Fotka Terms and Conditions
September 17, 2024

Section I - Introduction

Article 1

This regulation defines the rules of operation of the Fotka.com website, hereinafter referred to as the Service, as well as the provision and use of all services offered by the Service, such as chat, webcams, internal messenger, and forum. Detailed, specific rules for the use of individual services of the Service, not contrary to this Regulation, may be described in the attachments listed below.

The name of the Service, its concept, graphical appearance, logo, graphic elements, trademarks, software, and database are legally protected.

Article 2

This Regulation has been drawn up based on the laws in force in the territory of the Republic of Poland and sets out the rules of operation of the Service and the provision and use of the services provided through it. The Regulation defines, among other things, the rights and obligations of the Users of the Service, the rules for posting content on the Service, as well as the rights, obligations, and scope of responsibility of Fotka as the entity managing and operating the Service.

Article 3

The entity operating the Service is Fotka Spółka z ograniczoną odpowiedzialnością Spółka komandytowa (Fotka LLC Limited Partnership) with its registered office in Elbląg, Władysława Orkana Street 24, 82-300 Elbląg, entered under KRS number 0000721451 into the Register of Entrepreneurs of the National Court Register kept by the District Court for the City of Olsztyn, 8th Commercial Division of the National Court Register, with a tax identification number NIP 113-257-96-12 and fully paid-up share capital of 60,000.00 PLN.

Article 4

Every User of the Service is required to familiarize themselves with the Terms and Conditions and the Privacy Policy and to comply with their provisions, as well as with the laws in force in the territory of the Republic of Poland. Acceptance of the Terms and Conditions occurs when the relevant box is checked during registration on the Service. Acceptance of the Terms and Conditions also signifies acceptance of the detailed rules and conditions of use for individual features of the Service.

Section II - Definitions

Article 5

The terms mentioned in the Terms and Conditions are understood as follows:

Administrator

A person designated by the entity managing the Service.

Ban/Block

A restriction imposed on a User for unlawfully violating the provisions of the Terms and Conditions.

Blacklist

A list defined by the User of other Users who cannot view their profile, send messages, post comments, or access the User’s Materials.

Data

Any content, especially information, photos, videos, posts, comments, voluntarily posted by the User on the Service.

Personal Data

Information collected through the registration form (available at https://fotka.com/rejestracja/), and then voluntarily modified or supplemented by the User while using the Service. This information concerns an identified or identifiable natural person and is processed by Fotka for the proper provision of Services as specified in the Terms and Conditions, as well as for operational and statistical purposes related to the operation of the Service and other purposes indicated in the consent given by the User. Personal data also includes data automatically collected by Fotka, such as device data used by the User to connect to the Service and location data used to ensure the secure functioning of the Service.

DSA

Regulation (EU) 2022/2065 of the European Parliament and the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).

Filter

Information about a User’s preferences regarding the gender and age of people they wish to view. The filter information of a given User is not visible to other Users of the Service.

Fotka

The entity operating the Service, as indicated in Article 3 of these Terms and Conditions.

Fotka Friend (FP)

A User who helps other Users better understand the Service, ensuring the quality and credibility of added photos, videos, descriptions, and comments. The login name of these Users is marked with a gray logo of the Service.

Fotka Team (FT)

People managing and operating the Service. Their login names are marked with a blue logo of the Service.

Additional Features

Features in the Service available to the User after activating access to the "Star Club" (Detailed information).

Group

A group of Users linked by similar interests.

Star Club

A paid service available on the Service that allows the activation of Additional Features.

Comment/Post

A text added by the User to the Service.

Account

A page/server space in the Service provided to the User, where the User can post Data that can be viewed by other Users, and which Fotka can also use under the terms specified in these Terms and Conditions or according to the consents granted by the User.

Location

The town or city provided by the User in the relevant form or determined based on the User’s GPS location shared for the Fotka App. Having a location enables the User to view the profiles of other Users with the same or nearby location. A User may have up to three locations on their profile. The history of location changes is stored for a maximum of 24 hours.

Materials

Photos, videos, texts, and other content posted by Users.

Profile Name/Login

A string of characters entered by the User on the Service, enabling subsequent identification when using the Service.

