Terms of Service

1. INTRODUCTION

  1. These Terms of Service define the rules applicable to the use of our Services through our Application.

  2. The Application is managed by Realms Distribution spółka z ograniczoną odpowiedzialnością (limited liability company) with registered office in Wrocław (50-127), address: ul. Św. Mikołaja 58, 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 number 0000637257, NIP: 8992798122, share capital: 26 500 PLN (“RD”).

  3. Whenever in these Terms of Service we use words such as „we”, “our”, “us'’ we mean RD. Whenever in these Terms of Service we use words such as “you”, “your” or “yours” we mean the User (as defined below).

2. DEFINITIONS

  1. All capitalized terms shall be defined as described below:

    1. Electronic Services Agreement – a contract entered into based on these Terms of Service, concluded between RD and the User to provide the Services;

    2. Personal Data - any information relating to an identified or identifiable natural person, such as your name, address, or email address;

    3. Privacy Policy – Privacy Policy of RD available at https://ludomentor.com/privacy-policy;

    4. Services – all services that RD renders based on these Terms of Service through the Application;

    5. Application - software provided and managed by us that allows Users to ask questions in text and voice form about board games created by us and third-party producers who have consented to the inclusion of the content related to their board game instructions in the software, and then generates answers to the questions asked in text form using artificial intelligence technology provided by OpenAI;

    6. Third-Party Producers Content – any works, including board game instructions, provided by third-party producers who own the copyrights to them and have granted RD a license to use them in the Application.

    7. User, you – any person or entity, which makes use of the Services and enters into the Electronic Services Agreement;

Singular, plural, gender. All references to the singular shall include the plural where applicable, and all references to gender shall include both genders and the neuter.

Headings and titles. Headings and titles are used for convenience only and are not to be used in construing or interpreting these Terms of Service.

3. GENERAL PROVISIONS

  1. These Terms of Service govern the rules for using the Application and providing Services to Users by RD, including, but not limited to, the rules for using the Question and Answer Services, concluding the Electronic Services Agreement, and other rights and obligations of the User and RD related to the Services.

  2. The User is obliged to read these Terms of Service before starting to use the Services.

  3. Based on these Terms of Service, we provide the following Services:

    1. Question Asking Service;

    2. Question Answering Service;

  4. The User may use the Services only in a lawful manner. By using the Services, the User agrees to refrain from any actions that may hinder or disrupt the proper functioning of the Application, including, but not limited to, destroying, modifying, deleting, damaging the Application, or hindering access for other Users in any other way.

  5. The use of the Application is optional and free of charge. By using the Application, the User confirms that they are of legal age according to the law of their place of residence.

  6. Questions asked using the Service and the answers provided to them are stored in the Application. The User is responsible for managing the content entered into the Application.

  7. The Application is provided on an "as is" and "as available" basis, without any warranties, express or implied. We reserve the right to modify, suspend, or discontinue the Services at any time, with or without notice. We are not liable to the User or any third party for any modification, suspension, or discontinuation of the Services.

  8. RD has the right to monitor the content entered by Users to ensure compliance with the rules for using the Application contained in these Terms of Service. RD reserves the right to suspend or delete the User's account in the event of repeated violations.

  9. Voice and text data may be used for analytical purposes, but only to the extent necessary to improve the quality of services.

4. THIRD PARTY PROVIDERS

  1. For providing Transcription Services we are using third party’s services. The third party services used are provided by:

    1. Google Firebase;

    2. OpenAI;

    3. oAuth;

  2. We do not verify, curate, or control third party content. We do not control third party services. As a result, we do not guarantee, endorse, or recommend such content or services to any or all users of the Services, or the use of such content or services for any particular purpose. You access, rely upon or use any third party content or third party service at your own risk. We do not guarantee the accuracy of content provided by third parties.

  3. Third parties may be subject to separate terms and conditions set forth by the applicable third party content and/or service provider. Those terms and conditions may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such terms may also apply a privacy policy different from that which we maintain and incorporate into this Agreement. It is your responsibility to understand the terms and conditions of third party Services, including how those service providers use any of your information under their privacy policies.

  4. We disclaim all responsibility and liability for any losses on account of your reliance upon or use of third party content or services. We have no responsibility for third party content that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on third party content or to use a third party service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws.

  5. Dealing or correspondence with any third party that provides content or services is solely between you and that third party.

5. TECHNICAL REQUIREMENTS

  1. In order to access the Application and use the Services, you need to have:

    1. a smartphone or other multimedia device;

    2. access to a stable Internet connection;

    3. an account registered using Single-Sign-On (SSO) service.

6. APPLICATION LICENCE

  1. You may access Application via download and we will not provide you with any tangible copy of the Application. Subject to your compliance with the Terms, we grant you a nonassignable, non-transferable, non-sublicensable, revocable, and non-exclusive licence to use the Application on devices you own or control solely for your business purposes.

  2. Because the Application is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Application is installed against malware.

  3. We are not responsible for any loss or damages – including loss of funds or lockout from accounts accessed via the Application – resulting from your failure to keep the device on which the Application is installed safe and free of any malware. If the Application is compromised by malware on your device, it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the Application and the information stored on it.

  4. We or our licensors own all right, title, and interest in and to the Application, and all related technology and intellectual property rights. Except as provided in this section, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Application, including any related intellectual property rights.

  5. Neither you nor any third party may use the Application in any manner or for any purpose other than as expressly permitted by this Agreement. Except for as authorised, neither you nor any third party may, or may attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Application, (b) reverse engineer, disassemble, or decompile the Application or apply any other process or procedure to derive the source code of any software included in the Application, (c) access or use the Application in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) use scraping techniques to mine or otherwise scrape data or (e) resell or sublicense the Application unless otherwise agreed in writing.

  6. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.

7. LICENSE FOR THIRD-PARTY PRODUCERS CONTENT

  1. RD declares that third-party producers have granted RD a non-transferable, non-sublicensable, revocable, and non-exclusive license to use Third-Party Producers Content in the Application.

  2. Third-party producers retain the copyright to the Third-Party Producers Content made available to RD.

  3. RD makes every effort to ensure that the information contained in the Application, however RD is not responsible for any errors or inaccuracies in the Third-Party Producers Content.

  4. RD reserves the right to remove Third-Party Producer Content from the Application database.

    8. QUESTION ASKING SERVICE

  5. The Question Asking Service enables the User to ask questions about board games created by RD and third-party producers who have agreed to place content regarding their board games in the software. Questions may relate to, among other things: rules of the game, individual characters, instructions, and other aspects related to the gameplay.

  6. The User can ask questions in voice or text form.

  7. The processing of voice questions takes place using artificial intelligence technology provided by Open AI for speech recognition to transcribe audio to text. User voice recordings are processed to generate answers to the questions asked.

  8. To use the Question Asking Service, you must download the application to a smartphone or other multimedia device and then register an account using Single-Sign-On (SSO) service.

  9. To use the Question Asking Service in voice form, you must allow the Application to access the device's microphone. This permission allows the Application to record audio through the microphone. If you revoke or disable this permission at any time, the use of the Question Asking Service in voice form will not be possible. The Application uses the microphone to record audio only when the User is actively using the Question Asking Service in voice form.

  10. The User must ensure that they have the right to record audio, including obtaining any necessary consents from the people being recorded. We are not responsible for any recordings made without proper consent or in violation of any local, regional, national, or international regulations.

  11. The User may not use the Question Asking Service to create, store, or distribute content that:

    1. infringes the intellectual property or privacy rights of others;

    2. contains defamatory, obscene, harassing, or offensive materials;

    3. violates any laws, regulations, or third-party rights.

  12. If the User chooses to use third-party equipment or services (e.g., external microphones) in conjunction with the Question Asking Service, they are solely responsible for ensuring that the third-party services comply with all applicable terms and conditions and laws. The Application does not endorse or take responsibility for third-party products or services.

  13. To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, or profits arising from the use of the Question Asking Service, even if we have been advised of the possibility of such damages.

9. QUESTION ANSWERING SERVICE

  1. The Question Answering Service consists of generating answers in text form to questions asked by Users using the Question Asking Service in voice or text form.

  2. Answers to questions are generated in text form using Open AI's artificial intelligence technology. The generated answers may contain errors. The User acknowledges that the accuracy, completeness, or quality of the answers provided is not guaranteed.

  3. Answers to questions are generated by OpenAI's language model using data collected in the Application's database.

  4. The User may use the Question Answering Service only for lawful purposes and in accordance with these Terms of Service. The User agrees not to use the Question Answering Service to obtain answers that violate any laws or third-party rights, including but not limited to copyrights, privacy rights, and intellectual property rights.

  5. The User may not use the Question Answering Service to create, store, or distribute content that:

    1. infringes the intellectual property or privacy rights of others;

    2. contains defamatory, obscene, harassing, or offensive materials;

    3. violates any laws, regulations, or third-party rights.

  6. To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, inaccuracies in the answers provided, or any other damages arising from the use of the Question Answering Service, even if we have been advised of the possibility of such damages.

10. CONCLUSION AND TERMINATION OF THE ELECTRONIC SERVICES AGREEMENT

  1. The Electronic Services Agreement concluded between RD and the User as a result of accepting these Terms of Service may be terminated by either party at any time. Termination of the Agreement will result in the User's inability to use the Services.

  2. RD has the right to terminate the Electronic Services Agreement at any time by ceasing to provide the Services through the Application.

  3. RD may terminate the Electronic Services Agreement with immediate effect if the User violates provisions of the Terms of Service.

11. OUR LIABILITY

  1. We make every effort to ensure proper functioning of the Application and remove bugs or errors within a reasonable time, however we do not guarantee to remove any irregularities reported by the Users.

  2. We are not liable for any disruptions in the proper functioning of the Services, as well as for non-performance or improper performance of the Electronic Service Agreement caused by force majeure, third parties and/or by our efforts to improve the Application functionality, unless we are solely liable for such an event.

  3. To the maximum extent permitted by law, in no event shall RD be liable to the User for any loss of profits, loss of use, business interruption, loss of data, cost of cover, cost of procurement of substitute goods or services or any indirect, special, incidental, exemplary or consequential damages of any kind in connection with or arising out of these Terms of Service.

  4. Please note that nothing in this Terms of Service your statutory rights as a consumer, which under the applicable law are not capable of exclusion or limitation.

12. DATA PROTECTION

  1. The rules of processing User's Personal Data by RD are specified in the Privacy Policy, available at https://www.awakenrealms.com/privacy-policy.

  2. The User acknowledges that the Application shall not be used to process sensitive Personal Data within the meaning of the Regulation (EU) 2016/679 (General Data Protection Regulation).

13. CONTACT WITH US

  1. Contact with RD is possible via post: address: ul. Św. Mikołaja 58, 50-127 Wrocław

14. CONSUMER LAW

  1. This section regulates the rights of consumers as defined under Polish law, including the Act of 23rd April 1964 – Civil Code as well as the Act of 30th May 2014 on Consumer Rights.

  2. Please note that nothing in this Terms of Service will affect your statutory rights as a consumer which under the applicable law are not capable of exclusion or limitation. Please be informed that:

    1. this Terms of Service is a legal agreement between you and RD which governs your use of the Application; We provide you with a licence to use the Application (please see the “APPLICATION LICENCE” section above);

    2. you can contact us by email at contact@ludomentor.com, by phone at +48 515 960 780 or by post mail at Realms Distribution sp. z o.o., ul. św. Mikołaja 58, 50-127 Wrocław;

    3. you can file a complaint regarding the Application by email at contact@ludomentor.com; we will investigate each complaint and inform you about the result of the investigation by e-mail within 14 days;

    4. under art. 38 par. 1 point 1 of the Act of 30th May 2014 on Consumer' Rights, you do not have the right to withdraw from this Terms of Service, unless our Distributor decides otherwise; please check our Distributor’s website to see details;

    5. subject to the provisions of this Terms of Service:

      1. the contractual obligations of RD are regulated by Act of 23rd April 1964 – Civil Code;

      2. you can pursue your contractual claims regarding this Terms of Service or the Application in accordance with Act of 23rd April 1964 – Civil Code;

    6. to resolve a dispute with us you can use out-of-court dispute resolution procedures, e.g. by means of an intervention of a county (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the consumer helpline number +48 800 007 707 (local charges may apply).

15. FINAL PROVISIONS

  1. We may amend these Terms of Service and any arrangements made hereunder at any time for the following important reasons:

    1. organisational, business or legal changes with regards to us that affect the Services;

    2. amendments to law which affect the Services;

    3. changes in the Application’s functionalities.

  2. Each time these Terms of Service are amended, you will be informed about it via the Application. The changes will be effective no earlier than 14 days after the User has been informed of these changes, unless the User accepts the wording of the amended Terms of Service earlier – in this case the amended Terms of Service are effective upon such acceptance.

  3. The notice period referred to in section above may be shorter if:

    1. the change is caused by an amendment to the generally applicable legislation and the time between the publication of the act and its entry into force is less than than 14 days;

    2. the change is caused by a decision of a public authority or a judgement of a court of law, which requires the amendment to be made within less than 14 days.

  4. These Terms of Service, as well as any agreement entered into between us and Users, are governed by the Polish law, excluding any conflict of law rules.

  5. Any disputes between us and the Users shall be settled by mediation or other way of out-of-court dispute resolution. If we are unable to reach an agreement, any disputes that may arise in connection with these Terms of Service shall be submitted to the competent courts of Wrocław, Poland.

  6. These Terms are effective as of the date 24th April 2025.