Thank you for your interest in and download of our application.

These terms of use (hereinafter referred to as the “Terms of Use”) set out the terms and conditions for using the application, its functionality, and the services provided through it. This document is intended to ensure the transparency, security, and proper functioning of our application.

Acceptance of the Terms of Use is necessary to start using the application and constitutes the conclusion of an agreement for the provision of electronic services between you, as the User, and us, MountStory. 

The current Terms and Conditions are available free of charge in our application and on our website at the following URL: https://mountstory.com/, where you can download, save, and print them.

If you have any questions, please contact us at the following email address: support@mountstory.com, or at our mailing address: Stefana Batorego Street, no 18/108, 02-591 Warsaw (Poland).

1. Definitions: 
   1. Application – software and services dedicated to individual users, distributed under the MountStory trademark, available at the URL: https://mountstory.com/ oraz via a mobile application for iOS and Android software, enabling users to register, archive, and share their achievements and mountain expedition route
   2. MountStory – Mount Story Limited Liability Company with its registered office in Warsaw, at the following address: Stefana Batorego Street, no 18/108, 02-591 Warsaw (Poland), entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0001181091, using NIP (Tax Identification Number): 7011267437 and REGON (National Business Registry Number): 542116875. 
   3. User – a natural person who is at least 16 years of age, has full legal capacity, and has registered for the Application.
   4. Profile – an individual User panel secured with a login and password, created during the registration process and enabling access to the Services.
   5. Free Services – functionalities provided free of charge by MountStory electronically via the Application, enabling the User, among other things, to: access maps and save routes, archive routes and peaks to a limited extent (i.e., save a maximum of three activities), and share content and interact with other Users. 
   6. Paid Services – functionalities provided for a fee by MountStory electronically via the Application, enabling the User, among other things, to: access maps and save routes, archive routes and peaks to the full extent of the application’s functionality, and share content and interact with other Users.
   7. Registration form – a form available in the Application enabling registration for the use of the Application and Services.
   8. User Content – data and content made available by the User within the Application.
   9. Prohibited content – content that violates applicable law, rules of social coexistence, or otherwise violates the provisions of the Terms and Conditions. A detailed list of information considered prohibited can be found in section XIII. Rules for moderating User content of the Terms and Conditions.
   10. Terms and Conditions – these Terms and Conditions.

2. Services and Terms of Use 
   1. MountStory provides Services within the Application, giving the User access to paid and free features after successful completion of Registration and creation of a Profile.
   2. As part of the basic, free access to the Application, MountStory provides the following free Services:
      1. access to the Application and the ability to view its interface, 
      2. creation and editing of the User Profile, 
      3. entering data and content, including the ability to enter planned trips into the Profile and archive information about peaks climbed, as well as the User’s photo and bio, 
      4. social features, like checking out other Users’ Profiles, following them on maps, using the “like” feature, verifying other Users’ summits, and following selected Profiles,
      5. notifications: getting and sending PUSH notifications about your own trips and other Users’ trips;
      6. location tracking: the ability to set up and use the GPS tracking (geolocation) function during trips.

3. Payments for Paid Services
   1. The User is obliged to make payments for Paid Services in accordance with the price list and terms and conditions displayed in the Application at the time of placing the order.
   2. Payments are processed through external payment service providers. The rules for making payments and related complaints are set out in the terms and conditions of these providers. The current list of providers is available in the Application.

4. Contact with Expedition Agencies
   1. The Application may display offers from Expedition Agencies. The Application will enable the User to browse expedition offers and contact the agency organizing a given expedition directly. MountStory is not a party to the agreement concluded between the User and the agency and is not responsible for the course, organization, or conditions of these expeditions.
   2. MountStory may charge a fee (commission) to the agency if, as a result of using the Application, an expedition agreement is concluded between the User and the agency. This remuneration is paid by the agency and does not entail any additional costs for the User or affect the price of the Services provided by MountStory to the User.

