Terms of Service

Last updated: February 1, 2026

1. Preliminary Provisions

1.1. Scope of Application

These Terms of Service define the rules for using the Quack Runners service ("the Service") available at https://quack-runners.com. The Service is provided by:

Until notification of change: Michał Żak, conducting unregistered business activity, with registered office at: ul. Sienna 9, 70-542 Szczecin, Poland ("Service Provider").

After company registration: Quack Foundry sp. z o.o. / UG (details will be updated in the Terms with 14 days' notice).

Contact: contact@quackfoundry.com

1.2. Who the Service is for

The Service is intended for:

  • Organizers who are entrepreneurs (B2B relationship), and
  • Organizers acting occasionally (e.g., associations, sports clubs, individuals organizing one-off events).

If you are a sole proprietor (JDG) and the agreement is not of a professional nature for your business activity, you are entitled to rights similar to consumer rights. In such cases, the provisions of the Consumer Rights Act apply (right of withdrawal, prohibition of abusive clauses).

1.3. Definitions

  • Organizer: An entity (entrepreneur, association, individual) commissioning the Service.
  • Participant: A natural person (runner) whose photos are shared. The Participant is not a party to the agreement with the Service Provider.
  • DPA: Data Processing Agreement (applies only to Organizers processing personal data of participants).

1.4. Technical Requirements

To use the Service, the following are necessary:

  • Device with Internet access
  • Current browser (Chrome, Firefox, Safari, Edge)
  • Active email account

2. Data Processing Roles (GDPR)

2.1. Organizer as Data Controller

The Organizer is the Data Controller of the participants' Personal Data (name, surname, email, bib number). The Service Provider acts as the Processor and processes data exclusively on the Organizer's instructions in accordance with the DPA (Annex No. 1 to the Terms).

2.2. Service Provider as Data Controller

Regarding technical data (server logs, IP addresses, functional cookies), the Service Provider is an independent Controller. Details in the Privacy Policy.

3. Service Description and Technology

3.1. Scope of functionality

  • Hosting and organization of photos from sports events
  • Automatic photo indexing based on bib numbers (OCR technology – Optical Character Recognition)
  • Sharing galleries with participants via authorization links ("passwordless" model)

3.2. Biometrics Exclusion

The system does NOT use facial recognition or other biometric techniques (Art. 9 GDPR). Photo matching is done exclusively based on visible bib numbers on participants' shirts.

4. Access and Security

4.1. Organizer Access

Requires creating a password-protected account. The Organizer is responsible for maintaining the confidentiality of access data.

4.2. Participant Access

Takes place via an authorization link or code sent to email. The database of email addresses assigned to bib numbers comes 100% from the Organizer. The Service Provider does not verify the correctness of this data – responsibility lies with the Organizer.

4.3. Reporting Errors

In case of incorrect photo assignment, the Participant or Organizer can use the contact form. The Service Provider takes action within 48 business hours of receiving the report.

5. Payments and Complaints

5.1. Payment Rules

The Service is paid in accordance with the price list available on the website. Payments are processed via a payment processor (Stripe, Przelewy24). For EU entities (outside Poland) with a valid EU VAT number, the Reverse Charge procedure applies.

5.2. Nature of the Service

The Service is digital in nature and is fulfilled upon the provision of resources (account activation, photo upload to the platform).

5.3. Right of Withdrawal

Organizers who are entrepreneurs: No right of withdrawal applies (Art. 38 point 1 of the Consumer Rights Act).

Organizers who are not entrepreneurs: The right of withdrawal from the agreement applies within 14 days from the date of concluding the agreement, unless the Organizer explicitly requested the commencement of service provision before the expiry of this period and was informed about the loss of the right of withdrawal (Art. 38 point 13 of the Act).

5.4. Complaint Procedure

The Organizer may submit a complaint within 14 days of detecting the problem to: hello@quackfoundry.com. The report should contain:

  • Contact details
  • Description of the problem
  • Date and circumstances of occurrence

The Service Provider considers the complaint within 14 business days. If the complaint is accepted (e.g., server failure lasting >24h, data loss due to Service Provider's fault), the following applies:

  • Extension of the Service access period, or
  • Refund of a proportional part of the fee.

6. Intellectual Property and Organizer Declarations

6.1. Copyrights to Photos

The Organizer retains full copyrights. They grant the Service Provider a non-exclusive license, for the duration of the Service, exclusively for:

  • Hosting and storing photos
  • Processing (scaling, thumbnails, OCR indexing)
  • Displaying to Participants

6.2. Organizer Declarations

The Organizer declares that:

  • They possess the economic copyrights or license to the photos
  • They possess the legal basis (event regulations, participant consent) to share the image in the online gallery
  • The photos do not violate third-party rights (personal rights, copyrights)

6.3. Indemnification (exclusively for entrepreneurs)

If the Organizer is an entrepreneur, they undertake to indemnify the Service Provider from liability for third-party claims regarding:

  • Violation of copyrights or personal rights in connection with published materials
  • Incorrect assignment of email addresses to bib numbers
  • This obligation covers legal defense costs and potential damages, excluding damages caused solely by the Service Provider's fault.

