PALMARO TERMS OF SERVICE

Palmaro is a digital palmarès for cyclists: one place to collect your race history, results and rider profile.

1. Who provides the Service and what Palmaro is

1. Palmaro is provided by Judyta Gwóźdź, conducting business under the name PRO-CLIP JUDYTA GWÓŹDŹ, ul. Rynek 17, 42-600 Tarnowskie Góry, Poland, Tax ID (NIP): 6452520586, REGON: 382077251.
2. You can contact Palmaro at palmaro.cc@gmail.com.
3. Palmaro is a digital service for adult cyclists. It allows Users to create and store their own race history, results and seasons, use a shared database of race information, and present a rider profile.
4. Palmaro is currently intended primarily for adult Users located in the European Union.
5. Palmaro may be available through a web browser and as a PWA, as well as through applications for Android or iOS devices, including through third-party app stores. The availability of a particular distribution method may change over time.
6. Regardless of how Palmaro is accessed, the User generally uses the same account and the same Palmaro data. Certain features may operate differently or may be unavailable on a particular platform due to the capabilities of the device, operating system, browser, app store rules or other technical limitations.
7. Where Palmaro is downloaded through an app store, the terms of that store operator may also apply to the use of the store itself.

2. Account and use of Palmaro

1. Palmaro uses an email address and a one-time OTP code to create an account and sign in. Palmaro does not require Users to create a traditional password for the Service.
2. Creating a rider profile requires acceptance of these Terms and confirmation that the User has read the Privacy Policy.
3. Users should provide truthful information about themselves and record only their own race participations and results. Impersonating another person is prohibited.
4. An account is intended for one person and should not be shared with another person in a manner that allows them to act on the User’s behalf.
5. The agreement to use Palmaro is concluded for an indefinite period when the account is created. The User may terminate it at any time by deleting the account.
6. Using Palmaro requires an internet-connected device, current software capable of accessing the relevant version of the Service, and access to the email address assigned to the account.

3. Free use and possible Premium features

1. Basic use of Palmaro is currently free of charge.
2. Palmaro may introduce additional paid features, packages or a Premium service in the future.
3. Simply having an account will never result in automatic charges. The price and terms of any paid feature will be presented before purchase, and using it will require an explicit decision by the User.

4. Public profile and visibility of data

1. One of Palmaro’s core purposes is to allow Users to create a profile presenting their cycling race history.
2. A profile is public by default. The User is informed of this when creating the profile and may change its visibility at any time in the account settings.
3. A public profile may be accessible without signing in through a unique URL, shared with other people and indexed by external search engines.
4. A profile appears in Palmaro’s public rider search only after the User has added at least one race.
5. Activity links added by the User are public by default on a public profile. The User may disable public display of activity links in the account settings.
6. Changing a profile to private limits its availability within Palmaro. It cannot, however, undo information previously saved, copied or shared by third parties outside Palmaro or immediately remove previously indexed information from the cache of external search engines.
7. Private race notes are not intended for public display. Further information on how data is processed and displayed is provided in the Privacy Policy.

5. What races may be added

1. Palmaro is intended for documenting participation in real-world cycling races within disciplines supported by the Service. The range of supported disciplines may be expanded over time.
2. For the purposes of Palmaro, a Race means an organised cycling competition that actually took place and whose occurrence or results can reasonably be verified. A Race does not have to be federation-sanctioned or licensed.
3. Users must not add, in particular:
   • fictional events or races that did not take place;
   • training sessions, private group rides, informal rides or similar activities that do not constitute organised competition;
   • races held exclusively in a virtual or esports environment, including events on platforms such as Zwift or MyWhoosh;
   • records created solely for testing, spam, advertising, intentional duplication or deliberate pollution of the shared database.
4. Palmaro may correct, hide or remove a Race that does not comply with these rules.

6. Shared race, result and source data

1. Palmaro uses a shared layer of race data. It may include, among other things, the race name, date, discipline, route or variant, country, location, distance, elevation gain, classifications, classification sizes and links to results.
2. Such data may be added by Users, by Palmaro, or determined on the basis of publicly available information from race organisers, official timing providers, official result documents or other reliable sources.
3. Where reasonably possible and appropriate, Palmaro provides a link to the results, organiser or another source allowing the data to be verified. The absence of such a link does not mean that Palmaro claims authorship of publicly available facts about a Race.
4. Palmaro is not intended to reproduce entire third-party databases without an appropriate legal basis. Shared data is created and organised for the operation of Palmaro and for the race histories of its Users.
5. Palmaro is not the organiser of the Races and is not an official timing service. Information displayed in Palmaro may contain errors or be incomplete and does not replace official information published by the organiser or timing provider.

