BEON.RUN Terms of Service

This English translation is provided for information only. The Polish version is the binding version.

§ 1. General provisions and Provider details

1. These Terms set out the rules for using the BEON.RUN platform, accessible through the website https://beon.run, the PWA and – once made available – mobile applications (together the “Service” or the “BEON.RUN Platform”). They are the terms of service referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services (“UŚUDE”).
2. The Service is provided by Radosław Balcerzak, a sole trader operating under the business name balcerzak.it RADOSŁAW BALCERZAK, registered in the Polish Central Register and Information on Economic Activity (CEIDG), NIP (tax ID) 7631978291, REGON 300843692, address: ul. Słoneczna 11/B, 64-730 Rosko, Poland (the “Provider”).
3. Contact: e-mail [email protected] (in Polish or English; messages are read and answered by a person); electronic delivery address (e-Doręczenia): AE:PL-54084-49161-TFCCR-23; by post to the address in point 2. The same e-mail address is the single point of contact for Users and authorities within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065 (Content Moderation Rules, § 1). The contact details are also available on the Contact page.
4. These Terms are made available free of charge before the contract is concluded, in a form that allows them to be downloaded, stored and printed.
5. The following documents also form part of the rules for using the Service: the Privacy Policy, the Cookie Policy, the Content Moderation Rules, the Complaints Procedure and – for users of the Support feature – the Support Recipient Terms, the Support Payment Terms, the Fees and Payouts and the Refunds and Chargebacks Policy.

§ 2. Definitions

• User – a natural person, legal person or organisational unit using the Service, including one who has an Account.
• Account – a User's individual account in the Service, secured with an e-mail address and a password.
• Viewer – anyone watching a stream, activity, route or profile in the Service, including without an Account.
• Creator / Streamer – a User who records an activity or runs a live stream.
• Activity – an outdoor physical activity of any kind recorded in the Service (for example running, trail running, walking, nordic walking, hiking, road cycling, MTB, gravel). The examples do not limit the scope of the Service.
• Stream – a live transmission of video and audio from the Creator's device (through the browser, the PWA or another access channel to the Service made available), together with Activity data (e.g. position, time, distance, pace or speed).
• Content – any material posted by a User or Viewer: video, audio, recordings, routes, GPX files, descriptions, titles, profile pictures, comments, chat messages, support messages.
• Plan – a package of Service features: FREE (free of charge), PREMIUM or PLATINUM (paid), as well as paid add-ons.
• Organizer – a User granted access, after verification by the Provider, to the features for organising sports events.
• Participant – a User taking part in a group activity or an Organizer's event.
• Support – a voluntary payment by a Supporter to a Support Recipient, as described in § 15.
• Support Recipient – a verified Creator who has enabled the Support feature.
• Supporter – a person making a Support payment.
• Consumer – a natural person entering into a legal transaction with the Provider that is not directly related to their business or professional activity. The consumer provisions also apply to a natural person running a business where the contract is not of a professional nature for them (Article 38a of the Polish Consumer Rights Act).

§ 3. Types and scope of services

1. The Provider supplies, by electronic means, in particular the following services:
   1. maintaining the User's Account and profile (public or private);
   2. recording Activities, including time, distance, pace or speed and GPS route;
   3. live Streams from the phone (video, audio, current position and route travelled), shared under a URL;
   4. watching Streams and Activities by Viewers, also without an Account;
   5. chat during Streams, including for guests (unless the Creator has disabled it);
   6. Activity history, statistics, goals, badges, records, calendar and scheduled events;
   7. routes, including import and export of GPX files;
   8. group activities (several streams and trackers in one view);
   9. features for Organizers: events, registrations, live tracking of Participants, a control room and a big-screen view (“telebim”);
   10. Stream recordings and replays (in Plans that include them);
   11. social features: following, likes, comments, a feed of followed people's activities;
   12. notifications in the Service and, where available, by e-mail, as well as – once enabled by the User – Web Push notifications;
   13. operation as a PWA (installed from the browser) and – once made available – as mobile applications;
   14. the Creator Support feature (§ 15).
2. The scope of features and limits depends on the Plan. The current description of Plans and their prices is available on the Pricing page.
3. A contract for services without an Account (e.g. watching a Stream) is concluded when the User starts using the feature and ends when they stop. The contract for maintaining an Account is concluded for an indefinite period when the Account is created.
4. The Provider may develop, change or withdraw individual features, respecting rights acquired under a paid Plan (§ 13(7)).

