Terms of Service
This is a courtesy translation. The Polish version is the binding one — read it here.
§1. General
- These Terms govern the granting of a Licence to use the Operator's software, provided at kinaraonline.eu together with its associated online game (the “Service”, the “Application”), including paid extensions of the scope of that Licence using Kinara Coins.
- The Operator's business is supplying software and licensing its use. The Operator does not sell goods and does not transfer ownership of virtual content — see §5a.
- The Terms are provided free of charge before a contract is concluded, in a form that can be downloaded, stored and printed.
- Using the Service means accepting these Terms.
§2. Operator
The Operator is the owner of the kinaraonline.eu Service.
E-mail: kirinthegracz@gmail.com
Enquiries about the Service, payments and complaints go to the e-mail address above.
§3. Definitions
- Application — the Operator's software provided through the Service (the website, the game server and the game client) together with all of its elements, including code, graphics, sound, descriptions, names and all virtual content.
- Licence — the non-exclusive, non-transferable and revocable right granted to the User to use the Application on the terms set out in §5a.
- User — a person using the Application under the Licence.
- Account — the set of data and permissions in the Application assigned to a User so that they can use it. An Account is part of the Application and remains the property of the Operator; the User obtains only the right to use it.
- Character — a character in the Application linked to an Account, part of the Application and remaining the property of the Operator.
- Kinara Coins — the Application's unit of account, bought for money and usable only to unlock additional functionality of the Application. They are not electronic money, a means of payment or a thing; they cannot be exchanged back into money and are not the User's property.
- Premium — a time-limited extension of the scope of the Licence to additional functionality.
- Character Bazaar — the functionality allowing the right to use a Character to be transferred between Accounts in exchange for Kinara Coins.
§4. Technical requirements
- Internet access, a browser accepting cookies, and a working e-mail address.
- The game requires downloading and running the game client provided in the Service.
§5. Accounts
- Registration is free and voluntary.
- The User must give a genuine e-mail address and keep their credentials secure. The Operator is not liable for the consequences of sharing credentials with third parties.
- One person may hold one Account unless the Operator decides otherwise.
- The User may stop using the Service at any time.
§5a. Licence, ownership of the Application and copyright
- The Application — including Accounts, Characters, virtual items, Kinara Coins and all other virtual content — is the exclusive property of the Operator and is protected by copyright.
- What the Operator provides is a Licence to use the Application, not a sale of goods or property rights and not a transfer of ownership of any virtual content. In buying Kinara Coins or Premium the User acquires an extension of the scope of the Licence — access to additional functionality of the Application.
- The Licence is non-exclusive, non-transferable and granted for an indefinite period, for personal, non-commercial use of the Application in accordance with these Terms.
- The User holds no ownership right to an Account, a Character or any virtual content, and no claim to their preservation, restoration, recreation or valuation.
- The following are prohibited in particular: reproducing, decompiling, modifying or creating derivative works of the Application, circumventing its protections, and sharing, renting, lending or selling an Account, a Character or virtual content outside the functionality provided in the Application (the Character Bazaar).
- The Operator reserves all rights not expressly granted to the User in these Terms.
- The Operator may at any time change, develop, limit or withdraw individual functionality of the Application, and may cease providing it entirely, announcing this in the Service 30 days in advance; in that case the User is entitled to a proportional refund of the fee for any unused, paid-for Premium period.
§6. Acceptable use
- Automation software (bots, macros, auto-clickers), exploiting defects for gain, and acting to the detriment of other Users are prohibited.
- Detailed gameplay rules are on the Rules page, which supplements these Terms.
- Selling Accounts, Characters or virtual items for money outside the features provided by the Service is prohibited.
§7. Purchases in the Service
- Paid services and their prices are shown on the Kinara Shop page. All prices include tax and are in Polish złoty (PLN).
- Payments are handled by the payment provider HotPay. The Operator never receives or processes card or bank details.
- The contract is concluded when the payment provider confirms the payment.
- What was bought is credited to the Account immediately on confirmation, with no further action by the User.
- Coins belong to the Account, do not expire, and cannot be exchanged for money or moved to another Account, except when settling a Character Bazaar transaction.
§8. Spending Kinara Coins
- Coins may be spent on the services offered in the Service, at the prices shown there.
§9. The Character Bazaar
- A User may auction their own Character for Kinara Coins if it meets the conditions shown in the Service.
