Terms and Conditions

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Mikel Musial, a sole trader (jednoosobowa działalność gospodarcza) trading as Happening Technologies (HAPPENING TECHNOLOGIES MIKEL MUSIAL) ("Company," "we," "us," or "our"), concerning your access to and use of our website at https://www.gethappeningapp.com (the "Website") as well as any related media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Services").

The Happening mobile application allows you to discover live signals, events, and promotions from local venues on an interactive real-time city pulse map. The app is currently available as a web application and as an iOS application, focused on Gdańsk, Poland.

You must be at least 13 years of age to use the Services. By using the Services, you represent that you are at least 13 years of age.

Changes to these Legal Terms will be effective immediately after they are posted, except for changes to governing law, jurisdiction, or dispute resolution, which will be effective 14 days after they are posted. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the updated Legal Terms.

You can contact us at mikelmusial@gmail.com or by phone at (+48) 536 589 863.

Table of Contents

1. Our Services
2. Intellectual Property Rights
3. User Representations
4. User Registration
5. Prohibited Activities
6. User Contributions
7. Contribution Licence
8. Mobile Application Licence
9. Third-Party Accounts
10. Third-Party Websites and Content
11. Services Management
12. Privacy and Data Protection
13. Term and Termination
14. Modifications and Interruptions
15. Governing Law and Jurisdiction
16. Consumer Rights, Complaints and Dispute Resolution
17. Corrections
18. Disclaimer
19. Limitation of Liability
20. Indemnification
21. User Data
22. Electronic Communications
23. Miscellaneous
24. Contact Us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Services, including all copyright, trademark, trade secret, and other intellectual property rights therein. Those works include, but are not limited to: the design and layout of the Website; the source code; the databases; the functionality; the software; the audio; the video; the text; the photographs; and the graphics (collectively, the "Content"). The Content is protected under Polish and applicable EU and international copyright, trademark, and other intellectual property laws.

We reserve all rights not expressly granted to you in the Services. The Services and all Content are provided on an "AS IS" and "AS AVAILABLE" basis for your personal, non-commercial use. Approved business and venue (organizer) accounts may use the Services for their own commercial promotion within the scope permitted by their account type. Any other commercial use of the Services requires our express prior written permission.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, limited, non-transferable, revocable licence to access and make personal use of the Services and the Content that we provide through the Services. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Legal Terms or by applicable law. You may download or copy the Content for your personal use only.

If you wish to make any commercial use of the Services beyond an approved business account, you must contact us to obtain written permission at mikelmusial@gmail.com.

We reserve the right to terminate the licence granted to you in these Legal Terms at any time where you breach these Legal Terms or applicable law.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration and other information you provide to us are true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 13 years of age; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. User Registration

You may be required to register for the Services. You agree to keep your access credentials confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we reasonably determine that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those carried out through an approved business or venue account, or otherwise specifically approved by us.

You agree not to engage in any of the following prohibited activities:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Use any information obtained from the Services in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorised framing of or linking to the Services
• Upload or transmit viruses, Trojan horses, or other malicious code through the Services
• Engage in any automated use of the Services, such as using bots or scrapers
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person or use the username of another user
• Upload or transmit any content that infringes any proprietary right of any party, including patent, trademark, copyright, trade secret, or other right of any party
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Harass, intimidate, or threaten any of our personnel engaged in providing any portion of the Services to you
• Attempt to bypass any measures designed to prevent or restrict access to the Services
• Except as permitted by applicable law, decode, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Services
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users to send unsolicited communications, or creating user accounts by automated means or under false pretences
• Use the Services as part of any effort to compete with us

6. User Contributions

The Services allow you to create and post content that may be shown on the map and visible to other users. Members may post Signals; business and venue (organizer) accounts may post Events, Promotions, and Business Signals. This content may include text and images (collectively, "Contributions"). Contributions may be viewable by other users of the Services. When you create or make a Contribution available, you represent and warrant that:

