XR Academy Terms of service

GENERAL PROVISIONS

1. This regulation (hereinafter referred to as "Regulamin") defines the rules for providing Digital Services and delivering Digital Content via the Internet intended for mobile phones, tablets, and computers, offered by Sam Media BV 356 1013CN AmsterdamVan Diemenstraat 356, 1013CN Amsterdam. Contact is possible electronically at the email address: pl-xracademy@cchelp.co or reklamacje@teleaudio.pl and at the phone number: 22 244 40 22

2. Everyone is obliged to familiarize themselves with the Regulamin before using the Service. Use of the Service is possible provided that the Regulamin is accepted.

3. The Services (defined below) can be used by Users of the following operators: Orange Polska S.A. (ORANGE), T-Mobile Polska S.A. (T-MOBILE), P4 Sp. z o.o. (PLAY), and Polkomtel Sp. z o.o. (PLUS) ("Operators" or "Operator" depending on the context).

4. Users are obliged to use the Service and the Website within the limits of the law in force in Poland and in accordance with the provisions of this Regulamin.

5. SAM MEDIA BV provides the Regulamin free of charge in a way that allows obtaining, reproducing, and recording the content of the Regulamin using the teleinformation system used by SAM MEDIA BV, i.e., on the website https://pl.xr-academy.com/. The Regulamin is also available at the headquarters of SAM MEDIA BV.

DEFINITIONS

1. User – an adult natural person using the Service based on this Regulamin, while persons with limited legal capacity may use the Services provided that consent is given by a legal representative, and persons without legal capacity, provided that a legal representative acts on their behalf.

2. Digital Content – data produced and delivered in digital form indicated on the Website. The database of Digital Content offered by SAM MEDIA BV is periodically updated on the Website by SAM MEDIA BV. The quantities and types of Digital Content available on the Website are variable over time.

3. Digital Service – a service allowing: a) production, processing, storage, or access to data indicated on the Website in digital form; b) joint use of data indicated on the Website in digital form, which has been sent or produced by the User or other users of this service; c) other forms of interaction, indicated on the Website, using data in digital form.

4. Service (Services) – paid delivery of Digital Content or provision of Digital Services by SAM MEDIA BV via the Website, at the individual request of the User.

5. Fee – the monetary amount specified at the time of placing the Order, which the User is obliged to pay for the Service. The Fee may be one-time or cyclical depending on the offer.

6. Website – a multimedia platform on the Internet, within which it is possible to use the Service, available at https://pl.xr-academy.com/.

7. Agreement – an agreement for the provision of the Service, concluded between the User and SAM MEDIA BV through acceptance of the Regulamin and the service description on the Website.

8. SMS / SMS message (Short Message Service) – a short text message consisting of no more than 160 characters (letters, numbers, special characters), which can be sent to any mobile phone, containing content entered by the sender.

9. Access Service – a service provided by the Operator based on the appropriate regulations of the given Operator, enabling the Operator's subscribers (Users) to order paid access to the Service and make payment for the order by adding the due fee to the invoice for the purchase of telecommunications services of the given Operator (in the case of a postpaid subscriber) or by deducting the due amount from the funds accumulated on the subscriber's account (in the case of a prepaid subscriber).

RULES OF USING THE SERVICES

1. A detailed description of the Services offered by SAM MEDIA BV, along with their prices, is available on the Website.

2. Due to the fact that the database of Services on the Website is periodically updated, their availability and descriptions are variable over time.

3. SAM MEDIA BV has the right to update and develop the functionalities of the Services and the Website.

4. The Services on the Website are paid.

5. The Service can only be purchased using the Access Service.

6. SAM MEDIA BV may periodically offer Services as part of promotions, the terms and availability of which will be indicated each time on the Website.

7. Using the Service requires access to the Internet. The fees for the Service do not include the costs of data transmission in the Internet network related to the use of the Service, which the User incurs in accordance with the tariff of the Operator whose services they use.

8. The Services are available in the territory of the Republic of Poland. SAM MEDIA BV may also offer the Service to Users outside the territory of the Republic of Poland, in which case appropriate information will appear in the service description.

9. Users are entitled to transfer Services and use them also during a temporary stay in another country within the European Union or the European Economic Area, if a positive verification of the actual and permanent place of residence in the territory of the Republic of Poland has taken place, on the principles specified by law, including based on checking the IP address (Internet Protocol) from which the User accesses the Service and having a telephone service agreement with a service provider operating in the territory of the Republic of Poland.

