Markerra Studio Terms of Service

§1. Who provides the service and how to reach us

The service provider is Przemysław Wiśniewski Digital, ul. Turmoncka 22/1103, 03-254 Warsaw, Poland, NIP 5243019522, REGON 529876286, entered in CEIDG ("Markerra", "we"). Contact for all matters, including complaints and abuse reports: kontakt@markerra.app, telephone +48 793 961 767. We reply in Polish and English.

Contact point under the Digital Services Act. The address kontakt@markerra.app serves both as the contact point for authorities of the Member States, the Commission and the Board (Article 11 of Regulation (EU) 2022/2065) and as the contact point for recipients of the service (Article 12). The languages of contact are Polish and English. Reports are handled by a person — we do not use automated means to decide on content, with one exception: players' nicknames in the Leaderboard (§10).

§2. Definitions

• Studio — the web panel for building and publishing a field game yourself.
• App — the Markerra mobile app (Android and iOS) in which players play the game and in which the Organizer can write the NFC tags for the points of their game.
• Organizer — the person or entity that creates a Studio account and publishes a game. The organizer of a game toward players is always the Organizer, not Markerra.
• Game — a route with points (QR, NFC, code word, reach-the-spot), content and a finale, configured by the Organizer.
• Publication — making a game available to players, with a six-character join code: for a fee — once, for the period of the chosen plan (“one-off Publication”), or as a Subscription (together, “Paid Publication”) — or free of charge during the free period (“Free Publication”, §3a).
• Subscription — the Publication of one game indicated in the order, renewed automatically for successive billing periods — monthly or yearly — until the Organizer ends it.
• Billing period — a month or a year of the Subscription, counted from the day of payment (§6a(2) sets out the exception for the first fee of a company or institution collected later than when the Subscription was set up with the payment operator, for example after confirmation on the operator's payment page); the next one begins on the renewal day.
• Publication period — for a one-off Publication, the plan period counted from the first publication of the game after payment (§6(6)); for a Subscription, the time from the first publication of the game under the Subscription until it ends; for a Free Publication, the time from the first publication of the game under the Free Publication contract until that contract ends, at the latest at the end of the free period (§3a). Neither a renewal of the Subscription nor withdrawing and republishing the game starts a new publication period.
• Free period — the time from the day this version of the terms enters into force until 10 January 2027, 23:59:59 Polish time, during which we publish games free of charge (§3a).
• Leaderboard — an optional game feature that the Organizer turns on: a list of the nicknames, places and times of players who have finished the game and chose to appear on the list themselves.
• Consumer — a natural person entering into a contract with us that is not directly connected with their business or professional activity (art. 22¹ of the Polish Civil Code).
• Sole trader on consumer terms — a natural person entering into a contract that is directly connected with their business activity, where the content of the contract shows that it is not of a professional character for them, in particular in view of the subject of their business as disclosed in the Polish business register (art. 7aa of the Polish Consumer Rights Act and art. 385⁵ of the Polish Civil Code). We apply to such a person every provision of these terms written for a Consumer. The statute requires this for the right of withdrawal (§7), the rights arising from the service not conforming with the contract (§8), changes to the service (§13) and the assessment of unfair terms; the rest we apply of our own will, because splitting one document into two regimes would hurt the reader more than it would help. One exception is not ours to make: §14, in the part on out-of-court consumer dispute resolution, covers a Consumer only — those rules apply to consumers alone, and a contract cannot extend the competence of a third-party body. Such a person may declare that the contract is of a professional character for them, at the latest when the contract is concluded; we do not make the conclusion of the contract conditional on that declaration (art. 7aa(2) of the Polish Consumer Rights Act).

§3. What the service covers

Free of charge: a Studio account, building and editing games with no time limit, testing the configuration, generating QR cards for self-printing, and during the free period also a Free Publication of games (§3a). For a fee, after the free period: Publication of a game in one of the plans — Small game (up to 8 points, up to 15 players, 1 game published at a time), Standard (up to 20 points, up to 60 players, up to 3 games at a time), Large game (up to 25 points, up to 250 players, up to 10 games at a time). A one-off Publication lasts: Small game 7 days, Standard 30 days, Large game 90 days. A Subscription for one game is monthly or yearly, and its price is the total price for the whole billing period, charged in advance. The prices of a one-off Publication and of a Subscription will be set by the version of these terms that comes into force after the free period (§3a); during the free period we do not sell Paid Publications. In a Subscription the player limit applies to each month of the Subscription, counted from the start of the billing period (§2): in each such month as many new players as the plan allows may join, and players who joined earlier keep playing. A game published under a Subscription counts towards the limit of games published at a time.

Leaderboard. The Leaderboard is a free, optional feature of a game and does not change the price of a Publication. The Organizer turns it on when publishing the game and confirms this with a statement in the panel. It can be turned on only if no player other than the Organizer has yet joined in the current publication period (the Organizer's own test does not count); it can be turned off at any time, and turning it off deletes the list, which cannot be restored in that publication period. The Leaderboard needs at least two required points and every point of the game marked on the map. In a game with a Leaderboard a player completes every point, including a QR code and an NFC tag, only on site, near its pin — so the Organizer places pins accurately. The Organizer chooses when we start counting a player's time: from joining the game or from the first point completed (Studio sets joining the game by default). Before the player enters the game, the App shows the player how we count the time; the player confirms or backs out — the game then stays on their list and, when counting from joining, the time does not run. Counting ends at the last required point, and we measure the time with Markerra's server clock. Like turning the Leaderboard on, the way of counting the time cannot be changed once a player other than the Organizer has joined in the current publication period. The Leaderboard is indicative; we do not guarantee that it is correct (§9). In a Subscription the publication period covers its whole duration, so a renewal neither clears the list nor unlocks changes; the list shows the results of players who started the game within the last 120 days: we count the 120 days from the player's start, not from the moment they finish the game, so a player who started the game more than 120 days ago is no longer on the list or in the panel, and their app shows that we do not have their time for this game. Once a player other than the Organizer has joined a game with the Leaderboard in the current publication period, the route is fixed — points cannot be added or removed, and the stages, the assignment of points to stages, the collection order (free or fixed), the order in which a player must complete points and stages, and the number of required points cannot be changed (the pin may be moved, a point's completion method, code word, name, task and descriptions may be changed, and so may stage names and the search-area radius); to change the route, the Organizer turns the Leaderboard off (the list is deleted) or creates a new game.

Software updates. The minimum period for which we provide software updates for the App (Android and iOS) and for Studio, including security updates, runs until December 2031. App updates are free of charge and available in Google Play and the App Store; Studio is updated on our side, with no action needed from the Organizer.