5. Application availability and technical requirements 
   1. In order to use the Application, it must be downloaded from a store, i.e., a digital distribution platform compatible with the operating system of the User’s mobile device, in particular Google Play or the App Store, by searching for the Application named “MountStory.”
   2. Registration of a Profile in the Application requires the User to meet the following conditions:
      1. use of a mobile device (smartphone) that has access to the Internet and runs on the Android or iOS operating system;
      2. having an active email account;
      3. having an active phone number that works on a mobile device.
   3. The Application can also be used offline with its basic functionalities, including saving the route on a mobile device, which allows for subsequent updating of the position on the map when connected to the Internet.
   4. Some of the Application’s functionalities (geolocation) require constant data transmission. The amount and frequency of data transmission depend on the GPS tracking settings selected by the User in the Application. The cost of the connection for data transmission is borne by the User and depends on the contract concluded by the User with the mobile network operator. 
   5. For the Application to function properly, its current version and sufficient battery charge of the mobile device are required. MountStory will inform the User about the availability of new versions of the Application, in particular through a notification in the Application after logging in.
   6. The Application is available in two language versions: Polish and English.
   7. MountStory takes technical and organizational measures to ensure the User’s secure access to the Application and Services, in particular measures preventing unauthorized access to and modification of personal data.
   8. MountStory reserves the right to interrupt the operation of the Application for technical reasons necessary for planned, ongoing maintenance of the software infrastructure. In the event of a planned interruption lasting longer than 4 hours,, Users will be clearly notified in advance in the Application. 
   9. To the fullest extent permitted by law, MountStory shall not be liable for any disruptions, including interruptions in the functioning of the Application caused by force majeure, unlawful actions of third parties, or incompatibility with the mobile device or software used by the User.. 

6. User account and registration rules
   1. Creating a Profile and full use of the Application and Services requires the User to register for free in the Application. 
   2. Registration is completed by filling out the Registration Form, in which the User is required to provide the following information:
      1. first and last name,
      2. email address 
      3. date of birth, 
      4. nationality,
      5. phone number including country code 

and set a password to log into the Application, as well as accept the Terms and Conditions and read the Privacy Policy. 

3. The User may provide additional information about themselves, e.g., gender (or select the “I do not want to provide this information” option), a BIO note, but this is not required to create a Profile.
4. The User’s name (ID) is assigned automatically after completing the registration process.
5. During registration, the User is required to create an individual password. The password must meet the minimum security requirements (e.g., minimum length and combination of numbers, letters, and characters) specified by MountStory in the Application. The User is solely responsible for keeping the password confidential. Sharing the password with other people is not allowed.
6. In order to access the Profile, the User must activate it by entering the code received at the email address provided in the Registration Form into the Application. The code is valid for 1 hour from the time of registration. 
7. The User declares that all data provided in the Registration Form is true and up-to-date. The User undertakes to immediately update the data in the Application in the event of any changes.
8. The contract for the provision of access to the Application is concluded upon confirmation of the activation of the Profile by the User.

7. User Rights and Obligations
   1. The User has the right to use the Services provided through the Application in accordance with these Terms and Conditions, applicable law, and the purposes for which the Application was created and made available.
   2. The User undertakes to:
      1. use the Application in a manner that does not violate the rights of third parties, the principles of social coexistence, and applicable law, including regulations on the protection of personal data and intellectual property; 
      2. keep the access data to the Profile (password) confidential and bear full responsibility for any actions taken through their Profile;
      3. immediately notify MountStory of any breach of Profile security, including any suspicion that an unauthorized person has gained access to the password.
   3. The User is solely responsible for the content (including photos, descriptions, bio, trip plans, summit archive) entered into the Application (hereinafter “User Content”). This content must be true and accurate, and must not violate the law, including the rights of third parties, or the provisions of the Terms and Conditions.
   4. The User is prohibited from taking any actions that could disrupt the proper functioning of the Application, including:
      1. delivering malicious software (viruses, Trojans, etc.);
      2. using devices, software, or processes that disrupt or are intended to disrupt the operation of the Application;
      3. using bots, crawlers, scrapers, or other automated methods to access the Application or obtain data from it.
   5. In the event of a violation by the User of any provision of the Terms and Conditions, MountStory has the right, at its sole discretion, to take the following actions:
      1. call upon the User to cease the violations,
      2. temporarily block the User’s Profile,
      3. permanently delete the User’s Profile, which is tantamount to terminating the contract for the provision of access to the Application

