Terms of service

1. Provider and contact

The Service is provided by VunCode Dawid Barszcz, ul. gen. Władysława Andersa 1 lok. 31, 26-615 Radom, Poland, Tax ID (NIP) 7963050248, REGON 545610245, e-mail: [email protected] (“we”, “us”, the “Provider”).

You can reach us at [email protected]. This address is also the single point of contact for users and for authorities of EU Member States under Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act). We communicate in Polish and English.

2. Definitions

• User - anyone who uses the Service, with or without an account.
• Account - a User's FiveSites account, protected by a password or by signing in with Google or Discord.
• Site - a game server website built with FiveSites, available at /s/… or on a custom domain.
• Site owner - the User who created a Site and the people they give permissions to in its team.
• Player - a User who visits a Site, sends an application through it or reacts to its posts.
• Consumer - a natural person who enters into an agreement with us that is not directly related to their business or profession.
• Sole trader with consumer rights - a natural person running a sole proprietorship who enters into an agreement directly related to that business but not of a professional nature for it (Article 38a of the Polish Consumer Rights Act).
• Plan - the paid set of features and limits of a Site (Starter, Pro or Ultimate), described on the pricing page.
• Content - everything a User publishes, uploads or configures in the Service: text, images, logos, forms, posts, applications, templates, HTML and CSS code.

3. What the Service includes

As part of the Service we provide:

• an Account, with two-factor sign-in and passkeys;
• building and hosting Sites: pages, menus, posts, widgets, design templates including custom HTML and CSS templates, and visitor statistics;
• application forms and team tools for reviewing them, with notes, votes and decisions;
• management of a Site's team, roles and permissions, and an audit log;
• integrations: custom domains, the Discord bot, Discord webhooks and HTTP webhooks;
• paid Plans that raise a Site's limits and add features.

The pricing page lists the features and limits of each Plan. Some features are only available on higher Plans.

4. Technical requirements

To use the Service you need a device with internet access, a current version of Chrome, Firefox, Safari or Edge with JavaScript and cookies enabled, and an e-mail account. Passkeys need a device or browser that supports WebAuthn. A custom domain needs a domain you control and access to its DNS settings.

Using the internet comes with common risks such as malware, phishing or a stolen password. Protect your device, do not reuse your password on other services and turn on two-factor sign-in.

5. Your Account and the agreement

The agreement for an Account is concluded for an indefinite period when you create it, and it is free. You need an Account to build Sites, join a team or send an application.

• You give accurate information and keep your e-mail address up to date.
• You must be at least 16 years old. Under-18s use the Service with a parent's or guardian's permission, and only adults may buy a paid Plan.
• You keep your sign-in details secret and tell us straight away if you think someone else has accessed your Account.
• You are responsible for what happens on your Account, including what people you give permissions to in your Site's team do.

6. User Content

You keep all rights to your Content. You give us a non-exclusive, royalty-free licence, without territorial limits, to store, copy, display and process it only as needed to provide the Service, for as long as we provide it.

You are responsible for your Content and for having the right to publish it. We do not review Content before it is published. Supplying unlawful content is prohibited.

You can export custom templates to an XML file and share them. When you import someone else's template, make sure you may use it. We check template code for security (JavaScript and external resources are removed), but we do not check rights to its content or images.

7. Acceptable use

You may not use the Service to:

• publish content that is unlawful, incites violence or hatred, harasses, is pornographic or exploits minors;
• infringe other people's copyright, trademarks, personal rights or privacy;
• send spam, run phishing, spread malware or impersonate other people or brands;
• sell or promote cheats, account trading or anything else that breaks the rules of the games your community plays;
• collect passwords, payment card details or special categories of data, such as health data, through forms;
• probe, overload or attack the Service, get around its security or limits, or use it automatically beyond normal browser use.

8. Reporting illegal content

Anyone, including people without an Account, can report content they believe is illegal or breaks these terms. Send the report at [email protected] with the subject “Content report”. It should include:

• an explanation of why you think the content is illegal or breaks these terms;
• the exact address (URL) of the content and, if needed, more details that help us find it;
• your name and e-mail address (not required for reports of child sexual abuse material);
• a statement that you are reporting in good faith and that, to the best of your knowledge, the information is accurate and complete.