We sell Publications to private persons and businesses worldwide, except for countries, territories, persons and entities subject to sanctions, and Syria and Cuba. We do not conclude a Publication contract with an Organizer who lives or is established in Russia, Belarus, Iran, North Korea, Crimea, Sevastopol or the areas of the Donetsk, Luhansk, Zaporizhzhia and Kherson regions not controlled by the government of Ukraine (countries and territories subject to sanctions), nor with, or for the benefit of, a person or entity subject to sanctions (restrictive measures) of the European Union or Poland. Nor do we conclude a Publication contract with an Organizer who lives or is established in Syria or Cuba, because the payment operator through which we accept payment does not handle payments from those countries. The payment operator may also refuse payments from some other countries under its own terms — the order then cannot be paid for. We determine the Organizer's country from the country chosen in the panel, the country and region of the billing address given at payment, the country of the tax number, where one is given, and the country of the card issuer or bank, where the payment operator provides it; for a BLIK payment, the bank's country is Poland. If any of these items indicates a country or territory subject to sanctions, Syria, Cuba or Ukraine (the payment data do not distinguish its areas subject to sanctions), or if the order data indicate a possible link to a sanctioned person or entity, we do not publish the game, and we hold the publication and any refund until a person has assessed the case (usually within 2 business days); we will send the outcome by e-mail. If the assessment shows that the Organizer is not from a country or territory subject to sanctions, from Syria or from Cuba, and is not subject to sanctions, the publication starts without paying again; for a Subscription, whose billing period runs from payment (§6a(2)), we then also refund the part of the first period's fee proportionate to the time of the hold, using the same payment method within 14 days of the end of the assessment. Otherwise no contract is concluded and we refund the full amount using the same payment method promptly, and no later than within 14 days of the end of the assessment — unless sanctions law requires the funds to be frozen or prohibits their return; we then follow that law and the decision of the competent authority, and the refund is made once it becomes permitted. If the Organizer's country cannot be established from these data (for example a United States billing address with no state), we likewise do not publish the game, and a person looks into the case, usually within 2 business days (where the state is missing, replying with the state from the billing address is enough); we will tell you the outcome by e-mail. If the country established is not covered by the restrictions in this point, the publication starts without paying again (for a Subscription we then also refund the part of the first period's fee proportionate to the time of the hold, as after the assessment described above); if it is, the relevant sentences of this point apply; if the country cannot be established, no contract is concluded and we refund the full amount using the same payment method within 14 days of the decision. If a possible link to sanctions comes to light only during the publication period, with a further payment for a game that is already paid for, or at a renewal of a Subscription, we may suspend the publication for the assessment, and a suspension that does not confirm such a link is added to the publication period (for a Subscription we instead refund the part of the current period's fee proportionate to the time of the suspension, using the same payment method within 14 days of the end of the assessment). When a Subscription renews, we check the data described above before collecting the fee. If they indicate a country or territory subject to sanctions (the country code of Ukraine alone is not decisive) or Syria or Cuba, we do not charge the fee for the next period and the Subscription ends at the end of the paid period. If they indicate Ukraine alone, we charge the fee for the next period, but from that charge until a person has assessed the case (usually within 2 business days) the game's publication is suspended, and there will be no further renewal until the assessment is complete, which we tell you by e-mail straight away; this may happen again at every later renewal at which the payment data indicate Ukraine, even after an earlier assessment did not confirm a link to sanctions. We act the same way if a possible link to sanctions comes to light only after the fee has been charged. If the assessment shows that the Organizer lives or is established in a country or territory subject to sanctions, in Syria or in Cuba, or is subject to sanctions, we refund that fee in full using the same payment method within 14 days of the end of the assessment, subject to the sentence on sanctions law, and the Subscription ends. If the assessment does not confirm such a link, we will tell you by e-mail and restore the renewal of the Subscription; if it has already ended by then, a new one can be ordered. If the Organizer's country cannot be established from these data when a Subscription renews, we charge the fee for the next period, but the game is not available until this is clarified and there will be no further renewal, which we tell you by e-mail straight away; we will tell you the outcome by e-mail, usually within 2 business days. If the country established is not covered by the restrictions in this point, we restore the publication and the renewal of the Subscription and refund the part of the current period's fee proportionate to the time of the suspension; otherwise we refund that fee in full using the same payment method within 14 days of the decision, subject to the sentence on sanctions law, and the Subscription ends. For the same reasons we do not publish a game, or a change to it, where publishing it would breach sanctions law (for example a game with points in Russia, Belarus or Crimea); if for that reason a paid game is never published, we refund the full price using the same payment method within 14 days, subject to the sentence on sanctions law. If a second payment (other than the fee for the next period of its Subscription) arrives for a game that is already paid for, it does not open a second publication period — we refund it in full using the same payment method promptly, and no later than within 14 days of receiving it, subject to the sentence on sanctions law; if the first payment is still being clarified, we refund, within the same time limit, whichever payment does not pay for the publication. A Subscription cannot be ordered for a game with a running one-off Publication, and for a game with a running Subscription — even when its ending has already been requested — we accept no new order, neither a second Subscription nor a one-off Publication, until that Subscription ends. We may stop accepting new orders from a given country where the law, a court judgment or an authority's decision requires it, or where further sales would infringe third-party rights in that country or would require us to register for tax or appoint a representative there; a country covered by such a pause then cannot be chosen in the panel, and we refuse an order from it before payment, stating that orders from it are paused. The pause does not affect orders already paid for or billing periods of a Subscription already paid for; we do not charge the fee for the next period of a Subscription from such a country, and the Subscription ends at the end of the paid period, which we tell you by e-mail. If we charged a Subscription fee — for the next period or the first one — before the payment data showed a country covered by the pause, we refund it in full using the same payment method within 14 days, and the Subscription ends at once. We do not pause sales to countries of the European Economic Area unless a provision of European Union law, a provision of national law consistent with it, a court judgment or an authority's decision prevents them. The limits in this point concern the sale and publication of a game, not taking part in a game — players use the App free of charge.

The prices of a Paid Publication are gross and include Polish 23% VAT — also for buyers in other European Union countries, except for a buyer who is a VAT taxpayer in another European Union country and supplies a valid EU VAT number: the price then contains no Polish tax, and the buyer accounts for the tax in their own country (the reverse-charge sentence below describes the same case). A buyer from outside the European Union VAT area pays the same amount, but it contains no Polish tax — the place of supply of the service is then their own country or territory, outside the Union VAT area (art. 28k(1) of the Polish VAT Act for a buyer who is not a taxable person, art. 28b for a buyer who is), so we charge no Polish VAT on such a sale. The Union VAT area consists of its Member States without the territories excluded from VAT (for example the Åland Islands, the Canary Islands and the French overseas departments such as Réunion); we treat Monaco as France. Nor do we add the sales tax of any country outside the Union to the price: we are not registered for such tax in any of those countries, and should we register, that country's tax will be included in the same price — we will then change this clause. An Organizer who is not a Consumer and is from outside the Union VAT area accounts for any tax on the service themselves, where the law of their country so provides. We bill in Polish zloty only. A buyer from any other country pays the same amount in zloty, and the conversion is handled by their bank or card issuer on that provider's own terms — we charge nothing for it and have no influence on the rate. Amounts in another currency that a bank, a browser or the payment operator may display are indicative only. The amount at checkout equals the price of the Paid Publication stated in these terms; nothing is added to it. This rests on our sales of electronic services to consumers in other EU countries staying below the EUR 10,000 threshold, counted net and across all those countries together for the current and the previous year. We will register for the VAT OSS scheme before the threshold is crossed, because the very order that crosses it is already taxed at the buyer's country rate; we will change this clause at the same time. Sales to buyers outside the Union VAT area do not count toward that threshold — we count them separately for each country. A buyer who is a VAT taxpayer in another EU country and supplies a valid EU VAT number accounts for the tax themselves (reverse charge); the gross price stays the same. A buyer registered for VAT in Poland receives an invoice at 23% — reverse charge does not apply to them. Taking part is always free for players; players use the App under separate participation rules accepted in the App. Markerra provides technology only: the Studio, the App, the backend and maintenance. We do not create game concepts, content or rewards and we do not handle the Organizer's participants.

