TERMS AND CONDITIONS OF THE ONLINE SALES PLATFORM

ASSETS 4 GODOT

Important Notice:
The Polish version of these Terms and Conditions shall prevail. The English version is provided for convenience only and shall not be binding.

§ 1. GENERAL PROVISIONS

The operator of the online sales platform ASSETS 4 GODOT (hereinafter referred to as: the "Platform") is the company AOperat, conducting business at the address: Eugeniusza Kwiatkowskiego 9, 37-450 Stalowa Wola, Poland, correspondence address: Osiedle Zielone 14/15, 33-100 Tarnów, Poland (hereinafter referred to as: the "Operator").
These Terms and Conditions (hereinafter referred to as: the "Regulations") specify the rules of operation of the Platform, including the method of licensing the Assets and the rules and conditions for the sale or purchase of Licenses; the terms and conditions for Users' use of the Platform; and the rights and obligations of Users and the Operator.
Before using the Platform, users must read the content of these Regulations.

§ 2. DEFINITIONS

The terms and definitions used in these Regulations, written with a capital letter, regardless of whether they appear in the singular or plural, have the following meanings:

"Asset" or "Assets" – graphic elements such as images, drawings, animations, videos; sound elements; interface elements; or fragments of code responsible, for example, for AI or physics; recorded in any form, including, for example: 2D image files, 3D project files, GUI elements, and audio files, which constitute a work within the meaning of the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws 2022, item 2509, as amended);
"License" – the right to use the Assets granted by the Operator or the Seller to the Buyer, under the terms and conditions specified in these Regulations;
Account – a set of resources maintained for the User by the Operator under a unique name (login), in which the User's data and information about their activities within the Platform are stored;
Consumer – a Buyer who is a natural person performing a legal act with the Operator not directly related to their business or professional activity;
"Buyer" – a User who purchases a License for a given Asset or Assets directly from the Operator or from the Seller via the Platform;
Platform – an online trading platform operated by the Operator, as specified in these Regulations, available at https://assets4godot.com;
"Registration" – the procedure of creating an Account on the Platform;
"Seller" – a User who sells a License for a given Asset or Assets to a Buyer via the Platform;
"Transaction" – the conclusion of an agreement for granting a License, under the terms and conditions specified in these Regulations;
User – a natural person, legal person, or another organizational unit without legal personality, but able to acquire rights and incur obligations in its own name, who has properly registered an Account on the Platform.

§ 3. ACCOUNT REGISTRATION

Using the Platform requires creating an Account and accepting the provisions of these Regulations, and committing to comply with them.
Users can only be natural persons who are at least 18 years old and have full legal capacity, legal persons, and organizational units without legal personality, but capable of acquiring rights and incurring obligations in their own name.
A person or entity may have only one Account. Registering two or more Accounts by the same person or entity is prohibited. The Operator uses automatic mechanisms to detect if a User has more than one Account.
Account registration is carried out by filling out the appropriate registration form and providing the required data. The Operator informs the person or entity registering the Account by email to the address provided during registration about the successful registration of the Account. Upon Registration, the person or entity registering the Account becomes a User, and a service agreement is concluded between the Operator and the User under the terms specified in these Regulations.
Within 14 days from the date of Account Registration, the User may withdraw from the agreement mentioned in paragraph 4 without giving a reason. The rules for withdrawing from the agreement, including the template withdrawal form that the User may use, are specified in Annex 1 to these Regulations.
The Operator reserves the right to request additional information or documents confirming the data provided through the registration form from individuals residing outside of Poland or entities operating outside Poland, including data on the conducted business activity. If the documents are in a foreign language other than Polish or English, the Operator may also request translations into English. Information regarding the additional documents that entities referred to in the previous sentence will be required to submit will be included in an email sent by the Operator after the User fills out the registration form.
During Registration and subsequent use of the Platform, the User is required to provide true and accurate information and make statements that are truthful, as applicable. The User is also required to provide, at the Operator's request, data required under the Act of March 9, 2017, on the Exchange of Tax Information with Other Countries (Journal of Laws 2024, item 1588, as amended), to implement Council Directive (EU) 2021/514 of March 22, 2021, amending Directive 2011/16/EU on administrative cooperation in the field of taxation (the "DAC7" Act).
After Registration, the User gains access to their Account (log-in) by providing the login or email address and password.
The User should keep their data up to date in the account settings, including contact information. The User should regularly check for new correspondence from the Operator.
The User may not use the Account to perform actions that violate the provisions of the Regulations. If it is determined that the User is using the Account in a manner inconsistent with the provisions of these Regulations, the Operator reserves the right to take the actions outlined in paragraph 14 below of these Regulations.
The User may not use the Accounts of other Users or share their Account with others, except for providing access to persons duly authorized by the User to act on their behalf.
Accounts are non-transferable unless the Operator explicitly grants permission for this.
The use of bots or other software tools or programs to manage the Account is prohibited.
If the Account or the User's activities within the Platform require additional verification of information and data, or if the Operator has reasonable concerns about the security of the Account or Transaction, particularly regarding unauthorized access to the Account or violations of the Regulations by the User, the Operator may:
a) require the User to confirm their credibility, including identity, with appropriate documents;
b) temporarily restrict access to certain services provided within the Platform;
c) suspend the User's Account for a specified or unspecified period;
d) apply mechanisms or tools to block the operation of bots or other software tools used by the User to manage the Account.
After the circumstances indicated above cease, the Operator will lift the restrictions applied to the User.

