Terms and Conditions of the Fotka Social Networking Service
of 17 September 2024, as amended on 16 September 2026.

Article 14

A User and every person using the Service is prohibited from posting and disseminating Illegal Content and content contrary to these Terms and Conditions in the Service.

Illegal Content within the meaning of these Terms and Conditions and the DSA shall in particular include:

1. content infringing copyright, related rights or other intellectual property rights;
2. content of a terrorist nature;
3. content constituting criminal threats, harassment or other acts fulfilling the elements of an offence against personal freedom or bodily integrity;
4. content spreading hatred against individuals or groups of persons on account of their racial or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, sex, gender identity, immigration status or another aspect associated with systemic discrimination or marginalisation, provided that it fulfils the elements of a prohibited act;
5. content involving the sexual exploitation of children, content depicting abuse of children or posing a threat to them, posted in particular for the purposes of grooming a child for sexual exploitation, trafficking a child for sexual purposes, or otherwise sexually exploiting a child;
6. Materials (including, among others, photos, videos and computer-generated images) depicting minors engaging in conduct of a clearly sexual nature, as well as other obscene or exploitative images that include or depict children, such as cartoons depicting the sexual exploitation of children or attempts to humorously portray the sexual exploitation of children; and
7. links to materials containing the content referred to in points a)-f) above.

Regardless of the above, due to the nature and community standards of the Service, it is furthermore prohibited to post and disseminate in the Service:

1. vulgar language;
2. content of a pornographic, erotic or obscene nature;
3. content of a sexual nature intended to arouse sexual gratification or that may be interpreted as promoting or encouraging a sexual act in exchange for remuneration, as well as content relating to aggressive sexual behaviour and content of a sexual nature posted without the consent of the persons depicted in it;
4. content promoting violence or other dangerous activities, or encouraging or enabling their performance;
5. content that fails to show appropriate sensitivity towards significant social, cultural or political events, such as threats to the civilian population, natural disasters, public health threats, conflicts, death or other tragic situations, or that expresses positive emotions in relation to such events.

Article 15

Every User and every entity using the Service has the right to notify Fotka of the presence in the Service of specific information (e.g. a Material, content shared via Webcams, or the content of a Private Message) that such User or entity considers to be Illegal Content or which, in their assessment, may infringe the provisions of these Terms and Conditions.

The notification referred to in paragraph 1 above (hereinafter the "Notice") may be made via the "Report Illegal Content" Form. The Notice should contain:

1. a sufficiently substantiated explanation of the reasons why the User or entity concerned alleges that the information in question constitutes Illegal Content or is contrary to these Terms and Conditions;
2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling identification of the Illegal Content or content inconsistent with these Terms and Conditions (e.g. the nickname of the User who shared the content, a screenshot, etc.);
3. the first and last name or the name, and the e-mail address, of the User or other entity making the Notice, except for a Notice relating to information considered to be linked to one of the offences referred to in Articles 3-7 of Directive 2011/93/EU;
4. a statement confirming the good-faith belief of the User or other person making the Notice that the information and allegations it contains are accurate and complete.

If the Notice contains the electronic contact details of the User or other entity making the Notice, Fotka will, without undue delay, send that User or entity confirmation of receipt of the Notice and will notify them of its decision regarding the information covered by the Notice, together with information on the possibility of lodging an appeal.

Fotka reviews Notices in a non-arbitrary, objective manner and with due diligence. A Notice is reviewed by an authorised representative of Fotka.

Fotka gives priority treatment to Notices submitted by trusted flaggers within the meaning of Article 22 of the DSA.

Upon obtaining actual knowledge or awareness of Illegal Content posted in the Service or of related activity, or of content inconsistent with these Terms and Conditions, Fotka is entitled to take action affecting the availability, visibility and accessibility of such content, including:

1. imposing restrictions on the visibility of specific information, including removing content or Materials or disabling access to them;
2. suspending or terminating the provision of services in whole or in part (e.g. ending a broadcast via a Webcam);
3. suspending or closing the User's Account (including imposing a Ban on the Account).

Fotka provides a statement of reasons for the restrictions imposed under paragraph 6 above, provided that it holds the electronic contact details of the person concerned.

In accordance with the DSA, if Fotka obtains any information giving grounds to suspect that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place, or may take place, it will immediately inform law-enforcement or judicial authorities of its suspicion and provide all available information on the matter. If Fotka obtains information relating to the content referred to in Article 14(2)(j)-(k) of these Terms and Conditions, Fotka reserves the right to notify the relevant law-enforcement authorities and an organisation combating child exploitation of its choosing.

Fotka has designated a single point of contact enabling direct electronic communication with the authorities of the Member States, the Commission and the Digital Services Board for the purposes of applying the DSA. This point of contact is: dsa@fotka.com. Polish and English may be used to communicate with the point of contact.

Fotka has designated a single point of contact enabling Users and other persons using the Service to communicate directly and swiftly with Fotka by electronic means. This point of contact is: dsa@fotka.com.

Fotka is not liable for information stored within the Service at the request of a User or other person using the Service, where:

1. it does not have actual knowledge of illegal activity or Illegal Content, and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or Illegal Content is apparent; or
2. upon obtaining such knowledge or awareness, it acts expeditiously to remove or to disable access to the Illegal Content.

Fotka is not obliged to monitor the information it stores, nor to actively seek facts or circumstances indicating unlawful activity by a User or other person using the Service. However, Fotka reserves the right to carry out, on its own initiative, voluntary investigative activities or to take other measures aimed at detecting, identifying and removing Illegal Content / content inconsistent with these Terms and Conditions, or disabling access to it, as well as to take the measures necessary to comply with legal requirements, including those set out in the DSA. For this purpose, Fotka uses technology that actively detects Illegal Content and content that violates these Terms and Conditions, both with respect to Materials and to Webcams. These measures may be taken in an automated manner, through the use of systems that detect the content referred to above.

Carrying out, on its own initiative, the activities referred to in paragraph 12 has no effect on the exclusion of liability referred to in paragraph 11 above.

Fotka hereby informs that, in accordance with the requirements of the DSA, upon receiving an order to:

1. act against specific Illegal Content, or
2. provide specific information about a User or other person using the Service,

issued by the relevant judicial or administrative authorities on the basis of generally applicable laws, Fotka will, without undue delay, inform the authority that issued the order, or another authority specified in the order, of its receipt and of any action taken in response to the order. At the latest at the time of taking action in response to the order, or at the time specified in the order by the authority, Fotka will inform the User or other person using the Service of the order received and of the action taken in response to it, together with a statement of reasons, information on the possibility of lodging an appeal, and (in the case of an order to act) a description of the territorial scope of the order.

The provisions of paragraph 14 above are without prejudice to the provisions of civil procedure and criminal procedure law.

The provisions of this Article apply accordingly to the rules for using the Fotka App.