§3a. Free period

1. What it means. During the free period (§2), that is until 10 January 2027, 23:59:59 Polish time, we publish games free of charge: we charge no fees, ask for no card or other payment details and issue no invoices. A Free Publication does not renew by itself and does not turn into a Paid Publication or a Subscription. During the free period we do not sell Paid Publications. A Free Publication is the same technology service as a Paid Publication (§3), within the scope and limits set out in this section.
2. Limits. Every Free Publication has the limits of the Large game plan: the game may have at most 25 points, and at most 250 players may join it during the publication period. You do not choose or change the plan. One account may have at most 3 published games at a time — every game of the account that is published at that moment counts, while drafts and unpublished games do not. For security reasons we may also limit how many Free Publications are concluded from one account within a short time and how many such Publications may relate to games that have not been published yet; the panel then states the reason and when you can try again.
3. Concluding the contract. You conclude a Free Publication in the Studio panel for one game. First you confirm the account's e-mail address and make the statements required for every publication (§9). Then you indicate whether you are publishing as a private person or as a business or institution, make the declaration described in point 7, choose the country where you live or are established, accept these terms and click the “Publish free until 10 January 2027” button. Directly above that button the panel shows the limits in point 2 and the day the free period ends, and states that you give no card details and that nothing renews by itself or turns into a paid service. The Free Publication contract is concluded when you click that button, subject to point 6.
4. Confirmation before publication. Once the contract is concluded we send a confirmation of it to the account's e-mail address — with the limits, the day the free period ends, the withdrawal notice and the text of the declarations made — and attach the full text of these terms to the message as a file, as for a Paid Publication (§6(2)). We make the game available to players only once our e-mail provider has accepted the message for delivery. If the message cannot be sent, the game is not published and the panel lets you try again. We send the confirmation of a given contract only once.
5. End of a Free Publication. Every Free Publication ends at the end of the free period, whatever day it was concluded — unless you withdraw from it earlier (point 8) or it ends in the cases under §3, §5 or §10. At the end of the free period the game stops being available to players, including those who have not finished it yet: they will then not see the finale or the reward. If your game has a finale or a reward, plan it so that players can finish before the free period ends, and tell them about that date (§9). The game's configuration stays in the Studio (§15), and after the free period you can publish it for a fee; a Paid Publication starts a new publication period and a new Leaderboard, so the Leaderboard list from the free period does not carry over to it. Unpublishing the game (§6(7)) pauses it and frees a place in the limit in point 2, but does not end the contract: until the end of the free period you can publish the game again, without a new confirmation and with the same Leaderboard.
6. The Organizer's country and sanctions. We do not provide a Free Publication to an Organizer who lives or is established in a country or territory subject to sanctions (§3), nor to, or for the benefit of, a person or entity subject to sanctions. Nor do we offer Markerra Studio to Organizers from Syria and Cuba. We determine the Organizer's country from the country they indicate in the panel when concluding the contract; giving an untrue country breaches these terms, and if we learn that the Organizer lives or is established elsewhere, we apply this point to the actual country. A Free Publication involves no payment data, so the sentences of §3 on the billing address, the card issuer, refunds and the freezing of funds do not apply to it. If the Organizer indicates Ukraine, we do not publish the game until a person has assessed the request (usually within 2 business days); we send the outcome by e-mail. If the assessment does not confirm a link to territories subject to sanctions or to a sanctioned person or entity, you can publish the game in the panel, and we send the confirmation under point 4 before the game is made available to players; otherwise no contract is concluded. The time of the assessment does not extend the free period. Nor do we publish a game, or a change to it, where publishing it would breach sanctions law (§3).
7. Declaration under §10. For a Free Publication, the declaration that the Organizer does not operate in, or act for, the internet advertising market is made by every Organizer — a Consumer too — in the wording set out in §10 (paragraph “Free Publication”). Without that declaration we do not publish the game free of charge.
8. Withdrawal. You may withdraw from the Free Publication contract without giving a reason at any time until the end of the free period, whether you concluded it as a Consumer or as a business or institution: with the withdrawal function in the Studio panel (§7(1)) or by e-mail to kontakt@markerra.app (the model form in Annex 2 may be used). A Consumer has at least the right under §7(1) — 14 days from the conclusion of the contract — and this point extends it. Withdrawal ends the game's publication at once: the game stops being available to players, and its configuration stays in the Studio. We refund nothing and charge nothing, because a Free Publication involves no payment. We confirm receipt of the statement by e-mail. After withdrawing, you may conclude a new Free Publication contract for the same game, with a new confirmation under point 4; it means a new publication period and a new Leaderboard.
9. Availability, suspension and liability. We do not extend a Free Publication beyond the end of the free period — neither by the time the service was unavailable (§8) nor by the time of a suspension of the publication (§3, §10) — and the provisions of those sections on extending a publication or refunding part of the price do not apply to it. We announce planned maintenance in advance and fix outages without undue delay, as for a Paid Publication. This does not limit our statutory liability, including a Consumer's rights described in the first paragraph of §8 where they apply to a Free Publication. Toward an Organizer who is an entrepreneur and for whom the contract has a professional character, our liability in connection with a Free Publication is limited by §8 and §10; toward a Consumer and a sole trader on consumer terms we neither limit nor exclude it.
10. Provisions that do not apply to a Free Publication. The provisions on paid orders, prices, payments, invoices, the Subscription, refunds and settlements — in particular §6(1)–(6) and (8), §6a, §7(2) and (4), and the sentences of §3, §5, §8, §10, §13 and §15 on refunding the price, extending the publication and charges — do not apply to a Free Publication. The other provisions on Publication, including §4, §5, §9–12, §14 and §15, apply to it accordingly, unless this section provides otherwise. The account contract (§5) stays free of charge.
11. Changes to the free period and the terms after it. We do not shorten the free period; this does not rule out the end of a Free Publication in the cases under §3, §5 and §10. We may extend it only for all Organizers at once — the extension then also covers Free Publications concluded earlier, and we announce it by e-mail before the free period ends. We will send the terms of a Paid Publication after the free period, including its prices, to all Organizers by e-mail — as a change to these terms under §13 — no later than 14 days before the free period ends. After the free period a game does not move to a Paid Publication by itself: publishing it again requires a new order.

§4. Technical requirements

The Studio works in current versions of Chrome, Safari, Firefox and Edge with JavaScript enabled. The App requires an Android or iOS phone in a store-supported version and — depending on point types — a camera (QR), an NFC module, or location services (reach-the-spot). An internet connection is required. For NFC points the Organizer also needs a phone with NFC and the App, and blank, writable NFC tags (NDEF); we do not supply tags. The Organizer writes the point's token to the tag in the App: in the Studio they choose “Write NFC tags with your phone”, scan in the App a one-time QR code that is valid for a few minutes and only for that game, pick the point and hold the tag to the phone. The App writes the token as an NDEF text record and reads the tag back to check the write (on Android, a blank unformatted tag has to be held to the phone a second time for this). Connecting the App to the Studio needs no sign-in in the App, does not sign in to a player account and does not change progress in any game. The same text record with the token copied from the Studio can also be written with another NFC tag writing app — the App reads such a tag the same way; it does not check a write made with another app at the time of writing, but a tag written that way can be checked in the App with the “Check tag” button after connecting to the Studio.

We apply no technical protection measures — no DRM, no copy protection, no run limits. Beyond the requirements listed above (including those for NFC points) the service neither needs nor provides interoperability with any other hardware or software: a game built in the Studio runs in the Markerra App and nowhere else, it cannot be run in another application. The Organizer can download the configuration of their games, including join codes, in JSON format (§15); the file is for taking the data elsewhere, not for running the game in another application. That is the whole of compatibility and interoperability — we promise nothing more, so that nobody plans an integration that does not exist.

§5. Organizer account

An account may be created by an adult with full legal capacity or by a person acting on behalf of a company or institution. The account contract is concluded upon account creation, is free of charge and concluded for an indefinite period. The Organizer may terminate it at any time by deleting the account. We may terminate it only for an important reason — because we stop providing Markerra Studio, because a law, a court ruling or an authority's decision prevents us from providing it to the Organizer, or because the account has not been used for 24 months — with 30 days' notice (or at shorter notice where that law, ruling or decision requires it), or without notice in the case of a gross breach of §9–10. An account is unused when the Organizer has not logged in to Studio for 24 months and the account has no running Subscription or running Publication. Before we terminate the contract on that ground, we send a message to the account's e-mail address stating the day on which the account will be deleted (after at least 30 days) and reminding the Organizer that the data can be downloaded (§15); if the Organizer logs in to Studio before that day, we do not delete the account. If our termination, where it does not result from a breach by the Organizer, ends a paid one-off Publication or a paid billing period of a Subscription before it runs out, we refund the part of the price proportionate to the full unused days of that period, including for a monthly Subscription (and the whole price for a publication period that has not yet started), within 14 days of the end of the contract, using the same payment method; we charge no further Subscription fees. When publishing a game the Organizer provides details visible to players: a name, an e-mail for questions and complaints, and — for a company or institution — the full legal name, tax ID and address.

§6. Publication and payment

1. The Organizer places the order in the Studio panel, by clicking the button labelled "Order with an obligation to pay". Directly above that button the panel shows the chosen plan, its scope and duration, and the total price, and for a Subscription also the billing period, the fact that it renews automatically and how to end it (§6a). The Publication contract is concluded when the payment operator confirms payment, subject to §3. Clicks in the operator's window or in a banking app are not a further order — the order was already placed in the panel.
2. Payments are handled by an external operator (Stripe). Accepted means of payment: a payment card (including in a digital wallet shown by the operator's payment form, such as Apple Pay or Link) and BLIK; a Subscription can be paid only by payment card — including through Apple Pay where the operator's form offers it — not by BLIK or Link. The panel shows the means available for an order at the start of placing it. Once the contract is concluded we send the Organizer an e-mail confirming it. The body of that message carries the withdrawal notice and the model withdrawal form, and the full text of these terms in the version applicable to that order is attached to the message as a file — not as a link to a web page. The reason is simple: we can change the page, we cannot change a file the Organizer already holds. That is what a durable medium means under art. 2(4) of the Polish consumer rights act. We will send the same file on any request made to kontakt@markerra.app, including before an order — these terms are made available free of charge in a form that can be downloaded, reproduced and stored (art. 8(1)(2) of the Polish act on providing services by electronic means).
3. Prices are shown gross and in Polish zloty only — including towards buyers outside Poland. How the tax is charged, and what the conversion on the buyer's bank side means, is described in §3(5) (gross prices, tax and currency).
4. We issue an invoice for every order; who issues it depends solely on whether the Organizer is buying as a private person or as a company or institution — they state this at checkout. For a one-off Publication, a private buyer receives the invoice directly from the payment operator, as soon as the payment is settled, whatever country they order from. This is possible because we sell in Polish zloty only: an invoice issued in a foreign currency would have to show the tax amount converted into zloty (art. 106e(11) of the Polish VAT Act), which the payment operator's invoice does not carry, and we issue no such invoice at all. A company or institution enters its tax identification number in the payment form, if it has one, and receives the invoice from us, because it must go through KSeF (the Polish e-invoicing system), which the payment operator does not support. Invoices we issue ourselves are delivered within the deadline set by value added tax law — no later than the 15th day of the month following the month in which we received payment. For a Subscription we issue an invoice for each billing period. The invoice for a private buyer is created on our behalf by the payment operator, and — unlike for a one-off Publication — we send the link to it ourselves, by e-mail to the buyer's Studio account address, once the fee is settled, and where we have held the fee for the assessment described in §3 — together with the message about the outcome of that assessment; a company or institution receives the invoice from us through KSeF (the Polish e-invoicing system) no later than the 15th day of the month following the month of payment. Documents created by the payment operator for a payment by a company or institution are not a VAT invoice.
5. The Publication can be started immediately after payment is confirmed. For a one-off Publication, performance begins with the game's first successful publication after payment, before the withdrawal period ends — at the Organizer's express request made at checkout (§7(2)); for a Subscription, it begins at payment, also at an express request made at checkout (§6a(2), §7(4)).
6. The publication period is counted from the moment the game first becomes available to players after payment, so the Organizer does not pay for the time between payment and the first publication. A break the Organizer makes themselves by unpublishing the game (point 7) does not stop the period running; the consequences of unavailability for reasons on our side and of a suspension of the publication are set out in §8 and §10. When the period ends, the game stops being available; the configuration stays in the Studio and can be published again.
7. The Organizer may unpublish the game at any time. Unpublishing before the end of the period does not in itself entitle the Organizer to a refund (without prejudice to §7).
8. The commitment to donate 5% of net revenue from Markerra Studio sales to Fundacja KOT — Koty Otoczone Troską (KRS 0000230788), a Polish foundation helping homeless cats — published on the home page and in the FAQ — is made in our own name. It does not increase the price of the Publication, is not a performance owed by the Organizer, and is not a condition of concluding the contract. The basis is net revenue from paid Publications, settled quarterly. After every quarter with sales we publish a summary in the FAQ: the period, the amount transferred, the recipient and the transfer date; we keep the bank document and can show it on a justified request, but we do not publish it, because it carries account details. The commitment binds Markerra toward the public and is not part of what we owe the Organizer.

