Terms and Conditions

§1. DEFINITIONS

1. "Service Provider" or Media Dock – Recin LTD with its registered office in 7 Bell Yard, London, WC2A 2JR, UK.

2. "Media Dock Service" (hereinafter also referred to as the Service) - a service performed by the Service Provider for the Client, consisting of making the functionalities of the Media Dock System available electronically, and ensuring the efficient operation of the Media Dock System. The detailed scope of services is specified on the Service Website.

3. "Media Dock System" (hereinafter also referred to as the "System") – an IT system, comprising a set of modular, integrated services, accessible via the Internet and a web browser.

4. "Media Dock Application" (hereinafter also referred to as the "Application") - software enabling the use of the Service and the System.

5. "Client" - a Broadcaster or Freelancer, as defined below, who commissions the Service Provider to provide the Service by completing the electronic registration form available in the Application or after concluding an agreement in the form of a separate document, and who possesses the legal capacity to incur obligations and acquire rights in their own name.

6. "Broadcaster" - a Client who is an entrepreneur conducting business activity in the broadcasting or rebroadcasting industry, who, after contact with the Service Provider and individual determination of cooperation conditions, scope of access, and pricing terms, has gained access to the Broadcaster Account.

7. "Freelancer" – a Client who is a natural person conducting business activity in their own name or a natural person performing professional (gainful) activity in the broadcasting or rebroadcasting industry, who seeks Assignments or promotes their services within the System. The Freelancer declares that they use the System solely for purposes directly related to their professional or business activity and are not acting as a consumer.

8. "Broadcaster Account" – a type of Client Account in the System, activated for the Broadcaster after individual determination of cooperation conditions with the Service Provider, enabling, in particular, the publishing of demand for Freelancer services, searching and browsing Freelancer Profiles, project management, and using other functionalities of the System intended for Broadcasters. In the case of a Broadcaster Account, the Agreement is concluded at the moment of: a) signing a separate agreement/order document, or b) when the Service Provider sends access data (Account activation) after prior establishment of cooperation terms via email. The Broadcaster's first login to the System is equivalent to the final acceptance of these Terms and Conditions.

9. "Freelancer Profile" – a public card of the Freelancer available within the System, including in particular the name and surname (or company name), description of experience, portfolio, contact details, and other information provided by the Freelancer, as well as Broadcaster Ratings.

10. “Broadcaster Profile” – a public card of the Broadcaster available within the System, including in particular the Freelancer's contact details, description of previous projects, and other information provided by the Freelancer.

11. "Agreement" - an agreement concluded between the Service Provider and the Client regarding the provision of services within the System on the terms and conditions described in these Terms and Conditions.

12. "Client Account" – an individual, electronic account within the System, activated for the Client to enable their use of the Services. The Client Account may take the form of a Broadcaster Account or a Freelancer Account.

13. "User" - a natural person whom the Client has authorized to use their Client Account. The User may, but does not have to, be an employee of the Client. The User is identified based on an email address and password. The User has access to a given Client's Instance if that User's account is assigned to that Client's Account. In the case of a Freelancer Account, the User is, as a rule, the Freelancer themselves.

14. "Client Instance" or "Instance" – the Service made available and configured for a specific Client, created simultaneously with the creation of the Client Account. Each Client has access to their own, individual Instance. All data entered by Users are visible and available exclusively within that specific Instance where they were entered, subject to functionalities that provide for the public disclosure of certain information (in particular the Freelancer Profile).

15. "User Account" – an individual, electronic account within the System, activated for the User to enable their use of the Services, representing a single User in the System. The User has access to the Services of a given Client if that User's Account is assigned to that Client's Account.

16. "Administrator" - a User selected by the Client, possessing elevated permissions within a given Client Account, including permissions enabling the change of Client data in the Application and inviting (assigning) Users to use the Client Instance. When setting up a new Client Account, a User Account must be created or assigned, who becomes the Client's Administrator. The Administrator may subsequently grant or transfer administrative rights to other Users. At least one Administrator must be assigned to each Client Account at all times.

