VOD Service Terms and Conditions

Terms and Conditions of the Five Flavours VOD Service

§ 1

Definitions

1) Website – the website in the domain www.piecsmakow.pl owned by the Service Provider, through which the Service Provider provides the VOD Service;

2) Service Provider – Fundacja Sztuki Arteria with its registered office in Warsaw at ul. Świętokrzyska 30 lok. 68a, 00-116 Warsaw, entered in the register of entrepreneurs and the register of associations kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000213829, NIP (tax ID): 5213299474, REGON: 015779463;

3) User – a natural person, a legal person or an organisational unit without legal personality but with legal capacity, holding a User Account on the Website; a User who is a natural person must have full capacity to perform legal acts;

4) VOD Service – the media service named “Five Flavours at Home” (Pięć Smaków w Domu), provided by the Service Provider electronically through the Website, consisting in granting paid access to watch Films by streaming;

5) Agreement – an agreement for the provision of digital services / supply of digital content concluded between the Service Provider and the User, under which the Service Provider grants access to selected Films or Online Passes within the VOD Service;

6) Film / Films – audiovisual materials presented within the VOD Service on the Website;

7) Online Pass – a digital entitlement to access a specified package of Films within the VOD Service for a specified period.

§ 2

General provisions

1. These Terms and Conditions set out the rules, scope and conditions under which the Service Provider provides the VOD Service on the Website.

2. The Service Provider provides the VOD Service electronically in accordance with the Polish Act of 18 July 2002 on the provision of services by electronic means.

3. Where the Agreement is concluded with a consumer, or with a natural person concluding an agreement directly related to their business activity where the content of that agreement shows that it is not of a professional nature for that person (a so-called entrepreneur with consumer rights), the Agreement is a distance agreement for the provision of digital services within the meaning of the Polish Act of 30 May 2014 on consumer rights.

4. Before starting to use the VOD Service, the User is obliged to read these Terms and Conditions.

5. By starting to use the VOD Service, the User confirms that they have read the Terms and Conditions, accept their provisions and undertake to comply with them.

6. Films available within the VOD Service may be freely added, removed and changed by the Service Provider, without prejudice to the rights acquired by the User in respect of paid and active access.

7. All rights to the VOD Service and its content (including trademarks, graphic design and the film database) belong to the Service Provider or to third parties from which the Service Provider has obtained the relevant licences.

§ 3

Technical and geolocation requirements for using the VOD Service

1. In order to use the VOD Service properly, Users must meet the following technical requirements:

a. a stable Internet connection with an actual download bandwidth of:

- at least 3 Mb/s for playing a Film in 480p quality,

- at least 5 Mb/s for playing a Film in 720p quality,

- at least 10 Mb/s for playing a Film in 1080p quality;

b. an installed operating system:

- Microsoft Windows 10 or later,

- macOS 12 or later,

- iOS 17 or later,

- Android 10 or later;

c. an installed, up-to-date web browser capable of playing audiovisual content on the Internet:

- Firefox version 152 or later,

- Chrome version 150 or later,

- Microsoft Edge version 150 or later,

- Opera version 133 or later,

- Safari version 26.5 or later;

d. JavaScript, cookies and DRM content protection technology (Widevine or FairPlay) enabled in the browser; DRM-protected Films will not play in browsers or on devices that do not support this technology or in which it has been disabled.

2. Playing Films and using the VOD Service is territorially restricted and permitted only within the territory of the Republic of Poland, unless the information about a given Film states otherwise. The Service Provider applies geo-blocking based on the User’s IP address.

3. A User whose permanent residence in Poland has been verified may use the VOD Service during a temporary stay in other member states of the European Economic Area (EEA), in accordance with Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market. Verification of permanent residence is carried out at the User’s request sent to the e-mail address info@piecsmakow.pl, in accordance with the rules set out in Article 5 of that Regulation. The Service Provider is entitled to suspend access to Films during the User’s stay in another EEA member state until the User’s permanent residence in Poland has been successfully verified.

4. The Service Provider determines the User’s location on the basis of the IP address from which the connection to the Website is made, using external IP address databases. Due to the terms of the licences granted to the Service Provider for the Films, the VOD Service cannot be used through connections that hide or alter the User’s actual location, in particular:

a. virtual private networks (VPN), including VPN features built into web browsers, operating systems or antivirus software;

b. proxy servers and privacy services that hide the IP address, such as Apple’s iCloud Private Relay;

c. the Tor network and other tools that anonymise the connection.