§6a. Subscription

1. You order a Subscription in the panel for one game with the “Order with an obligation to pay” button. Directly above it the panel shows the plan and its limits, the billing period, the total price for the period (for a yearly one also its monthly equivalent), the fact that it renews automatically, how to end it, when we send reminders and the minimum duration of your obligations; you confirm the automatic renewal with a separate tick box. The panel shows the types of order available to a given buyer before the order. The Subscription contract is concluded when the first payment is confirmed, subject to §3, for an indefinite period; the minimum duration of your obligations is one billing period. If you order as a company or institution, after clicking that button you save a payment card in the payment operator's window (where you also enter your tax identification number, if you have one — §6(4)), and we charge the first fee to that card straight after it is saved, without a further order. If the bank requires that payment to be confirmed (for example in the banking app), you confirm it on the operator's payment page, to which the panel and our e-mail lead; on that page you may also pay with another card. The contract is concluded when that first payment is confirmed. No contract is concluded and we charge nothing if: the bank declines the charge to the saved card without first asking for the payment to be confirmed; you do not confirm the payment within 23 hours of the Subscription being set up with the payment operator (we usually set it up straight after the card is saved and try to charge the first fee at once; the panel and our e-mail give the time; until then you may try again on the operator's payment page, also with another card); you give up the order in the panel before confirming the payment; before the fee is charged, the order can no longer be carried out (for example, the game has been deleted or paid for otherwise, or Subscription orders have been paused in the meantime); or, for other reasons, for example technical ones, we do not set up the Subscription with the payment operator within 23 hours of the card being saved or do not charge the first fee within 23 hours of setting it up. We then remove the saved card from the account with the payment operator, and you may order again. The panel shows the outcome of the order, and we also tell you by e-mail that no contract was concluded — unless you gave up the order in the panel or deleted your account. This is not a failure to collect the fee for a next period within the meaning of point 4.
2. We charge the fee for each next period in advance on the renewal day to the card given in the order, including when confirming the first payment (point 1), or changed later in the panel. You cannot change the invoice details or the country in the panel during a Subscription — write to us. The billing period runs from payment, whenever you publish the game — unlike a one-off Publication (§6(6)). Where we collected the first fee of a company or institution later than when the Subscription was set up with the payment operator — for example because the payment had to be confirmed on the operator's payment page (point 1), or because a technical issue delayed the charge — the first billing period runs from the moment the Subscription was set up with the payment operator (usually straight after the card was saved), and not from payment. The difference is at most 23 hours, and the first renewal falls up to that much earlier, counted from payment.
3. We remind you of renewals by e-mail: for a yearly Subscription 45 to 30 days before each renewal, for a monthly one at least once every 6 months, 7 to 3 days before the charge — stating the price, the renewal date and how to end the Subscription.
4. If the fee for the next period cannot be collected or the bank requires it to be confirmed, we tell you by e-mail, and the game stays available for 3 days from the start of the new period; during that time you can pay the amount due or change the card. If the fee does not arrive within those 3 days, the Subscription ends when they run out, the game stops being available to players, and we charge nothing for that time. The game's configuration stays in the Studio (§15); a new Subscription means a new publication period and a new Leaderboard.
5. You cannot change the plan or the game during a Subscription. To move to another plan, end the Subscription and, once it has ended, order a new one — while the Subscription runs, we accept no new order for that game (§3). A new Subscription means a new publication period and a new Leaderboard.
6. You can end a Subscription at any time, without giving a reason and at no cost: in the panel with the “End subscription” button and a confirmation, or by e-mail to kontakt@markerra.app. Ending takes effect at the end of the current billing period — we do not charge the next fee — and until that day you can undo it with the “Resume subscription” button. If you end the Subscription during the time described in point 4, the ending takes effect at once: the game stops being available, and we do not charge the overdue fee. We send a confirmation by e-mail straight away, stating the date and time at which your ending reached us and the day the Subscription ends. An ending requested by e-mail is confirmed no later than the next business day, but it counts from the moment the message reached us: any fee for the next period charged after that moment is refunded in full within 14 days, using the same payment method.
7. A Consumer whose yearly Subscription has renewed automatically may end it with immediate effect — a message to kontakt@markerra.app is enough: within 14 days of the renewal, with a refund of the price less the amount for the started hours since the renewal (price of the year × hours started since the renewal / hours in the billing period), and later at any time, with a refund of the part of the price proportionate to the full unused days of the billing period. We send the refund within 14 days of receiving the message, using the same payment method. This point does not apply to a monthly Subscription: you end it under point 6, and we do not refund the price of the current month (this does not limit the right of withdrawal under §7).
8. We may change the price of a Subscription for the future only for an important reason, namely: a change in the prices of the services of suppliers we use to provide the Subscription, a change in taxes or the law that affects the cost of providing it, or an increase in the limits or an extension of the functions of your plan — and at most to the extent that this reason changes the cost or the scope of the service. A change of functions under §13 that neither increases the limits nor extends the functions of your plan is not a reason to change the price. We tell you about the change, stating the new price and the reason for it, by e-mail twice: at least 30 days before the first renewal at the new price and again no earlier than 30 and no later than 7 days before it. Until the day of that renewal you can end the Subscription at no cost; the change does not affect periods already paid for.
9. Deleting the account (§5) ends the Subscription with immediate effect, with no further charges; §15 sets out the settlement. You can delete the account in the App if you sign in to it with the same Google or Apple account as to the panel, or by a request sent by e-mail to kontakt@markerra.app — the “Delete account” page gives the instructions; such a request also ends the Subscription by e-mail (point 6).
10. Deleting a game covered by a Subscription (the deletion confirmation window then warns of this effect) ends the Subscription with immediate effect, with no further charges. For a yearly Subscription we refund the part of the price proportionate to the full unused days of the current billing period, counted from the moment the game is deleted, within 14 days, using the same payment method — as when the account is deleted (§15); for a monthly Subscription we do not refund the price of the current month. If the fee for the current period is held for the assessment under §3, we settle it once the assessment is finished: under §3 (a refund for the time of the hold, or of the whole fee) and, where the assessment shows no obstacle and the Subscription is yearly, also by refunding the part of the price for the full unused days counted from the moment the game is deleted (we do not count twice any time of the hold that falls after that moment), within 14 days of the end of the assessment. If the fee for the current period is the subject of a payment complaint filed with the bank (a chargeback), we settle it once the dispute is resolved: where the bank has returned the fee, we refund nothing more, and otherwise, for a yearly Subscription, we refund the part of the price for the full unused days counted from the moment the game is deleted, within 14 days of the resolution. If the fee for the current period has not been collected (point 4), there is nothing to refund and we will not collect it. If the game is to keep running until the end of the paid period, end the Subscription (point 6) and delete the game later. This does not limit the right of withdrawal (§7) or the Consumer's rights under point 7 — they can be used also after the game is deleted.
11. The provisions on Publication apply to a Subscription unless this section provides otherwise.