17. "Tariff Plan" - The Client can choose one of the available plans. The individual plans may differ in the System's functionality offered, quantitative limits, and fees. The terms of the individual plans, along with their price list, are available on the Service Website. Tariff plans in the Application are also referred to as "Version".

18. "Service Website" - the website available at https://mediadock.tv along with subpages, where all information regarding the Service is placed.

19. "Software" - a computer program within the meaning of the Act of February 4, 1994, on Copyright and Related Rights.

20. "Third-Party Services" – services or Software provided by entities other than the Service Provider, which may be acquired by Clients with the support of the Service Provider or through the Service Provider on the terms specified in section 4 of the Terms and Conditions.

21. "Assignment" – an inquiry, announcement, or other form of communication published in the System by a Broadcaster, concerning the possibility of establishing cooperation with a Freelancer.

22. "Rating" – the assignment of a specific number of stars to a Freelancer by a Broadcaster on the scale attached in the System, concerning the quality of cooperation with that Freelancer.

23. "Comment" - a descriptive opinion published by a Broadcaster in the System in connection with cooperation with a given Freelancer, visible only to the Freelancer it concerns.

§2. GENERAL PROVISIONS

1. The provisions contained in these Terms and Conditions define the scope and terms of the Service provided by the Service Provider.

2. Copyrights and proprietary rights regarding the System and the Application belong exclusively to the Service Provider, with the exception of those elements that constitute so-called open source software. Such software has been attached to the System and is distributed in accordance with the terms of the license governing its exploitation. All source codes of the Application are the property of the Service Provider. It is forbidden to copy and use them in other applications without the written consent of the Service Provider.

3. The Client is obliged to comply with the terms and conditions for using the Application and the System specified in the Terms and Conditions, including the rules of the license for the use of open source software contained in the System. The User acknowledges that failure to comply with this obligation may result in the infringement of the exclusive proprietary copyrights to the System and may lead to the Client being held legally liable for this reason.

4. The System is offered in various Tariff Plans (Versions). The description of the plans and the price list of the Service, available on the Service Website, contain definitions regarding fees within individual plans and quantitative and functional limits associated with each plan.

5. Changes to the terms of Tariff Plans or the price list do not constitute an amendment to the Terms and Conditions.

6. The Service Provider reserves the right to modify the Terms and Conditions.

7. The Service Provider reserves the right to add, delete, and modify Tariff Plans and the price list.

8. The Media Dock Service is intended exclusively for Clients operating within a business or professional activity. Both the Broadcaster and the Freelancer declare that they are concluding the Agreement directly in connection with their conducted business or professional activity and are not acting as consumers.

9. Registration by consumers within the meaning of the Consumer Rights Act is prohibited and ineffective.

10. The Service Provider is entitled to refuse to provide the Service if it finds that the registering person does not have the status of an entrepreneur or is acting as a consumer.

§3. SERVICE PROVIDER'S STATUS AND APPLICATION OF THE DSA

1. The Service Provider provides Services electronically within the meaning of Polish law and is an intermediary service provider (in particular, a hosting service and an online platform) within the meaning of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act, "DSA").

2. To the extent that Clients and Users post content, information, or data in the system (in particular, the content of the Freelancer Profile, Assignments, Ratings, and Comments), the Service Provider only provides the technical infrastructure enabling their storage and making them available upon request of the Client or User. The Service Provider does not initiate the transmission of this content, does not select the recipient of the transmission, and does not modify the content of the transmission.

3. The Service Provider is not a party to agreements or legal relationships established between Broadcasters and Freelancers, in particular, it does not provide recruitment services and is not a platform enabling consumers to conclude distance contracts within the meaning of the DSA.

4. The provisions of the DSA and absolutely binding provisions of Polish law, in particular provisions concerning the provision of services by electronic means, to the extent that they have not been repealed or replaced by DSA regulations, shall apply to the Service Provider's liability for content stored at the request of Clients or Users.

§4. TYPES OF ACCOUNTS AND REGISTRATION RULES

1. Within the System, there are two basic types of Client Accounts: (1) Broadcaster Account, intended for Broadcasters; (2) Freelancer Account, intended for Freelancers.