10. The Service provided as part of the right to transfer Services during a temporary stay is provided to the same extent and on the same terms as available to the User in the territory of the Republic of Poland.

METHOD OF USING THE SERVICES

1. The purchase of the Service on the Website, using the Access Service, is possible in the following way: a) The User enters [1] their phone number on the activation page in the Website (if the User's number is recognized by the system, the system will automatically enter the User's phone number on the activation page) and clicks on the highlighted button "Proceed" (or similar). Then the User receives a free SMS message from the Operator with a unique authorization PIN code, which the User then enters on the aforementioned page and confirms by clicking on the highlighted field "Order and Pay" (or similar) or b) The User, in the case of authentication of their phone number as belonging to the Operator's network [2], clicks on the activation page on the button "Click to accept the regulations" (or similar), and then, to confirm activation, clicks on the field "Click to order and pay" (or similar).

2. After activating the Service, a free SMS message is sent to the User containing, among other things: confirmation of Service activation; information on the price of the Service and the frequency of extending access to the Service; a link to the page where this Regulamin is published; information on how to deactivate the Service for free.

3. The Service can be deactivated at any time by sending a free SMS message with the content provided below to the number indicated below. Deactivation of the Service is free. Operator Deactivation command Deactivation number ORANGE STOP XRA 80711 PLUS STOP XRAY 80711 T-MOBILE STOP XRA 80713 Play STOP 194

4. The SMS message deactivating the Service must in each case be sent from the mobile phone number used when ordering the Service.

5. Deactivation of the Service results in the termination of access to the Service.

6. From the moment of Service activation, access to the Service will be extended at the frequency chosen by the User and according to the rates specified below: Frequency of access extension Price every 7 days 14.99 PLN with VAT / per week

SERVICE FEES

1. The User is charged a fee, the amount of which along with the frequency of automatic access extension is specified in par. 4 sec. 6 of the Regulamin.

2. Fees are collected by Operators by adding the fee to the invoice for the purchase of telecommunications services of the given Operator (in the case of a postpaid subscriber) or by deducting the due amount from the funds accumulated on the subscriber's account (in the case of a prepaid subscriber).

3. Fees are gross prices and include value-added tax (VAT), in accordance with the rate specified by applicable law.

OTHER RULES OF USING THE SERVICES

1. The possibility of using the Service by the User is dependent on the proper fulfillment by the User of the requirements resulting from this Regulamin. In particular, each User is obliged to ensure on their own the fulfillment of the following minimum technical requirements to use the Website and the Service: a) a mobile phone equipped with an active SIM card in the network of one of the Operators, having functionalities enabling activation and use of the Website (including receiving SMS messages, no blocks in the sense of the appropriate regulations of the given Operator preventing the use of the Access Service), b) connection to the Internet; c) a computer, phone, or other digital device with installed software allowing browsing of websites (e.g.: Internet Explorer 6 and higher, Firefox BV 4 and higher, Opera 10 and higher, Safari 3 and higher, Google Chrome), properly configured (in particular in terms of data transmission or other elements conditioning the use of the Service); d) proper configuration of the aforementioned devices, in particular in terms of data transmission.

2. The User should be entitled to use the devices mentioned in sec. 1 above to the extent that allows them to use the Website and the Service.

3. Additional information regarding the functionalities and interoperability of the Services, including compatibility with the phone model or computer software, or other intended device on which the Services are to be played, as well as any technical means of their protection, may also be provided on the Website for the Services selected by the User.

4. The User should protect the password and access to their mobile phone/computer or account enabling the use of the Website or Services from unauthorized use by third parties.

5. The User accessing the Service has the right to use it only to the extent specified in this Regulamin, i.e., to the extent of playing the Service on a phone, computer, or other device intended for this purpose. In particular, the User is not entitled to copy, reproduce, modify, present, publish, or distribute the Service or its parts in any way. The User obtains the right to use the Service to the extent described above only for personal use (i.e., for the use of the person for whom the given Service is provided). In particular, this means that it is unacceptable to use the Service or its parts for commercial purposes, including it is unacceptable to use it for business purposes, resale, or other forms of making it available to third parties.