§7. Right of withdrawal (Consumers)

1. A Consumer may withdraw from the Publication contract within 14 days of its conclusion, without giving a reason. Where we have held the payment for the order (for a Subscription — the first payment) for the assessment described in §3, the period runs from the end of that assessment. The withdrawal statement can be made with the withdrawal function in the Studio panel (https://studio.markerra.app/#/odstapienie). After signing in to the account used to order the Publication, the Consumer chooses “Withdraw from contract here”: the link is in the footer of every panel view, including the sign-in screen, and during the withdrawal period also next to the contract. They then select the contract, enter or confirm their name and the e-mail address for the confirmation, and click “Confirm withdrawal”. The function is available for as long as the right of withdrawal lasts. We acknowledge receipt of a statement made with the function without undue delay on a durable medium — by e-mail to the address given, stating the content of the statement and the date and time of its submission. The statement may also be made in any other unequivocal way, for example by e-mail to kontakt@markerra.app or by letter to the address in §1 (the model form in Annex 2 may be used) — also after the account has been deleted, when the function, which requires signing in, is no longer available. Sending the statement before the period expires is sufficient. A sole trader on consumer terms (§2) who ordered as a business uses the same function and confirms in it that they concluded the contract as a sole trader on consumer terms. We check their entitlement (§2) and send the outcome by e-mail before the refund deadline.
2. For a one-off Publication, at checkout the Consumer requests that performance begin with the game's first successful publication after payment, before the withdrawal period ends, and acknowledges that, withdrawing during the publication period, they will pay proportionally for the started hours of the publication period up to their withdrawal, and that once the service has been fully performed (the full plan period has elapsed), the right of withdrawal expires. The amount for the period until withdrawal is the plan price × (hours of the publication period started / hours in the plan; the 7-day plan is 168 hours, the 30-day plan 720, the 90-day plan 2,160); we count in hours rather than in days started, because a day begun a quarter of an hour ago is not a day of service. We refund the rest of the price within 14 days using the same payment method. Withdrawing before the first publication, the Consumer pays nothing — we refund the whole price. For the 7-day plan, full performance may occur before 14 days have passed.
3. The free account contract: a Consumer may withdraw from it within 14 days of creating the account, or simply delete the account.
4. A Consumer may withdraw from the Subscription contract within 14 days of its conclusion (point 1). If at checkout they requested that performance begin before that period ends, they pay for the time from the first publication of the game under the Subscription to the withdrawal: billing-period price × hours started since that publication / hours in the billing period; if they have not yet published the game, they pay nothing. We refund the rest within 14 days using the same payment method, and the Subscription ends on withdrawal. An automatic renewal is not the conclusion of a new contract and does not open a new withdrawal period; the Consumer's rights after a yearly renewal are set out in §6a(7).

§8. Markerra's responsibility

We are responsible for the service's conformity with the contract on statutory terms. A Consumer has the rights set out in Chapter 5b of the Polish consumer rights act, and they apply in this order. First the Consumer may demand that we bring the service into conformity with the contract (art. 43m). Only if we fail to do so within a reasonable time and without significant inconvenience, refuse to do so, the non-conformity persists despite our attempt, or it is serious enough that starting with a repair makes no sense, may the Consumer declare a price reduction or withdraw from the contract (art. 43n(1)). Withdrawal is excluded where the non-conformity is immaterial — but it is for us to show that it is immaterial: the act presumes it is material (art. 43n(3)). When reducing the price we take into account the time during which the service was not in conformity (art. 43n(2)). We refund the amount due without undue delay and no later than 14 days from receiving the declaration, using the same means of payment, and we do not claim payment for the time during which the service was not in conformity — even if the Consumer used it then (art. 43o(4), (6) and (7)). We neither limit nor exclude these rights; no provision of these terms may be read otherwise.

Without prejudice to the rights under art. 43m–43o of the Polish consumer rights act, we additionally undertake to keep the service available throughout the paid Publication period; we announce planned maintenance in advance and fix outages without undue delay. If unavailability attributable to us exceeds 24 hours in total during the publication period (for a Subscription — during the billing period), the Organizer may request an extension of the publication by the time of unavailability (for a Subscription — a refund of the part of the current period's price proportionate to the time of unavailability), and a Consumer may also request a proportional price reduction. The 24-hour threshold is something we give on top of the statutory standard and it limits nothing: a shorter outage is also a non-conformity and also triggers the rights described in the first paragraph.

We give no commercial guarantee and we provide no after-sales services beyond the technical support described in this section and the complaints procedure in §12. We say so explicitly, because the absence of a guarantee is information that has to be given as well. We do not apply any code of conduct within the meaning of art. 2(5) of the Polish act on counteracting unfair market practices.

We are not responsible for the game's content, the choice and safety of locations, or the finale and its delivery — the Organizer is (§9). Toward an Organizer who is an entrepreneur and for whom the contract has a professional character (and so not toward a Consumer or a sole trader on consumer terms — §2), our liability is limited to the price paid for the Publication (for a Subscription — the price paid for the last 12 months), and for a Free Publication (§3a) to PLN 1,000, and does not cover lost profits. That limitation does not apply to damage caused intentionally or through gross negligence, or to rights that the law of the Organizer's country of establishment does not allow to be excluded or limited towards them.

§9. Organizer's obligations and responsibility

The Organizer is responsible toward players and third parties for:

1. the game's concept, rules and content, and the rights to the materials used;
2. the choice of locations, permissions of owners or managers, and participants' safety at those locations — points must not lead to dangerous or inaccessible places;
3. the description and delivery of the finale or reward, including related tax obligations;
4. handling questions and complaints about the game's content, rules and finale (the Organizer's e-mail is visible in the App);
5. selecting participants in line with the age floor in the participation rules: only adults take part in Markerra Studio games, so the Organizer does not aim the game at minors and does not pass them the join code. Markerra does not verify players' age — it checks only the declaration made in the App;
6. personal data collected outside the App (for example sign-up lists for an event) — the Organizer is their separate controller;
7. the lawfulness of their activity, including §10;
8. the condition of the physical markers (stickers, plates, QR or NFC tags) used to mark the route's points: the Organizer checks them before the game starts and while it is running, removes or replaces markers that are damaged, unreadable, detached or moved elsewhere, and is responsible for the marker not creating a hazard for players or third parties, and not damaging anyone's property, where it has been placed. Markerra does not supply physical markers, does not check their condition and is not responsible for how or where they are placed — the App sees only the result of a scan, not what is actually stuck to the tree or the wall;
9. its use of the Leaderboard, if it turns it on: the Leaderboard is indicative, and Markerra does not guarantee that it is correct or verify results; any use of the list outside the panel — for example announcing results or giving prizes for a place — the Organizer carries out solely under its own rules and responsibility, as a separate controller of that use and in accordance with the law, and Markerra takes no part in such prizes; the Organizer may not present Markerra as a co-organizer of a contest or a sponsor of prizes.

The Organizer confirms these obligations by a statement at publication; we store the statement with the game.

§10. Prohibited content, reports and moderation

Prohibited are games and content that are: unlawful; infringing third-party rights; endangering participants' safety (including points in dangerous or inaccessible places); hateful, pornographic or harassing; misleading as to the organizer or the reward; or using the game to collect participants' personal data. Anyone may report content to kontakt@markerra.app, identifying the game (name or join code), the content in question and the reason; we handle reports without undue delay. Where the reporter gives an e-mail address, we confirm receipt without undue delay and, once the report is decided, notify them of the decision together with information about the available appeal routes. We do not use automated means to decide reports — a human makes the decision; the only exception is players' nicknames in the Leaderboard, described in the last paragraph of this section. On a justified report, or on finding a breach ourselves, we may suspend the game's publication or remove individual content; the Organizer receives a statement of reasons by e-mail and may appeal by replying to that address within 14 days. Markerra is run as a sole proprietorship, so the appeal is decided by the same person who made the original decision — we do not promise a separate body we do not have. We decide an appeal no earlier than 48 hours after the original decision, going through the criteria in this section again, and reply in writing within 14 days of receiving the appeal, addressing the Organizer's arguments. The financial consequences of a suspension are set out in the paragraph "Financial consequences of a suspension" below. They do not cover suspension under the second, the third or the fourth paragraph of this section (the internet advertising market), which are governed solely by those paragraphs.

Markerra does not provide services to the internet advertising market. When ordering a publication an Organizer who is not a Consumer declares that they do not operate in internet advertising, adtech, retargeting, programmatic, advertising networks or exchanges, media buying, or advertising analytics and attribution, that they are not ordering the publication on behalf of an entity that does, and that they will not use the game as a substitute for such services. Where we have doubts we may ask for clarification, stating what they concern and allowing at least 7 days for a reply; if no clarification follows within that period, or the declaration does not match the facts, we may refuse or suspend the publication and refund the price for the unused period (for a Subscription — for the unused part of the current billing period, in proportion to full days, ending the Subscription). The refund is due even where the declaration turned out to be untrue. For a Subscription the declaration covers its whole duration, including after renewals; the Organizer notifies us without delay of any change in the circumstances. The Organizer receives a statement of reasons by e-mail and may appeal on the terms set out in the first paragraph of this section. The restriction follows from contractual commitments binding on Markerra and does not affect ordinary promotional, event, retail, or loyalty use of the finished technology by an Organizer outside that market.