6.4. Feedback

Any comments, suggestions, ideas, or improvement proposals submitted by the Organizer ("Feedback") may be used by the Service Provider without any restrictions and without obligation to pay compensation. Upon submission of Feedback, the Service Provider acquires the right to use it in the development of the Service.

6.5. Use of Organizer's Name and Logo

The Organizer (who is an entrepreneur) grants the Service Provider a non-exclusive right to use their name and logo in the Service Provider's marketing materials (e.g., on the website in the "Trusted by" section) for the purpose of identification as a Service client. The Organizer may revoke this consent at any time by sending an email.

7. Prohibited Content and DSA Procedure

7.1. Prohibitions

It is forbidden to provide content:

  • Of an unlawful nature (hate speech, pedophilia, copyright infringement)
  • Violating third-party personal rights
  • Constituting spam or malware

7.2. Notice and Action Mechanism (DSA)

In accordance with the Digital Services Act, anyone can report the presence of illegal content to: hello@quackfoundry.com. The report should contain:

  • Description of the violation and link to the content
  • Legal basis (which provision was violated)
  • Contact details of the reporting person
  • The Service Provider will consider the report promptly (max. 48 business hours) and, in case of confirmed violation, block access to the content.

8. Liability and Warranties

8.1. Service Level (SLA)

The Service Provider strives to make the Service available with 99% availability on a monthly basis (excluding planned maintenance announced 48h in advance).

8.2. Limitation of Liability (exclusively for entrepreneurs)

For Organizers who are entrepreneurs:

  • Liability under statutory warranty (rękojmia) is excluded (Art. 558 § 1 of the Civil Code)
  • Damages liability is limited to actual damage (exclusion of lucrum cessans)
  • Total liability shall not exceed the amount of fees for the last 12 months or for the given event
  • Exclusions do not apply to damages caused intentionally

8.3. Liability for Organizers who are not entrepreneurs

The Service Provider bears full liability as provided by the Civil Code and Consumer Rights Act provisions.

8.4. Force Majeure

The Service Provider is not liable for non-performance or delay resulting from:

  • Failure of infrastructure providers (cloud services, hosting providers, internet providers)

Failures or changes in the APIs of key external service providers (e.g., payment gateways, cloud service providers, OCR engine providers) over which the Service Provider has no direct control

  • Natural disasters, war, state of emergency
  • Changes in legal regulations preventing Service provision
  • Actions of third parties (cyberattacks, DDoS)

8.5. Participant Access Security

The Service Provider is not liable for third-party access to photos resulting from:

  • Compromise of the Participant's email inbox
  • Sharing of the authorization link to third parties by the Participant
  • Incorrect assignment of email address by the Organizer

9. Termination and End of Cooperation

9.1. Termination by Service Provider

The Service Provider may suspend or terminate access with immediate effect in case of:

  • Gross violation of the Terms (e.g., upload of illegal content)
  • Lack of payment despite reminder (7 days to settle)
  • Actions threatening infrastructure security (hacking attempts, DDoS)

9.2. Data Retention after Termination

After agreement termination, data is stored according to periods described in the Privacy Policy (usually 30 days upon Organizer's request, then deletion).

10. Final Provisions

10.1. Governing Law

The Terms are governed by Polish law.

10.2. Dispute Resolution

For entrepreneurs: The competent court is the court having jurisdiction over the Service Provider's registered office (Szczecin, Poland).

For Organizers who are not entrepreneurs: Provisions on consumer court jurisdiction apply (usually consumer's place of residence).

10.3. Changes to Terms

The Service Provider reserves the right to change the Terms. For paid events, the version of the Terms from the purchase date applies.

10.4. Entity Changes

In case of company registration (Quack Foundry sp. z o.o. or Quack Foundry UG), the Service Provider will inform Organizers with 14 days' notice. Agreements will be automatically transferred to the new entity unless the Organizer files an objection within 7 days.

10.5. Severability Clause

If any provision of these Terms is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the relevant provisions of Polish law shall apply, and the Parties undertake to interpret the Terms so as to preserve their economic purpose.

11. Contact Information

Quack Foundry
Michał Żak
ul. Sienna 9, 70-542 Szczecin, Poland
Email: hello@quackfoundry.com

© 2026 Quack Runners. We facilitate event management.

View Data Processing Agreement

GDPR-Compliant Data Processing Agreement for Event Organizers

View Data Processing Agreement