LIMITATIONS. COPYRIGHT

1. There may be short-term, lasting no longer than 5 hours per month, interruptions in access to the Service, caused by necessary maintenance and/or technical work. In the case of interruptions in access, lasting longer due to a failure, SAM MEDIA BV will make efforts to remove the failure as soon as possible.

2. The Service is available using teleinformation data transmission, during which objective circumstances and factors beyond the control of SAM MEDIA BV may occur, affecting the possibility of using the Service, i.e., weather conditions, incorrect installation, insufficient signal quality, malfunction, or failure of the teleinformation network.

3. The Service has a territorial (geolocation) license restriction and, unless otherwise indicated in the description of a given Service, is available to Users logging in from the territory of the Republic of Poland (identified by Polish IP) and to Users positively verified as having an actual and permanent place of residence in the Republic of Poland. The presentation of the offer on the Website takes into account the territorial license restrictions regarding the offered Services.

4. The content of some Services constitutes works subject to protection in accordance with the provisions of applicable law. SAM MEDIA BV may use authorization and encryption systems for the Services. The User is entitled to use the Services only for personal use. The User is not entitled to publicly or commercially make the Services or their elements available in any form.

5. Services may have (regardless of the technical requirements specified in the Regulamin above) license or technical restrictions (including hardware restrictions), as a result of which the Services may be unavailable or their availability may be limited to a specific type or quantity of Equipment. Information about hardware restrictions will be available on the Website in the description of a given Service.

6. The limitation of the possibility of using the Service may occur in the case of an attempt to use the Service simultaneously on several Devices (when the allowed number of devices is exceeded) or in the case of an attempt to unauthorized access to the User's Account on the Website.

7. The User is prohibited from providing content of an unlawful nature.

RESPONSIBILITY

1. SAM MEDIA BV is responsible for the failure to deliver the Service on time and for the non-compliance of the Service with the Agreement.

2. If the Service is not delivered on time, the User has the right to request its delivery in the complaint mode specified in § 9. If SAM MEDIA BV does not deliver the Service immediately or within an additional, expressly agreed time with the User, the User may withdraw from the Agreement. The User may withdraw without requesting the delivery of the Service if: a) SAM MEDIA BV has declared or it is clear from the circumstances that it will not deliver the Service, or b) the User and SAM MEDIA BV have agreed or it is clear from the circumstances of the conclusion of the Agreement that a specific delivery time of the Service was of significant importance to the User, and SAM MEDIA BV did not deliver it within that time.

3. In the case of providing the Service in a manner inconsistent with the Agreement, the User may request bringing the Service into compliance with the Agreement by submitting a complaint, as mentioned in § 9.

4. The User may submit a statement on price reduction or withdrawal from the Agreement if, according to the response of SAM MEDIA BV to the request submitted based on sec. 3, bringing the Service into compliance with the Agreement is impossible or requires excessive costs: a) SAM MEDIA BV does not bring the Service into compliance with the Agreement according to the request submitted by the User; b) non-compliance with the Agreement still occurs, although SAM MEDIA BV tried to bring the Service into compliance with the Agreement according to the request submitted based on sec. 3; c) non-compliance of the Service with the Agreement is so significant that it justifies immediate withdrawal from the Agreement; d) from the statement of SAM MEDIA BV submitted in response to the request submitted based on sec. 3, it is clear that the Service will not be brought into compliance with the Agreement within a reasonable time or without excessive inconvenience.

5. In the case of recognizing the legitimacy of the request for a price reduction, as mentioned in sec. 4, SAM MEDIA BV will make this reduction in proportion to the price of the Service resulting from the Agreement and the value of the Service non-compliant with the agreement, taking into account the duration of its provision.

6. The right to withdraw from the agreement, as mentioned in sec. 4, does not apply if the non-compliance with the Agreement is insignificant.

7. SAM MEDIA BV is entitled to refuse to recognize the User's statement of non-compliance of the Service with the Agreement, among others, if: a) The User's digital environment is not compatible with the technical requirements mentioned in the Agreement; b) The User does not fulfill the obligation to cooperate to determine whether the non-compliance of the Service with the Agreement in due time results from the features of the User's digital environment.