Toward a Consumer this clause works differently. A Consumer by definition does not run a business, so we do not take the declaration in the second paragraph from them, except for a Free Publication (the fourth paragraph). If it nevertheless turns out that the Publication is to serve activity on the market named above — because it is ordered by someone acting for such an entity, or the game is to replace its services — we may withdraw from the Publication contract within 14 days of the day we learned of it, and we refund the whole price (for a Subscription — the whole price of the current billing period, and the Subscription ends), not merely the part for the unused period, without undue delay, no later than within 14 days and using the same means of payment. Withdrawal requires us to point to the specific circumstance from which we infer the link to that market; a suspicion is not enough, and the burden of showing that circumstance is ours. The Consumer may appeal against the decision on the terms set out in the first paragraph of this section. Our withdrawal does not affect their statutory rights, including the rights under §8.

Free Publication. For a Free Publication (§3a), every Organizer — a Consumer too — makes the declaration before the game is published. A private person makes it in the wording: “I declare that I am publishing the game privately — not on behalf of or for a party that operates in online advertising, adtech, retargeting, programmatic, advertising networks or exchanges, media buying or advertising analytics and attribution — and that I will not use the game as a substitute for such services.” A business or institution makes it in the wording: “I declare that I do not operate in online advertising, adtech, retargeting, programmatic, advertising networks or exchanges, media buying or advertising analytics and attribution, that I am not publishing the game — including free of charge — on behalf of a party that does, and that I will not use the game as a substitute for such services.” Without the declaration we do not publish the game free of charge. Where we have doubts, we may ask for clarification on the terms set out in the second paragraph. If the declaration does not match the facts or no clarification arrives in time, we may refuse, suspend or end the Free Publication — toward a Consumer only after pointing to the specific circumstance from which we infer the link to that market, the burden of showing it being ours. Under these terms that is the only consequence of an untrue declaration: we reserve no contractual penalty or other charge on that account, and there is nothing to refund, because we charge nothing for a Free Publication. The Organizer receives a statement of reasons by e-mail and may appeal on the terms set out in the first paragraph of this section. The declaration covers the whole duration of the Free Publication; the Organizer notifies us without delay of any change in the circumstances.

Financial consequences of a suspension. A suspension under the first paragraph of this section (the content rules, §9) is a precautionary measure: we apply it immediately and decide whether it was justified only after handling the case. The burden of showing the breach is ours. We decide within 14 days of the day of suspension.

1. Breach established. If, having handled the case, we establish the breach, no refund is due for the suspension period and we do not extend the publication period. Where the breach can be cured, the statement of reasons says what to fix; once it is fixed we restore the publication for the remaining period.
2. No breach established. If the report turns out to be unfounded, we fail to show the breach, or we uphold the appeal, we restore the publication and extend it by the whole time of the suspension (for a Subscription, instead of an extension we refund the part of the current billing period's price proportionate to the time of the suspension). We do not require the report to be "manifestly" unfounded — it is enough that we did not establish a breach. Where restoring the publication is impossible or the Organizer does not want it, we refund the price for the time of the suspension, in proportion to the length of the plan or of the billing period, within 14 days and using the same means of payment.
3. Our delay. If we fail to decide within that time limit, then for the period from the expiry of the limit until the decision the extension or the refund under point 2 is due regardless of the outcome — including where we do in the end establish the breach. The delay is ours and we do not pass its cost on to the Organizer.
4. Permanent suspension. Where the established breach is serious enough that we do not restore the publication, the Publication contract ends on the day of the suspension and no refund is due for the period from that day to the end of the plan. That is the only financial consequence of the breach on our side: we reserve no contractual penalty, handling fee or other payment on that account. A permanent suspension of a game covered by a Subscription ends the Subscription on the day of the suspension, with no further charges. For a yearly Subscription we refund the part of the current billing period's price proportionate to the full unused days of that period, counted from the day of the suspension, within 14 days of the decision, using the same payment method; for a monthly Subscription no refund is due for the period from that day.
5. Points 1–4 apply in the same way to a Consumer and to a sole trader on consumer terms. They do not limit the Organizer's statutory rights, including the rights under §7 and §8 and the right to pursue claims before a court.
6. Toward an Organizer who is an entrepreneur and for whom the contract has a professional character, the time limit in points 1–3 is 30 days, and the extension or the refund under points 2 and 3 exhaust our obligations connected with the suspension; our liability in damages on that account is limited to the price paid for the plan or the price paid for the last 12 months of the Subscription, and for a Free Publication (§3a) to PLN 1,000, and does not cover lost profits. That limitation does not apply to damage caused intentionally or through gross negligence, or to rights that the law of the Organizer's country of establishment does not allow to be excluded or limited towards them.

What a statement of reasons contains. If we restrict content — remove part of it, suspend a game's publication, refuse publication, or suspend an account — the Organizer receives a statement of reasons no later than at the moment the measure is applied. It is written as specifically as is reasonably possible and contains the full set of elements required by Article 17(3) of Regulation (EU) 2022/2065:

1. the type of restriction applied, its territorial scope and its duration — with us the scope is always global, because the game disappears for every player holding the join code;
2. the facts and circumstances the decision rests on, quoting the content in question and stating where in the game it sits, together with whether the decision followed a report or our own initiative; we do not disclose the reporter's identity unless that is strictly necessary;
3. information on the use of automated means — with us as a rule the same: we neither detect content nor take decisions by automated means, a person does it; the exception is nicknames in the Leaderboard (the last paragraph of this section), for which we state the automated means used;
4. for allegedly illegal content — the specific legal provision and an explanation of why we consider the content illegal on that basis;
5. for a breach of these terms — the specific clause together with the number of the version in force on the day the game was published (for example "§10, first paragraph, of the terms in version 1.6") and an explanation of the breach; never just "the terms";
6. the financial consequence of the decision — whether we refund the price, what part of it, and by when;
7. information on redress: the deadline and address in this section, the courts, and — for an Organizer who is a Consumer — the out-of-court procedures listed in §14. We do not point to the EU ODR platform, because it has been shut down.

A decision on an appeal carries the same set of elements. We do not mix grounds in one statement: a decision based on the content rules and a decision based on the second, third or fourth paragraph of this section have different financial consequences, so each gets its own statement of reasons.

Leaderboard nicknames. A nickname that a player chooses in the Leaderboard is the player's content within the meaning of this section. Nicknames with the content listed in the first paragraph, containing a full name or contact details, or impersonating someone, are prohibited. When a nickname is entered, we apply an automated filter that rejects a prohibited nickname before it reaches the list and states the reason for the rejection. A player who has finished the game can report another player's nickname in the App with the “Report nickname” button; reports from three different players hide the nickname automatically, and a person reviews the entries hidden that way and can lift the hiding. We can also hide a nickname or a result ourselves, and the Organizer can hide an entry on their game's list — a hiding by the Organizer is the Organizer's decision, not ours. We tell the player about the hiding of a nickname or a result in the App, with a reason code, in line with Article 17 of Regulation (EU) 2022/2065. In the App we state the reason for the hiding together with its basis (the reason code shows which of the rules in this section was breached), whether the hiding was automatic after reports from other players or our decision, and the address for an appeal — kontakt@markerra.app (a person decides on the message). We give the full information on the type of restriction, the facts and circumstances, the basis, and on judicial and out-of-court redress (§14 and the Privacy Policy) in these terms, in the Privacy Policy and in the reply to an appeal, not in the App. A result in which getting from one point to the next was faster than the distance allows is automatically kept off the list; that is a check of the result's integrity, not an assessment of content, and at the player's request sent to the same address a person reviews it.

§11. Personal data

Markerra is the controller of Organizers' data (account, payments) and players' data (account, progress, rules acceptances) processed in the Studio and the App — details in the Privacy policy. The Organizer does not receive players' personal data through the platform, except for the Leaderboard: if the Organizer turns it on, they see in the panel the nickname, place and time of players who themselves agreed to appear on the list. For the Leaderboard, Markerra and the Organizer are joint controllers (Article 26 GDPR), unless the Organizer is a natural person acting solely in the course of a purely personal or household activity — then Markerra alone is the controller. The arrangement between us is this: Markerra runs the Leaderboard technically, collects players' consents, handles their rights and informs them; the Organizer decides whether to turn the Leaderboard on and passes to Markerra every player's request concerning it. Any use of the list outside the panel (§9 point 9) is a separate processing for which the Organizer is responsible as a separate controller. Any game statistics are aggregated only and do not allow identifying individuals. The App uses location only at the moment of completing a point or using the map and does not track location in the background. To determine the Organizer's country and the applicable tax, and for the sanctions check, we also process the order and payment data described in §3 and the result of that check; the Privacy policy gives the details. For a Free Publication (§3a) we process the data given when it is concluded — whether you publish as a private person or as a business or institution, the country indicated, the declarations made and the confirmation sent by e-mail — as part of the Organizer account, until the account is deleted. The retention periods for data, including payment and Subscription records (and the evidence of the confirmation of automatic renewal), are set out in the Privacy policy.

