariff of their telecommunications operator.
The Controller notes that the use of the Application may involve standard risks associated with the use of the Internet.. In order to reduce the risk, it is recommended in particular to:
1. using an up-to-date operating system and regularly installing the latest versions of the Application,
2. installing security updates provided by the device or system manufacturer;
3. using only legal software;
4. avoiding suspicious links and unknown sources of content.
The Controller shall make every effort to ensure the uninterrupted operation of the Application. Subject to the provisions of §2, the Controller has the right to temporary technical interruptions in the functioning of the Application for the purpose of its improvement, modification, or maintenance, whereby the Controller shall endeavor to ensure that technical interruptions are carried out at night (10:00 p.m.–6:00 a.m.), unless there is a need for their immediate implementation.

§5 Services

The Controller enables Users to use the Stado Application to the extent described in this paragraph.
The functionalities available to all Users include, in particular:
1. registration and login to the Application,
2. viewing the sports activity database (map, list),
3. displaying suggested activities based on the User’s preferences,
4. searching and filtering sports activities,
5. joining activities organized by other Users,
6. organizing and creating your own sports activities,
7. organizing regular meetings (e.g., regular sports team training sessions),
8. commenting on activities,
9. creating and participating in groups (including closed groups),
10. following other Users (the „follow” function).
The User may use additional features available as part of the paid Stado+ subscription, in particular:
1. STADO MATCH – intelligent matching of Users based on activity history and external data sources,
2. STADO STAY SAFE – a safety feature that assesses the safety level of a given activity and supports building trust in meetings organized in the Application,
3. STADO BEACON – a feature that allows Users in a specific area to be notified of an immediate search for partners for activities (especially team games),
4. STADO ALERT – PUSH or email notifications about activities and events that match the preferences and filters set by the User.
The scope of Stado+ functionality may change as the Application develops. The current description of the features available as part of the Stado+ subscription is published in the Application and in the App Store and Google Play in the subscription section.
The Controller reserves the right to introduce new features and modify existing App functionalities, both in terms of free services and as part of Stado+.
The Stado+ subscription is automatically renewable. Unless the User cancels the subscription before the end of the current billing period, the subscription will automatically renew for the next period (monthly or yearly), and the fee will be charged by the Apple App Store or Google Play in accordance with the terms of the respective store. The User may manage or cancel the subscription in the settings of their Apple ID account (App Store) or Google account (Google Play).

§6 Withdrawal from the Agreement

A User who is a Consumer who has concluded an Agreement for maintaining an Account may withdraw from it within 14 days of its conclusion without giving any reason.
In order to exercise the right to withdraw from the Agreement, the User should provide the Controller with an unambiguous statement of withdrawal from the Agreement, in particular:
1. using the form constituting Appendix 1 to the Terms and Conditions, or
2. by submitting a statement in any form (e.g., in an email) containing an explicit statement of withdrawal..
To meet the deadline, it is sufficient to send the statement before its expiry.
In the case of purchasing a Stado+ subscription through the App Store or Google Play, the right to withdraw from the Agreement is exercised in accordance with the rules set out by Apple or Google in their store regulations. The Controller does not directly handle refunds processed through these payment systems.
A user who has purchased a Stado+ subscription may lose the right to withdraw from the contract if they have started using the services within 14 days of purchase, after being informed of the loss of the right of withdrawal and expressing their consent to the commencement of the provision of services.

§7 Intellectual property

The copyrights to the Application, including its software, graphic layout, interface, and content made available by the Controller, are vested exclusively in the Controller or entities with which the Controller has concluded relevant agreements.
The Controller grants the User a free, non-exclusive, revocable, and non-transferable license to use the Application in accordance with its intended purpose and the Terms and Conditions. The license includes the right to install, run, and use the Application on a mobile device or in a web browser. The license is valid worldwide for the duration of use of the Application.
It is prohibited to copy, modify, distribute, share, or use the Application in a manner contrary to the Terms and Conditions or applicable law. In particular, the User is not permitted to:
1. reproduce, modify, adapt, distribute, publicly display, or distribute the Application without the express consent of the Controller,
2. decompile, reverse engineer, or attempt to obtain the source code of the Application, except as expressly permitted by law,
3. use tools for automatic data retrieval (including scrapers, bots, crawlers) to extract data from the Application.
By posting or making User Content available in the Application, the User grants the Controller a non-exclusive, royalty-free, worldwide license, for the duration of the Agreement, to use such content solely to the extent necessary for the proper provision of the Services and operation of the Application, including in particular storing, displaying, reproducing, and making it available to other Users.
The User grants the Controller the right to apply technical filtering measures and automatic content moderation in order to detect and restrict illegal content, content violating these Terms, or content that may negatively affect the safety of Users.
The User, when publishing Content containing personal data of third parties, declares that they have a valid legal basis for processing and sharing such data in the Application. The Controller shall not be liable for any infringement of third-party rights resulting from the publication of such Content by the User.
The Controller may use User Content for marketing, promotional or advertising purposes only with the User’s prior explicit consent. Such consent may be withdrawn at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