We will confirm receipt and handle the report without undue delay, carefully and objectively, and tell you what we decided. If we remove content, restrict its visibility, or suspend a Site or Account, we will give the author a statement of reasons under Article 17 of the Digital Services Act, unless the law prevents it. You can appeal by replying to that statement. You may also use out-of-court dispute settlement or go to court.

We moderate content based on reports and our own checks, and people make the decisions. We may restrict access to content that is clearly unlawful before we finish checking it. If content threatens anyone's life or safety, we inform the competent authorities.

9. Applications and Players' data

When Players send applications through a Site's forms, the Site owner decides what to ask and what happens to the answers. For that data the Site owner is the controller and we are the processor. Annex 1, which forms part of these terms, sets out the terms of that processing.

The Site owner tells Players who they are and how they use their answers, asks only for what they need, and deletes applications they no longer need.

10. Custom domains and integrations

• Custom domain: you can connect a domain you control to your Site. Cloudflare handles its certificate and traffic. You are responsible for registering the domain and for its DNS settings. If the domain stops pointing at us, the Site stays available at /s/….
• Discord bot: when you connect the FiveSites bot or your own bot to a Discord server, you give it the permissions you choose in Discord. The bot only does what you set up in the panel, such as messages and roles after an application decision. You can disconnect it at any time.
• Webhooks: we send event data to the addresses you enter. You are responsible for where you send it.

Using Discord, Google, Cloudflare and Stripe is also subject to those services' own terms.

11. Paid Plans and payments

Every Site runs on a paid Plan; the only exception is the trial described below. Plans are subscriptions bought separately for each Site and billed in advance, monthly or yearly. The agreement for a paid Plan is concluded when you place the order in the Stripe payment form after accepting these terms.

• Prices on the pricing page are final prices. The Provider is exempt from VAT under Article 113(1) of the Polish VAT Act, so no VAT is added.
• Payments are handled by Stripe Payments Europe, Ltd. You pay by card, Apple Pay, Google Pay or a local method available in your country, such as BLIK. We never see or store full card details.
• The first Site created on an Account gets a 3-day free trial with Pro Plan features, once per Account. The trial needs no card and nothing is charged - it never turns into a paid subscription by itself. Before it ends we remind you by e-mail to pick a Plan.
• A subscription renews automatically for the next period until you cancel it.
• Every payment comes with a sales document (an invoice without VAT) you can download from the Site's billing page.
• When you upgrade you pay the prorated difference for the rest of the period. When you downgrade, the unused part becomes a credit on your next invoice.
• We may change prices for future periods for good reasons, such as higher costs of running the Service. We will tell you at least 30 days in advance, and if you do not accept the new price you can cancel before it applies.

12. Cancelling and ending the agreement

You can cancel a subscription at any time on your Site's billing page or in the Stripe customer portal. The Plan stays active until the end of the paid period and does not renew.

When a Site has no Plan - because the trial or the paid period ended, or the subscription went unpaid - it goes offline: visitors cannot see it, and the panel only lets you pick a Plan or delete the Site. If nobody buys a Plan within 7 days, we delete the Site with its Content, applications and files. We warn the Site owner by e-mail when the Site goes offline and again the day before deletion. If a Plan is bought in that time, the Site comes back right away with all its content.

You can delete a Site in its settings. You can end the Account agreement at any time by asking us to delete your Account at [email protected]. We delete it within 30 days. Cancel paid subscriptions first.

We may end the agreement with 30 days' notice for good reasons: we stop providing the Service, a change in the law prevents us from providing it, or the Account has been inactive for a long time. We may also end the agreement or suspend an Account with immediate effect if a User seriously breaks these terms or the law, or keeps doing so after a warning. For a paid Plan we then refund the unused part of the period, unless the termination results from the User's breach. Where possible we warn you first and, on request, send you a copy of your Content.

13. Right of withdrawal

If you are a Consumer or a Sole trader with consumer rights, you may withdraw from a paid Plan agreement within 14 days of concluding it, without giving a reason. Send us a statement at [email protected] before the deadline. You may use the model form in Annex 2, but you do not have to.

By ordering a paid Plan you ask us to start the service before the withdrawal period ends. If you withdraw, you pay only for the time the Plan was actually active, in proportion to its price. We refund the rest within 14 days of receiving your statement, using the same payment method unless you expressly agree to another.

14. Complaints

If the Service does not work as it should or does not match the agreement, send a complaint at [email protected]. Describe the problem, give your Account or Site address and say what you expect. We will reply within 14 days of receiving it, to the e-mail address it came from.