2. The creation of a Freelancer Account is done by completing the electronic registration form available in the Application, accepting these Terms and Conditions, and selecting a Tariff Plan in accordance with the current price list. The conclusion of the Agreement takes place at the moment the Freelancer Account is created by the System.

3. The creation of a Broadcaster Account requires prior contact with the Service Provider and individual determination of cooperation conditions, in particular the scope of access to the System's functionalities and pricing terms. Based on this, the Service Provider creates the Broadcaster Account and makes the appropriate Tariff Plan available to the Broadcaster.

4. The Service Provider may condition the activation of the Client Account on the first payment being made in accordance with the selected Tariff Plan or on the fulfillment of other conditions indicated on the Service Website.

§5. SUBJECT MATTER OF THE AGREEMENT

1. The subject matter of the Agreement is the provision of services by the Service Provider to the Client related to the use of the System. The detailed scope of services is available on the Service Website.

2. Use of the Service requires the conclusion of an Agreement between the Service Provider and the Client, which results in obtaining a temporary license to use the Application.

3. The Agreement is concluded by completing the electronic registration form available in the Application and thus creating the Client Account by the Client, as well as by accepting the presented Terms and Conditions.

4. By creating the Client Account, the Client declares that they have read these Terms and Conditions and fully accept its terms.

5. By providing their identification data in the registration form, the Client confirms their authenticity and compliance with the facts.

§6. RELATIONSHIPS BETWEEN BROADCASTERS AND FREELANCERS

1. The System enables Broadcasters to: (1) search and browse Freelancer Profiles meeting specific criteria; (2) publish Assignments; (3) establish direct contact with Freelancers, (3) create and manage a Broadcaster Profile.

2. The System enables Freelancers to (1) create and manage a Freelancer Profile, (2) present a portfolio and information about their experience and qualifications, (3) browse Assignments received from Broadcasters; (4) contact Broadcasters in connection with Assignments, (5) browse Broadcaster Profiles.

3. The Service Provider does not mediate in concluding agreements between Broadcasters and Freelancers, in particular: (a) it is not a party to the agreements concluded between Broadcasters and Freelancers; (b) it does not accept, transfer, or settle remuneration due for the cooperation; (c) it is not an employment agency or a job brokerage agency within the meaning of legal provisions; (d) it does not make any declarations of intent or knowledge on behalf of any of the parties.

4. The Broadcaster and the Freelancer bear sole responsibility for (a) the lawfulness of the content posted in their profiles, Assignments, and correspondence conducted through the System; (b) the correctness and completeness of the data used to establish cooperation; (c) the conclusion, execution, and settlement of agreements binding the Broadcaster and the Freelancer.

5. The Service Provider does not automatically or continuously verify the identity, qualifications, experience, or legal status of Freelancers or Broadcasters. Clients should independently verify the contractor to the extent necessary to commence cooperation.

6. The Service Provider is not liable for (a) the content of offers and declarations made by Broadcasters and Freelancers; (b) the non-performance or improper performance of agreements concluded between Broadcasters and Freelancers; (c) any damages resulting from the fact of establishing or not establishing cooperation between a Broadcaster and a Freelancer, including lost profits.

§7. ACQUISITION OF OTHER ENTITIES' SERVICES; SUBCONTRACTORS

1. The Service Provider's activity may involve intermediating in the Client's purchase of Third-Party Services. The Client uses Third-Party Services in accordance with the rules determined by the third parties. The Client's acceptance of these rules results in the conclusion of an agreement between the third party and the Client for the use of Third-Party Services.

2. The terms of Media Dock's intermediation in the purchase of individual types of Third-Party Services are specified on the Service Website or in separate terms and conditions, if they have been or will be issued by the Service Provider.

3. The Media Dock Service consists, inter alia, in making tools, functionalities, and process automation available to support the preparation, organization, management, and distribution of the Client's materials. Technical hosting, storage, transcoding, and streaming of the Client's audio-video materials may be carried out using Third-Party Services made available as integrations in the System.

4. The Client concludes and maintains the agreement with the provider of these Third-Party Services in their own name and on their own account. Media Dock is not responsible for the availability, technical parameters, data durability, or compliance of these services with the law.

