TERMS AND CONDITIONS OF EDEN MOBILE APPLICATION
§ 1. GENERAL PROVISIONS
1. These Terms and Conditions set out the terms and conditions of use of the EDEN Mobile Application, and also determine the provision of Digital Services through it by the Service Provider: EDENAPP Limited Liability Company with its registered office in Wrocław (address: Dmowskiego Street 3/9, 50 – 203 Wrocław), entered in the Register of Entrepreneurs kept by the District Court for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register, under KRS No.: 0001025484, REGON: 524775094, NIP: 8982290764, share capital of PLN 10,000.00, within the meaning of Article 8 of the Act of 18 July 2002 on Electronic Provision of Services.
5. Contact details for the Service Provider:
1) Delivery address: ul. Dmowskiego 3/9, 50 – 203 Wrocław;
2) E-mail address: firstname.lastname@example.org;
§ 2. DEFINITIONS
1. Service Provider – EDENAPP Limited Liability Company with its registered office in Wrocław (address:
Dmowskiego Street 3/9, 50 – 203 Wrocław), entered in the Register of Entrepreneurs kept by the District Court
for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register, under KRS No.:
0001025484, REGON: 524775094, NIP: 8982290764, share capital of PLN 10,000.00.
2. Terms and Conditions – a natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law applicable in the place of temporary or permanent residence, who familiarize him/herself with the information posted via the Website;
the Service Provider’s website: www.oureden.io.
4. Application – software called EDENAPP provided by the Service Provider and installed in the internal Device memory;
5. Token / EDEN COIN – term, referring to a unit of asset value in the BEP20 standard within the BNB Smart Chain (BSC) blockchain network, entitling the holder to perform actions in accordance with the information
contained in the Application and in the Greenpaper, located on the Service Provider’s website: www.oureden.io; the User can purchase Tokens through the Operator.
6. Agreement for the provision of services by electronic – means shall mean an agreement for the provision of services by electronic means within the meaning of Article 8 of the Act of 18 July 2002 on the
provision of services by electronic means (Journal of Laws 2020, item 344, as amended).
7. ServicesToken Distribution Process – means Digital Services within the meaning of Article 2(5a) of the Consumer Rights Act of 30 May 2014, as described in detail in these Terms and Conditions, i.e. in particular a game based on the socalled Discover to Earn, whereby, Users will receive Tokens for performing actions designated by the Service
8. Device– an electronic device that allows data to be processed, received, and sent such as a smartphone,
tablet, and mobile phone.
9. User– means an entity to the benefit of whom services may be provided by electronic means in accordance with the law or with whom a contract on the provision of services by electronic means may be concluded.
10. User Account-a User-assigned set of resources and entitlements within the Application that contains
the information necessary for User authorisation and enables the use of the service.
11. Sub-Account– a set of resources and entitlements assigned to the User with the Operator, linked to the
User’s Account within the Application, enabling the acceptance of Token deposits,
12. Technical Account– a set of resources aggregating the content of Sub-Accounts, provided by the Operator and intended for the performance of transactions within the Services;
13. User Verification– actions authenticating the User’s person, undertaken in order to make use of the Services, in particular involving the provision of a verification code and the User’s personal data in order to identify the User as part of the KYC procedure.
14. Wallet address– a series of characters of an electronic identification data set offering the authorised
Users to hold, store and transfer Tokens.
15. Licence-agreement for the use of the Application, concluded under the terms and conditions set out in
§13 of these Terms and Conditions, between the Service Provider and the User upon installation of the
16. Providers-third-party entities that provide or may provide Content or Services available on the Website,
including payment service providers.
17. Provider-third-party applications cooperating with the Provider on the date of acquisition of Tokens (e.g.
via Metamask) under the terms and conditions set out on the Provider’s website: www.oureden.io,
Greenpaper and other documents visible and made available by the Provider.
§ 3. CONTRACT FOR THE PROVISION OF ELECTRONIC SERVICES
1. The User hereby acknowledges and agrees that upon acceptance of the Terms and Conditions a Contract for the provision of electronic services is concluded between the Service Provider and the User. The Agreement is concluded for an indefinite period of time.
2. The termination of the Agreement for the provision of electronic services is effected by:
- termination of the Agreement – the User is entitled to terminate the Agreement for the provision of electronic services at any time and without giving any reason. The termination of the Agreement takes place with immediate effect.