Consumers and Sole traders with consumer rights have the statutory rights for a digital service that does not conform with the agreement (Articles 43h-43q of the Polish Consumer Rights Act): they may ask us to bring it into conformity and, in the cases the Act sets out, ask for a price reduction or withdraw from the agreement.

15. Availability and changes to the Service

We work to keep the Service running without interruptions and securely, but technical breaks, for example for updates, can happen. We announce longer planned maintenance in advance. We may develop and change features. If a change significantly limits a paid feature you use, we will tell you at least 30 days in advance, and you may end the agreement and get a refund for the unused period.

16. Liability

We are not responsible for Users' Content or for what Site owners do, such as decisions on applications. Nor are we responsible for outages and errors caused by external services we do not control.

Towards Users who are neither Consumers nor Sole traders with consumer rights, we are not liable for lost profits, and our total liability is limited to the amount paid to us in the 12 months before the claim. This limit does not apply to damage caused intentionally.

Nothing in these terms excludes or limits the rights of Consumers and Sole traders with consumer rights that cannot be excluded or limited by law.

17. Personal data

The privacy policy explains how we process personal data, and the cookie policy explains how we use cookies.

18. Changes to these terms

We may change these terms for good reasons: changes in the law, decisions or rulings of authorities, adding, changing or withdrawing features, changing providers, security changes, or the need to clarify a provision. We will tell you about changes by e-mail and in the panel at least 30 days before they take effect. If you do not accept them, you may end the agreement before that date, and for a paid Plan you get a refund for the unused period.

19. Governing law and disputes

The agreement is governed by Polish law. A Consumer keeps the protection given by the mandatory laws of the country where they live.

A Consumer may use out-of-court complaint and redress procedures, for example the help of a local consumer ombudsman or a permanent consumer arbitration court at a regional Trade Inspection office. The Polish Office of Competition and Consumer Protection explains them at prawakonsumenta.uokik.gov.pl.

Disputes with Users who are neither Consumers nor Sole traders with consumer rights are settled by the court competent for the Provider's registered address.

Annex 1. Data processing agreement

This annex is a data processing agreement under Article 28 GDPR between the Site owner (controller) and the Provider (processor). You conclude it by creating a Site.

• Subject and duration: we process the personal data in a Site's Content and applications only to provide the Service, for as long as we provide it.
• Types of data: data the Site's forms ask for, Players' Account names and e-mail addresses, the team's notes, votes and decisions, posts and reactions, the Site's visitor statistics and data from integrations, such as Discord IDs.
• Data subjects: Players, members of the Site's team and other people whose data the Site owner puts in the Content.
• Instructions: we process the data only on the Site owner's documented instructions. These terms and the settings the Site owner chooses in the panel are those instructions. If we believe an instruction breaks the law, we will say so.
• Confidentiality and security: only authorised people bound by confidentiality have access to the data. We apply the measures of Article 32 GDPR, including encryption in transit, access control, two-factor sign-in, backups and an audit log.
• Sub-processors: the Site owner gives general authorisation to engage the providers listed in the privacy policy. We will announce planned changes of providers in advance; the Site owner may object and end the agreement. We require the same data protection obligations from sub-processors.
• Assistance: we help the Site owner answer requests from data subjects and meet the obligations of Articles 32-36 GDPR, as far as the nature of the Service allows.
• Breaches: we notify the Site owner of a personal data breach affecting their Site without undue delay, and no later than 48 hours after discovering it.
• Audits: we make available the information needed to demonstrate compliance and allow an audit on a date agreed in advance, no more than once a year unless a supervisory authority requires it.
• End: after a Site or Account is deleted we delete the entrusted data, except backups, which are overwritten on their cycle, and data the law requires us to keep. Before deletion the Site owner may ask us for a copy of the applications.

Annex 2. Model withdrawal form

(complete and return this form only if you wish to withdraw from the agreement)

To: VunCode Dawid Barszcz, ul. gen. Władysława Andersa 1 lok. 31, 26-615 Radom, Poland, Tax ID (NIP) 7963050248, REGON 545610245, e-mail: [email protected]

• I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) agreement for the provision of the following service: subscription to the … plan for the site …
• Concluded on: …
• Name of consumer(s): …
• Account e-mail address: …
• Date: …

(*) Delete as appropriate.