8. Right to use the Application (User License)
   1. All intellectual property rights to the Application, including its source code, graphical interface, logo, the names “MountStory” and “MountStory Database,” and all materials made available within the Application (excluding User Content), are vested exclusively in MountStory.
   2. Upon acceptance of the Terms and Conditions, MountStory grants the User a non-exclusive, non-transferable, and revocable license to use the Application on mobile devices. This license is limited to the use of the Application in accordance with its intended purpose and the provisions of the Terms and Conditions.
   3. The license is granted for an indefinite period and without territorial restrictions.
   4. The User is not entitled, in particular, to:
      1. permanently reproduce, modify, translate, adapt, or decompile the source code of the Application, 
      2. share, lease, rent, or sell the Application or any part thereof to third parties for a fee,
      3. grant further licenses (sublicenses).
         
9. Rights to User Content (License for MountStory)
   1. The User declares that they are the author and hold full rights to all User Content (in particular photos, bio descriptions, GPS routes) entered by them into the Application.
   2. Upon placing User Content in the Application, the User grants MountStory a free, non-exclusive, transferable, territorially and temporally unlimited license to use this content in the following fields of exploitation:
      1. recording and reproducing User Content using any technique (e.g., digital);
      2. entering it into the memory of MountStory’s computers and servers and making it available on the Internet and in the Application.
   3. The license granted to MountStory entitles it to grant sublicenses to other entities (e.g., expedition agencies) to the extent necessary to provide the Services. 
   4. The User accepts that the Content made available by them in the Application (in accordance with the privacy settings) may be viewed and used by other Users for their own use.

10. Termination of the Agreement for access to the Application (resignation from the Application)
    1. The User has the right to terminate the Agreement for the provision of the Application access Service at any time with immediate effect. Termination takes place by deleting the Profile.
    2. The Profile may be deleted by:
       1. using the dedicated option in the Application options or 
       2. sending a relevant request to MountStory to the email address provided in the preamble to the Terms and Conditions.
    3. Deleting the Profile is tantamount to terminating the contract for the provision of the Service. This means permanent loss of access to the Profile and all data stored on the Profile (including entered trips, archived peaks, and other User Content).
    4. The User may terminate their use of the application at any time by uninstalling it from their mobile device. Uninstalling the Application does not constitute termination of the Service Agreement and does not result in the deletion of the Profile. The agreement remains in force and the user’s profile remains active until the profile deletion procedure described in point 2 above.
    5. MountStory has the right to terminate the contract for the provision of the Service with 14 days’ notice for important reasons, in particular in the event of:
       1. cessation of the provision of access to the Application or its permanent withdrawal from the market;
       2. a significant change in the law that prevents or significantly hinders the provision of the Services.
    6. MountStory has the right to terminate the agreement for the provision of access to the Application with immediate effect (by deleting the Profile) in the event of a gross violation of the Terms and Conditions by the User. 
    7. The User will be notified of the termination of the Agreement and the deletion of the Profile by email to the email address assigned to the Profile. In the event of immediate termination, the notification will include the reasons for the decision and information on the means of appeal.

11. Right to withdraw from the contract 
    1. A User who is a consumer has the right to withdraw from a contract for the provision of Services (both free and paid) concluded remotely without giving any reason, within 14 days from the date of its conclusion.
    2. To exercise the right of withdrawal, the User must inform MountStory of their decision by means of an unequivocal statement. This statement may be sent:
       1. by email to the email address, 
       2. or in writing to the address of the registered office of MountStory

to the addresses provided in the preamble to the Terms and Conditions.

3. In the event of withdrawal from a paid contract, MountStory is obliged to return to the User all payments received from them immediately, and in any case no later than within 14 days from the date of receipt of the User’s statement of withdrawal.
4. The User has no right to withdraw from the contract in relation to digital services if:
   1. MountStory has commenced the provision of the service with the User’s express and prior consent, and
   2. the User has been informed prior to the commencement of the provision of the service about the loss of the right to withdraw from the contract and has acknowledged this.