- withdrawal from the Agreement – in accordance with the provisions of the Act of 18 July 2002 on the
provision of services by electronic means, the User is entitled to withdraw from the Agreement concluded
with the Service Provider, without giving any reason, within 14 days from the date of its conclusion;
3. Termination of the Agreement for the provision of services by electronic means referred to in paragraph 2 of this section, in order to be effective, requires the User to make an appropriate statement to the Service Provider, which should be addressed to the Service Provider at the contact details indicated in § 1.8.
4. The Service Provider hereby guarantees that the provision of Services will be discontinued as soon as it becomes aware that the prerequisites for the termination of the Agreement for the provision of services by electronic means referred to in paragraphs 2 and 3 of this paragraph have been fulfilled.
§ 4. ACCESS AND USE OF THE APPLICATION
1. The default Service provided through the Application is a game based on the so-called discover to earn, whereby, Users will receive Tokens for performing actions indicated by the Service Provider. The Service Provider reserves the right to introduce other Services to the Application.
2. The Application is available to all Device Users who download it from the Google Play shop, App Store. In order to use the Application, the User must correctly install and launch it on his Device
3. Downloading the Application from software-dedicated shops as well as access to the Application is free of charge, subject to data transmission costs
4. Application-based services are provided 24 hours a day, 7 days a week, at the User’s individual request. i.e. running the Application
5. In order to use the Application, the User must create and verify an account in the Application by entering his/her e-mail address and then confirming it by means of a verification code sent to the e-mail address provided;
6. The first log-in to the Application is performed by using the e-mail address provided during account registration, entering the login confirmation code and the established PIN code.
7. The use of the Application may be territorially restricted. The Service Provider offers access to the Application in accordance with local laws. The Service Provider does not allow for the use of the Application by the Users under the jurisdiction of: Cuba, Iran, Israel, Iraq, South Korea, Sudan, South Sudan, Syria, Russian Federation, Pakistan, Nigeria, India, Indonesia, and Benin and others, particularly those identified on sanction lists maintained by the General Inspector of Financial Information
8. The Service Provider reserves the right to choose, limit or refuse to provide services in a specific jurisdiction at any time.
9. The Application and all materials and information and solutions contained therein, as well as the selection and layout of the contents, logos, graphic elements, trademarks and functionality of the Application are protected by law pursuant to the provisions of the Act of 4 February 1994 on Copyright and Neighbouring Rights, the Act of 30 June 2000 on Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, and other common law provisions, including the provisions of European Union law. – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including European Union law. 10.
10. The Service Provider hereby stipulates that any use of the Service Provider’s intellectual property, without the Service Provider’s prior consent expressed in documentary form, is prohibited and constitutes an infringement of the law.
11. In order to launch and properly operate the Application, it is necessary to connect the Device to the Internet by activating the mobile network data or Wi-Fi network, as well as to start GPS services in the background. At the same time, the Provider stipulates that some of the functionalities of the Application, may depend on:
- having a device with Internet access and containing the necessary software meeting the minimum technical conditions necessary for the display of the website, i.e. a correctly installed and configured, upto-date web browser supporting the HTML5 standard and Cascading Style Sheets (CSS3) technology,
no less than 10.0 or the original iOS system version no less than 10.0,
- use of a web browser that accepts cookies, use of computer programs that ensure reading of files in .pdf or .docx format
13. In particular, the User shall use the Application in a manner that does not disrupt its operation, does not cause a nuisance to other Users and the Service Provider, and respects the personal rights of third parties (including the right to privacy) and any other rights vested in them. Furthermore, the User shall only use any information and materials made available via the Application within the scope of permitted use or pursuant to the Licence.
15. At the same time, the Provider hereby declares that, in order to prevent the attacks referred to in the preceding paragraph, it uses cryptographic protection of electronic transfer through the use of appropriate instruments, which are in particular designed to prevent access by third parties to the source code of the Application. The aforementioned instruments consist of SSL encryption, the use of passwords for access, and including the use of anti-virus software. Notwithstanding the foregoing, the Service Provider draws particular attention to, and the User acknowledges, that despite the application of the preventive measures referred to in this paragraph, the use of the Services provided electronically may be at risk of malicious software entering the User’s computer system and device, which may result in unauthorised access to the User’s data. In view of this, it is absolutely recommended to use one’s own security measures.