§ 4. USER RIGHTS

Users are entitled to:
a) acquiring Licenses for Assets directly from the Operator or the Seller through the Platform;
b) selling Licenses for Assets to Buyers through the Platform;
c) browsing and using the Platform in accordance with these Terms and Conditions.

§ 5. GENERAL TERMS REGARDING LICENSES AND ACQUIRING LICENSES

The License defines how the Assets can be used by the Buyer.
The Assets offered by the Operator or Sellers are digital products and works within the meaning of the relevant copyright laws. The copyright to these works belongs to the Operator or the respective Seller and is protected under the applicable laws.
Buyers are obligated to respect the copyright held by the Operator or Seller and to use the Assets in accordance with the granted License. The Buyer acknowledges that violations of the License, particularly unlawful distribution of the Assets, may result in civil or criminal liability, according to the applicable laws.
Rights granted by the License are exclusively for those who have legally acquired the Assets, i.e., in accordance with these Terms and Conditions and the License.
The provisions regarding the License become binding on the Buyer upon the first action that enables the legal use of the purchased Asset. This action may include logging into the Account, downloading the Asset, viewing, or opening it. If several actions are taken, the date of binding the Buyer by the License is the date of the first action.
This License does not authorize the Buyer to grant further licenses (sub-licenses), unless the Seller explicitly agrees to this in writing under the penalty of nullity. This consent may be accompanied by additional obligations.
Assets may be protected against illegal copying. Information about any protection measures will be disclosed in the Asset's description. Removing or modifying such protection is prohibited. The Operator or Seller has the right to control whether the use of the Assets complies with the granted License. The Operator's or Seller's control rights include the right to request information and explanations regarding the use of the Assets, as well as to make a purchase (or attempt to make a purchase) of Assets from the Buyer without revealing their identity or indicating that the purchase (or attempt) is made on behalf of the Operator or Seller.
The purchase price for the License to an Asset is indicated on the Platform (hereinafter: "Purchase Price" or "Purchase Prices") and may be changed by the Operator or Seller.
By placing an order for the purchase of the License for a given Asset on the Platform, the Buyer commits to paying the Purchase Price, and the Operator commits to the mutual provision of the License by the Operator or Seller, authorizing the use of the Asset in accordance with these Terms and Conditions and the License, after receiving the Purchase Price from the Buyer.
Considering the digital nature of the Asset, after it has been downloaded, displayed, or opened, the Buyer loses the right to withdraw from the purchase contract for the Asset and the granted License.
The sales contract for the Asset entered into between the Operator and the Buyer, or the Seller and the Buyer, is concluded.
The Buyer is obligated to pay the Purchase Price in full via debit/credit card, PayPal, or any other method supported by the Stripe system.
After receiving the Purchase Price from the Buyer, the Operator will send an email confirmation of the purchase (hereinafter: "Purchase Confirmation") to the Buyer and, if applicable, to the Seller, if the Asset sold by them is involved in the Transaction.
The License is granted by the Operator or Seller upon issuance of the Purchase Confirmation by the Operator.
The Asset may be downloaded by the Buyer from the Platform immediately after receiving the Purchase Confirmation.
Subject to the provisions of paragraphs 18(d) and 19 below, during the availability period of the Asset and any new version (if made available), the Buyer may download the Asset from the Platform no more than five times.
If the Buyer wishes to obtain a full or partial refund for the License, they should contact the Operator for mediation and dispute resolution at the email address: [...].
To avoid doubt, neither the Operator nor the Seller is obligated to refund the Purchase Price for the License in cases where the Buyer:
a) decides they no longer want to use the Asset;
b) purchased the Asset by mistake;
c) does not have sufficient expertise to use the Asset;
d) can no longer access the Asset because it has been removed from the Platform by the Seller.
The Operator does not guarantee continuous availability of Assets offered through the Platform.

§ 6. DETAILED TERMS REGARDING THE LICENSE

The granted License is non-exclusive, territorially unlimited, and unlimited in time.
As part of the License, subject to the provisions of paragraph 3 below, the Operator or Seller allows the Buyer to use the Asset to create derivative works (hereinafter: "work" or "works") in the meaning of the relevant copyright law, both within commercial projects whose results may be distributed, sold, and provided to any audience for any fee by the Buyer, and in non-commercial projects for the Buyer's personal use, on any exploitation fields including, but not limited to:
1. Regarding works that are computer programs:
  a) permanent and temporary reproduction of computer programs in whole or in part by any means and in any form;
  b) translation, adaptation, modification of layout, and any other changes to computer programs, decompilation, disassembly, creating works, changing the source code;
  c) distribution, including lending or renting, computer programs or their copies, placing computer programs into commercial circulation;
  d) introduction into networks, including the Internet, publishing through mass media, computer programs, their copies, or copies;
  e) the right to define the name(s) under which the software will be used or distributed, including trade names, including the right to register trademarks.
2. Regarding works that are not computer programs:
  a) in terms of fixation and reproduction - creating copies of the work by any technique, including printing, reprographic, magnetic recording, and digital methods;
  b) in terms of the distribution of the original or copies where the work is fixed - placing into circulation, lending, leasing, or renting the original or copies, placing copies of works into commercial circulation;
  c) in terms of dissemination in ways other than those specified in point b - public performance, exhibition, display, reproduction, and broadcasting, as well as making the work publicly available so that anyone can access it at a time and place of their choosing, placing works into computer networks, especially the Internet, to make them available in these networks, enabling anyone to access them at any time and place, using works for any form of advertising and presentation.
The License does not allow the Buyer to:
a) use the Assets in logos or trademarks;
b) use, sell, share, transfer, lease, sublicense, or redistribute the Asset in a way other than as part of the project mentioned in paragraph 2 above;
c) extract elements of the Asset and use them outside the project mentioned in paragraph 2 above.

§ 7. TERMS OF ASSET DISTRIBUTION BY SELLERS

By making Assets available for sale on the Platform, the Seller grants the Operator a non-exclusive, territorially unlimited, and unlimited time license to store, publish, and distribute the Assets on the Platform, and agrees to the Operator's mediation in the sale of the Assets and granting Licenses to Buyers.
The Seller is solely responsible for the quality, safety, and legality of any Assets made available on the Platform. By making Assets available for sale on the Platform, the Seller, to the maximum extent permitted by law, releases the Operator from any responsibility for the quality, safety, and legality of any Assets made available by the Seller.
It is prohibited to make available on the Platform Assets that violate generally applicable laws or contain: pornographic, vulgar, criminal content, promote violence, hatred, discrimination, or other materials contrary to the law and good morals.
By making Assets available for sale on the Platform, the Seller agrees to grant Buyers Licenses in the scope defined by these Terms and Conditions, under conditions similar to those under which the Operator grants Licenses to Buyers for Assets made available by the Operator.
The Operator may, at its discretion, refuse to allow the Seller to offer an Asset on the Platform. The Operator is not required to provide reasons for the refusal mentioned above.
The Seller guarantees that:
a) they are the sole legal and exclusive owner of all intellectual property rights to each Asset;
b) the Asset does not violate third-party rights;
c) the Operator's exercise of rights granted under these Terms and Conditions will not violate any third-party rights;
d) the Asset does not contain viruses or other malicious codes, files, or programs that aim to limit or destroy the functionality of other software or computer hardware;
e) the Asset will not cause the Operator to violate any applicable laws.
If the Operator becomes aware that an Asset may violate generally applicable law or third-party rights, the Operator may, at its discretion, remove the Asset from the Platform and suspend the payment of any amounts owed to the Seller in connection with the sale of the Asset, as a precautionary measure, until any doubts regarding the Asset are resolved. The Operator is not responsible for any losses the Seller may incur due to the removal of the Asset from the Platform.
By making Assets available for sale on the Platform, the Seller acknowledges and accepts that 30% of the Purchase Price for each Asset received by the Operator in connection with its mediation in the sale will be retained by the Operator as a commission for the mediation. The remaining 70% of the Purchase Price will be transferred by the Operator to the Seller's account provided during account registration.
Any transaction fees due in connection with the transfer by the Operator of the amount referred to in paragraph 8 above to the Seller will be paid by the Seller. In the event that the Operator is required to pay such fees on behalf of the Seller, they will be deducted by the Operator from the payment made to the Seller.
The due VAT will be calculated, settled, and paid in relation to all Transactions in accordance with all applicable laws and regulations, and the Seller and Buyer are obligated to provide the Operator with any information and documents necessary to determine it.

§ 8. DISCLAIMER OF LIABILITY

The Operator does not guarantee that the Asset does not infringe any laws or third-party intellectual property rights.
To the fullest extent permitted by law, the Operator is not liable to any User for any damages, losses, costs, or expenses (direct or indirect) resulting from the Operator's exercise of the rights granted to it under these Terms and Conditions.

§ 9. PERSONAL DATA

In connection with operating the Platform, the Operator processes the personal data of Users who are natural persons in accordance with the Regulation (EU) 2016/679 of the European Parliament and the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: "GDPR") and the Personal Data Protection Act of May 10, 2018.
The data controller of the personal data of Users who are natural persons is Borysław Bobulski MATRIX RELIABILITY, ul. Nowodąbrowska 208A, 33-100 Tarnów, NIP: 8733164606, REGON: 122432475, correspondence address: Osiedle Zielone 14/15, 33-100 Tarnów.
The Operator processes Users' data such as: first name, last name, address, email.
The processing of personal data in the above scope is necessary for the provision of services by the Operator. To the extent that the Operator requires personal data, providing them is a condition for using the Platform.
The Operator does not store payment card data; the only entity processing payment card data is Stripe.
In connection with providing the Service, the Operator will process personal data solely for the purpose of:
1. performing the contract for the service ordered by the User (Article 6(1)(b) GDPR);
2. pursuing or defending claims related to the performance of the contract for the service ordered by the User (Article 6(1)(f) GDPR – the legitimate interest of the Operator is to defend its economic interests);
3. debt collection (Article 6(1)(f) GDPR – the legitimate interest of the Operator is to defend its economic interests);
4. organizing the provision of the service, in particular, executing contracts with subcontractors and other cooperating entities for service execution (Article 6(1)(f) GDPR – the legitimate interest of the Operator is to perform the provisions of contracts concluded with entities participating in the execution of the service).
Users who are natural persons have the right to request from the Operator access to their personal data and obtain a copy of it, the right to rectify, delete, or limit the processing of their data, the right to object to the processing, as well as the right to transfer their personal data and file a complaint with a supervisory authority (President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw), provided that:
1. the right to access personal data allows the User to obtain information from the Operator about the processing of their personal data, including the purposes and legal grounds for processing, the scope of the data held, the entities to which the data is disclosed, and the planned date for data deletion;
2. the right to obtain a copy of personal data allows the User to receive a copy of personal data processed by the Operator;
3. the right to rectify personal data allows the User to correct any discrepancies or errors in the personal data being processed and complete it if incomplete;
4. the right to delete personal data allows the User to have their data deleted if they are no longer necessary for the purposes for which they were collected or otherwise processed by the Operator;
5. the right to restrict the processing of personal data allows the User to limit its processing in the following cases:
  - a) when the person concerned contests the accuracy of personal data;
  - b) when the processing is unlawful and the person concerned objects to the deletion of personal data, requesting instead the restriction of its use;
  - c) when the Operator no longer needs the personal data for processing, but they are needed by the person concerned for the establishment, exercise, or defense of legal claims;
  - d) when the person concerned has lodged an objection under Article 21(1) GDPR against their processing – until it is established whether the legitimate grounds for the Operator's processing override the interests of the person concerned;
6. the right to object to processing for other purposes may be exercised at any time, for reasons related to the particular situation of the person lodging the objection, if the personal data is processed based on the legitimate interest of the Operator. The objection should include justification.
The personal data of Users will be processed for the duration of their use of the Platform. The processing period may be extended in cases where necessary for the purposes resulting from the legitimate interests pursued by the Operator or a third party (Article 6(1)(f) GDPR), but in no case will the processing period exceed 24 months from the completion of the service.
The Operator declares that personal data may be disclosed to entities authorized based on legal regulations.
The Operator may entrust the processing of Users' personal data to service or product providers acting on its behalf, in particular to entities providing IT, legal, and administrative services, in accordance with agreements for entrusting the processing of personal data. The Operator requires these providers to comply with legal regulations and maintain a high level of privacy protection and security for Users' personal data processed by these providers on behalf of the Operator.
Users' personal data will not be transferred by the Operator or on its behalf outside the European Economic Area. Using the Platform may involve transferring Users' personal data outside the European Economic Area by cooperating entities or independent data controllers.

§ 10. FINAL PROVISIONS

In case of copyright infringement, the Operator requests contact at the email address: contact@matrx-reliability.eu, with personal data provided, a description of the infringement, and evidence or a statement confirming that the notifier is the copyright holder or has the authority to act on behalf of the copyright holder of the relevant Asset.
The Operator may assign its rights and obligations arising from these Terms and Conditions to another entity, without affecting the rights and obligations of Users under these Terms and Conditions.
Matters not regulated in these Terms and Conditions shall be governed by applicable Polish law, particularly the provisions of the Civil Code and the aforementioned Copyright and Related Rights Act.
These Terms and Conditions, in their current version, are effective from October 1, 2024.