• The Contribution does not infringe, violate, or otherwise misappropriate any third party's patent, copyright, trademark, trade secret, moral right, or other intellectual property or proprietary right
• The Contribution is your original work, or you own or control all rights in and to it, or you have received all necessary permissions to use it as provided through the Services
• The Contribution does not contain any material that solicits funds unlawfully, promotes illegal activity, or violates any applicable law or regulation
• The Contribution has not been obtained through fraudulent or misleading means
• The Contribution does not contain any defamatory, obscene, pornographic, abusive, or otherwise unlawful material
• The Contribution does not contain any material that constitutes instructions or information relating to the manufacturing of illegal weapons
• The Contribution does not contain any material that would give rise to criminal or civil liability
• The Contribution is not false, inaccurate, or misleading
• The Contribution does not constitute unsolicited advertising or promotional material outside the scope of an approved business account
• The Contribution is not harassing, hateful, or racially or ethnically offensive
• The Contribution does not threaten, promote, or incite violence or hatred
• The Contribution does not violate the privacy or publicity rights of any third party
• The Contribution does not contain child sexual abuse material or any material that violates the law
• The Contribution does not otherwise violate these Legal Terms or any applicable law

Any Contribution in violation of the above violates these Legal Terms and may result in, among other things, removal of the Contribution and termination or suspension of your rights to use the Services. We may moderate Contributions, including holding new Contributions for review and removing or hiding Contributions that are reported or that violate these Legal Terms.

7. Contribution Licence

By posting any Contribution, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide licence to use, copy, reproduce, store, display, reformat, translate, and distribute such Contribution, and to prepare technical derivative works of it, for the purposes of operating, providing, and promoting the Services. The licence continues for as long as is necessary for those purposes.

The licence granted to us includes the right to use your username, business name, trade name, trademark, service mark, and logo in connection with such Contributions for the purposes of operating and promoting the Services.

To the extent permitted by applicable law, and recognising that moral rights (autorskie prawa osobiste) cannot be waived under Polish law, you agree not to exercise your moral rights in your Contributions against us, and you consent to our use of your Contributions without attribution and to the technical modifications necessary to display them through the Services.

You retain ownership of your Contributions. We are not liable for any statements or representations made in your Contributions.

We have the right, but not the obligation, to monitor, edit, re-categorise, or delete any of your Contributions where reasonably necessary to operate the Services, comply with the law, or enforce these Legal Terms.

8. Mobile Application Licence

Use Licence. If you access the Services through a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on a device you own or control, strictly for your personal, non-commercial purposes (or, for business accounts, the commercial purposes permitted by your account type), and subject to your acceptance of, and compliance with, these Legal Terms.

You may not: (a) decompile, reverse engineer, disassemble, or otherwise attempt to extract the source code of the mobile application, unless applicable law permits it or you have our written permission; (b) make any modifications, adaptations, improvements, enhancements, translations, or derivative works of the mobile application; (c) violate any applicable laws in connection with your access or use of the mobile application; (d) remove, alter, or obscure any proprietary or copyright notices; (e) use the mobile application for any revenue-generating endeavour outside the scope of an approved business account; (f) make the mobile application available over a network where it could be used by multiple devices at once; (g) use the mobile application to provide products or services to third parties without our permission; (h) use the mobile application in any manner that infringes the rights of any third party; or (i) use the mobile application in a manner inconsistent with these Legal Terms.

Apple Devices.The following terms apply when you use the Services on an Apple device. You acknowledge that these Legal Terms are concluded between you and us only, and not with Apple, and that we (not Apple) are solely responsible for the Services. Apple has no obligation to furnish any maintenance and support services with respect to the Services. You acknowledge that Apple is a third-party beneficiary of these Legal Terms as they relate to your licence to use the mobile application, and that Apple will have the right to enforce these Legal Terms against you as such. You also represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. (These representations are required by Apple's standard App Store licensing terms.)

An Android application is not currently offered. If and when an Android application becomes available, equivalent app-store terms will apply to it.