COMPLAINTS

1. The User has the right to submit a complaint.

2. A complaint can be submitted: a) electronically – using email to the address pl-xracademy@cchelp.co or reklamacje@teleaudio.pl, b) in writing – to the address of SAM MEDIA BV provided in the Regulamin.

3. The complaint should include: a) the name and surname and the MSISDN number used to order the Service, b) specification of the subject of the complaint and the period being the subject of the complaint, presentation of circumstances justifying the complaint, in particular indicating the moment of occurrence of the problem concerning the Service, c) the User's signature – in the case of a complaint submitted in writing.

4. The complaint will be considered within a reasonable time. In particularly complicated cases or requiring additional explanations, the complaint will be considered no later than within 14 days from its receipt.

5. The response to the complaint will be provided electronically to the email address from which the complaint was sent by the User. In the case of a complaint submitted in writing, the User should indicate the method of communication by providing an email address or residential address for a written response.

6. SAM MEDIA BV may request the User to supplement the information necessary to consider the complaint, in particular to determine whether the non-compliance of the Service with the Agreement results from the features of the User's digital environment. If they are not supplemented by the User, the complaint is left without consideration. The User is obliged to cooperate in supplementing the data necessary to consider the complaint.

7. The User has the right to pursue claims in court proceedings or, in the case of a consumer, in mediation proceedings or before an arbitration court. The rules and procedures for access to out-of-court claims by consumers are specified separately in regulations or documents establishing institutions conducting such activities or issued by them in internal acts (e.g., regulations, statutes).

FINAL PROVISIONS. CHANGES TO THE REGULAMIN

1. SAM MEDIA BV is entitled to introduce changes to the Regulamin.

2. A change to the Regulamin, which is not necessary to maintain the compliance of the Service with the Agreement, may be made in justified cases such as: a) changes in legal regulations affecting the content of the Regulamin and the necessity to adapt the Regulamin to maintain its compliance with the law; b) changes resulting from the necessity to adapt the Regulamin to recommendations, orders, judgments, decisions, interpretations, guidelines, or decisions of authorized public administration bodies; c) improvement of the Service's operation and User service; d) changes related to the security of providing the Service; e) prevention of abuses related to the use of the Service; f) technological and functional changes to the Service; g) changes in the scope of introducing new, additional functions, options of the Service; h) editorial changes related to the necessity to correct, remove editorial errors, mistakes; i) administrative changes, including changes in identifying or contact data.

3. SAM MEDIA BV will inform Users about the changes indicated in sec. 2 above by publishing information about the changes made on the website https://pl.xr-academy.com/.

4. The publication will take place with 14 days' notice, if maintaining this period is possible due to the nature of the changes introduced.

5. In the case of a change to the Regulamin, which significantly and negatively affects access or use of the Service, SAM MEDIA BV will inform the User about this change and the date of its implementation with 14 days' notice on a durable medium, if maintaining this period is possible due to the nature of the changes introduced.

6. If the User does not accept the changes introduced in accordance with sec. 5, they are entitled to terminate the Agreement without notice, no later than within 30 days from the date of the change or notification of it, if the notification occurred later than the change.

7. The right to terminate does not apply if SAM MEDIA BV has provided the User with the right to maintain, without additional costs, the Service compliant with the Agreement, in an unchanged state.

8. In matters not regulated by the Regulamin, the provisions of applicable law apply.

9. SAM MEDIA BV exercises due diligence to protect the privacy and personal data of Users and takes actions to enhance the security of using the Website and improve the use of the Website, but it is not possible to completely eliminate all threats related to using the Internet, including the risk of unlawful interference by unauthorized persons. Current information on the occurrence of particular threats related to the use of services provided electronically, the functionalities of digital content, and the means of their protection are available on the Website.

10. SAM MEDIA BV is the administrator of Users' personal data. Information on the processing of personal data is specified in the Privacy Policy, available on the Website.

11. The Agreement is concluded in Polish.

12. This agreement is subject to Polish law. However, the choice of foreign law does not deprive Users ordering Services based on this Regulamin of their rights resulting from the mandatory provisions of the law of the country of their permanent residence.

13. This Regulamin comes into force on January 1, 2024.

WITHDRAWAL FORM TEMPLATE

Recipient:

Date:

Date of conclusion of the agreement:

I hereby inform about my withdrawal from the Agreement

User's name and surname

User's address

User's signature (only if the form is sent in paper version)