5. If a connection referred to in section 4 is detected, playback of Films is suspended until the User disables that connection. Such suspension does not constitute a malfunction of the VOD Service and does not entitle the User to a refund or to an extension of the access period. If the User is in Poland, does not use the solutions listed in section 4 and their location has nevertheless been determined incorrectly, they should report this to the Service Provider at the e-mail address info@piecsmakow.pl. The Service Provider examines such reports individually and may temporarily lift the block for the User Account concerned.

6. The Service Provider will exercise due care to ensure that use of the VOD Service in accordance with the Terms and Conditions works properly. However, the Service Provider does not guarantee that no problems with access to the VOD Service will occur for reasons beyond the Service Provider’s control. Such cases, together with a detailed description, should be reported to the Service Provider and will be examined individually.

7. The operation of the VOD Service may be subject to interruptions during which Users will temporarily be unable to use it, due to, among other things, maintenance, changes or improvements. The Service Provider will inform Users about technical interruptions and their duration by the means available to it, in particular by posting notices on the Website or on dedicated subpages. Access to Films is extended accordingly by the time during which the VOD Service was unavailable. If the extension of access referred to above is not possible, the User may obtain a refund of the access fee. Fees paid for the purchase of an Online Pass will not be refunded.

8. The Service Provider will exercise due care to ensure the proper functioning of the VOD Service, but is not liable for disruptions caused by the User’s Internet service providers or the User’s equipment.

§ 4

Rules for using the VOD Service and copyright protection

1. Under the rules set out in these Terms and Conditions, access to the VOD Service is open to anyone who holds an active User Account on the Website.

2. All Films made available within the VOD Service are works protected by copyright under the Polish Act of 4 February 1994 on copyright and related rights. Access to Films is granted exclusively in the form of online streaming for the User’s own private, personal use.

3. The User is obliged to use the VOD Service in accordance with the law and these Terms and Conditions. In particular, the User is strictly prohibited from:

a) downloading, recording, copying, capturing or saving film materials on any data carriers or on the local drive of the User’s device (so-called ripping/downloading);

b) using the VOD Service for trade or commercial purposes, or for public performance, screening or distribution of Films (in whole or in part);

c) circumventing, breaking, removing or modifying the technical protection measures (including DRM technology, encryption and IP geo-blocking) applied by the Service Provider;

d) sharing the login details of the User Account with third parties in order to enable them to gain unauthorised access to Films;

e) encouraging, facilitating or causing third parties to undertake any of the above actions.

4. If an attempt to download film material, to circumvent protection measures or to use the VOD Service unlawfully is detected, the Service Provider has the right to immediately block the User’s access to the VOD Service without refunding any fees paid, and to take legal action to pursue claims for damages.

§ 5

Obtaining access to Films online

1. Access to Films consists in streaming data (with no possibility of downloading or saving to a data carrier) and is subject to a fee.

2. For each Film, the Service Provider provides information about its type, price, quality and the date and period during which the User will be able to access it.

3. Obtaining access to a Film requires the User to place an order specifying the Film they wish to watch and to pay the fee applicable at the time the order is placed, under the rules set out in these Terms and Conditions.

4. A necessary condition for watching Films, purchasing an Online Pass and activating access codes is that the User provides an active Polish mobile phone number (with the +48 country code) and verifies it with a one-time code sent by SMS. The verified phone number is assigned to the User Account.

5. The Service Provider stipulates that only one Online Pass may be purchased per person; however, a User may order an Online Pass on behalf of a third party.

6. The Service Provider has the right to change the fee for access to a Film in accordance with its current commercial offer communicated to Users through the VOD Service, and to introduce temporary promotional or discount offers as well as to change them, which does not apply to access to a Film previously purchased by the User.

7. When the User places an order, an Agreement is concluded under which the Service Provider grants access to the Films selected by the User.

8. The User will receive confirmation of the conclusion of the Agreement by e-mail sent to the e-mail address provided when registering the User Account.

9. Access to Films is activated immediately, provided that the fee has been paid. If access to a Film is available within a specific time window indicated in the information about the Film, access will be activated at the start date of that window.

10. If the fee is not paid within 48 hours of the conclusion of the Agreement, the Agreement expires. The User will be informed of the expiry of the Agreement by e-mail.

11. Access to a Film may also be obtained on the basis of a link or an access code made available to the User, enabling authorised access to the Film, under the rules set by the Service Provider.

12. During the access period, the Film may be played multiple times; however, the Service Provider is entitled to verify the number of plays and the User’s IP address.

13. Within the access obtained, the User may play a Film on only one device at a time.

14. Access to a Film ends upon expiry of the period for which the User was granted access, in accordance with the information referred to in section 2 above.