16. Users shall refrain from providing content of an unlawful nature or in breach of these Terms and Conditions.
17. Users are obliged to notify the Service Provider immediately of any infringement of their rights in connection with the use of the Application. Notification may be sent by email to email@example.com.
18. In the event that the User is found to be engaging in conduct prohibited by law or the Regulations, or in breach of the principles of social co-existence or detrimental to the legitimate interests of the Service Provider, the Service Provider may take any action permitted by law, including restricting or preventing the User from using the Application and the Services provided through it.
19. Both the User and the Service Provider have the right to terminate the Agreement for the provision of services by electronic means at any time, without giving reasons. The notice of termination may be made in writing or by email and shall be effective upon its delivery to the other party.
§ 5. DISCOVER TO EARN
1. The default Service provided through the Application is a game based on the so-called discover to earn, whereby, Users will receive Tokens for performing actions indicated by the Service Provider. Tokens will be distributed on the terms described on the Service Provider’s website.
2. The Service Provider shall not be responsible for the risk associated with the fluctuation of the exchange rate of Tokens.
3. The use of the Services by the User is subject to the creation of a User Account and an associated Sub-Account on the Operator’s platform (created in parallel to the User Account).
4. The use of the full functionality of discover to earn is free of charge, however, it is associated with the need for the User to provide the Wallet Address. The User is free to choose a wallet, with the proviso that the wallet chosen by the User must support Token-related transactions. The Wallet Providers provided in the Application are only a suggestion by the Service Provider.
5. The User shall be liable for providing an incorrect or false Wallet Address.
6. One Wallet Address may be assigned to the User at any given time. However, the User may change the Wallet Address at any time, provided that this Address does not remain assigned to another account.
7. The User’s accumulation of Shopping Points and, accordingly, Tokens, are subject to recording and summing on the User’s main balance. For the accumulation of Shopping Points, it is not required to provide the Wallet Address.
§ 6. CONDITIONS OF USE OF THE SERVICES
1. The use of the Services is possible after User Verification. As part of the verification, the User must provide: email address.
2. Each User may use only one account.
3. The User may change the e-mail address after the Verification.
4. The User may change the data provided during Verification such as first name, surname, address data and his/her number, however, this will require re-identification and verification of the User.
5. The User shall provide the Service Provider with all data truthfully and shall be liable for any false or incorrect data provided.
6. It is possible for the User to use the Application on several devices simultaneously. In this case, it is necessary to authorise the User on a new Device by means of a code provided by e-mail.
7. The User shall use the Application in a lawful manner and in a manner that respects the personal rights and copyrights of the Service Provider and third parties. The User using the Application is expected to have a proper level of knowledge allowing for the correct performance of activities consisting in marking edible shrubs, trees, herbs, etc. The User acknowledges and agrees that the Service Provider is not responsible if a given plant does not meet the function specified in the Application, or will not be the plant for which it was qualified. Therefore, if you want to use plants, the Service Provider strongly recommends that the User seek the help of a specialist (e.g. a doctor). The content contained in the Application is for informational and educational purposes only. They do not constitute medical advice and therefore cannot be construed as a form of diagnosis, specialist medical care or treatment recommendation. The use of medicinal plants and herbs based on the information available in the Application is solely at your own risk and responsibility.
8. The Service Provider shall not be liable for any damage caused by the use of the Services in a manner contrary to the generally applicable law, morality, or otherwise inconsistent with these Regulations.
9. The Service Provider is not liable for damages caused by the use of services by an unauthorised person who, as a result of a culpable act or omission of the Client, gained access to the services provided by the Service Provider.
10. The Service Provider reserves the right to carry out necessary maintenance work on the ICT system, which may cause temporary difficulties or prevent the Service Recipients from using the services.
11. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily discontinue or restrict the provision of services, without prior notice and carry out maintenance work to restore the security and stability of the ICT system.