Illegal Content

Information that, either in itself or by reference to an action, is not in compliance with the law of the European Union or the law of any member state that complies with EU law, regardless of the specific subject or nature of that law.

Gifted User

A User who has been granted access to the Star Club by another User.

Profile

A section on the Service where Data entered by the User is published.

Special Profile

A profile created by the Fotka Team for third parties based on a separate agreement concluded between the Service and that person.

Private Message

A message sent to a User by another User through the Service’s internal messaging system. Messages are stored on both the recipient's and sender's side. When a User deletes a message, they remove their copy; messages deleted by both sides of the conversation are permanently erased from the Service.

The Service reserves the right to analyze the content of Private Messages through an anti-spam system and to delete messages older than six months.

Terms and Conditions

This document outlining the rules for using the Service, including in particular the rights and obligations of the Users and the Service, along with attachments that form an integral part of it.

Service

A social network available at www.fotka.com , as well as in Fotka applications for Android, iOS, and Windows Phone.

Tips

A service where Users can send "tips" to those broadcasting in the Service. More information about Tips can be found here.

Agreement

An agreement for the provision of electronic services concluded between the User and Fotka at the moment of the User's acceptance of the Terms and Conditions and the Privacy Policy, with content corresponding to the Terms and Conditions and Privacy Policy.

User

A person with full legal capacity who, by accepting the Terms and Conditions, gains access to the services provided through the Service. A User may also be a minor or a person lacking full legal capacity, provided they have obtained the consent of a legal representative.

Account Verification

Occurs after successful registration in the Service. It involves sending a special code via SMS to the phone number provided by the User. The User must enter this code in the designated place on the Service.

Section III – Registration and terms of using the Site

Article 6

Any natural person who is at least 18 years old, who completes the registration process and accepts the full content of the Terms of Service, may become a User of the Service.

Article 7

Registration in the Service involves correctly filling out the form found at: https://fotka.com/rejestracja/, accepting the Terms of Service and Privacy Policy, and confirming the email address by clicking a link. Each User receives a confirmation link sent to the email address provided during the registration process.

Article 8

During the registration process, the User is required to provide current and truthful information and to update it in the event of any changes.

Article 9

Successfully completing the registration process constitutes entering into an indefinite Agreement for the use of selected free functionalities of the Service, as well as paid services and functionalities chosen by the User.

Article 10

After completing the registration process, the User may be asked to verify their Account using a phone number. Providing the number signifies consent to process it for statistical and security purposes. The number is not used for marketing purposes, and the verification process does not activate any paid services for the given number. Once the Account is verified, the User gains full access to all free functionalities of the Service.

Article 11

A User who has entered into an Agreement to use the Service may receive notifications regarding their Account activity, suggestions for new acquaintances, or information about materials added by friends, sent to the email provided during registration or to their devices.

Article 12

A registered User of the Service has the right to:

have their own Account and Profile in the Service,
change and delete their Data through the Account options,
view other Users' Profiles, as well as vote on profiles and photos,
send Private Messages, and comment on profiles, photos, and videos,
participate in discussions on the forum, chat, and groups.

Article 13

The following is prohibited:

promoting websites unrelated to the Service through the Service,
using programs (bots) that generate requests to Fotka's servers. Such actions may be considered a DoS (Denial of Service) attack. The exception is programs using the official API of the Service,
sending spam,
posting commercial content and Materials without prior, explicit consent from Fotka.

Article 14

The User and any person using the Service are prohibited from posting and distributing Illegal Content or content that violates these Terms of Service. Illegal Content may include, but is not limited to:

offensive, discriminatory, or personally harmful content,
content that infringes copyright, related rights, or other intellectual property rights,
content of a terrorist nature,
pornographic, erotic, or obscene content,
sexual content or content intended to incite sexual satisfaction or that could be interpreted as promoting or encouraging sexual activity in exchange for payment, as well as content related to aggressive sexual behavior or sexual content without the consent of those depicted,
vulgarities,
content promoting violence or other dangerous actions and encouraging or facilitating their execution, as well as threats, harassment, or enabling such actions,
content that spreads hatred against individuals or groups based on race, ethnicity, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, immigration status, or any aspect associated with systemic discrimination or marginalization,
content that shows insensitivity towards important social, cultural, or political events, such as threats to civilians, natural disasters, public health crises, conflicts, death, or other tragic situations, or expressing positive emotions regarding such events,
content involving child sexual exploitation, child abuse, or endangerment, especially for the purpose of grooming a child for sexual exploitation, trafficking a child for sexual purposes, or other forms of child sexual abuse,
content in the form of Materials (e.g., photos, videos, computer-generated images) depicting minors engaging in explicitly sexual behavior or other obscene or exploitative images, including those depicting children in cartoons that portray child sexual abuse or make attempts to humorize child sexual abuse,
references to materials containing such content.

Article 15

Any User or entity using the Service has the right to report to Fotka the presence of specific information (e.g., Material, content shared via webcams, or Private Messages) that the User or entity considers Illegal Content or that they believe violates the Terms of Service. The report (hereinafter "Report") can be made using the "Illegal Content Report" form. The Report should include:

a sufficiently justified explanation of the reasons why the User or entity claims that the indicated information constitutes Illegal Content or violates the Terms of Service,
a clear indication of the exact electronic location of the information, such as the precise URL(s) and, if applicable, additional information to help identify the Illegal Content or content in violation of the Terms of Service (e.g., the User's nickname who shared the content, screenshots, etc.),
the name or business name and email address of the User or entity submitting the Report, except for Reports related to offenses mentioned in Articles 3-7 of Directive 2011/93/EU,
a statement confirming that the User or entity submitting the Report has a good faith belief that the information and allegations are correct and complete. If the Report includes the contact details of the User or entity submitting it, Fotka will promptly send a confirmation of receipt and notify them of its decision regarding the information subject to the Report, along with instructions on how to appeal. Fotka reviews Reports in a non-arbitrary and objective manner, with due diligence. The Report is handled by an authorized Fotka representative. Fotka prioritizes Reports from trusted entities signaling, as defined by Article 22 of the DSA. If Fotka becomes aware of or receives information about Illegal Content posted on the Service or related activities, or content in violation of the Terms of Service, it may take actions affecting the availability, visibility, and accessibility of such content, including:
1. restricting the visibility of certain information, including removing content, Materials, or disabling access to them,
2. suspending or terminating the provision of services in whole or in part (e.g., ending webcam transmissions),
3. suspending or closing a User's Account (including issuing an Account Ban).
To file a complaint described in sec. 3 above, the User should contact the Service Administrator via email: fotka@fotka.com.
The complaint should contain at least:
1. the User's nickname;
2. indication of the decision of the Service Administrator or the content against which the Service Administrator took action, along with a description of these actions allowing for unambiguous identification by the Service Administrator of the specific action;
3. reasons and arguments why the Service Administrator should change its decision and acknowledge that:
  1. its decision not to take action in response to the report described in Art. 14 sec. 4 is unjustified;
  2. the information covered by the report described in Art. 14 sec. 4 is not inconsistent with the Regulations or legal provisions;
  3. the User's action does not justify the decision mentioned in Art. 15 sec. 1.

Fotka justifies the imposed restrictions if it has the electronic contact details of the person concerned. According to the DSA, if Fotka receives any information indicating that a crime threatening life or the safety of a person or persons has been or may be committed, it will immediately inform law enforcement or judicial authorities and provide all available information. In the case of content mentioned in Article 14(2)(j-k) of the Terms of Service, Fotka reserves the right to notify relevant law enforcement authorities and a child protection organization of its choice. Fotka has designated a single point of contact for direct communication, electronically, with the Member States' authorities, the Commission, and the Digital Services Council for DSA compliance. This contact point is: dsa@fotka.com. Communication with this contact point may be in Polish or English. Fotka has also designated a point of contact for direct and quick communication with Users and others using the Service via 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, provided that:

it has no actual knowledge of illegal activities or Illegal Content, and in the case of compensation claims, is unaware of facts or circumstances that clearly indicate illegal activities or Illegal Content; or
it promptly takes appropriate action to remove or disable access to Illegal Content when it becomes aware of such knowledge or information.