§12. Complaints to Markerra

Complaints about the Studio, the App or payments: kontakt@markerra.app. We reply within 14 days of receiving a complaint. Complaints about a specific game's content, rules and finale go to its Organizer.

§13. Changes to these terms

We may change these terms for important reasons: changes in the law, changes to the service's features, or security reasons. We give notice by e-mail at least 14 days before a change enters into force, and to an Organizer with a running Subscription at least 30 days. A change does not affect one-off Publications or billing periods of a Subscription paid for before it enters into force, or Free Publications concluded before it enters into force — they continue on the existing terms until the end of the free period (§3a(11) sets out its extension); it binds an Organizer with a running Subscription from the first renewal after the day it enters into force, unless they have ended the Subscription before that day. An Organizer who does not accept a change may terminate the account contract before the change takes effect.

Changes to the service itself. We may change the features of the Studio and the App also where the change is not necessary to keep the service in conformity with the contract — but only for one of the following justified reasons: the security of the service and its users; requirements of the app stores or of the providers we rely on; a change in the law; a provider withdrawing a technology; or replacing a feature with one that works at least as well. Such a change carries no costs for the Organizer. We give clear and comprehensible information about it and, where the change significantly and adversely affects access to the service or its use, we give that information in advance and on a durable medium, stating what the change is and when it takes effect. In that case a Consumer may terminate the contract with immediate effect within 30 days of the change, or of being informed of it if that came later (art. 43p and art. 43q(2) of the Polish consumer rights act). We then settle up as on withdrawal: we refund the price for the period the Consumer did not use (for a Subscription — in proportion to the full unused days of the current billing period), within 14 days and using the same means of payment.

§14. Governing law and disputes

Polish law applies, provided that a Consumer from another country — including a country outside the European Union — does not lose the protection of the mandatory provisions of the law of their habitual residence, where those provisions apply to this contract. The references to the President of the Office of Competition and Consumer Protection, to the consumer ombudsman and to the Trade Inspection concern Consumers from the European Union; a Consumer from outside the Union may use the consumer-protection bodies of their own country, and the preceding sentence on the mandatory provisions of the law of their habitual residence applies to them just the same. A Consumer may use out-of-court complaint and redress procedures, including the help of municipal consumer ombudsmen or the Trade Inspection. The register of entities approved to run consumer alternative dispute resolution procedures is kept by the President of the Office of Competition and Consumer Protection and is available at polubowne.uokik.gov.pl/rejestr, along with a description of how to start a procedure before each of them, what it costs and how long it takes. The application goes directly to the chosen entity, not to us. Taking part in such a procedure is voluntary for both sides — so we say plainly how we use that freedom, instead of leaving a Consumer with a description of the law and nothing else. We have not undertaken to use out-of-court consumer dispute resolution and no provision obliges us to, so we do not name “our” approved entity — we have none. If a Consumer's complaint is not upheld in full, we will hand them, together with our answer and on a durable medium, a statement saying whether we agree to take part in a procedure before the approved entity they choose, or refuse. If we make no such statement, we are deemed to agree to take part (art. 32 of the Polish Act of 23 September 2016 on out-of-court resolution of consumer disputes). A refusal closes no court route and limits no right under §8. We do not point to the EU ODR platform — it has been shut down and no longer accepts complaints. Disputes with an Organizer who is an entrepreneur and for whom the contract has a professional character are resolved by the court with jurisdiction over Markerra's seat.

§15. Termination and taking your data with you

The one-off Publication contract ends when the paid period runs out, the Free Publication contract at the end of the free period or earlier, on withdrawal (§3a), and the account contract ends when the account is deleted or terminated (§5). The Subscription contract ends at the end of the billing period in which it was ended, on withdrawal (§7 and §8) or termination (§5 and §13), in the cases in §3, §6a and §10, and on a switch of provider or an instruction to erase data only (below); the game then stops being available, and its configuration stays in the Studio unless the Subscription ended because the game or the account was deleted (§6a(9) and (10)) or because of an instruction to erase data only, each of which also deletes the configuration; on a switch of provider the configuration stays until the end of the data retrieval period (below). Apart from these cases, ending it does not mean the game configuration is lost: it stays in Studio and can be published again for as long as the account exists, with one exception — a draft game that has not been edited or published for 2 years is deleted as part of periodic data housekeeping (this does not apply to a published game or to a game covered by a running Subscription). Deleting the account deletes the games as well — so it is worth downloading or requesting your data before deleting the account, not after.

Downloading your data yourself. For as long as the account exists, the Organizer can download their data themselves at any time, without a request and without waiting: in the Studio panel, under “Your account”, with the “Download my data (JSON)” button. The contents and format of the file are described in the Data export register (markerra.app/eksport-danych-en). The route described in the next paragraph remains available alongside it — for example if the downloaded file is incomplete or the panel is not working.

Data on request. On a request sent to kontakt@markerra.app we hand the Organizer the configuration of their games — names, descriptions, points with their coordinates, content and finale settings — in JSON, a commonly used, machine-readable format. We do this free of charge, within 14 days of receiving the request, during the contract and for the retrieval period described below, including at least 30 days after the transition period ends. We set no exit conditions: the request needs no justification, does not extend the contract and affects neither the right of withdrawal nor complaints.

Termination and the transition period for moving your data. The Organizer may terminate the account contract at any time, with no notice period (§5). A request to switch providers, move to your own infrastructure, or erase data only can be sent to kontakt@markerra.app. For a transfer, the transition period is at most 30 calendar days from receipt of the request (Article 25(2)(a) and (d) of Regulation (EU) 2023/2854); it does not wait for the paid publication to end. The Organizer may extend it once for a period appropriate to their needs (Article 25(5)). During the transition period we ensure continuity and security of the service, account and configuration access, assistance with the transfer, and information about known continuity risks. We provide the data in JSON within 14 days of the request. Starting a switch does not itself extend the paid publication period. We place no technical, contractual or organisational obstacles in the way of switching providers.

Data retrieval after switching and erasure. After the transition period ends, we provide a separate period of at least 30 calendar days to retrieve the data (Article 25(2)(g)). During this period exportable data remains available for secure retrieval; we do not delete it before the period expires. After it expires we erase exportable data and digital assets related to the service if the transfer has been completed successfully, unless the Organizer agrees a later date with us. Statutory duties to retain accounting documents and protect personal data remain in effect. Successful completion of the transfer terminates the contract for the transferred service; we notify the Organizer. For an instruction to erase data only, the contract terminates upon receipt of the instruction, with no notice period (Article 25(2)(c) and (h)). Before using account deletion, you should therefore choose whether your purpose is to transfer your data or to erase it. An ordinary paid one-off Publication ends when its period expires, and a Subscription at the end of the billing period in which it was ended. These rules do not limit the right of withdrawal or complaints.

Charges for switching and for taking your data out: zero. For handing over the data, exporting it, moving it to another provider or to your own infrastructure, for terminating the account contract, or for ending your use of the service early, we charge nothing at all. We reserve no early-termination penalties and apply no reduced switching charges — because there is no charge that could be reduced. If a yearly Subscription ends before the paid period runs out because of a switch of provider, an instruction to erase data only (paragraph above), the deletion of the account or the deletion of the game (§6a(10)), we refund the part of the price proportionate to the full unused days counted from the moment the Subscription ends — or, for a request to delete the account sent by e-mail, from the moment we receive the request, even if the account is deleted later — within 14 days of the end of the Subscription, using the same payment method; for a monthly Subscription we do not refund the price of the current month — that is the only financial consequence of ending early, and we charge no additional amount. Where the fee for the current period is held for the assessment under §3, is the subject of a payment complaint with the bank, or has not been collected, the sentences of §6a(10) on such fees apply accordingly. Where we terminate the account contract, §5 sets out the settlement, and for a permanent suspension of a game, §10. The only charges provided for in these terms are the prices of a one-off Publication and of a Subscription (§3), which we do not charge during the free period (§3a). This paragraph is at the same time the dedicated information on charges required by Article 29(4) and (6) of Regulation (EU) 2023/2854.

What we hand over is the Organizer's data and data about the game, not players' personal data — apart from the Leaderboard list shown in the panel (§11), the Organizer does not receive those through the platform, so they cannot receive them on the way out either; the Leaderboard list is not part of the data hand-over or of the export from the panel, and is visible in the panel until the end of the publication period. Results are handed over in aggregated form that does not allow anyone to be identified. Players' rights to their own data are handled by Markerra as the controller and are described in the Privacy policy.

This has a paragraph of its own because services that are hard to leave with your own data are usually hard to leave not out of ill will, but because nobody ever wrote the way out down. What we commit to here is the scope, the deadline and the absence of a fee — not the tool we use to do it.

Infrastructure jurisdiction and protection against access by foreign authorities. The information required by Article 28 of Regulation (EU) 2023/2854 — the jurisdiction to which the ICT infrastructure used to provide Markerra Studio is subject, and the measures against international access to non-personal data held in the Union — is published and kept up to date in the section "Where we process data and how we protect it against access by foreign authorities" of the Privacy policy, as required by Article 28(2) of that Regulation.

