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Information Clause

In accordance with the art. 13 section 1 and 2 of the European Parliament and Council Regulation 2016/679 of the 27th April, 2016 on the protection of natural persons, with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereafter RODO, I hereby inform that:

1. EVERMOTION S.C., 8 Przędzalniana Str., 15-688 Białystok, Poland is the Administrator of your Personal Data (APD)

2. Data Protection Inspector can be reached through e-mail: iod@evermotion.org

3. Your personal data are to be processed on the basis of art. 6 section 1 letter a, b and f of RODO in order to:
a) prepare, conclude and execute the agreement and for other purposes approved by you,
b) to execute the legitimate interest like marketing of products and the agreement, claim assertion or defence against claims resulting from the law regulations.

4. Entities entitled to the reception of your personal data may be the authorised public bodies; mail providers; providers of the services covered by the agreement; responsible for debt recovery, keeping the archives, document utilization, legal consulting, technical services, IT services and accountancy.

5. Your personal data shall not be transferred to the third country, nor to the international bodies.

6. Your personal data shall be processed within the period of the agreement and upon your additional consent until you withdraw it. APD shall keep the data for the period of any civil law claim execution connected with the agreement.

7. You have the right to demand an access to your personal data, to correct or to delete the data if there is no other basis for the processing or any other purpose of such processing or to limit the processing of the data, to transfer the data to another administrator and to raise objections to the further data processing if there is no legal basis for further processing and to withdraw any previous consent.

8. You provide the personal data voluntarily, however they are necessary to conclude the agreement. The refusal of providing such data may result in the refusal of the agreement conclusion.

9. You have the right to lodge a complaint to the Personal Data Protection Office when in your opinion the data processing violates the regulations of General Data Protection Regulation of the 27 April, 2016 (RODO).

10. Your data will be automatically processed, including the form of profiling.
11. You are obligated to forward above mentioned information to your representative, especially if you appointed this person in the agreement as the contact person or as the representative for the agreement execution.

OK

Evermotion Pass Regulations - Evermotion

Evermotion Pass Regulations

1. These Regulations specify the Evermotion Pass services provided by Evermotion. In the areas not covered by these Regulations, the Evermotion Regulations shall apply directly. The terms written with capital letter in these Regulations shall have the meaning presented in the Evermotion Regulations, unless otherwise defined.

2. Evermotion Pass is a service that gives the Registered User the opportunity to subscribe to selected Evermotion Products in recurring annual payments.

3. The Evermotion Pass subscription service can be purchased on the website evermotion.org. To purchase the subscription you must first register the Account on the Evermotion Portal (accessible through evermotion.org). The Account registration is free.

4. Evermotion Pass offers the following subscription plans:
      
    • Annual Newbie Plan - payable 228 Euros per year net, available to individuals and companies that do not have a revenue of more than 20 million euros per year.

    • Annual Hobby Plan - payable 348 Euros per year net, available to individuals and companies that do not have revenue above 20 million Euros per year.

    • Annual Indie Plan - 588 Euros per year net, available to individuals and companies that do not earn more than 20 million Euros in revenue per year.

    • Annual Studio Plan - 1188 Euros per year net, available to individuals and companies that do not earn more than 20 million Euros in annual revenue.

    • Annual Entertainment Plan – 2388 Euros net per year, available to companies with more than 20 million Euros in revenue for the most recent fiscal year.



5. Once purchased, the subscription will automatically renew annually, unless cancelled by the User in accordance with point 11.

6. Your subscription is active from the time your payment is credited by Evermotion.

Credits

7. Once the User has ordered a subscription, he/she will receive credits that he/she can use to purchase selected Evermotion Products. The Evermotion Products prices indicated in credits shall be disclosed in Evermotion Store along with those in currencies.

8. The number of credits the User receives depends on the subscription plan he/she has chosen. The rules of credits granting under various subscription plans has been presented before placing order and shall be available on Evermotion Portal. Any changes to those rules shall have effect upon next billing period.

9. Credits are given for each prepaid billing period.

10. The Registered User may only use credits to purchase selected Evermotion Products during an active subscription.

Cancellation of subscription

11. The User can cancel his/her subscription at any time by accessing his/her Customer Zone, selecting "Your account" and clicking on "Pause subscription". From this point, recurring payments will stop and the subscription will remain active until the end of the paid billing period.

12. In case of cancellation of the subscription, access to unused credits on the User’s Account will be suspended. Credits will remain associated with the User’s Account for three years. If the User renews his/her subscription during that period, he/she will have access to them again, otherwise they will be deleted and the User shall not be entitled to any reimbursement.

13. The User being the Consumer or the Small Entrepreneur has the right to withdraw from the subscripion order within 14 days after ordering it under article 27 of the Polish Act of 30 May 2014 about consumer rights, provided he/she has not purchased any Evermotion Product with credits acquired under given subscription plan. The withdrawal statement should be delivered to Evermotion via e-mail or otherwise delivered to the Evermotion premises eg. by courier or by registered mail. The withdrawal statement form (non obligatory) constitutes Appendix 2 to the Evermotion Regulations.

14. In the transitional period from February 2024 to June 2024, users that subscribed to monthly plan before February 2024 have access to their credits even after subscription is cancelled / non-active.

Payment Providers

15. By concluding an agreement with Evermotion S.C. and choosing the Evermotion Pass service, the User agrees to the cyclical, annual debit by the Payment Operator (PayU S.A, ul. Grunwaldzka 186, 60-166 Poznań, NIP: 779-23-08-495) from the payment card the amount of money corresponding to the value of the fee for the service. The payment will be charged by the Payment Operator once a year. As part of the recurring payment service, the User has the option to save his card details and standing direct debit order.

16. Card data will be stored by the Payment Operator (PayU S.A.). PayU, acting as an intermediary in the payment process, provides the Token (virtual card identifier) tool, which enables the assignment of a unique identifier to an individual Client, using which the Client makes cyclic payments to the company.

17. Payment services indicated in point 13 are provided by PayU S.A. in accordance with PayU System Regulations available at https://poland.payu.com/wp-content/uploads/sites/14/2020/10/TC_of_the_PayU_System_eng_oct20.pdf.