§8 Disclaimers and exclusions of liability

The Application has been developed to present information to the extent permitted by generally applicable laws and in an objective manner.
The Controller makes every effort to ensure that the Application functions correctly and to the highest quality, but does not guarantee uninterrupted or error-free operation of the Application.
The Controller reserves the right to publish sponsored, advertising, or commercial content in the Application, in accordance with applicable law. Such content will be clearly identified each time so that the User can unambiguously recognize its nature.
Commercial information posted in the Application does not constitute an offer within the meaning of the Civil Code and cannot be the basis for any claims against the Controller.
Users are solely responsible for User Content published in the Application, including its legality, accuracy, and respect for the rights of third parties. The Controller has the right to remove or block content that violates the law, the provisions of the Terms and Conditions, good manners, or the principles of social coexistence. In particular, this includes, but is not limited to, content that is:
1. hateful, discriminatory, vulgar,
2. containing pornography or obscene content,
3. promoting violence, stimulants, or behavior that threatens health,
4. violating the personal rights of others.
The User bears full responsibility for their actions or omissions within the Application.
The Controller shall not be liable for:
1. content, data, and information published by Users,
2. the consequences of the User making Data available to third parties (e.g., by failing to comply with the prohibition on sharing access to the Account),
3. services and content provided by third parties with which the Application may be integrated (e.g., payment systems, external sports platforms),
4. the User’s participation in sporting events and activities organized by other Users – the User participates in them at their own risk.
The Controller does not guarantee the timeliness or accuracy of the content published in the Application, in particular the content of advertisements posted by Users.
To the full extent permitted by law, the Controller’s liability is excluded in the event that the content of the Application, in particular the content of advertisements published by Users, is inaccurate or out of date.
The Application has been designed to enable Users to establish and maintain contacts, organize meetings, and jointly organize sports activities. The Controller has no influence on the content of advertisements posted in the Application by Users.
The Controller reserves the right to modify and update the content of the Application at any time, with the proviso that interference with User Content is permitted only in the cases provided for in these Terms and Conditions, in particular in §7(5) and §13.
The Controller’s liability towards Users who are entrepreneurs is limited exclusively to damages caused intentionally and to the amount of remuneration actually paid to the Controller by a given User in connection with the event causing the damage. The Controller’s liability towards entrepreneurs does not include lost profits.
The provisions of the Terms and Conditions do not exclude or limit the rights of Consumers under mandatory provisions of law. In the event of a conflict, generally applicable provisions shall prevail.
To the maximum extent permitted by law, the Controller’s liability for any damage, including personal injury and property damage suffered by the User in connection with the use of external services related to the Application, as well as for any damage arising in connection with participation in a sporting activity or sporting event organized by the User of the Application, is excluded. The User is obliged to exercise due caution when participating in sports activities, to observe the principles of fair play, to adapt the type and intensity of the activity to their health and physical capabilities, and to comply with applicable laws and safety rules.
The User is responsible for ensuring that their health condition and physical fitness allow them to participate in sports activities organized through the Application. In case of doubt, the User should consult a physician before taking part in any activity.
In matters not covered by these Terms and Conditions, the provisions of generally applicable law shall apply, including the Act on the provision of electronic services and the Act on consumer rights.

§9 Complaints

The User may submit complaints regarding the functioning of the Application or the provision of Services by electronic means to the following e-mail address: [email protected].
The complaint should contain at least the data enabling the identification of the User and a description of the objections raised.
The Controller shall consider complaints without undue delay, no later than within 14 days of receipt. The response to the complaint shall be sent to the User in electronic form to the email address associated with the Account.
If the complaint procedure does not bring the result expected by the Consumer, the User who is a Consumer may use extrajudicial means of dealing with complaints and pursuing claims, in particular:
1. assistance from the relevant European Consumer Center (ECC-Net), a list of which is available at: http://www.konsument.gov.pl/pl/eck-w-europie.html,
2. the ODR (Online Dispute Resolution) platform, available at: https://ec.europa.eu/odr,
3. mediation conducted by the competent Provincial Trade Inspection Authority, to which a request for mediation may be submitted (the list is available at: https://www.uokik.gov.pl),
4. the permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection (list available at: https://www.uokik.gov.pl),
5. free assistance from the municipal or district consumer ombudsman.
Detailed information on the possibilities of using out-of-court methods of handling complaints and pursuing claims can be obtained by the Consumer on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl.