Register of exportable data structures and formats. The up-to-date online register referred to in Article 26(b) of Regulation (EU) 2023/2854 — a detailed description of the data structures, data formats and the standards and open interoperability specifications in which we hand over the exportable data — is published at markerra.app/eksport-danych-en and updated with every change to the export format.

Change history

Version 2.7 of 24 October 2026 — new §3a and definitions in §2 (the free period until 10 January 2027, 23:59:59 Polish time: a Free Publication with the limits of the Large game plan, at most 3 published games at a time on one account, a confirmation by e-mail with these terms before the game is made available to players, all Free Publications end when the period ends, no extensions, withdrawal until the end of the period with nothing to refund, Syria and Cuba outside the service area, Ukraine after a person's assessment, the terms of a Paid Publication no later than 14 days before the period ends); the key points card and §3 without amounts (the prices of a Paid Publication will be set by the version in force after the free period; the card's points on the Subscription, ordering, sales and withdrawal concern a Paid Publication); §8 and §10 (limitation of liability towards businesses for a Free Publication; for a Free Publication every Organizer, a Consumer too, makes the §10 declaration); §11, §13, §15 and Annexes 1 and 2 (Free Publication). Version 2.6 of 16 October 2026 — the key points card, §7(1) and Annex 1 (the withdrawal function in the Studio panel: “Withdraw from contract here” and “Confirm withdrawal”, an acknowledgement of receipt by e-mail with the statement's content and the date and time of its submission; a statement may also be made in any other unequivocal way, for example by e-mail or by letter; where we have held the payment for the assessment under §3, the withdrawal period runs from the end of that assessment); Annexes 1 and 2 (postal address and phone number, examples of how to make the statement, the statutory model sentence on a refund with no fees and by another means of payment only where expressly agreed, signature on a paper form); §2, §3, §6(2) and §6a(1) and (2) (a Subscription ordered by a company or institution: saving the card in the payment operator's window and charging the first fee straight afterwards, confirming the payment on the operator's payment page, no contract where the first payment does not go through, the first renewal where we collect the first fee later than when the Subscription was set up with the payment operator, for example after the payment is confirmed; Apple Pay where the operator's form offers it); §8 and §10 (the limitation of liability towards businesses does not cover damage caused through gross negligence and, in §10, rights that the law of the Organizer's country of establishment does not allow to be excluded or limited); §8 and §14 (the limitation of liability and the court with jurisdiction over Markerra's seat apply to an entrepreneur for whom the contract has a professional character, not to a sole trader on consumer terms). Version 2.5 of 15 October 2026 — §2 (one-off Publication and Subscription, billing period, publication period); the key points card and §3 (prices of a one-off Publication and of a Subscription for one game, monthly or yearly; the player limit in a Subscription applies to each month; the fixed route of a game with a Leaderboard once the first player has joined; the Leaderboard list shows the results of players who started the game within the last 120 days; the check at a renewal and the hold where the Organizer's country cannot be established; no new order for a game with a running Subscription; for a BLIK payment the bank's country is Poland — Przelewy24 is no longer a means of payment); §5 (we may terminate the account contract only for an important reason — including where the account has not been used for 24 months — with a refund for unused days); §6 (means of payment, invoices for Subscription periods — we send a private buyer the link to the invoice ourselves; corrected cross-reference in point 3; start of performance for a Subscription in point 5); new §6a (Subscription: order, renewal, reminders, failed payment, ending and resuming, ending after a yearly renewal, price change, deleting the account or the game — for a yearly Subscription with a refund for unused days, also where the fee for the current period is held, is the subject of a payment complaint with the bank, or has not been collected); §7 (withdrawal from a Subscription; point 2 applies to a one-off Publication); §8, §10 (a permanent suspension of a game with a yearly Subscription — refund for unused days), §11 (the retention periods are set out in the Privacy policy), §13, §15 and the annexes; links to other markerra.app pages carry the full address, so that they also work in the file attached to the order confirmation. Version 2.4 of 9 October 2026 — the Leaderboard (an optional game feature): the key points card, §2 (definition), §3 (free, turned on before the first player joins in a publication period, needs pins at the points, points completed on site, time from the server clock counted from joining the game or from the first point completed — as the Organizer chooses, indicative leaderboard), §9 point 9 (use of the list outside the panel, including prizes for a place, under the Organizer's own rules and responsibility; Markerra does not verify results), §1 and §10 (players' nicknames as content: filter, reports, automatic hiding after three reports, hiding by the Organizer and by Markerra, statement of reasons with the way to appeal; the only exception to the absence of automated means), §11 (an exception to the Organizer receiving no players' personal data: the Leaderboard list; joint control for the Leaderboard and the household-activity exception), §15 (the Leaderboard list is outside the data hand-over). Version 2.3 of 8 October 2026 — §3 and the key points card: we sell Publications to private persons and businesses worldwide, except for countries, territories, persons and entities subject to sanctions, and Syria and Cuba (previously: European Union countries, Norway and Iceland); where there is a possible link to sanctions we hold the publication and any refund for a person's assessment instead of refunding automatically, and where the link comes to light only during the publication period or with a further payment for a game already paid for, we may suspend the publication for the assessment; a second payment for the same game is refunded within 14 days; we may pause orders from a given country for the reasons listed in §3; a buyer from outside the Union VAT area pays the same amount in zloty, with no Polish VAT and no other country's taxes; §6(1) — the contract is concluded when payment is confirmed, subject to §3; §6(3) and (4), §8, §11 and §14 — clarifications for buyers outside the Union. Version 2.2 of 7 October 2026 — §2 and §4: writing NFC tags in the App after connecting it to the Studio with a one-time QR code, with a read-back check; writing with another app remains possible. Version 2.1: a “Key points” card with links to the sections was added at the start of these terms — the summary changes nothing in their content; §15 points to downloading your data yourself in the panel with the “Download my data (JSON)” button and refers to the Data export register; §4 points to the JSON export of the configuration under §15 instead of stating that a game cannot be exported, and lists what the Organizer needs for NFC points (a phone with NFC, a writable NFC tag and an NFC tag writing app from another provider); §8 cites the full legal basis for refunds by the same means of payment (art. 43o(4), (6) and (7)); §6(5)–(6) and §7(2) count the publication period from the game's first publication after payment rather than from payment confirmation, so the Organizer does not pay for the time between payment and the first publication, and §7(2) separates what the Consumer confirms at checkout from the settlement rules on withdrawal; §3 and §6(3) no longer cover the United States — we sell Publications in European Union countries and in Norway and Iceland. Version 2.0: §15 separates the transition period for switching providers from the subsequent data retrieval period, and clarifies extensions and contract termination. Version 1.9 (with corrections of 3, 4 and 6 September 2026; 6 September: §15 states that a draft not edited for 2 years is deleted and no longer promises “aggregated game results”, which the data hand-over does not contain; §3 states the minimum software-update period — until December 2031; the sales area was extended to the United States on the same terms as Norway and Iceland — the same amount with no Polish VAT and no state tax until we cross the registration threshold in the buyer's state (§3(3) and (4)); §14 states that the references to UOKiK, the consumer ombudsman and the Trade Inspection concern Consumers from the European Union): we sell Publications to buyers in European Union countries, in Norway, in Iceland and in the United States (§3); the summary published in the FAQ is the evidence that the 5% commitment has been honoured (§6(8)); suspension of a publication is a precautionary measure — the burden of showing a breach is ours, we decide within 14 days, and no breach found or our delay gives an extension of the publication or a proportional refund (§10, previous wording preserved below); the Organizer checks and replaces physical markers, which Markerra does not supply (§9(8)); §15 states the notice period, the transition period and that switching and exit with data are free of charge, and refers to the information on the jurisdiction of our infrastructure and to the register of export formats; terminology in the English version was aligned. Version 1.8: one age threshold for participants — 18 years (§9(5); previous wording: “collecting and storing guardians’ consents before the game if the game is aimed at participants aged 13–15 (e.g. a school game) — in line with the participant rules”). Version 1.7: we sell in Polish zloty only; a private buyer’s invoice is issued by the payment operator, while companies and institutions are invoiced by us (§3, §6(3) and (4)). Version 1.6: the sales area written into §3; phone number and point of contact in §1; the distinction between a Consumer and a sole trader with consumer rights in §2; consumer rights in §4, §6, §7, §8, §13 and §14; termination and exit with your own data in §15. Version 1.5: gross price with nothing added (§3) and the appeal route with information duties toward reporters (§10). Version 1.4: financial consequences of a suspension (§10).

Previous wording of this rule, kept for the record (in force until 3 September 2026): "Suspension for a breach of the content rules (§9 and the first paragraph of this section) does not entitle the Organizer to a refund for the suspension period; after a manifestly unfounded report we restore the publication and extend it by the time of suspension."