12. The User is obliged to refrain from:
- misuse of means of electronic communication, in particular by causing a disturbance or overload of the
Service Provider’s ICT systems or those of other entities participating directly or indirectly in the provision
of services by electronic means,
- actions aimed at testing the possibility of breaking or bypassing the Service Provider’s ICT systems’
security, as well as any other actions that lead to gaining unauthorised access to all or part of the Service
Provider’s ICT systems,
- use the services provided by the Service Provider in a manner contrary to generally applicable law,
morality or the legitimate interests of the Service Provider
- ) make login data for services provided by the Service Provider available to unauthorised persons,
13. Provide by or to the Service Provider’s ICT systems content that violates the welfare of third parties, generally
accepted social norms or is inconsistent with generally applicable laws, or their introduction or dissemination
through the Service Provider’s ICT systems constitutes a violation of generally applicable laws.
14. All proprietary copyrights and related property rights to works created by the User while using the Application, including databases, studies, analyses, graphic forms (hereinafter referred to as “Works”), in whole and in fragments, as well as industrial property rights remain the property of the User.
By accepting these Regulations, the User grants the Service Provider a free, non-exclusive license to use the Works for an indefinite period, under the conditions set out in these Regulations. A non-exclusive license is granted in all existing, at the time of these Regulations, fields of use, including in particular the following fields:
1) fixation on any medium;
2) reproduction by any technique, including: magnetic technique on video cassettes, audiovisual discs, photosensitive and digital technique, including DVD, VCD, CD-ROM, computer recording technique on all types of media adapted to this form of recording, production of copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital techniques;
3) public performance, exhibition, display, reproduction, including places available for an admission fee
4) domestic and foreign trading law;
5) lending, renting or exchanging carriers on which the work was recorded;
6) displaying, displaying, broadcasting in whole or in any selected fragments by means of wired or wireless vision and/or sound by any technique – regardless of the system, standard and format by a terrestrial station, cable broadcasting,
7) broadcasting in whole or in any selected fragments via satellite;
8) integral and simultaneous rebroadcast by another television organization;
9) preparation of foreign language versions;
10) entering into the computer memory and into the multimedia network in an unlimited number of broadcasts and volumes;
11) use on websites;
12) use in multimedia works;
13) placing on the market using the Internet and other data transfer techniques using telecommunications, IT and wireless networks;
14) use any fragments for promotional and advertising purposes;
15) use in whole or in any selected fragments on interactive websites, made available via the Internet and other data transfer techniques, including telecommunications, IT and wireless networks;
16) making changes, shortcuts;
17) retransmission and making it publicly available in such a way that everyone can have access to it in a place and time chosen by them,
18) – in an unlimited number of broadcasts and volumes.
15. The User declares that his proprietary copyrights do not infringe the rights of third parties. In the event of a breach of the above rights of third parties, the User will be obliged to cover the damage incurred by the Service Provider in this respect.
§ 7. COMPLAINTS
- 1) be suitable for the purposes for which a digital service of this nature is normally used, taking into account applicable laws, technical standards or good practices;
- 2) exist in such quantity and have such features, including functionality, compatibility, availability, continuity and security, as are typical for a digital service of this kind and which the User may reasonably expect, taking into account the nature of the digital service and the public assurances made by the Service Provider, its legal predecessors or persons acting on its behalf, in particular in advertising or on a label, unless the Service Provider demonstrates that:
a. it did not know about the public assurance in question and, judging reasonably, could not have known about it,
b. prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was made, or in a comparable manner,
c. the public assurance did not affect the consumer’s decision to conclude the contract;
- 3) be provided with instructions that the user may reasonably expect to be provided;
- 4) be consistent with the trial version or announcement that was made available to the User by the Service Provider prior to entering into the contract.
3. The complaint should include in its content: the User’s name, user account name, e-mail address, a detailed description and reason for the report, and the date on which the non-compliance was revealed.
4. Within 14 days of its receipt, the Service Provider shall consider the complaint and inform the User of the result of its consideration. This period may be extended if consideration of the complaint requires special knowledge or the Service Provider encounters other difficulties beyond its control, or if it is necessary to obtain additional information from the User. The time for the User to provide additional information shall each time extend the time for processing the complaint.
5. The Service Provider will respond to the complaint according to the form in which it was received.
6. The User’s submission of a complaint in electronic form is tantamount to consent to receive a response from the Service Provider also in electronic form.