5. Media Dock does not moderate the Client's audio-video content and does not assess the legality of the Client's materials. The Client bears sole responsibility for the materials and data entered into the System and transmitted further through integrations.

6. The Client declares that they are aware that the Media Dock Service is B2B tooling in nature and is intended for use in the Client's business or professional activity. To the extent that information is stored and made available in the System at the request of the Client or User, the Service Provider acts as an intermediary service provider within the meaning of the DSA, and the Client remains responsible for the lawfulness of the posted content.

7. If the Client uses integrations enabling the publication of materials in Third-Party Services that meet the definition of content hosting services, the obligations arising from relevant regulations regarding these materials are performed directly by the Client as the publishing entity, in accordance with the rules applicable to the given hosting provider.

8. Unless prohibited by law, the Service Provider may provide Services with the assistance of its own personnel or with the assistance of third parties (subcontractors).

9. The Service Provider provides some services (including data storage and restreaming) using professional subcontractors providing cloud computing services (e.g., AWS).

10. The costs of using the infrastructure are indicated in the price list available on the Service Website.

11. The Client acknowledges that technical parameters, availability, and data security are partly dependent on cloud infrastructure providers. The Service Provider is not liable for failures, data loss, or delays resulting from reasons attributable to cloud infrastructure providers, provided that the Service Provider exercised due diligence in the selection and supervision of these subcontractors and is not guilty of willful misconduct or gross negligence. Detailed availability terms of the cloud infrastructure provider are available at: https://aws.amazon.com/legal/service-level-agreements

§8. CLIENT'S RIGHTS AND OBLIGATIONS

1. The Client has the right to use the System within the selected Tariff Plan, subject to the conditions of these Terms and Conditions.

2. The Client has the right to choose the Tariff Plan that best suits their needs.

3. The Client has the right to be informed, to the extent possible by the Service Provider, about any planned longer downtimes of the System related to maintenance work and to be informed about new services and functionalities introduced to the System.

4. The Client has the right to provide the Service Provider with opinions about the System, report demand for new functionalities, submit suggestions, and report noticed errors, via electronic mail or the contact form available on the Service Website, or using the built-in mechanism for submitting suggestions in the System.

5. The Client agrees to all updates and improvements to the System introduced by the Service Provider.

6. A necessary condition for the Client to use the Service is to have a functioning internet connection to access the Service.

7. A list of web browsers on which the Application should operate correctly is available on the Service Provider's website. The Service Provider states that the Application may also operate correctly in other browsers, but the Service Provider cannot guarantee this. Therefore, the User may use other browsers, but in such a case, the Service Provider does not guarantee the correct operation of the System and the Application, and bears no responsibility for any damages resulting from this reason.

8. System Users are obliged not to disclose their password to third parties.

9. It is forbidden to place materials prohibited by law in the System's resources, and to undertake any actions contrary to the law, including attempting to block or impair the operation of the System, attempting to steal data of other Users and Clients, placing viruses, scripts used to steal identity, and undertaking other similar actions. If the Service Provider finds attempts by the User to undertake such actions, the Service Provider reserves the right to block the User's account and/or the Client Account, remove illegally placed materials, and inform law enforcement authorities about these actions.

10. By inviting (assigning) Users to their Account, the Client states that they have confidence in these Users and are responsible for the actions of Users assigned to the Client Account within the use of that Client's Instance. If illegal activity undertaken by Users assigned to the Client is found within the Client's Instance, the Client may incur criminal or civil liability for this reason.

11. Unless the terms of the Tariff Plans and the price list state otherwise, the Client has the right to free assistance via electronic mail in accordance with the contact details provided on the Service Website.

12. The Client is obliged to designate at least one of the Users assigned to the Client Account as the Administrator of the Client's data.

13. The Client who uses the functionality of searching for Freelancers and publishing Assignments is obliged to use the System in a manner consistent with its purpose, in particular to publish Assignments corresponding to the real demand for services and to refrain from actions aimed at artificially inflating or deflating Freelancer Ratings.

§9. SERVICE PROVIDER'S RIGHTS AND OBLIGATIONS

1. The Service Provider undertakes, taking into account the professional nature of its activity, to provide services with the special diligence required for services of this type.

2. During the term of the Agreement, the Service Provider undertakes to make the System's functionalities available electronically, ensure the efficient operation of the System, and store, process, and secure the data entered by the Client into the System - in an uninterrupted, undisturbed manner, consistent with the provisions of Polish law and European Union law.

3. The Service Provider undertakes to apply technical measures aimed at ensuring the durability of the data entered by Clients into the System, inter alia, by performing backup copies and storing them in a secure place. In the event of a system failure, the Service Provider reserves the right to restore the system to the state from the last performed security copy.

4. The Service Provider is not responsible for the content posted by Broadcasters and Freelancers in their profiles, Assignments, Ratings, and Comments, subject to obligations resulting directly from absolutely binding legal provisions.

5. The Service Provider is not liable for damages consisting of data loss, costs related to their restoration, or the inability to use the data or the System if these damages resulted from the Client's action or omission inconsistent with the provisions of this agreement.

6. The Service Provider is not liable for the consequences of improper use of the System.

7. The Service Provider is not responsible for the content of data entered into the System by Users.

8. The Service Provider reserves the right to adjust the amount of data transmitted to ensure the stable operation of the System.

§10. RULES FOR USING THE SYSTEM AND CONTENT MODERATION

1. The Client and Users are obliged to use the System in accordance with the law, good customs, and these Terms and Conditions, in particular to (a) refrain from posting unlawful content; (b) refrain from actions that may disrupt the operation of the System; (c) refrain from posting personal data of third parties in the System without an appropriate legal basis.

2. The Service Provider may – in accordance with the DSA and the Terms and Conditions - take content moderation measures, in particular: remove or block access to unlawful content or content clearly violating the Terms and Conditions; restrict visible content; apply temporary or permanent measures towards the Client or User (warning, suspension, termination of the Agreement).

3. The application of a specific moderation measure depends on the type and severity of the violation, the previous behavior of the Client or User, and the requirements resulting from orders or prohibitions of competent authorities.

4. The Service Provider is not obliged to check all content posted by Clients or Users or to actively search for facts or circumstances indicating unlawful activity. The above does not exclude the obligation to take action in cases specified in absolutely binding legal provisions or the Service Provider's right to conduct content moderation in accordance with these Terms and Conditions.

§11. REPORTING ILLEGAL AND REGULATION-VIOLATING CONTENT

1. Any person (including the Client, User, Freelancer, Broadcaster, or a third party) may notify the Service Provider that specific content posted in the System (in particular the Freelancer Profile, Assignment, Rating, or other content) is unlawful or violates these Terms and Conditions.

2. The report should, to the extent possible, contain: (a) precise identification of the content; (b) a description of the alleged unlawfulness or violation; (c) the contact details of the reporting person; (d) a declaration by the reporting person as to the veracity of the information provided.

3. Reports can be made using the functionalities made available in the System.

4. The Service Provider examines the report within a reasonable time and, after evaluation, may: (a) leave the content unchanged; (b) restrict access to the content, (c) remove the content from the System; (d) apply measures towards the Client or User in accordance with the Terms and Conditions.

5. To the extent possible and taking into account obligations resulting from legal provisions, the Service Provider provides the reporting person and the Client/User whose content the report concerns with information about the result of the examination of the report and the measures applied.

6. The Service Provider may transfer information about unlawful content or suspicion of committing a crime to the competent authorities, particularly in cases where required by law or necessary to protect the legitimate interests of the Service Provider, Clients, Users, or third parties.

§12. SERVICE AVAILABILITY AND MAINTENANCE WORK

1. The Service Provider undertakes to provide the Service with professional due diligence and strive to ensure the continuous availability of the System. This does not constitute a guarantee of a specific uptime (SLA).

2. The Service Provider may carry out planned maintenance work, updates, and modernization of the System. To the extent possible, information about planned maintenance work will be provided to the Client in advance.

