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Legal documents

Terms of service

This is a courtesy translation. The Polish version is the legally binding text.

§ 1 General provisions

  1. These terms of service (the “Terms”) set out the conditions for using the online platform at www.folks.pl (the “Platform” or the “Website”).
  2. The Platform is operated by Good One PR Sp. z o.o., with its registered office in Warsaw at ul. Edwarda Jelinka 38, 01-646 Warszawa, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000952410, NIP (tax ID) 525-289-53-06 (“Folks”).
  3. The Platform is a tool that enables:
    a) searching for online creators (“Influencers”) so that they can promote the goods and services of businesses, as well as of entities that promote such businesses professionally (“Brands”).
    b) promoting the activity of the Influencers available in the Folks database.
  4. Influencers and Brands are together referred to as Users.
  5. Users who are Brands may be natural persons aged 18 or over with full legal capacity, legal persons, and organisational units without legal personality that can acquire rights and incur obligations in their own name.
    Legal persons and the organisational units referred to in the previous sentence act through their governing bodies or persons authorised to act on their behalf.
  6. Users who are Influencers may be natural persons aged 13 or over. Where an Influencer is under 18, their acceptance of the Terms also requires the written consent of their legal guardian. A statement to that effect may also be sent to Folks by email (as a scan). Folks is entitled to verify at any time that the legal guardian has given consent. If it is found that the legal guardian’s consent referred to above does not exist, the agreement is deemed not to have been concluded.

§ 2 General conditions of using the Platform

  1. Technical requirements for using the Platform:
    a) an end device with Internet access that allows the Platform to be used properly,
    b) an active email account,
    c) a web browser meeting a standard equivalent to Chrome 45.0+, Firefox 40.0+ or Internet Explorer 9+,
    d) Cookies and JavaScript enabled.
  2. Using the Platform in a way that is contrary to the Terms, to generally applicable law, to good practice or to the principles of social coexistence is prohibited.
  3. The Platform and its elements are protected by copyright.
  4. Any errors in the operation of the Platform may be reported under the complaints procedure.

§ 3 Account and profile

  1. To create an account on the Platform, a User fills in the registration form and activates the account following the instructions received (the “Account”).
  2. If any of the User’s details given in the registration form change, the User should update them without delay.
  3. A separate part of the Platform linked to the Account, forming a profile (the “Profile”), contains the User’s publicly available details, which are also visible to parties who are not Users. The details made public are: the pseudonym, the Influencer’s own description, links to online profiles, and their image.

§ 4 Tasks

  1. Through the Platform and using the tools available in it, Folks runs advertising campaigns for Brands (“Advertising Campaigns”).
  2. To run Advertising Campaigns, Influencers carry out tasks specified by Folks (“Projects”).
  3. For carrying out Projects, an Influencer receives remuneration, in money or in kind, as set out in the conditions for carrying out the Task. In the conditions for carrying out the Task, Folks specifies the Brand and the Advertising Campaign that the Task concerns.
  4. The opportunity to carry out Projects depends on the categories of work the Influencer indicated in the registration form (section: “join as a creator”) available at www.folks.pl.
  5. Folks sends proposals to carry out a given Project to the Influencers it has selected on the basis of the information they gave in the registration form referred to in point 4 above.
  6. On receiving a proposal to carry out a Project, the Influencer confirms by return email their intention to carry it out. The confirmation must be given within 72 hours, failing which the Influencer is deemed not to intend to carry out the Task, unless a different deadline is stated in the proposal. Before the Influencer begins carrying out a Project, an agreement with Folks must first be concluded.
  7. The Influencer is obliged to carry out the Project on the conditions set out in the agreement concluded with Folks. If no agreement is concluded, the Influencer is obliged – on pain of liability for damages – to keep confidential all documents and information obtained from Folks at the stage preceding the refusal to sign it.

§ 5 Influencers’ liability / removal or suspension of an account

  1. The Influencer is liable to Folks for any breach of these Terms. In that case Folks may suspend or remove the Influencer’s account on the Platform.
  2. Folks also has the right to suspend or remove the Influencer’s account on the Platform where the Influencer’s conduct is contrary to good practice and the principles of social coexistence.
  3. The provisions of paragraph 2 above also apply where the Influencer, within the Platform, gave untrue or misleading information about their social media activity, and the breach was material.
  4. Folks may remove an account if it finds that the Influencer’s legal guardian has not consented to the Influencer’s acceptance of the Terms.
  5. Since the Influencer is obliged to perform the obligations arising from the conditions of an accepted Task, failure to perform, or improper performance of, the Influencer’s obligations arising from the conditions of the Task may result in the suspension or removal of the Influencer’s account on the Platform.
  6. For the avoidance of doubt, removal or suspension of an account does not preclude claiming from the Influencer compensation for damage caused to Folks, a Brand or a third party in connection with the failure to perform, or improper performance of, obligations arising from the Terms or the conditions of a Task, or caused by an unlawful act or omission of the Influencer.

§ 6 Copyright

All matters relating to the transfer by the Influencer of the economic copyright in a work created as a result of carrying out a Task will be governed by the agreement the Influencer concludes with Folks.

§ 7 Changes to the Terms

  1. Folks may change these Terms at any time.
  2. Users will be informed of a change to the Terms by email before the new Terms come into force.
  3. The new Terms apply from the date stated in them as their effective date.

§ 8 Final provisions

  1. The law governing the obligations arising from the Terms is Polish law.
  2. In matters not governed by these Terms, the provisions of the Civil Code and other relevant statutes apply.
  3. All disputes arising from the rights and obligations under the Terms are subject to Polish law and to the Polish common courts, in accordance with general jurisdiction.