- A Character on auction is frozen for the duration: it cannot be logged in to, cannot receive money or items, and its state cannot be changed.
- Bidding uses maximum bids. The leading bidder's coins are reserved on their Account and released when they are outbid or when the auction settles.
- When the auction ends, the final price is taken from the buyer and the Character is transferred to their Account.
- The Operator charges a commission of 5% of the final price. The seller receives the final price less that commission.
- What a Bazaar transaction transfers is only the right to use the Character between Accounts within the Application. It is not a sale of goods or property rights and not a transfer of ownership of the Character, which remains the Operator's property (§5a).
- Resources belonging to the Account rather than the Character — in particular Kinara Coins, Premium and the Museum collection — are not part of the transaction and stay with the seller.
- The Operator is not a party to transactions between Users and is not responsible for a buyer's expectations as to a Character's value. The figures shown in an auction are a snapshot taken when it was listed.
§10. Right of withdrawal
- A consumer has the right to withdraw from a distance contract within 14 days without giving a reason.
- That right does not apply to contracts for digital content not supplied on a tangible medium where performance began with the consumer's express prior consent and after they were informed that they would lose the right — Article 38(13) of the Polish Consumer Rights Act of 30 May 2014.
- The Service does not collect the separate consent described in paragraph 2. The exclusion of the right of withdrawal therefore does not apply, and a consumer has 14 days from the conclusion of the contract to withdraw from a purchase in the Service (§7(1)).
- A withdrawal notice goes to the e-mail address in §2. The amount paid is refunded within 14 days. The coins and Premium time concerned are removed from the Account; if they have already been used, the Operator settles the refund in proportion to the benefit already taken.
- This does not affect rights arising from the service not conforming to the contract.
§11. Complaints
- Complaints go to the e-mail address in §2, quoting the Account name, the date and amount of the payment, and a description of the problem.
- Complaints are answered within 14 days, to the address they were sent from.
- If paid-for coins were not received, the Operator delivers them or refunds the amount.
§12. Liability and availability
- The Operator aims for continuous availability but reserves the right to maintenance breaks, updates and changes to gameplay — including rules, items and virtual values — which are inherent to an online game.
- Virtual items, Characters, Accounts and Kinara Coins are not the User's property in the legal sense, have no real-world value and cannot be exchanged for money. The User holds only the Licence (§5a), and changes to gameplay may affect their parameters and availability.
- The Operator is not liable for force majeure or for problems caused by the User's own software or hardware.
§13. Account suspension
- The Operator may suspend the Licence or block an Account for: breach of these Terms or the gameplay rules, use of automation software, exploiting defects in the Application, acting to the detriment of other Users or the Operator, breach of the law, circumventing the Application's protections, attempting to sell an Account or Character outside the Character Bazaar, and where the security or integrity of the Application is at risk — after a warning, unless the breach is gross or a warning would serve no purpose.
- Independently of clause 1, the Operator may block or delete an Account for any reason, including without giving a reason — in particular where the Service is discontinued or reduced. The Operator notifies the User of such a block or deletion at the e-mail address attached to the Account. In that case clause 4 does not apply, and unused coins and any unused Premium period are refunded under §11.
- In the case described in clause 1, the Operator tells the User the reason for the suspension or block.
- A block caused by the User does not entitle them to a refund of unused coins or of an unused Premium period.
- The User may appeal under §11.
§14. Personal data
- The data controller is the entity named in §2.
- Data (e-mail address, Account name, IP address, payment history) is processed to provide the service and settle payments — GDPR Art. 6(1)(b) — and to secure the Service and pursue claims — Art. 6(1)(f).
- Payment data is processed by the payment provider as a separate controller.
- Data is kept for as long as the Account exists; billing records for the period required by tax law.
- Users have the right of access, rectification, erasure, restriction, objection and portability, and may complain to the Polish data protection authority (UODO).
- The Service uses cookies necessary to keep a signed-in session.
§15. Changes
- The Operator may change these Terms for good reason (changes in law, in the scope of the service, or security), announcing it in the Service 14 days in advance.
- Changes do not affect contracts already performed.
§16. Final provisions
- Polish law applies. This does not deprive a consumer of the protection of the mandatory rules of the law of their habitual residence.
- Consumers may use out-of-court dispute resolution, including the ODR platform: ec.europa.eu/consumers/odr.
- The Polish version is binding; this English translation is for information only.