15. If the Service Provider suspects that the User is in breach of these Terms and Conditions or of generally applicable law, the Service Provider will notify the User of the irregularities detected. If the breaches continue, the Service Provider may block the User’s access to the Film.

§ 6

Payment rules

1. The User pays for an Online Pass or for access to a Film as a one-off payment, which enables access to the selected Films.

2. Payments are processed through the payment operator available on the Website. Payments for tickets and/or passes can be made only electronically through the Przelewy24 service.

3. Information about the accepted payment methods is available in the description provided with the Film.

4. The Service Provider does not provide any payment services to Users and does not collect any payments from them directly.

§ 7

Withdrawal from the Agreement

1. A User who is a consumer within the meaning of the law has the right to withdraw from the Agreement within 14 days without giving any reason.

2. The withdrawal period expires 14 days after the date of conclusion of the Agreement.

3. To exercise the right of withdrawal, the User referred to in section 1 above must inform the Service Provider of their decision to withdraw from the Agreement by an unequivocal statement, for example:

a. in writing to the address: Fundacja Sztuki Arteria, ul. Świętokrzyska 30/68a, 00-116 Warsaw, Poland,

b. electronically by e-mail to the address: info@piecsmakow.pl.

4. The User referred to in section 1 above may use the model withdrawal form, but this is not obligatory. The model withdrawal form is attached as Annex 1 to these Terms and Conditions.

5. To meet the withdrawal deadline, it is sufficient for the User referred to in section 1 above to send the notice of exercising their right of withdrawal before the withdrawal period expires.

6. The User referred to in section 1 above does not have the right of withdrawal if, before the expiry of the above period, access to the Film began to be provided with the User’s express consent and after the User had been informed that they would lose the right of withdrawal once the Service Provider began performance.

7. If the User referred to in section 1 above withdraws from the Agreement, the Agreement is deemed not to have been concluded.

8. In the event of withdrawal from the Agreement, the Service Provider will refund to the User all payments received from the User without undue delay and in any event no later than 14 days from the day on which the Service Provider was informed of the User’s decision to exercise the right of withdrawal.

9. The Service Provider will make the refund using the same means of payment as the User used for the original transaction, unless the User has expressly agreed otherwise.

10. In any event, the User will not incur any fees in connection with the refund.

§ 8

Personal data protection

1. The controller of Users’ personal data is the Service Provider.

2. The rules for processing personal data, including the purposes and legal bases of processing, data recipients, retention periods and the rights of Users, as well as the rules for the use of cookies, are set out in the Privacy and Cookies Policy available on the Website at: https://www.piecsmakow.pl/artykul.do?id=687.

3. In connection with the provision of the VOD Service, the Service Provider additionally processes the User’s IP address and the location determined from it, as well as the verified phone number, for the purpose of applying the geo-blocking and technical protection measures referred to in § 3 and § 4 and of preventing abuse. The legal basis for this processing is the Service Provider’s legitimate interest in protecting the licences granted for the Films (Article 6(1)(f) GDPR).

§ 9

Complaints

1. If the VOD Service or any of its elements malfunctions, the User has the right to file a complaint.

2. A complaint should include:

a. the User’s first name and surname,

b. their e-mail address,

c. a description of the irregularities observed.

3. Complaints should be sent by e-mail to the Service Provider’s e-mail address: info@piecsmakow.pl.

4. Complaints are examined and answered within a maximum of 14 days from the date of their receipt by the Service Provider. Failure to respond within this period means that the complaint has been accepted.

5. The Service Provider sends its response to the complaint to the User by e-mail.

§ 10

Final provisions

1. The Terms and Conditions are made available to the User free of charge through the Website in a form that allows them to be downloaded, saved and printed.

2. The Agreement is governed by the version of the Terms and Conditions in force on the date of its conclusion.

3. The National Broadcasting Council (Krajowa Rada Radiofonii i Telewizji) is the competent authority for on-demand audiovisual media services.

4. This version of the Terms and Conditions enters into force on 3 September 2026.

Annex 1 to the Terms and Conditions of the Five Flavours at Home Service

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

WITHDRAWAL FORM

To:

Fundacja Sztuki Arteria
ul. Świętokrzyska 30/68A
00-116 Warszawa, Poland
tel. +48 880 628 585
e-mail: info@piecsmakow.pl

From:

First name and surname:

Address:

E-mail address:

Phone number:

Order number:

Date of receipt of the order:

I/We(*) hereby give notice that I/we(*) withdraw from the agreement for access to the following Film within the VOD Service: