Terms of service · Powiatówka

§ 1. General provisions

These Terms set out the rules for using the browser game Powiatówka (the Game), the types and scope of services provided electronically, the conditions for concluding and terminating contracts, and the complaints procedure.
The Game is run by ArchXS Dariusz Tyszka (the Operator), address: al. Komisji Edukacji Narodowej 52/77, 02-785 Warszawa, NIP (tax ID) 7591323387, REGON 146517520, entered in the Central Register and Information on Economic Activity (CEIDG).
Contact with the Operator: email support@powiatowka.com, postal address: al. Komisji Edukacji Narodowej 52/77, 02-785 Warszawa. The email address is also the point of contact for the authorities of the Member States, the European Commission and recipients of the service referred to in Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act, DSA). You can contact us in Polish or in English.
These Terms are issued under Article 8(1)(1) of the Polish Act of 18 July 2002 on the provision of electronic services. The Operator makes them available free of charge in the Game in a form that allows them to be downloaded, stored and printed.
By using the Game, the User accepts these Terms. Before concluding a paid contract, the User confirms that they have read these Terms.
The Game uses data © OpenStreetMap contributors, made available under the Open Database License (ODbL), and the digital terrain model made available by the Polish Head Office of Geodesy and Cartography (GUGiK). Roads in the Game are simplified and are not intended for navigation or travel planning.

§ 2. Definitions

User – a natural person, legal person or organisational unit without legal personality that uses the Game.
Consumer – a User who is a consumer within the meaning of Article 22¹ of the Polish Civil Code.
Sole trader with consumer rights – a natural person who concludes a contract directly related to their business activity where the content of the contract shows that it is not of a professional nature for that person, in particular in view of the subject of their business activity disclosed in CEIDG. The provisions concerning Consumers apply to such a person to the extent provided by law.
Account – the User's individual account in the Game, created by signing in with a Google account or with a one-time link sent to an email address.
Route – a representation of a real road in the Game. The Game may include many Routes; the first one is the Radzymin – Ostrołęka route.
Billboard – an advertising space on a Route with a permanent identifier and web address, existing only in the Game.
Creative – an image uploaded by a User for display on a Billboard, together with an optional landing page address.
Billboard Right – the right, arising from a contract with the Operator, to display a Creative on a Billboard for the Term.
Billboard Holder – the User who holds the Billboard Right. The term does not mean ownership within the meaning of the Civil Code.
Term – the duration of the Billboard Right chosen at purchase or renewal: 30, 90 or 365 days.
Priority Period – the 7 days after the end of the Term during which the Billboard Right continues and no one else can buy the Billboard.
Automatic Renewal – charging a saved payment card for the next Term under § 9.
Resale – the transfer of the Billboard Right to another User under § 10.
Campaign – the provision by a Billboard Holder of discount codes or other benefits to Users who drive past the Billboard.
Coupon – a code or benefit from a Campaign that a User collects in the Wallet in the Game.
Notice Board – the Game feature used to exchange Coupons between Users.
Wall – a canvas on a noise barrier or flyover in the Game on which Users place Pixels.
Pixel – a single point of colour placed on a Wall.
Paint – the number of Pixels available to a User, which refills over time.
Paint Pack – a paid, permanent increase in the capacity or refill rate of Paint.
User Content – content provided by a User in the Game, in particular a nickname, Creatives, Pixels, Campaign content, reports and appeals.
Payment Operator – Stripe Payments Europe, Limited, registered in Dublin (Ireland).

§ 3. Technical requirements and risks

To use the Game you need a device with internet access and an up-to-date browser with JavaScript and WebGL enabled. To use an Account you also need cookies and an email address or a Google account.
On older devices the Game may run more slowly. The Operator does not guarantee that the Game will work with every hardware and software configuration.
Users must not provide unlawful content.
Using electronic services involves typical risks such as malware, phishing or a compromised mailbox. The Operator never asks for the password to a Google account or an email account. The sign-in link can be used only once and must not be passed on to anyone.
Do not use the Game while driving a vehicle.

§ 4. Free services and fair play

The Operator provides the following services free of charge:
1. driving a Route, also without an Account;
2. an Account and a driver profile;
3. rankings of players, countries and counties;
4. recordings of drives visible to other Users;
5. a collection of sights and the title of village mayor of the week;
6. painting Walls with Paint that refills free of charge;
7. collecting Coupons and the Notice Board;
8. sharing links and postcards from a Route.
The contract for free services is concluded when the Game is started and, as regards the Account, when the Account is created, for an indefinite period. The User may terminate it at any time by stopping using the Game or by requesting deletion of the Account (§ 5(5)).
The Game records the drive of a signed-in User: the position on the Route over time and the use of the horn and lights. The recording is shown to other Users together with the nickname, country and a fictitious number plate. Rankings show the nickname, score, country and county. The nickname of the village mayor of the week is displayed under the village sign.
The following are prohibited:
1. using programs that automate driving or painting;
2. interfering with the operation of the Game or its communication with the server, including faking drives;
3. creating multiple Accounts to get around limits or improve results;
4. deliberately exploiting errors in the Game.
In the event of a breach of paragraph 4, the Operator may refuse to count a drive, exclude the Account from the rankings or apply other measures under § 7.
Rankings, sights and titles are for entertainment only. They do not come with cash or material prizes.

§ 5. Account

An Account may be created by a person who is at least 16 years old. A minor uses the Account with the consent of their legal representative. Paid services (§ 8–§ 11) are available only to adults with full legal capacity and to businesses.
The nickname is public. It must not infringe the rights of third parties, suggest someone else's identity or contain profanity, offensive content or advertising. The Operator may block a nickname that breaches these Terms and ask the User to change it.
In the profile, the User states their country and, in Poland, also their county. The county can be changed no more than once every 30 days.
The User is responsible for the security of the mailbox or Google account they sign in with. A sign-in session expires after 30 days at the latest.
The User may request deletion of the Account at any time by writing to support@powiatowka.com from the address linked to the Account. The Operator deletes the Account within 30 days. The nickname then disappears from the rankings, drive recordings and collections, and the Pixels remain on the Walls as part of the shared picture, without any link to the Account.
The Billboard Right expires when the Account is deleted at the User's request, unless it has been resold beforehand. No refund is due for the unused part of the Term, without prejudice to statutory rights, in particular the right of withdrawal (§ 13) and complaints (§ 14). Coupons in the Wallet are no longer available in the Game.
The Operator may suspend or delete an Account in the event of a serious or persistent breach of these Terms, after first calling on the User to stop the breach. No such call is required where the breach concerns unlawful content or threatens the security of the Game or other Users.
For important reasons, in particular if the Game is discontinued, the Operator may terminate the contract for free services with 14 days' notice. If the termination does not result from a breach of these Terms by the User, the Operator refunds the part of the price for the unused Term in proportion to the remaining time.

§ 6. User Content and licence

Users may place in the Game only content to which they hold the rights and which does not infringe the law or the personal rights of third parties. By uploading a Creative, the User declares that they hold the copyright or a licence to it, the consent of any persons whose image it shows, and the right to use any trade marks visible in it.
In particular, the following content is prohibited:
1. content that is unlawful or encourages the commission of a crime;
2. content that incites hatred or violence, discriminates or harasses;
3. pornographic or sexual content;
4. content that attacks or ridicules specific people, including residents of places on a Route, or discloses their personal data;
5. misleading content, including impersonating other persons or institutions;
6. advertising whose dissemination is prohibited or restricted by law, in particular of tobacco products and electronic cigarettes, alcoholic beverages, gambling and prescription medicines;
7. political advertising within the meaning of Regulation (EU) 2024/900;
8. links to websites containing malware or phishing.
By providing User Content, the User grants the Operator a non-exclusive, royalty-free licence without territorial limits, in the following fields of exploitation:
1. recording and reproduction by digital technology, including storage in the memory of computers and servers;
2. making the content available to the public in the Game, on Billboard pages, in link previews and in postcards from a Route, in such a way that anyone can access it at a place and time of their choosing;
3. technical changes necessary for display, such as scaling, cropping to a 2:1 aspect ratio, compression and lighting in the scene.
The licence includes the right to grant sublicences to entities processing data on the Operator's behalf, to the extent necessary to provide the services.
The licence for a Creative lasts for the Term and the Priority Period and for a further 12 months of archiving needed to handle complaints and disputes. The licence for Pixels is granted for an indefinite period because Pixels form a shared picture with other people's Pixels. The User may terminate it subject to the notice period under Article 68 of the Polish Act on Copyright and Related Rights. After termination, the Operator will replace those Pixels with the background of the Wall.
A User who is a business, other than a sole trader with consumer rights, indemnifies the Operator against liability to third parties for infringement of their rights by Content provided by that User.
The Operator has no general obligation to monitor content (Article 8 DSA). Moderation follows § 7.

§ 7. Moderation, reports and appeals

Creatives and Campaign content are assessed before publication. The initial assessment is made automatically by a system based on an artificial intelligence model provided by Anthropic. In doubtful cases and on appeal, the decision is taken by a moderator of the Operator. A Creative goes to payment only after it has been approved.
Pixels appear on the Walls immediately. Parts of Walls are assessed after publication, automatically and by a moderator. A part found to breach these Terms reverts to the last approved version.
Anyone can report content they consider unlawful or contrary to these Terms using the “Report” button in the Game or by writing to support@powiatowka.com. A report should include the reasons, an indication of the content (the Billboard address or the place on the Wall), the name and email address of the person reporting, and a statement that the report is made in good faith. The Operator confirms receipt of the report and informs the reporter of the decision (Article 16 DSA).
The Operator may apply the following measures:
1. rejecting a Creative or Campaign content, or disabling access to content;
2. restoring a previous version of a part of a Wall;
3. a temporary painting ban for Accounts that placed Pixels in a rejected part;
4. a permanent painting ban after three confirmed breaches;
5. stopping a Campaign;
6. excluding an Account from the rankings;
7. suspending or deleting an Account (§ 5(7)).
When choosing a measure, the Operator takes into account the seriousness and number of breaches and whether they were intentional.
The Operator informs the User of a restrictive decision, giving a clear statement of reasons, information on the use of automated means and the possibility of appeal (Article 17 DSA).
An appeal may be lodged within 6 months of the decision, in the Game or by writing to support@powiatowka.com. It is handled by a moderator, not solely by an automated system, without undue delay and no later than within 14 days.
The User may also use a certified out-of-court dispute settlement body (Article 21 DSA) or go to court.
On an order from a competent authority or where there is a threat to security, the Operator may remove content immediately.

§ 8. Billboards

The subject of the contract is the paid provision of a Billboard for a Term for the purpose of displaying a Creative. This is a digital service. The Billboard Right is not a property right and is not a right to any real estate or real advertising medium.
A free Billboard located on a section of a Route that is open for sale may be bought. Such Billboards are marked in the Game.
An order proceeds as follows:
1. the User chooses a Billboard, a Term and, optionally, Automatic Renewal; the Billboard is reserved for 15 minutes;
2. the User uploads a Creative (cropped to a 2:1 aspect ratio) and, optionally, a landing page address;
3. the Creative goes through moderation; if it is passed to a moderator, the reservation lasts up to 24 hours;
4. after approval, the User has 15 minutes to start payment with the Payment Operator.
The contract is concluded when the Operator receives confirmation of payment from the Payment Operator. The Operator confirms the conclusion of the contract on a durable medium by sending an email with the content of the order and a link to these Terms.
The Term runs from the publication of the Creative, which takes place without delay after payment is confirmed. The end date of the Term is public and shown on the Billboard card.
During the Term, the Billboard Holder may replace the Creative free of charge, no more than once a day. Each new Creative goes through moderation.
After the end of the Term, the Priority Period follows. The Creative remains visible, but the Campaign issues no new Coupons and the Billboard cannot be bought or resold.
Renewal is possible from 14 days before the end of the Term until the end of the Priority Period, for 30, 90 or 365 days, at the price list price at the time of the order. The new Term runs from the previous end of the Term. Without Automatic Renewal, the Operator sends an email reminder of the end of the Term 14 days in advance and of the start of the Priority Period.
If the Priority Period ends without renewal, the Billboard Right expires. The Creative is archived, the Campaign is stopped, any Resale offer expires and the Billboard returns to sale. Coupons issued earlier remain valid under the terms of the Campaign.
The Billboard page publicly shows the history of transfers of the Billboard Right: dates, the nicknames of Billboard Holders and the purchase and Resale prices.
The Billboard Holder may run a Campaign at no extra charge. The Billboard Holder is its organiser and is responsible for its lawfulness, the accuracy of its information, the conditions and redemption of Coupons and information about prices. The Operator provides the tool, encrypts the codes and moderates Campaign content, but is not a party to contracts concluded with Coupon holders.
Driver numbers and other statistics are for information only. The Operator does not guarantee the number of Users, views or the effectiveness of advertising.
The Operator may close sales on a section of a Route. This does not affect existing Billboard Rights.

§ 9. Automatic Renewal

Automatic Renewal is voluntary. The User turns it on when buying or renewing a Billboard. It requires payment by a payment card, which the Payment Operator saves for later charges. The Operator does not store card details.
The card is charged once, 3 days before the end of the Term, for the next Term of the length chosen when the option was turned on, in the amount stated in the reminder under paragraph 3. If the price list price falls, the Operator charges the lower amount.
The Operator sends an email reminder with the date and amount of the charge at least 7 days in advance. If Automatic Renewal was turned on later, the reminder arrives without delay after it is turned on.
The User may turn off Automatic Renewal at any time, free of charge, in the “My purchases” panel. Turning it off before the charge date prevents the charge. While a card is saved, it can be turned on again.
If the bank refuses the charge, Automatic Renewal is turned off and the Operator informs the User by email. The Billboard Holder may then renew the Billboard Right themselves, until the end of the Priority Period.
Each renewal, including an automatic one, is a separate contract. § 13 applies to it.

§ 10. Billboard Resale

A Billboard Holder (the Seller) may offer the Billboard Right for sale to another User (the Buyer) at a price set by the Seller within the limits shown in the Game. The offer is valid for up to 30 days, but no longer than until the end of the Term. A Billboard whose Term ends within 24 hours, or a Billboard in the Priority Period, cannot be offered.
To make an offer, the Seller creates and verifies an account with the Stripe Connect service, accepting Stripe's terms. The Operator is not responsible for Stripe's decisions on verification or payout dates.
Resale means that the Seller, with the Operator's consent expressed in these Terms, transfers to the Buyer all rights under the contract concerning the Billboard for the remaining Term. The Buyer does not take over the Seller's Automatic Renewal or card.
The Buyer reserves the offer, uploads a Creative, which goes through moderation, and pays. The price, the commission and the recipient of the payment are fixed at the time of reservation. The Seller cannot withdraw a reserved offer.
The Operator charges the Seller a commission of 10% of the price, deducted from the amount due to the Seller. The Payment Operator's fees are borne by the Operator. Stripe pays the remaining amount into the Seller's account.
After payment, the Billboard Right passes to the Buyer. The Seller's Campaign stops issuing Coupons (Coupons already issued remain valid), the Seller's Creative is archived and the Billboard history receives a public entry with the price.
The Seller declares in the Game whether they are acting as a business. If the Seller is not a business, consumer protection law does not apply to the Seller's contract with the Buyer. The Operator is responsible to the Buyer for the operation of the Billboard in the Game.
As a platform operator, the Operator may collect from Sellers the data required by the Polish Act of 9 March 2017 on the exchange of tax information with other countries and pass it to the Head of the National Revenue Administration. If this data is not provided, further Resale is not possible.
The Seller is responsible for settling any tax on income from Resale.

§ 11. Paint and Paint Packs

Every signed-in User with a completed profile has 30 Pixels of Paint free of charge. One Pixel refills every 30 seconds.
Paint Packs permanently increase the capacity of Paint and its refill rate, as described in the Game. They are not a subscription. The same Paint Pack, or a weaker one, cannot be bought again.
A Paint Pack is linked to the Account. It cannot be transferred to another Account or exchanged for money. It does not lift a painting ban imposed under § 7.
A Paint Pack is digital content supplied without delay after payment is confirmed. The right to withdraw from this contract is governed by § 13(3).
The Operator may temporarily suspend painting for technical or security reasons. Purchased Paint Packs remain linked to the Account.

§ 12. Payments and prices

Prices in the Game are given in Polish zloty (PLN) as gross prices. The price is shown before the order is placed. The price at the time of reservation applies.
Payments are handled by the Payment Operator. The available methods are payment card, BLIK and Przelewy24. Resale and Automatic Renewal require a payment card. The Operator does not process full card details.
An order not paid on time expires and the Billboard reservation is released.
The Operator issues a sales document in accordance with tax law and, on request, an invoice with the buyer's tax identification number (NIP).
The Operator makes refunds using the same payment method that the User used, unless the User expressly agrees to another method that involves no costs.

§ 13. Right of withdrawal

A Consumer and a sole trader with consumer rights may withdraw from a distance contract within 14 days of its conclusion without giving any reason and without incurring any costs, except for the costs under paragraph 2.
Billboard: at the express request of the Consumer, made before payment, the Operator publishes the Creative before the withdrawal period expires. A Consumer who withdraws from the contract after making such a request pays for the time the Billboard was used until the withdrawal, in proportion to the whole Term (Article 35 of the Polish Consumer Rights Act).
Paint Pack: there is no right of withdrawal if the Operator began supplying the Pack with the express prior consent of the Consumer, who was informed that they would lose the right of withdrawal once the service was performed, acknowledged this and received confirmation of the contract (Article 38(1)(13) of the Polish Consumer Rights Act).
To withdraw from the contract, it is enough to send a statement to support@powiatowka.com or to the Operator's address. The model form in the annex may be used but is not required. To meet the deadline, it is enough to send the statement before it expires.
The Operator refunds the payment, reduced by the amount under paragraph 2, without undue delay and no later than 14 days after receiving the statement.
After withdrawal, the Creative is removed from the Billboard and the Billboard Right expires.
Paragraphs 1–6 apply accordingly to every renewal and to the purchase of a Billboard Right through Resale as regards the contract with the Operator.

§ 14. Complaints and conformity of services with the contract

Towards Consumers and sole traders with consumer rights, the Operator is liable for the conformity of digital content and digital services with the contract under Chapter 5b of the Polish Consumer Rights Act of 30 May 2014.
If a service does not conform with the contract, the Consumer may demand that it be brought into conformity. Where this is impossible, would involve excessive costs or the Operator fails to bring the service into conformity within a reasonable time, the Consumer may demand a price reduction or, if the lack of conformity is material, withdraw from the contract.
A complaint can be sent to support@powiatowka.com or to the Operator's address. It helps to give the nickname or email address of the Account, a description of the problem and what you are asking for.
The Operator replies to a complaint within 14 days of receiving it, on a durable medium.
Towards Users who are businesses, other than sole traders with consumer rights, the Operator's liability is limited to the price paid and does not cover lost profits. This limitation does not apply to damage caused intentionally.

§ 15. Liability, availability and changes to the Game

The Operator takes care that the Game runs without interruption, but technical breaks and failures may occur. Where possible, the Operator announces planned breaks in advance.
If, for reasons attributable to the Operator, a Billboard is not displayed for more than 24 hours, the Term is extended by the duration of the interruption.
The Operator may change the Game for valid reasons, such as developing features, adding new Routes, security, changes in the law or changes in suppliers' terms. A change must not impose costs on the Consumer. The Operator informs about it clearly and comprehensibly.
If a change materially and negatively affects access to a paid service or its use, the Consumer may terminate the contract within 30 days of the change or of receiving information about it, if that is later. The Operator then refunds the part of the price for the unused Term.
Routes are a simplified representation of roads. They do not reflect the actual condition of roads, road signs or traffic arrangements.
The Operator is not responsible for the content of the landing pages of Creatives or for the redemption of Coupons by Billboard Holders.

§ 16. Out-of-court dispute resolution and final provisions

A Consumer may use out-of-court means of handling complaints and pursuing claims, in particular the help of a municipal or county consumer ombudsman, mediation by the provincial inspector of the Trade Inspection or a permanent consumer arbitration court. Information is available at prawakonsumenta.uokik.gov.pl. The Operator's participation in such proceedings is voluntary.
The Operator may change these Terms for important reasons: changes in the law, a decision or order of an authority, a change in the features or scope of the services, a change of Payment Operator, security reasons or the prevention of abuse.
The Operator announces a change in the Game and by email at least 14 days before it takes effect. A User who does not agree may terminate the contract for free services before that date. Paid Terms and Paint Packs are performed on the existing terms.
Contracts are governed by Polish law. This choice of law does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
Disputes with Users who are businesses, other than sole traders with consumer rights, are settled by the court having jurisdiction over the Operator's registered address.
The rules for processing personal data are set out in the Privacy policy.
These Terms are available in Polish and in English. Both language versions are equally binding.
These Terms apply from the day they are published in the Game.

Annex. Model withdrawal form

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

To: ArchXS Dariusz Tyszka, al. Komisji Edukacji Narodowej 52/77, 02-785 Warszawa, support@powiatowka.com

I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract for the provision of the following service(*) / for the supply of the following digital content(*): ..............................

Billboard or pack (address or name in the Game): ..............................

Date the contract was concluded: ..............................

Account nickname or email: ..............................

Name of consumer(s): ..............................

Address of consumer(s): ..............................

Signature of consumer(s) (only if this form is sent on paper): ..............................

Date: ..............................

(*) Delete as appropriate.

Powiatówka Terms of Service