§ 4. Technical requirements

1. To use the Service you need a device with Internet access, an up-to-date web browser with JavaScript and necessary cookies enabled and – to create an Account – an active e-mail address. The technical requirements in this section apply to using the Service through the website and the PWA; requirements of other access channels (e.g. mobile applications) will be stated when they are made available.
2. To Stream you also need a browser supporting WebRTC (in particular current Chrome on Android or Safari on iOS), access to the camera and microphone and – for route tracking – access to location. Access to the camera, microphone and location requires the User's permission in the browser.
3. Web Push notifications require a browser supporting them (on iOS – the app installed as a PWA).
4. Streaming uses a significant amount of mobile data and battery. The quality and continuity of a Stream depend on network coverage, the device and the browser. The operating system may stop the camera, the Stream or GPS when the screen is locked or the browser goes to the background – the Service informs about this but cannot prevent it.
5. Specific risks of using electronic services include malware, phishing and password takeover. Users should keep their software up to date and not share their password.

§ 5. Account

1. An Account may be created by a person who is at least 18 years old (an adult). Minors may not create an Account. Becoming a Support Recipient is available only to adults (18+).
2. Creating an Account requires an e-mail address, a password and a display name and acceptance of these Terms. The Provider may require the e-mail address to be confirmed.
3. The User undertakes to provide true data, protect their password and promptly report suspected unauthorised access to the Provider. One person should not hold multiple Accounts to get around limits or blocks.
4. The User may at any time download their data (Account → Privacy and data → “Download my data”) and delete the Account. Deletion is irreversible: profile and social data are deleted or anonymised, while payment, refund, dispute, platform fee, settlement, payout and document acceptance records and data required by tax and accounting law are retained after deletion – detached from the Account and linked to a pseudonymous reference – for the period required by law or necessary to establish, exercise or defend claims; details are in the Privacy Policy (§ 11 and § 12). Deleting an Account with an active paid subscription cancels it immediately without an automatic refund for the unused period, subject to mandatory law (see the Refunds Policy).
5. The username of a deleted Account is reserved for 365 days and cannot be used by anyone else during that time.

§ 6. Live streams, GPS and safety

1. Streaming and location sharing start only after a conscious action of the Creator (the start button). Before starting, the Creator sees a preview and chooses whether to enable GPS. The GPS state is always visible.
2. The Creator decides on the visibility of Streams and Activities (§ 7) and is responsible for whom they share their image and real-time position with. Sharing the current position may reveal where the Creator is, and saved routes may reveal places they frequent (e.g. near home). The Service hides the start and end of publicly shared routes by default, but the Creator should assess the risk themselves.
3. The Creator must not stream or record other people in a way that infringes their rights, in particular without their consent where it is required (e.g. a person's image as the main subject, private conversations, children). The Creator is responsible for respecting the image rights, privacy and confidentiality of communications of third parties.
4. Safety comes before streaming. The User:
   1. does not operate the phone in a way that endangers themselves or others, especially while cycling – the phone should be mounted and interactions limited to when stopped;
   2. obeys traffic law, the rules of trails, areas and venues and any filming bans;
   3. does not read the chat or messages in a way that distracts from the surroundings;
   4. adapts the activity to their abilities and conditions.
5. The Service is not an emergency tool or a safety system. Location data may be inaccurate, delayed or unavailable. In an emergency call 112.
6. Distance, pace, speed and other statistics are approximate and depend on GPS signal quality. The Service rejects obviously wrong points but does not guarantee the accuracy of measurements.

§ 7. Content visibility

1. Streams, Activities, routes, events and profiles may have the following visibility:
   • Public – available to everyone, may be listed and shown in the Service (e.g. the list of streams, the followers' feed) and indexed by search engines;
   • Unlisted (link only) – available to anyone who knows the hard-to-guess address; not shown in lists or indexed. A person you give the link to can pass it on;
   • Private – available only to the owner (and authorised persons, e.g. participants of a private group activity) and to the Service administrators to the extent necessary to operate it.
2. The visibility of individual items (profile, Activity, Stream, route) is set independently. After a Stream ends, Viewers see only the Activity summary unless the User shares more (e.g. the route or a replay).
3. Viewers can capture what they see themselves (e.g. screenshots). The Provider has no control over this.

§ 8. User Content and licence

1. The User retains the rights to their Content. By posting Content, the User declares that they hold the rights to it and that sharing it does not infringe third-party rights or the law.
2. The User grants the Provider a free, non-exclusive, territorially unlimited licence to use the Content to the extent necessary to provide the Service, in particular: technical fixation and reproduction (including processing and transcoding of video), storage, display, making available to the public and broadcasting in accordance with the visibility settings chosen by the User. The licence lasts for as long as the Content is stored in the Service and expires upon its deletion, subject to the period technically necessary to delete copies.
3. The licence does not cover use of Content in the Provider's advertising. Such use requires the User's separate consent.
4. Chat messages and comments are visible to other people who have access to the given Stream or Activity.

§ 9. Prohibited content and conduct

1. It is prohibited to provide unlawful content and to use the Service contrary to the law, good practice or these Terms, in particular:
   1. content infringing third-party rights (image, personal rights, copyright, including streaming music or other people's broadcasts without authorisation);
   2. content inciting hatred or violence, defamation, harassment, threats;
   3. pornographic content, content sexualising minors, content depicting cruelty;
   4. promoting dangerous behaviour, including encouraging breaches of traffic law;
   5. spam, fraud, impersonation, misleading fundraising;
   6. disclosing other people's personal data (including their location) without a legal basis;
   7. interfering with the Service, circumventing security measures and limits, automated data collection without permission.
2. Detailed rules on moderation, notices of illegal content and appeals are set out in the Content Moderation Rules.

§ 10. Group activities

1. A User (host) may create a group activity and invite other Users. Before accepting an invitation, a Participant sees who will see their data and chooses whether to share GPS, a Stream or both.
2. Each Participant is responsible for their own Stream and Content. The host decides on the visibility of the group activity. The host's role regarding other Participants' data follows from data protection law; the Privacy Policy describes how data is processed in the Service.
3. A Participant may leave a group activity at any time; their own data remains in their Account.

§ 11. Organizer accounts and events

1. Access to Organizer features requires an application with the organizer's details and approval by the Provider. The Provider may refuse approval or suspend an Organizer, giving reasons.
2. The Organizer is solely responsible for the event: its organisation, safety, legality, event rules, any insurance and communication with Participants. The Provider only supplies the technology tools.
3. Registering for an event does not mean consent to tracking. Live tracking of a Participant requires their separate, informed consent for the given event; the Participant can end it.
4. The Organizer may use Participants' data made available in the Service only to run the event. The allocation of data protection roles (controller / processor) between the Organizer and the Provider follows from data protection law and the purpose for which the Organizer uses the data; the Privacy Policy describes how data is processed in the Service.
5. The big-screen view (“telebim”) is available at an address with a secret token; the Organizer is responsible for whom they share it with.

§ 12. Recordings and replays

1. In Plans that include it (currently PLATINUM), Streams may be recorded. The Creator decides on recording before starting the Stream.
2. Recordings are private – available only to the owner and to administrators (in justified cases, logged). They are stored for the period resulting from the Plan in force when the Stream started (e.g. 180 days) and then deleted automatically. The owner may download or delete them earlier.
3. Recordings are not backed up. The Provider does not guarantee their durability; the User should download recordings they want to keep.

§ 13. Plans and payments

1. The FREE Plan is free of charge. The PREMIUM and PLATINUM Plans and add-ons are paid as a monthly or yearly subscription. Prices in force on the effective date of these Terms (gross, including VAT): PREMIUM – PLN 24.99 per month or PLN 249 per year; PLATINUM – PLN 49.99 per month or PLN 499 per year. Current prices (gross, including VAT), including add-on prices, and the scope of the Plans are shown on the Pricing page and in the payment form before purchase; in case of a discrepancy, the price shown in the payment form applies.
2. Subscriptions are sold through Stripe under the Managed Payments model. This means that the seller (merchant of record, reseller) of the subscription towards the buyer is a Stripe group entity – Link, LLC, 354 Oyster Point Boulevard, South San Francisco, California 94080, United States (EU OSS VAT number: EU440000220) – named in the payment form and on the invoice. Stripe takes the payment, calculates and remits VAT, issues confirmations and invoices and handles some payment matters (e.g. payment disputes). The Service under the Plan is provided by the Provider under these Terms.
3. The purchase is also governed by the Stripe/Link terms presented in the payment form. Payment card data is processed only by Stripe; the Provider does not receive it.
4. The subscription renews automatically for the next billing period until cancelled. The User may cancel at any time (Account → Plan or the Stripe customer portal); cancellation takes effect at the end of the paid period and the Plan remains active until then.
5. An upgrade applies immediately (Stripe charges a prorated amount); a downgrade applies from the next billing period.
6. If a renewal payment fails, Stripe retries it; once retries are exhausted the subscription ends and the Account moves to the FREE Plan. The Account, profile and Activity history remain.
7. A change of prices or Plan scope does not affect a period already paid. The User will be informed of a price change for a renewing subscription at least 30 days in advance and may cancel before renewal.
8. Refunds are described in the Refunds and Chargebacks Policy. Except as provided by law or that policy, fees for periods already started are not refunded.

§ 14. Right of withdrawal (Consumers)

1. A Consumer who has concluded a distance contract generally has the right to withdraw from it within 14 days without giving a reason (Polish Consumer Rights Act of 30 May 2014).
2. If, before the withdrawal period expires, the Consumer expressly requests the start of the digital service (access to a paid Plan) and is informed of the consequences of that request for the right of withdrawal, the right may be limited or lost to the extent provided in Article 38(1)(1) and (13) of the Consumer Rights Act.
3. As the seller of the subscription is Stripe (§ 13(2)), a withdrawal notice can be submitted as described by Stripe in the purchase confirmation, and also to the Provider – the Provider will forward it promptly.
4. Support (§ 15) is not a contract between the Supporter and the Provider; its refund rules are set out in separate documents.