9. Third-Party Accounts

As part of the functionality of the Services, you may be able to link your account with accounts you have with third-party service providers (each, a "Third-Party Account") by providing your Third-Party Account login information through the Services or allowing us to access your Third-Party Account, as permitted under the applicable terms governing that account.

You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breaching the terms governing its use and without obligating us to pay any fees or subjecting us to usage limitations imposed by the third-party provider.

By granting us access to any Third-Party Account, you understand that we may access and store content you have made available through that account so that it is available through the Services. We are not responsible for the reliability or availability of any Third-Party Account or any content made available through it.

You may deactivate a connected Third-Party Account at any time through your account settings.

10. Third-Party Websites and Content

The Services may contain (or you may be sent via the Services) links to other websites or third-party content, as well as articles, photographs, text, graphics, and other content originating from third parties (collectively, "Third-Party Content").

We do not investigate, monitor, or check Third-Party Content for accuracy, appropriateness, legality, or compliance with these Legal Terms, and we are not responsible for any Third-Party Content. Use of third-party websites is at your own risk.

We do not endorse any Third-Party Content that is accessible through the Services. To the extent permitted by law, we will not be responsible for any loss or damage resulting from your reliance on information contained in Third-Party Content.

11. Services Management

We reserve the right, but not the obligation, to: (a) monitor the Services for violations of these Legal Terms; (b) take appropriate legal action against anyone who violates these Legal Terms or the law; (c) restrict, suspend, or terminate your access to all or part of the Services where you breach these Legal Terms or applicable law, or where reasonably necessary to protect the Services and other users; (d) remove, disable, or otherwise block access to any Contribution that violates these Legal Terms; and (e) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. We will give notice of such measures where required by law.

12. Privacy and Data Protection

We care about data privacy and security, and we process personal data in accordance with the GDPR (RODO) and applicable Polish law. Please review our Privacy Policy at https://www.gethappeningapp.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Privacy Policy describes the infrastructure and processing providers we use (including for hosting, database, mapping, and email) and how any international transfers of personal data are safeguarded.

13. Term and Termination

These Legal Terms remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person where they breach any representation, warranty, or covenant in these Legal Terms, or any applicable law, or where reasonably necessary to protect the Services and other users.

We may terminate your use of or participation in the Services, or delete your account and any Contributions you have posted, where you breach these Legal Terms or applicable law. Where reasonably possible, we will give you notice. This does not affect your statutory rights.

If we terminate or suspend your account for breach, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

14. Modifications and Interruptions

We reserve the right to change, modify, or remove the Content or Contributions at any time, for valid reasons such as legal compliance, security, or improvement of the Services. We have no obligation to maintain or provide copies of Content or Contributions that you have posted.

We reserve the right to change, modify, add, or remove portions of these Legal Terms. If we do so, we will update the "Last updated" date at the top of this page and, where the law requires, notify you. Changes to governing law, jurisdiction, or dispute resolution take effect 14 days after they are posted.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. To the extent permitted by law, and without affecting your statutory rights, we are not liable for any loss caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

15. Governing Law and Jurisdiction

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of Poland and applicable European Union law. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Nothing in these Legal Terms excludes, restricts, or modifies any mandatory consumer protection that applies to you under the law of Poland or, if your habitual residence is elsewhere in the EU, under the mandatory law of the country in which you live.

Any dispute that is not resolved out of court (see Section 16) will be subject to the jurisdiction of the courts of Poland. For users who are not consumers, the court having jurisdiction over the registered seat of the operator (Gdańsk) will have exclusive jurisdiction. For consumers, the competent court is determined by generally applicable law, and you may also bring a claim before the court of the EU country in which you are habitually resident.

16. Consumer Rights, Complaints and Dispute Resolution

Statutory consumer rights. If you use the Services as a consumer, you have rights under Polish and EU consumer law, including under the Polish Act on Consumer Rights. Nothing in these Legal Terms limits those rights. The Services are currently provided free of charge; if and when paid features are introduced, the applicable consumer rights (including any statutory right of withdrawal for paid digital services) will apply and the relevant terms will be made available before purchase.