7. The User’s use of out-of-court means of complaint handling and claim investigation is voluntary.
8. The user who is a consumer has the right to simultaneously use electronic dispute resolution through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
9. The Service Provider reserves the right not to respond to a complaint that is obviously unfounded, in particular to the extent that the complaint has already been previously resolved with respect to a given User.
§ 8. LIABILITY OF THE SERVICE PROVIDER
1.1.2. The User uses the Application on a voluntary basis, at their own risk. The liability of the Service Provider for any damage caused by the use of the Application, in particular non-functioning and malfunctioning, shall be excluded to the fullest extent legally permissible.
1.1.3. The Service Provider shall not be responsible for any restrictions or technical problems in the information and communication systems used by the Users’ Devices that prevent or restrict the Users from using the Application and the Services offered through it. The Service Provider shall not be responsible for the quality, performance or accuracy of the Application not satisfying the User.
1.1.4. There might be interruptions in the Application functioning due to technical reasons. The User shall have no claims in connection with such interruptions or cessation of the Service provided by the Service Provider.
1.1.5. The provision of the Services may be interrupted in the event of poor connection, damage or defect of telecommunications equipment, power systems, hardware, telecommunications network failure, power outages or any action by third parties.
1.1.6. The Service Provider shall have the right to block access to the Application or particular features in the event of any irregularities in the use of the Application, in particular circumstances that could harm the User or Service Provider. The Service Provider shall not be responsible for temporarily suspending access to the Application for the period necessary to remedy the risks or irregularities.
1.1.7. The costs of any transmission of data required for downloading, installing, running, and using the application shall be borne by the User alone, under contracts concluded with telecommunications operators or other Internet service providers. The Service Provider is not responsible for the fees charged for the use of the data transmission necessary for the use of the Application.
1.1.8. The Service Provider shall not be liable for any loss or damage caused directly or indirectly by any event, action or omission beyond its control, including, in particular, no liability for the actions of other Users of the Application specifically in discover to earn, including, but without limitation, loss or damage resulting, directly or indirectly, from any delay or inaccuracy in the transmission of orders or information made available through the Application, including loss or damage caused by interruption or failure of the communication connection or equipment or power outage
§ 9. PROCESSING OF PERSONAL DATA
1. The Service Provider, i.e. EDENAPP Limited Liability Company with its registered office in Wrocław (address: Dmowskiego Street 3/9, 50 – 203 Wrocław), entered in the Register of Entrepreneurs kept by the District Court for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register, under KRS No.: 0001025484, REGON: 524775094, NIP: 8982290764, share capital of PLN 10,000.00 is the controller of the personal data.
2. Personal data shall be processed in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 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 (hereinafter referred to as “GDPR”), the Act of 10 May 2018 on the protection of personal data and the Act of 18 July 2002 on the provision of services by electronic means.
3. The Administrator shall ensure that appropriate technical and organisational measures are in place to ensure the security of the personal data processed, in particular preventing unauthorised third parties from accessing the data or processing them in breach of the generally applicable laws, preventing the loss, damage or destruction of such personal data.
§ 10. LICENSE AND INTELLECTUAL PROPERTY
2. As soon as the User downloads the Application and accepts the Terms and Conditions, the Service Provider grants the User a non-exclusive licence to use the Application for its intended purpose. The licence is not transferable and is granted for the time the User uses the Application as intended and in accordance with these Terms and Conditions.
3. A non-exclusive licence granted to the User does not authorise the User to grant further licences. Additionally, the User is not entitled to undertake actions outside the scope of the Licence.
4. Transferring content contained in the Application to third parties is permitted only with the use of the tools contained in the Application and intended for that purpose.
5. The User is not allowed to reproduce, sell or otherwise market or distribute the Application, in whole or in part, in particular transmit or share it on computer systems and networks, mobile application distribution systems or any other information and communication systems.
§ 11. FINAL PROVISIONS
2. The Service Provider shall provide access to these Terms and Conditions through the Application in such a manner that they may be downloaded, saved and printed.
3. The content of these Terms and Conditions as well as any disputes between the Service Provider and the User shall be governed by the Polish law.
4. The absence of legal bases or incompleteness of any of the clauses contained herein shall not mean that these Terms and Conditions become null and void in their entirety. Such invalid or incomplete provisions shall be changed to reflect the meaning and purpose of the existing provisions to the fullest extent possible.