§ 15. Creator Support

1. Viewers may voluntarily support a verified Creator (Support Recipient) with a payment related to their public Activities and Streams. Support is voluntary, is not payment for any performance by the Support Recipient at the Supporter's request and gives the Supporter no additional rights.
2. The Support payment goes directly to the Support Recipient's Stripe account (Stripe Connect); the Support Recipient is the seller (merchant of record) of that payment. The Provider does not receive or hold these funds and charges the Support Recipient a platform fee (currently 8% of the Support payment amount; this is the final amount deducted as the fee, e.g. PLN 8 on a PLN 100 Support payment – Fees and Payouts).
3. Details are set out in the Support Recipient Terms, the Support Payment Terms, the Fees and Payouts and the Refunds and Chargebacks Policy.

§ 16. Provider's intellectual property

1. The Service, its software, layout, graphics, logos and the BEON.RUN mark are protected by law. The User may use them only to the extent necessary to use the Service.
2. Maps in the Service come from OpenStreetMap servers and are subject to the ODbL licence (© OpenStreetMap contributors).

§ 17. Liability

1. The Provider takes care to keep the Service running without interruption but does not guarantee Stream continuity, network availability or GPS accuracy. Technical breaks may occur and will be announced where possible.
2. The Provider is not liable for Content posted by Users and Viewers, subject to the obligations under the rules on intermediary services (including Regulation (EU) 2022/2065 – the Digital Services Act) and UŚUDE – in particular, upon receiving credible notice of the unlawful nature of content, the Provider promptly disables access to it.
3. The Provider is not liable for Organizers' events, for relations between Users or for damage resulting from using the Service contrary to § 6.
4. Towards Consumers, the Provider is liable for the conformity of the digital service with the contract under the Consumer Rights Act. Limitations of liability in these Terms do not apply to Consumers to the extent they exclude or limit their statutory rights.
5. Towards Users who are not Consumers, the Provider's liability is limited to actual damage and to the amount of Plan fees paid in the last 12 months; the limitation does not apply to damage caused intentionally.

§ 18. Suspension, blocking and moderation

1. In the event of a breach of these Terms or the law, the Provider may, depending on the severity: remove Content or limit its visibility, end a Stream, disable chat, limit how the Account is shown in the Service, suspend the Account (read-only mode – the User can still download their data and delete the Account) or ban the Account (no login).
2. The User receives a statement of reasons unless the law prevents it, and may appeal. The rules are set out in the Content Moderation Rules.
3. The Creator can moderate the chat of their own Stream: delete messages, block authors and revoke their access to that Stream.

§ 19. Termination

1. The User may terminate the Account contract at any time by deleting the Account. Deletion is not possible during an ongoing Stream, Activity or recording – these must be ended first.
2. The Provider may terminate the contract for important reasons (in particular serious or repeated breaches of these Terms, unlawful activity, discontinuation of the Service) with 30 days' notice, and in the case of serious breaches with immediate effect, stating the reasons. A User with a paid Plan then has the rights set out in the Refunds Policy.

§ 20. Complaints

Complaints about the Service can be sent by e-mail to [email protected] (messages are read and answered by a person) or in writing to the address given in § 1(2). The Provider responds within 14 days. Details, including out-of-court dispute resolution, are in the Complaints Procedure.

§ 21. Personal data and cookies

The processing of personal data and the use of cookies are described in the Privacy Policy and the Cookie Policy.

§ 22. Changes to the Terms

1. The Provider may change these Terms for important reasons, in particular: changes in the law, changes in the scope or manner of providing services, new features, security reasons.
2. Users with an Account are informed of a change in the Service (a durable notification in the Platform) and, where available, also by e-mail, at least 30 days before a material change takes effect. Purely technical or editorial changes may take effect earlier only if they do not materially reduce Users' rights. A User who does not accept the changes may delete the Account before they take effect.
3. Each version of the Terms has a number and an effective date. Changes to documents requiring acceptance (e.g. the Support Recipient Terms) require renewed acceptance.

§ 23. Governing law and disputes

1. These Terms are governed by Polish law. This choice of law does not deprive a Consumer of the protection afforded by the mandatory provisions of the country of their habitual residence.
2. Disputes with Consumers are settled by the courts competent under general rules. Disputes with Users who are not Consumers are settled by the court competent for the Provider's registered address.
3. A Consumer may use out-of-court complaint and redress procedures – see the Complaints Procedure.

§ 24. Final provisions

1. The Polish version of these Terms is binding. The English version is for information only.
2. These Terms take effect on the date shown in the document header.