12. Complaint procedure 
    1. MountStory shall be liable for any non-compliance of the Application access service (digital service) with the Agreement (description of the Application and Terms and Conditions) existing at the time of its delivery and disclosed during its duration of the service provided.
    2. The User has the right to lodge a complaint regarding non-performance or improper performance of the Service by MountStory.
    3. Complaints should be submitted in writing to the address of MountStory or by email to the addresses provided in the preamble to the Terms and Conditions.
    4. In order for the complaint to be processed efficiently, it should include:
       1. the User’s details enabling their identification,
       2. the subject of the complaint (a detailed description of the non-compliance with the Agreement),
       3. the User’s request.
    5. MountStory shall consider the complaint within 14 days of its receipt and shall respond to the User at the email address provided in the complaint form.

13. Rules for moderating User content (compliance with the Digital Services Act)
    1. MountStory designates a single electronic contact point for direct communication with Users, as well as with the European Commission, Member States, and regulatory authorities on matters related to the Digital Services Act. The email address for Users and authorities is provided in the introduction to the Terms and Conditions. Communication at this contact point is in Polish or English.
    2. MountStory is entitled to moderate User Content, i.e., to take actions aimed at detecting and identifying prohibited Content and combating it, including removing it or preventing other Users from accessing it.
    3. MountStory may moderate User Content on its own initiative or as a result of a report by other Users or third parties who consider the reported content to be illegal or otherwise inconsistent with the Terms and Conditions. 
    4. MountStory may also moderate User Content at the stage of its publication in the Application, but is not obliged to do so.
    5. Prohibited Content includes content that violates applicable law, rules of social conduct, or is inconsistent with the provisions of the Terms and Conditions, in particular:
       1. violates the personal rights of third parties, intellectual property rights, personal data protection laws, or trade secrets, or the good name of MountStory,
       2. incites or condones hatred, discrimination, or violence against individuals or groups, including on the basis of race, gender, sexual orientation, religion or lack thereof, worldview, nationality, or disability,
       3. contain pornography or other forms of sexual exploitation, 
       4. incite violence against people or animals, 
       5. praise or incite terrorist acts,
       6. aim to defraud or extort, or support such activities, 
       7. may mislead or harm public opinion (misinformation and so-called fake news), 
       8. evoke negative emotions in the recipient or promote behavior that is dangerous to health and life, 
       9. are not related to the subject matter of the Application, 
       10. contain profanity or content commonly considered offensive, 
       11. are intended to promote services or products offered by third parties or by the person posting the content, 
       12. are spam.

6. Users and third parties who consider User Content to be illegal or in violation of the Terms of Use (Prohibited Content) may report such content to MountStory for moderation. Reports should be sent to MountStory at the contact point referred to in section 1 above.
7. The report must contain all of the following elements:
   1. a sufficiently reasoned explanation of why the person reporting the User Content considers it to be illegal or otherwise inconsistent with the Terms of Service,
   2. a clear indication of the exact electronic location of the reported content and, where applicable, additional information enabling the identification of the reported content,
   3. the name and email address of the person or entity making the report, except for reports concerning information considered to be related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU, which may be reported anonymously,  
   4. a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
8. In the event of an incomplete or erroneous application, MountStory will request the applicant to complete the application within 14 days of receipt and will inform them that failure to do so within the specified time limit will result in the application not being considered. 
9. Upon receipt of a complete application, MountStory will immediately confirm its receipt to the applicant at the email address provided in the application. 
10. MountStory shall consider the report no later than within 14 days of receiving the complete report. In order to moderate the reported content, MountStory may request additional information and/or documents necessary for verification. 
11. MountStory may block the visibility of the reported content to other Users for the duration of the moderation of the reported content. 
12. MountStory shall conduct moderation in good faith and with due diligence, i.e. in an objective, non-discriminatory, and proportionate manner:
    1. evaluates it for compliance with the law and the Terms and Conditions,
    2. decides to remove it, prevent other Users from accessing it, limit its visibility, suspend or terminate the digital service, suspend or close the User Profile, or decide that there has been no violation of the Terms and Conditions. 
13. If MountStory obtains any information giving rise to a suspicion that a crime threatening the life or safety of a person or persons has been committed, is being committed, or may be committed, it shall immediately report its suspicion to the competent law enforcement authorities. 
14. MountStory shall immediately notify the User who posted the content and the person who reported it of the decision referred to in paragraph 8 above, provide them with the reasons for the decision, and inform them of the possibility of appealing against it. This does not apply if the User’s Content is misleading commercial content. 
15. A User whose Content has been removed or blocked has the right to appeal against MountStory’s decision. Details of the appeal procedure are set out in the Appendix to the Terms and Conditions.