Fotka is not required to monitor information it stores or actively establish facts or circumstances indicating illegal activities by Users or others using the Service. However, Fotka reserves the right to undertake voluntary checks or other measures to detect, identify, and remove Illegal Content/content in violation of the Terms of Service or to block access to it, or to take necessary actions to comply with legal requirements, including those set out in the DSA. Fotka uses technology to actively detect Illegal Content and content violating the Terms of Service, including in Materials and webcam content. These actions may be automated using systems that detect such content. Carrying out the actions described in the above section does not affect the exclusion of liability mentioned in the previous point. Fotka hereby informs that, under DSA requirements, after receiving an order regarding:

actions to be taken against specific Illegal Content, or
providing specific information about a User or other person using the Service, issued by the relevant judicial or administrative authorities in accordance with applicable laws, Fotka will promptly inform the issuing authority or other specified in the order about its receipt and any actions taken in response. No later than at the time of taking action in response to the order or at the time specified by the issuing authority, Fotka will inform the User or other person using the Service about the order and actions taken in response, along with the justification, instructions on how to appeal, and (in the case of action orders) a description of the territorial scope of the order.

The provisions of the above section are without prejudice to the civil and criminal procedural laws. The provisions of this article apply accordingly to the rules of using the Fotka Application.

Section IV - Account

Article 16

A user can have a maximum of 3 accounts on the Service.

Article 17

It is prohibited to share your account password with third parties.

Article 18

Only the user may use the account. It is forbidden for two or more people to create and use an account simultaneously. Special Profiles are an exception.

Article 19

The user has the right to delete their account either independently or by contacting the Service Administrator. Deleting the account results in the termination of the Agreement with the Service.

To delete an account, the user must go to "Settings" - account tab and click the sentence "Begin the account deletion procedure" at the bottom of the page. Then, follow the instructions.

Deleting the account results in the removal of all the user's personal data from the Service, except for personal data that the Service is required to retain under applicable law and anonymized statistical data. The full account deletion process, along with personal data, may take up to 30 days.

Article 20

In cases of violations of the provisions of these Terms of Service, the user's account may be temporarily or permanently blocked (Banned) or deleted. Blocking or deletion may apply to all of the user’s accounts simultaneously.

Accounts blocked under Article 20 cannot be deleted by the user.

Article 21

Accounts that have not been used for 6 months from the last login may be deleted.

Article 22

If the procedure outlined in Article 21 is initiated, the user will be informed of the intent to delete the account by the Service Administrator. If no objection is raised within 30 days, the account will be deleted.

Article 23

The death of the user results in the termination of the Agreement with Fotka. In such a case, the account will be blocked and then deleted from the Service 30 days after the block is placed.

Section V - User Materials

Article 24

The user is fully responsible for the materials they post on the Service, particularly photos, videos, texts, group posts, forum posts, and private messages.

Article 25

Subject to mandatory legal provisions, Fotka is not responsible for unauthorized use of the posted materials by the user or third parties, nor for the materials shared or published on the Service by users.

Article 26

By accepting the Terms of Service, the user declares that they have full rights to the materials they post and consent from third parties if third-party individuals are featured in the materials.

Article 27

Fotka has the right to reduce/compress user materials. It is not required to notify the user of this action.

Article 28

Fotka has the right to use user materials in promotional materials about the Service, including using them in email notifications sent to other users, publishing them on the Service’s social media pages such as Facebook, Instagram, and YouTube.

Article 29

Fotka has the right to verify the authenticity of user materials at any time by requesting the user to send an up-to-date photo holding a piece of paper with the username and date written on it, against the background of the monitor displaying the Service page. The received photo will be used solely for verification purposes. Failure to comply with Fotka’s instructions as outlined in paragraph 1 above may result in a permanent or temporary block or complete closure of the user’s account.

Section VI – Services and Functions

Article 30

A user can activate the "Star Club" promotional package for another user, but they cannot request any action in return from the recipient. The recipient is informed about the activation of the "Star Club" promotional package by another user when logging into the Service and has the option to accept or reject the activation. If the user rejects the activation of the "Star Club" promotional package, the package is activated on the donor’s account. Activating the "Star Club" promotional package for another user is subject to the provisions of the Act of July 28, 1983, on inheritance and donation tax (Journal of Laws 2024.596 as amended).