3. The Service Provider is not liable for disruptions in the operation of the Service resulting from external causes beyond the Service Provider's control, in particular: disruptions on the side of Third-Party Services, internet connections, Client infrastructure, or incorrect configuration on the Client's side.

4. Minor errors that do not cause data loss or prevent the use of the Service do not constitute grounds for a complaint.

§13. DATA RETENTION, EXPORT, AND DELETION UPON TERMINATION OF SERVICE

1. The Client may, during the term of the Agreement, export the data collected in the System in a commonly used, machine-readable format.

2. After the termination of the Agreement or the permanent expiry of access to the Service, the Client's data will be stored for a period of 30 days to enable their export, and after this period, they will be permanently deleted.

3. The Service Provider is entitled to store logs and technical information necessary for evidentiary and security purposes for a period consistent with legal provisions and the legitimate interests of the parties.

§14. PAYMENTS

1. The creation of a Client Account and the use of the Service are generally subject to a fee. Detailed payment terms are determined by the current price list available on the Service Website and the Tariff Plan selected by the Client.

2. The Service Provider may temporarily offer free trial periods or promotional plans, on terms indicated each time on the Service Website. Subject to such promotional periods, the use of the Freelancer Account and the Broadcaster Account requires the selection of a Tariff Plan and the payment of fees in accordance with the price list.

3. Settlements of transactions by payment card, e-transfer, and Blik are carried out via an external payment operator – the Stripe service. The payment operator is Stripe Payments Europe, Ltd. with its registered office at: 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Payment Operator”).

4. The Service Provider does not collect or process full payment card data of Clients. This data is entered directly on the secure pages of the Payment Operator or using encrypted forms made available by the Operator. The Service Provider only receives information about the payment status (payment successful/rejected) and a unique transaction identifier.

5. By choosing a payment method supported by Stripe, the Client accepts the rules for transaction execution determined by the Payment Operator. The detailed terms and conditions for making payments are available on the Operator's website: https://stripe.com/en-pl/legal/end-users

6. Fees for the Service are independent of the number of Users who may be assigned to the Client Account.

7. Fees for using the Service are charged in monthly billing periods. The basis for payment is each time a VAT invoice issued by the Service Provider in accordance with the selected Tariff Plan.

8. VAT invoices are sent to the Client in electronic form to the email address associated with the Client Account or in another agreed manner. The Client agrees to receive invoices exclusively in electronic form.

9. The Service Provider informs the Client via electronic mail about the approaching end of the paid period 7, 3, and 1 day before its end - by sending a reminder in the form of an email message and a message in the System. This information is sent to the email address of the company's Administrator (when there is more than one Administrator, the information is sent to the address of each Administrator).

10. Payment can be made: (a) using payment methods available on the Service Website (in particular electronic payments carried out by payment operators); (b) by traditional bank transfer to the account indicated on the invoice.

11. The Service Provider does not use automatic payment renewal (“subscription”) consisting of automatically withdrawing funds from the Client's payment card or other payment instruments without their active acceptance each time. Each payment requires separate acceptance by the Client or is executed based on an invoice paid by the Client.

12. The payment deadline results from the content of the VAT invoice and, as a rule, is not shorter than 7 days from the date of its issue, unless the Parties have agreed otherwise.

13. In the event of a delay in payment exceeding 1 day, the Service Provider may limit the functionality of the Service. In the event of a delay exceeding 60 days, the Service Provider may terminate the Agreement with immediate effect. The Client's data is subject to the retention rules indicated in the paragraph concerning data retention.

14. The conclusion of agreements and settlements between the Broadcaster and the Freelancer do not take place through the Service Provider. The Service Provider does not charge a commission on remuneration due for cooperation between Broadcasters and Freelancers, unless a separate agreement provides otherwise.

§15. COMPLAINTS

1. The User may submit complaints regarding the operation of the System electronically to the address provided on the Service Website.

2. The complaint must be submitted within 14 days from the occurrence of the event that is the subject of the complaint.

3. The complaint must contain a detailed description of the problem that occurred. It is advisable to attach graphical screenshots illustrating the problem, where applicable.

4. In the case of a justified and accepted complaint, the Service Provider will contact the Client to agree on the method of redress.

5. The value of compensation should not exceed the total value of service fees for the month in which the problem subject to the complaint occurred. In any case, the value of compensation cannot exceed the total value of service fees for the last 6 months preceding the month in which the problem subject to the complaint occurred.

6. Minor errors in the operation of the Application that do not cause the loss or damage of data stored in the System within the Client's Instance cannot be the subject of a complaint.

7. For matters not regulated, the provisions of the Civil Code shall apply.

8. Complaints are considered within 14 days from the date of receipt of the complaint.

§16. PERSONAL DATA PROCESSING

1. As part of providing the Media Dock Service, the Service Provider processes the personal data of the Client and Users in accordance with the principles set out in Regulation 2016/679 (GDPR) and the provisions of Polish law.

2. The Client is the personal data controller processing data within their Instance. The Service Provider acts as a data processor within the meaning of Article 28 of the GDPR.

3. The rules for data processing, scope, categories of data, security measures, and conditions for using processing subcontractors are determined by a separate Data Processing Agreement (DPA). The conclusion of the Agreement concerning the Media Dock Service means the conclusion of the DPA, which is an appendix to the Privacy Policy available on the Service Website.

4. The Client is obliged to ensure the legal basis for processing personal data entered into the System and to fulfill information obligations towards the data subjects.

5. The Client has the right to obtain information about the processing subcontractors used by the Service Provider.

6. The Privacy Policy constitutes a separate document supplementing these Terms and Conditions and contains information required by the provisions of the GDPR.

§17. COOPERATION WITH AUTHORITIES AND DATA REGARDING VIOLATIONS

1. The Service Provider cooperates with the competent national and EU authorities in fulfilling the obligations resulting from the DSA and other absolutely binding legal provisions, in particular by executing orders regarding the removal of content, disclosure of information, or taking other actions provided for by these provisions.

2. The Service Provider may store information concerning content deemed unlawful or violating the Terms and Conditions and the moderation measures applied, as well as data identifying the Client or User who published the given content, to the extent and for the period necessary to: (a) document the basis for applying the moderation measure; (b) protect against claims; (c) fulfill obligations resulting from the DSA and other legal provisions.

3. The processing of personal data in connection with the actions described in this paragraph takes place in accordance with the provisions on personal data protection, including the GDPR, and in accordance with the Privacy Policy applied by the Service Provider.

§18. SERVICE PROVIDER'S LIABILITY

1. The Service Provider is liable to the Client for the improper performance or non-performance of the Agreement on general principles resulting from legal provisions, taking into account the provisions of these Terms and Conditions. The Service Provider's liability is limited to the broadest extent permissible by absolutely binding legal provisions.

2. The Service Provider is not liable for: (a) content posted in the System by Clients or Users, in particular the content of Freelancer Profiles, Assignments, Ratings, and Comments; (b) the consequences of actions taken by Clients or Users based on the content available in the System; (c) the non-performance or improper performance of agreements concluded between Broadcasters and Freelancers; (d) damages caused by use of the System inconsistent with the Terms and Conditions or its purpose; (e) data loss or damages arising as a result of force majeure or other circumstances for which the Service Provider is not liable under absolutely binding legal provisions.

3. In the scope of storing and making content available at the request of the Client or User, the Service Provider is not liable for this content, provided that: (a) it did not have actual knowledge of the unlawful nature of the given content or associated activity, and (b) upon obtaining such knowledge, it immediately took appropriate action aimed at making access to this content impossible.

4. No provision of these Terms and Conditions excludes or limits the Service Provider's liability to the extent that such exclusion or limitation of liability is inadmissible under absolutely binding legal provisions, in particular the provisions of the DSA and provisions on liability for intentionally caused damages.

§19. FINAL PROVISIONS

1. The law applicable to obligations arising from these Terms and Conditions is Polish law.

2. For matters not regulated by these Terms and Conditions, absolutely binding provisions of European Union law and Polish law shall apply, in particular the provisions of the DSA, provisions concerning the provision of services by electronic means, personal data protection, and protection of personal interests.