14. Processing of personal data

The rules for processing personal data and using cookies are described in the Privacy and Cookie Policy.

15. Changes to the Terms and Conditions
    1. MountStory reserves the right to amend the Terms and Conditions for important reasons, including: changes in legal regulations, rulings of state authorities, changes in the terms of service, including changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. 
    2. Each User will be informed of the content of planned changes to the Terms and Conditions by means of an appropriate notification sent by MountStory (e.g., a message in the Application, a PUSH notification) or by email to the email address provided in the Profile. 
    3. MountStory shall notify Users of any changes to the Terms and Conditions no later than 14 calendar days before the date on which the amended Terms and Conditions come into force.
    4. In the event of changes that significantly alter the terms of the Agreement, the User has the right to terminate the Agreement within 14 days of being notified of the changes. If the User does not terminate the Agreement within this period, the changes to the Terms and Conditions will become effective for the User on the day following the expiry of the period for terminating the Agreement. 
    5. Notification of changes to the Terms and Conditions shall be provided no later than 14 calendar days prior to the date of entry into force of the amended Terms and Conditions.
    6. Amendments to the Terms and Conditions shall not infringe upon or deprive Users of their rights acquired under the Terms and Conditions prior to the amendment.

16. Final provisions
    1. In matters not covered by these Terms and Conditions, as well as in disputes arising from them, the provisions of Polish law shall apply.
    2. The choice of Polish law, in accordance with the preceding paragraph, shall not deprive the User who is a consumer of the protection granted to him/her under the provisions which cannot be excluded by way of an Agreement, applicable in the country of his/her permanent residence.
    3. MountStory informs the User who is a consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. Detailed information on the available procedures and competent authorities can be obtained by the User from the competent national consumer protection authorities in their country of residence.

Effective date of the Terms and Conditions: October 1, 2025.

Appendix to the Terms and Conditions – Details of the appeal procedure against decisions regarding the moderation of Application user content

1. MountStory moderates User Content, at the request of another User or a third party, or on its own initiative, in good faith and with due diligence, i.e. in an objective, non-discriminatory, and proportionate manner:
   1. it assesses it for compliance with the law and the Terms and Conditions,
   2. it decides to remove it, prevent other Users from accessing it, limit its visibility, suspend or terminate the provision of the digital service, suspend or close the User Profile, or decide that there has been no violation of the Terms and Conditions. 
2. MountStory shall immediately notify the User who posted the content and the person who reported it of the decision referred to in paragraph 1 above, provide them with the reasons for the decision, and inform them of the possibility of appealing against it. This does not apply if the User’s Content is misleading commercial content. 
3. MountStory shall include the following elements in the justification for its decision:
   1. an indication of what action the decision covers (removal of Prohibited Content, preventing other Users from accessing it, limiting its visibility, suspending or terminating the provision of Services, suspending or closing the User Profile) or that no violation of the Terms of Use has been found, 
   2. the facts and circumstances on which the decision was based, including, where applicable, whether the decision was made as a result of a report or on MountStory’s own initiative and, where absolutely necessary, the identity of the reporter,  
   3. where applicable, information on the use of automated means in the decision-making process, including whether the decision was made in relation to content detected or identified using automated means, 
   4. if the decision concerns potentially illegal content, an indication of the legal basis on which the decision is based and an explanation of the reasons why the content was considered illegal on that basis, 
   5. if the decision is based on alleged non-compliance of the content with the Terms and Conditions, an indication of the contractual basis on which the decision is based and an explanation of the reasons why the content is considered prohibited content, 
   6.     clear and user-friendly information on the options available to the User to appeal against the decision. 
4. Appeals should be submitted to the Contact Point referred to in the Regulations. 
5. The appeal should include:
   1. the first and last name (or name of the entity) and contact details of the person submitting the appeal, 
   2. and the reasons why the decision is being challenged, the scope of the request, and the arguments justifying the request.
6. Appeals will be considered within 14 days of the date of submission. 
7. Appeals will be considered without the use of automated decision-making systems.