7. Organisation and modification of shared race data

1. Race and classification data is shared between Users and is not exclusively a private entry belonging to the person who first added it.
2. To maintain the quality and consistency of the database, Palmaro may in particular correct data, standardise names, supplement information, adjust variants or classifications, merge duplicates, separate incorrectly combined records, change an event status, and hide or remove incorrect or unnecessary records.
3. As a result, a race saved in a User’s profile may later appear under a corrected or standardised race name, variant, location or classification.
4. Organising shared race data does not give Palmaro the right to arbitrarily change a User’s personal result. Where there is a justified reason to correct such a result, Palmaro may contact the User or take other action permitted by these Terms and applicable law.
5. Users may report an error or request a correction through the relevant form in the application or by contacting palmaro.cc@gmail.com.

8. Content and data added by Users

1. The User is responsible for content and information they submit to Palmaro, including its legality and their right to use it.
2. In particular, the User should have the right to use the profile photo and other materials uploaded to Palmaro.
3. Users must not add content or data that:
   • is unlawful or infringes the rights of another person;
   • is abusive, threatening, discriminatory or promotes violence;
   • contains knowingly false information about another person or is intended to impersonate them;
   • contains another person’s personal data without an appropriate legal basis;
   • constitutes spam, advertising unrelated to the functionality of the Service or deliberate database pollution;
   • is intended to bypass security measures or manipulate results, statistics or the operation of the Service.
4. Users retain ownership of their own content. They grant Palmaro a non-exclusive right to store, technically process and display that content to the extent necessary to provide the Service and in accordance with the User’s privacy settings.

9. Moderation, reports and action against abuse

1. Palmaro generally does not review every item of information before it is published. Incorrect, prohibited or unlawful content may therefore remain visible until it is detected, reported and reviewed.
2. Content, profiles or activity that may violate the law, these Terms or the rights of another person may be reported using available forms in the application or by contacting palmaro.cc@gmail.com.
3. Where a report concerns potentially illegal content, it should, where possible, identify the exact URL or other location of the content, explain why it is considered illegal, provide the reporting person’s contact details and include confirmation that the report is made in good faith and is accurate and complete to the best of that person’s knowledge.
4. Palmaro reviews reports with due care, in a reasonably timely, objective and non-arbitrary manner.
5. Depending on the nature of the issue, Palmaro may, among other things, correct, hide or remove content or data, restrict access to a particular feature, request an explanation from the User, temporarily suspend the account or terminate the Service and delete the account.
6. An account may be suspended or deleted in particular where there is a justified suspicion of impersonation, knowingly false data, serious or repeated spam or database pollution, unlawful or abusive content, attempts to compromise security, or other serious or repeated breaches of these Terms.
7. In cases of serious or repeated abuse, Palmaro may also prevent the creation of another account using a particular email address and use proportionate technical measures to prevent further abuse, including temporary restrictions associated with certain IP addresses or other technical identifiers.
8. Moderation measures should be proportionate to the infringement. Where required by law, Palmaro will provide the affected User with a clear explanation of the reason for the restriction and any available means of challenging it. A User may request reconsideration by contacting palmaro.cc@gmail.com.

10. Prohibited use and automated data collection

1. Without Palmaro’s prior permission, Users must not:
   • automatically or systematically download, copy or reproduce Palmaro content using bots, scrapers, crawlers or similar tools;
   • bypass security controls, access restrictions, technical limits or privacy mechanisms;
   • take actions that may interfere with, overload or destabilise the Service;
   • obtain unauthorised access to accounts, data or infrastructure;
   • use Palmaro in a manner contrary to law or the rights of another person.
2. The prohibition on automated collection does not apply to ordinary indexing of public pages by general-purpose search engines in accordance with Palmaro’s technical settings or to activities expressly permitted by mandatory law.