§10 Personal data

The Controller of Users’ personal data is STADO Sp. z o.o. with its registered office in Międzyrzec Podlaski at ul. Nadbrzeżna 7, 21-560 Międzyrzec Podlaski.
Users’ personal data is processed in accordance with applicable law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR), and in accordance with the Controller’s Privacy Policy.
The Privacy Policy is available at: https://stado.app/polityka-prywatnosci.
Users’ personal data is processed to the extent and for the purposes necessary to use the Application, provide Services, process payments, exercise rights and obligations under the Agreement, as well as for other purposes specified in the Privacy Policy.

§11 Termination of the Agreement and amendment of the Terms and Conditions

The User may terminate the Agreement for the use of the Account at any time by:
1. using the form constituting Appendix 1 to the Terms and Conditions,
  or
2. by submitting a statement in any form (e.g., in an email) containing an explicit statement of withdrawal..
Termination of the Agreement results in the deletion of the User’s Account.
In the event of a breach of the Terms and Conditions by the User, the Controller may temporarily restrict access to the Account or specific functionalities of the Application and request the User to remedy the breach within 7 days, under pain of termination of the Agreement.
In the event of a repeated violation of the Terms and Conditions or failure to remedy the violation within the specified time limit, the Controller has the right to terminate the Agreement with immediate effect by deleting the User’s Account.
The Controller reserves the right to amend the Terms and Conditions for important reasons, including in particular:
1. adapting the Application to changes in law or case law,
2. improving the security of the Services,
3. changing or extending the functionality of the Application,
4. improving the operation of the Application,
5. improving the quality of the Services provided,
6. changing the costs of maintaining the Application,
7. the need to adapt the Application to the technical or regulatory requirements of the App Store/Google Play.
The Controller shall notify Users of any planned changes to the Terms and Conditions at least 7 days before they come into force by sending an email to the address associated with the Account, publishing the content of the Terms and Conditions in the Application, and, in the case of significant changes, by means of a PUSH notification in the Application.
The User’s failure to object to the changes before they come into force shall be tantamount to acceptance of the new Terms and Conditions.
If the User does not accept the changes, they have the right to terminate the Agreement before the date of entry into force of the new Terms and Conditions. Objection to the changes is treated as termination of the Agreement and results in the deletion of the Account.

§12 Provisions concerning Apple and Google (EULA)

This Agreement for the use of the Application is concluded between the User and STADO Sp. z o.o., with its registered office in Międzyrzec Podlaski, and does not constitute an agreement between the User and Apple Inc. or Google LLC.
Apple Inc. and Google LLC are not parties to this Agreement and are not responsible for the Application or its content.
The Controller, and not Apple Inc. or Google LLC, is solely responsible for:
1. the Application and its content,
2. maintenance, technical support, and complaint handling,
3. the compliance of the Application with applicable laws,
4. content that infringes the intellectual property rights of third parties.
The User acknowledges that Apple Inc. and Google LLC, as beneficiaries of this Agreement, have the right to enforce its provisions against the User.
In the event of a conflict between the provisions of these Terms and Conditions and the Apple App Store or Google Play regulations, the generally applicable provisions and the regulations of Apple Inc. and Google LLC shall prevail to the extent that they are more favorable to the User.

§13 Notice and Takedown Procedure and Contact Point

Users and third parties may report any content that, in their opinion, violates the law, the Terms and Conditions, good morals, or principles of community life (“Notice of Violation”), by sending such information to the Contact Point.
The Controller shall review each Notice of Violation within 14 days, assessing in particular whether the reported content:
a) violates applicable law,
b) breaches these Terms and Conditions,
c) infringes good morals or principles of community life.
The Controller shall notify the reporting party of the outcome of the review, providing reasons for the decision.
If content is removed or access is restricted, the User who posted such content will also be informed, together with reasons for the decision.
The User has the right to appeal the decision within 14 days of receiving the notification. Appeals should be submitted to the Contact Point.
The Controller shall review the appeal within 14 days and notify the User of the outcome together with reasons.
The Contact Point also serves as a channel for communication with competent public authorities regarding notices of violation or unlawful content.

Appendix 1 – Model withdrawal form

(this form should be completed and returned only if you wish to withdraw from the Agreement)

Addressee:

STADO Limited Liability Company

Nadbrzeżna 7

21-560 Międzyrzec Podlaski

e-mail: [email protected]

Declaration of withdrawal from the contract

I, ……………………………………………………. hereby inform you of my withdrawal from the contract for the provision of digital services in the form of using the Stado Application.

Date of conclusion of the contract: ……………………………………………..

Consumer’s first and last name: ……………………………………………..

Consumer’s address: …………………………………………………………………………………………….

………………………………………………………………………………………………………………………….

Email address associated with the Account: ……………………………………………..

Consumer’s signature: ……………………………………………..

(only if the form is sent in paper form)

Date: ……………………………………………..

To meet the deadline for withdrawal from the Agreement, it is sufficient to send the statement before the expiry of 14 days from its conclusion.