Article 31

The range of access or the scope and manner of providing Additional Functions included in the Star Club service, both existing and future, may be changed at any time by Fotka for important reasons. This also applies to adding or removing individual Additional Functions. These changes will not affect the acquired rights of users.

Article 32

The "Star Club" service is automatically activated after funds are credited to Fotka’s account or upon confirmation of payment from the SMS operator. Starting to use the "Star Club" service implies a request to provide the service before the withdrawal period expires (14 days). This means that the user loses the right to withdraw from the "Star Club" service agreement. If the user does not start using the paid functionality after the payment is credited to Fotka's account, they have the right to withdraw from the agreement within 14 days in accordance with Article 38, Section 1, Item 13 of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2023.2759 as amended).

Article 33

Subscription service for access to the Star Club for 14 days:

The service involves subscribing to an MT SMS subscription and receiving access to the Star Club every 14 days.
To activate the service, send an SMS with a unique message for each user, as provided on the page: https://fotka.com/klubgwiazd/mt?days=14 to the number 60568.
The activation SMS costs 5 PLN net (6.15 PLN gross).
You will receive a message confirming the activation of the package on your account every 14 days, with the following content:
"Your account has been recharged with the Star package for another 2 weeks."
To terminate the service, send an SMS with the text STOP FOTKA to the number 60568.
The subscription is available in GSM networks: Orange, Plus, Play.

Subscription service for access to the Star Club for 30 days:

The service involves subscribing to an MT SMS subscription and receiving access to the Star Club every 30 days.
To activate the service, send an SMS with a unique message for each user, as provided on the page: https://fotka.com/klubgwiazd/mt?days=30 to the number 60968.
The activation SMS costs 9 PLN net (11.07 PLN gross).
You will receive a message confirming the activation of the package on your account every 30 days, with the following content:
"Your account has been recharged with the Star package for another 30 days."/span>
To terminate the service, send an SMS with the text STOP FOTKA to the number 60568.
The subscription is available in GSM networks: Orange, Plus, Play.

Article 34

Subscription service for access to the Star Club for 30 days using a payment card:

The service involves subscribing with a payment card and receiving access to the Star Club every 30 days.
To activate the subscription, use the activation form available in the subscription tab in the Star Club: https://fotka.com/ustawienia/platnosci and provide your payment card details.
The fee for each started period is 12 PLN.
You can check the subscription status and renewal date in the Subscription tab in the Star Club: https://fotka.com/klubgwiazd/subskrypcja.
The subscription can be disabled in the Subscription tab in the Star Club and in the payment settings section of your account: https://fotka.com/ustawienia/platnosci.
The subscription is available for Visa and Mastercard payment cards.
Payment providers are: Dotpay S.A., Wielicka 72, 30-552 Kraków, and Autopay S.A., ul. Powstańców Warszawy 6, 81-718 Sopot.

Article 35

Service for access to the Star Club for 30 days:

To activate the Star Club service for 30 days, select your mobile operator on the provided page: https://fotka.com/klubgwiazd, then enter your mobile phone number.
You will receive an SMS containing a PIN code, which you need to enter on the website. The one-time activation fee is 16.99 PLN gross (13.81 PLN net).
After completing the steps described above, you will receive a confirmation message of the activation of the Star Club on your account: “Thank you for using the fotka.pl_Star Package 30 days, cost 16.99 PLN with VAT.
Complaints should be submitted to MOBILTEK, reklamacje@mobiltek.pl,” and this information will also be displayed on the website.
After the selected access period expires, the Star Club service will be automatically deactivated on your account, and if you wish to activate it again, make the payment as described above.
The service is available in GSM networks: T-MOBILE, Orange, Plus, Play.

Service for access to the Star Club for 90 days:

To activate the Star Club service for 90 days, select your mobile operator on the provided page: https://fotka.com/klubgwiazd, then enter your mobile phone number.
You will receive an SMS containing a PIN code, which you need to enter on the website.
The one-time activation fee is 31.00 PLN gross (25.20 PLN net).
After completing the steps described above, you will receive a confirmation message of the activation of the Star Club on your account: “Thank you for using the fotka.pl_Star Package 90 days, cost 31.00 PLN with VAT. Complaints should be submitted to MOBILTEK, reklamacje@mobiltek.pl,” and this information will also be displayed on the website.
After the selected access period expires, the Star Club service will be automatically deactivated on your account, and if you wish to activate it again, make the payment as described above.
The service is available in GSM networks: T-MOBILE, Orange, Plus, Play.

Service for access to the Star Club for 180 days:

To activate the Star Club service for 180 days, select your mobile operator on the provided page: https://fotka.com/klubgwiazd, then enter your mobile phone number.
You will receive an SMS containing a PIN code, which you need to enter on the website.
The one-time activation fee is 47.00 PLN gross (38.21 PLN net).
After completing the steps described above, you will receive a confirmation message of the activation of the Star Club on your account: “Thank you for using the fotka.pl_Star Package 180 days, cost 47.00 PLN with VAT. Complaints should be submitted to MOBILTEK, reklamacje@mobiltek.pl,” and this information will also be displayed on the website.
After the selected access period expires, the Star Club service will be automatically deactivated on your account, and if you wish to activate it again, make the payment as described above.
The service is available in GSM networks: T-MOBILE, Orange, Plus, Play.

Article 36

Webcams are a feature of the Service that allows users to broadcast video and sound.

Article 37

The entities providing online payment services are Autopay S.A. and Dotpay S.A.

platnosci online

Available forms of payment:
Payments cards:
- Visa
- Visa Electron
- MasterCard
- MasterCard Electronic
- Maestro

In the event of a refund for a transaction made by the user with a payment card, Fotka will refund the funds to the bank account associated with the user's payment card. If the user selects a bank transfer, electronic payment, or payment by card, the order is processed immediately after a positive payment authorization is obtained. A user who is a consumer and has entered into a distance contract or a contract outside the business premises has the right to withdraw from the contract without providing a reason within 14 days.

Section VII - Complaints

Article 38

All complaints should be submitted via the contact form or by email at fotka@fotka.com.

Section VIII – Final provisions

Article 39

The Terms and Conditions, along with its attachments, are available in their current version at fotka.com/regulamin

Article 40

Fotka reserves the right to introduce changes to the Terms and Conditions for important reasons, such as:

necessitated by changes in the technological, economic, or organizational aspects of the Service's operations;
necessitated by changes in the structure or content of the Service or its offerings;
due to changes in the scope of services provided by Fotka, including modification, introduction of new services, or withdrawal of existing functionalities or services covered by the Terms and Conditions;
to ensure the security of information collected or processed in connection with the provision of services covered by the Terms and Conditions;
due to changes in the applicable law, which affect the content of the Terms and Conditions, including the rights and obligations resulting from it, or changes in the interpretation of such laws following court rulings, decisions, orders, recommendations, or guidelines from relevant authorities;
due to the need to adjust the Terms and Conditions to the recommendations, orders, rulings, guidelines, or decisions of relevant authorities;
to correct obvious typographical errors or to fill gaps or ambiguities in the Terms and Conditions that cannot be resolved through interpretation of its provisions;
due to changes in subcontractors or suppliers.

Fotka will inform Users of proposed changes to the Terms and Conditions no later than 30 days before the proposed effective date of the changes. If the User does not object to these changes before the proposed effective date, it is assumed that the User has accepted them.

The User has the right, before the proposed effective date of the changes, to terminate the Agreement with effect from the date the changes take effect. A statement of termination should be submitted electronically by sending it to Fotka's email address: fotka@fotka.com, or in writing to Fotka's registered office address: Fotka sp. z o.o. sp.k., ul. Władysława Orkana 24, 82-300 Elbląg. A statement of termination submitted electronically is considered made once it has been introduced into the electronic communication system in such a way that Fotka can become aware of its content. A statement of termination submitted in a form other than electronically is considered made once it has been successfully delivered to Fotka. If the statement is delivered to Fotka after the effective date of the changes, the Agreement will terminate on the day the statement is delivered.

Changes to the Terms and Conditions that involve expanding the functionalities of the Service, enhancing existing services, or introducing new services do not constitute grounds for the User to terminate the Agreement, as long as they do not adversely affect the conditions of the services provided under the Agreement.

Appendices which constitute an integral part thereof:

Rules of the Fotka.com website

Rules for uploading photos, videos and other graphic content