11. Rights to Palmaro and data

1. The Palmaro name, visual identity, software, application layout and materials created by Palmaro are protected to the extent provided by applicable law.
2. These Terms do not give Palmaro ownership of User-owned content or of publicly available facts concerning sporting events.
3. Access to individual public items of information in Palmaro does not grant the right to systematically copy the Service, its structure or its database.

12. Account deletion and termination

1. The User may delete the account at any time using the relevant function in the application or contact Palmaro if technical difficulties prevent deletion.
2. Deleting an account results in the removal of data relating exclusively to that User in accordance with the Privacy Policy, subject to backups, information required for security or the establishment or defence of legal claims, and legal obligations.
3. Shared information about Races or classifications previously added by the User may remain in Palmaro where it is used by other Users or is necessary to preserve the consistency of the shared database. In that case, the association with the deleted User may be removed or anonymised.
4. Where an account has been removed because of serious abuse, Palmaro may retain the minimum information necessary to enforce the restriction, maintain security or protect its legal rights, subject to the Privacy Policy and applicable law.

13. Availability, data quality and liability

1. Palmaro takes reasonable steps to keep the Service operational and secure, but does not guarantee uninterrupted availability.
2. The Service may be temporarily restricted or unavailable due to maintenance, updates, infrastructure failures, actions of third-party providers, security incidents or other circumstances beyond Palmaro’s reasonable control.
3. Palmaro does not pre-verify all data submitted by Users and does not guarantee that all race or result data is completely accurate. Where Palmaro receives credible information about an error, it may take appropriate corrective action.
4. Palmaro is not responsible for the content, security or availability of external websites linked from the Service, including organiser websites, timing systems and activity platforms.
5. Nothing in these Terms excludes or limits consumer rights or Palmaro’s liability where such exclusion or limitation is prohibited by mandatory law.

14. Complaints and contact

1. Issues concerning Palmaro, an account, data or the performance of these Terms may be reported to palmaro.cc@gmail.com. Where appropriate, Users may also use the correction form or general contact form available in the application.
2. A complaint should contain enough information to understand the issue and, where necessary, identify the account, Race, content or feature concerned.
3. Palmaro responds to consumer complaints without undue delay and no later than within 14 days of receipt, unless mandatory law requires a different period.

15. Changes to the Service

1. Palmaro is an evolving Service. Features may be added, modified, moved between platforms or withdrawn where justified in particular by product development, security, legal requirements, technological or infrastructure changes, improvements to data quality, the need to prevent abuse or changes in the way a feature is provided.
2. Palmaro may also develop its shared database of Races, results and source links and introduce new ways of searching, presenting or organising such information. Such development does not by itself mean that a feature becomes paid.
3. Changes to a free feature will not automatically result in a charge. Where a feature becomes part of a paid offering, its terms will be presented before the User decides whether to purchase it.
4. Where a change materially affects the way Users use the Service or their rights, Palmaro will provide appropriate advance information in the application, by email or through another suitable channel, taking into account applicable laws relating to digital services.

16. Changes to these Terms

1. These Terms may be amended where justified by changes in law, Palmaro functionality, security requirements, the way the Service is provided, requirements imposed by distribution platforms or the introduction of new types of services, including Premium features.
2. Users will be informed about material changes before they take effect in a manner appropriate to the nature of the change, for example through the application or by email.
3. If a User does not wish to continue using Palmaro under the amended Terms, they may stop using the Service and delete the account. Amendments do not affect acquired rights or mandatory rights of the User.

17. Optional communications about Palmaro

1. Palmaro may in the future allow Users to voluntarily subscribe to communications concerning new features, product development or other marketing communications, for example during onboarding or in the account settings.
2. Such consent is not a condition of creating an account and may be withdrawn using the mechanism provided.
3. Messages necessary for account operation, authentication, security, handling a report or providing information required by law are not treated as marketing newsletters.

18. Languages, governing law and final provisions

1. The Palmaro interface may be available in English, Polish and other languages added as the Service develops. The scope of available translations may differ between versions and platforms.
2. These Terms may be provided in several languages. The Polish version is the source version, subject to mandatory consumer rights arising under European Union law and the law applicable to the individual consumer.
3. These Terms are governed by Polish law, without prejudice to mandatory consumer protections under European Union law and other provisions that cannot lawfully be excluded by agreement.
4. These Terms are made available free of charge in a form that allows them to be saved and reproduced later.
5. Matters not covered by these Terms are governed by applicable law.