Complaints (reklamacja). If you have a complaint about the Services, please contact us at mikelmusial@gmail.com. Please describe the issue and your contact details. We will respond to your complaint without undue delay, and in any event within 14 days of receiving it.

Amicable resolution. Both parties agree to attempt to resolve any dispute informally before pursuing other remedies. This does not limit your right to bring a claim before a court or to use out-of-court dispute resolution.

Out-of-court dispute resolution (ADR). As a consumer, you may use out-of-court methods of handling complaints and pursuing claims. In Poland, these are available through, among others, the Provincial Inspectorates of the Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) and the relevant permanent consumer arbitration courts, and you can obtain free assistance from the district (municipal) consumer ombudsman (powiatowy / miejski rzecznik konsumentów). Information about consumer rights and dispute resolution is available from the President of the Office of Competition and Consumer Protection (UOKiK) at https://uokik.gov.pl. A directory of recognised dispute-resolution bodies across the EU is available at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies. (Note: the former EU Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025 and is no longer available.) Use of out-of-court dispute resolution is voluntary for both parties.

Nothing in this Section limits your right, as a consumer, to bring your claim before the courts.

17. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or content at any time without prior notice.

18. Disclaimer

To the fullest extent permitted by applicable law, and without affecting your statutory rights as a consumer, the Services are provided on an "as is" and "as available" basis, and your use of the Services is at your own risk. To the extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use of them, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties about the accuracy or completeness of the Services' Content or the content of any websites linked to the Services. In particular, Signals, Events, Promotions, and other Contributions are generated by users and venues, and we do not guarantee that such information is accurate, current, or complete.

We do not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third party through the Services or any linked website, and we will not be a party to or monitor any transaction between you and any third-party provider of products or services.

19. Limitation of Liability

To the extent permitted by applicable law, we will not be liable to you for any indirect or consequential loss, loss of profit, loss of revenue, or loss of data arising from your use of the Services. Where our liability is not otherwise excluded and may lawfully be limited, our total liability to you for any cause whatsoever will be limited to the amount, if any, you have paid to us for the Services in the 12 months preceding the event giving rise to the liability.

Nothing in these Legal Terms excludes or limits our liability where it cannot be excluded or limited under applicable law. This includes liability for damage caused intentionally, liability for death or personal injury caused by our fault, and any liability under mandatory consumer protection law. Your statutory rights as a consumer are not affected.

20. Indemnification

To the extent permitted by applicable law, you agree to hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable legal costs, made by any third party arising out of: (1) your Contributions; (2) your use of the Services in breach of these Legal Terms; (3) your breach of these Legal Terms; (4) your breach of your representations and warranties; (5) your violation of any applicable law; or (6) your violation of the rights of a third party, including intellectual property or privacy rights. If you are a consumer, this applies only to loss caused by your breach of these Legal Terms or your unlawful conduct.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with our defence of such claim.

21. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, and we process personal data in accordance with our Privacy Policy. While we take reasonable measures to maintain the data, you are responsible for any data or content you provide to the Services. To the extent permitted by law, and without affecting your statutory rights, we are not liable for loss or corruption of such data caused by factors outside our reasonable control. We recommend that you keep your own copies of any content that is important to you.

22. Electronic Communications

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications from us electronically — via email and through the Services — and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

You may request a copy of any record we maintain in electronic form by contacting us at mikelmusial@gmail.com.

23. Miscellaneous

These Legal Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services. Our failure to enforce any right or provision of these Legal Terms will not be considered a waiver of those rights.

We may transfer our rights and obligations under these Legal Terms to another party, for example as part of a sale or reorganisation of the business, provided this does not reduce your rights under these Legal Terms or applicable law. You may not transfer your rights or obligations without our consent.

We are not liable for any delay or failure to perform caused by any event beyond our reasonable control.

If any provision of these Legal Terms is held to be unlawful, void, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services.

24. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: