Terms & Conditions

Please, read this terms and conditions before you make a purchase. We know, it’s boring.

SHOOTCAPSULE RULES

The herein Rules define the principles of ShootCapsule service operation, run by the ShootCapsule S.A. [Inc.], with the seat in Warsaw, registered in the Register of Entrepreneurs of the National Court Register, kept by the District Court for the Capital of City of Warsaw, 12th Commercial Division of the National Court Register, under the KRS number 0000619448.

Before you use the services we provide in any form, please read the full content of the Rules. Please remember that using our services means that you express your consent to our standards and procedures defined in the Rules.

If you have any doubts as to any provision of the Rules or it does not answer to your mind-boggling question, please contact us! You can find our contact coordinates in the clause 52 of the herein Rules, as well as on our www.shootcapsule.com website.

[DEFINITIONS]

Price-list services rendered by us are payable; the price-list defines the detailed conditions of remuneration and the prices for individual services rendered by ShootCapsule;

Cloud storage means the location where your Data are imported and stored; pursuant to the provisions of the herein Rules, the Data stored in the Cloud, shall then be destroyed by means of the Dispatch;

Information means all digital content sent by you in order for us to provide the Service, including the Data uploaded by you;

Data means personal data in the meaning of the Article 6 of the Act on Data.For the use of the Terms&Conditions, definition of the word Data means also means also Information;

Privacy Policy means the document implemented by us, where we define the rules and principles of how we process the Data, how we collect them, to what extent, why, and how they will be destroyed. The Privacy Policy is available on the shootcapsule.com website;

Rules means the herein Rules, a document defining the conditions of Service provision, including the procedure of Data destruction. You can read the latest version of the Rules on our www.shootcapsule.com website.

Server means the server, via which you can use our Services, including the Data upload, available on our www.shootcapsule.com website or via mobile ShootCapsule application;

Contract by sending your data to us, and after your payment is accepted, you conclude, by means of distance communication, a contract for hosting services and the Dispatch of the Data uploaded by you;

Service means the service provided by us, and consisting of two stages - (i) Data Hosting stage, being the preparatory stage, up to the (ii) stage – the Dispatch stage, namely the Dispatch of Data to outer space;

Act on Data means the Act on Personal Data, dated 29th August 1997 (uniform text, Dz. U. from 2015, item 2135, and 2281)

Act on the Provision means the Act on the Provision of Services by Electronic Means, dated 18th July 2002 (uniform text, Dz. U. from 2013, item 1422);

Dispatch means the second stage of Service – the dispatch of the Data, hosted for you by ShootCapsule, to outer space, resulting in the Data erasure in the meaning of the Article 7, item 3 of the Act on Data;

Unless otherwise provided for in the Rules, the aforementioned meaning shall be always assigned to the terms listed above and written in capital letters.

[CHARACTERISTICS OF THE SERVICE RENDERED BY SHOOTCAPSULE]
1. ShootCapsule provides to you a two-stage Service, including Hosting and Dispatch of Information, including your Data, to outer space, in particular to the Moon. The complete Service is rendered in relation to the data sent by you. If you use the Hosting, you express your consent to the Dispatch of the Data. The Service is a two-stage complete process and it is not possible to perform only one element.

2. You can use the Hosting, the moment the payment is made. When you successfully make the payment, you conclude a contract with ShootCapsule, subject to which the ShootCapsule undertakes to store your Data in the Cloud, and then Dispatch „the Cloud content” to outer space.

3. Within the hosting service, ShootCapsule provides you with 100 MB Cloud storage space. You may save there any Data (subject to the section below), provided that these are your own Data and that they do not exceed the space capacity than the provided for in the Rules. The minimum file size is 100b and the maximum number of files that you may send once, may not exceed 10 thousand files.

4. ShootCapsule mobile application is paid. This is one-time fee as per the rate defined in the Price-list. While using the ShootCapsule mobile application, you can upload one picture or short video completely free.

5. Within Hosting services, ShootCapsule ensures that your Data are stored for a given purpose and for a given period of time, i.e. until their Dispatch, and then erased within the meaning of the Act on Data.

6. When the capsule is full, ShootCapsule saves all the hosted Data to external drives and place them in the space capsule. It makes the Dispatch in a rocket sending the Cloud content to outer space. The Data Dispatch means that they are erased within the meaning of the Act, i.e. it makes it impossible to identify the identity of Data subjects on Earth. Please remember, that all Data that you used our Hosting services for, will be Dispatched.

7. By deciding to use Hosting services, you agree that the Data will be Dispatched and destroyed within the meaning of the Act on Data.

8. The aim of the Dispatch is to send your Data to outer space when the Hosting services are completed, in particular, in order to place them on the surface of the Moon. However, ShootCapsule reserves that the Dispatch of the Data to outer space is of an experimental nature, therefore it cannot guarantee that the Dispatch reaches the programmed destination of the Dispatch. By using the Services and accepting the Rules, you acknowledge the aforementioned reservation.

[RULES GOVERNING THE CONDITIONS OF SERVICE USE]
9. By using our Service, you undertake to use the Hosting in compliance with the generally applicable provisions of law and the appropriation thereof, and not to undertake any actions that aim, in particular, at:
a) placing on the Server the contents which are not in line with Polish law and the rules of social conduct;
b) intentional or unintentional activity detrimental to the interest of other users, and other activity detrimental to the interest of ShootCapsule;
c) uploading to the server, such elements as P2P network trackers, proxy servers, RapidLeech type programs, warez websites, browser games, programs transmitting sound or images in real time, files used by other servers not administered by ShootCapsule;
d) transferring to third parties the right to use the Services without the consent and knowledge of ShootCapsule;
e) intentional or unintentional destabilization of the Hosting system;
f) intentional or unintentional activity resulting in criminal offence in the meaning of the generally applicable provisions of law;
g) breaching the rights of third parties, in particular breaching the copyrights and the Act on Data.

10. Where the ShootCapsule finds a breach of the conditions defined in the clause above, and other provisions of the Rules, ShootCapsule has the right to cease further Hosting services or limit its functionality, and to undertake further actions to prevent such effects of the infringement of the Rules. ShootCapsule shall bear no responsibility for the discontinuation of the provision of Hosting services to you if such discontinuation results from an infringement of the Rules. Discontinuation of Hosting services makes the Dispatch of your Data not possible.

11. While using our Services, you may solely import your own Data. Pursuant to the Article 12–15 of the Act on the Provision of Services, ShootCapsule is not responsible for the verification of the data delivered, stored or disclosed by you, as referred to in the Article 12-14 of the Act on the Provision of Services.

12. Please remember that you are solely and fully responsible for the data imported via the Server. ShootCapsule is not responsible for the Data being the subject of the Hosting services pursuant to the Article 14 of the Act on the Provision of Services.

13. If any new technological solutions emerge, we will inform you about this via our website, social media channels or, if you agreed to receive the newsletter, via e-mail.

14. Hosting and Dispatch services commence solely when the remuneration paid by you, according to the rates provided for in the Price-list, is credited to our account.

15. As a user of our Service, you hereby declare that:

(i) you will be fully responsible for the Data uploaded by you, including personal data, as well as their correctness, and you guarantee that you upload your Data only, neither breaching generally applicable provisions of law nor any rights of third parties;

- you will not use ShootCapsule for any activity which is contrary to law, and the Rules, or the interest of ShootCapsule or interest of third parties;

- you will not use ShootCapsule for any purpose other than the purposes specified in the herein Rules;

- you will not breach, and you will protect against any breach of third parties, the intellectual property of ShootCapsule and the secret of the enterprise;

- you have read and accepted the Rules as well as the Privacy Policy;

- the Data uploaded by you refer to you only and are true.

16. By using the Service, you agree to the Data processing for the purpose of Hosting and Dispatch services. Your consent to the Data processing is voluntary, but it is essential for the provision of the Services by ShootCapsule.

17. Moreover, you may, express your consent to receive a newsletter to the e-mail address provided by you. In the newsletter, you will find the information on the latest status of your Dispatch. Therefore, you will always know how much free space the capsule still provides and what is currently going on with the Dispatch of your Data.

18. Accepting the provisions of the herein Rules, by using the payment system and completing the payment procedure, you conclude the contract.

[DATA HOSTING]
19. By uploading Information via Server, you agree to the Hosting services. You are the person entirely responsible for the content of the Data uploaded by you and whether they comply with the provisions of law.

20. Hosting is a preparatory step for the Dispatch.

21. Hosting will be provided to you for the time necessary to complete all the actions indispensable to make the Dispatch. When the period ends, the Data will be Dispatched, and their retrieval will not be possible.

22. While Hosting, the Data are neither processed nor sorted. When the Data are sent via Server, they await in the Cloud as long as the Cloud capacity is full and the Dispatch may be performed.

23. ShootCapsule outsources the Cloud storage support to a professional third party provider which, to the best knowledge of ShootCapsule, provides the highest possible level of Data safety. ShootCapsule has neither access to the Data uploaded, nor possibility to perform any actions other than the Dispatch.

24. While using the ShootCapsule mobile application, you can publicly disclose the Information uploaded by you, which may include your Data. You are entirely responsible for the Information that you choose to disclose.

25. The moment the Data are sent to outer space, is considered as the destruction of Data within the meaning of Article 7 item 3 of the Act on Data.

26. Hosting is provided as long as the Data are successfully uploaded and the payment via Server is made, until the moment of Dispatch.

27. Hosting services are provided within the remuneration for the use of Services, according to the Price-list.

[DISPATCH]

28. By deciding to use our Services, you acknowledge and accept the fact that the Dispatch, although we have exercised the greatest amount of care and diligence, may reach a destiny in outer space, other than the one intended.

29. The Dispatch commences the moment the Cloud is full to its capacity. You may constantly monitor the free space available in the Cloud via our website and Social Media channels. If you have agreed to receive e-mails on the latest status of the Dispatch, you will receive additional information to the e-mail address provided by you.

30. To secure the highest level of safety, in the event that, due to extraordinary events, in particular force majeure, it would be necessary to repeat the Dispatch, ShootCapsule makes Data backups. The Data will be destroyed, the moment the subsequent Dispatch is completed.

[COMPLAINTS]
31. If you are of the opinion, that ShootCapsule failed to provide the Services or provided them unduly, you may file a complaint. By doing so, you have to define:
a) your personal data;
b) the subject of the complaint along with its substantiation.

29. Please send the complaint by registered mail to our address. We will handle the complaint within 14 days from its receipt and then we will send you our decision along with substantiation.

30. As the access to the Data after their Dispatch is not possible, the effect of the complaint cannot be the return and a claim to obtain access (modification) to the Data.

31. Due to the nature of the Dispatch, connected with the destruction of Data within the meaning of the Act on Data, and provided that it cannot be guaranteed that the Dispatch reaches a desired destination, we do not provide for any claims referring to the service of the Dispatch.

[PAYMENTS]
32. The Service rendered by ShootCapsule are payable. Detailed rates of remuneration for Hosting and Dispatch services are defined in the Price-list constituting an integral part of the herein Rules.

33. All payments for the Service are made via PayPal account or other payment systems approved on the ShootCapsule website.

34. Payments are made, among others, via PayPal at the websites indicated in the “Payments” tab. To the best knowledge of ShootCapsule, the entities offering payment services via indicated websites, guarantee the safety of your transactions. However, these are solely third party providers, entirely independent from us. If you have any queries or doubts, please read the rules and the privacy policy of such providers.

35. The remuneration for the Service includes VAT tax as per the rates generally applicable in the country of the user.

36. All settlements are made by us electronically. By using our Services, you express consent to receive payment confirmations via, among others, PayPal system, in an electronic form.

[CONFIDENTIALITY POLICY]
37. Please remember that the Service is protected by intellectual property right, while its operation constitutes the secret of the enterprise. You may neither use the Service mechanism, nor disseminate any information on how it works, without the consent of ShootCapsule.

[CONTRACT TERMINATION]
38. Due to the destruction of Data during the Dispatch, you may not terminate the Contract.

39. You may withdraw from the Contract within 14 days from its conclusion, however not later than a week before the Dispatch date. It is not possible to withdraw from the contract after this date.

40. ShootCapsule may terminate the contract with immediate effect if you violate generally applicable provisions of law, the provisions of the Rules or the rights of third parties, and if you have withdrawn the consent provided to ShootCapsule to process the Data or requested them to be erased in whole or in part.

[CHANGES TO THE RULES]
41. ShootCapsule reserves the right to amend the Rules or Privacy Policy.

42. If any amendments are made, you will be informed with at least thirty (30 day) day notice via all available communication channels, in particular via our website and social media. If you expressed your consent to receive information on the latest status of the Dispatch, we will send you relevant information via e-mail.

43. Any amendments come into effect as of the date defined in the information on the amendments.

[RESPONSIBILITY]
44. ShootCapsule reserves that:
- shall not be responsible for any damage, including lost benefits, as well as data and information loss due to the Dispatch;
- shall not be responsible for any damage, including lost benefits, due to the Dispatch failure for technical reasons;
- shall not be responsible for the unlawful use of the Hosting, regardless of the manner it is used;
- shall be liable against you up to the maximum amount of remuneration paid by you to ShootCapsule;
- you are solely responsible, including responsibility against us, for the database imported via the Server.

[DATA PROCESSING]
45. ShootCapsule spółka z ograniczoną odpowiedzialnością [Ltd.], with the seat in Warsaw, registered in the Register of Entrepreneurs of the National Court Register, kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000619448, shall be the Data Administrator.

46. The data shall be processed solely subject to the Act on Data or after you express a relevant consent (if you agreed to receive e-mails on the latest status of the Dispatch).

47. You may withdraw your consent at any moment. Please remember however, that to provide you with our Service, we need your Data. Without the Data, we may not render the Service. We also have the right to terminate the Contract with immediate effect.

48. You may request us to erase part or all your Data, solely at the Hosting stage. To request erasing part or all the Data, you have to give us the generated certificate number. Your request will be sent to a professional third party provider supporting the Cloud storage. However, due to the nature of our Service, when the Data is erased, we may not longer be able to provide the Service to you.

49. Moreover, we have the right to terminate the Contract with immediate effect. We may refuse to erase your Data if you have breached the Rules, generally applicable provisions of law or any rights of third parties, and keeping your Data is a prerequisite to establish the circumstances of such breach or potential responsibility.

50. With the Dispatch, all the Data will be erased; therefore you are not entitled to a separate request to erase the data.

51. To ensure safety of your Data, we have implemented all necessary technology and organizational securities, defined in the Privacy Policy applied by ShootCapsule.

[FINAL PROVISIONS]
52. If earlier communication is not contrary to this, you may send all your declarations to:
- e-mail address: info@shootcapsule.com
- by letter, to the address:
ShootCapsule S.A.
ul. ROGALIŃSKA 1 /51
01-206 Warszawa

52. In all matters not covered by the Rules, the provisions of law generally applicable in the territory of the Republic of Poland, shall apply.

53. The Rules in the above version shall have effect as of May 24th 2016.

Price-list of ShootCapsule Service

1. The service provided by ShootCapsule is payable.

2. All payments for the Service shall be made via PayPal account or other payment systems approved on the ShootCapsule website.

3. The remuneration for the Service, is the final amount (gross amount), including VAT tax, subject to the rates adopted in the country of a user.

4. Via website www.shootcapsule.com users can upload files up to maximum size of 100MB for 0,99$.

5. ShootCapsule mobile application avaiable in AppStore is paid. This is one-time fee of 0,99$ charged at the time of downloading the application.

6. When you successfully make the payment transfer, you conclude a contract with ShootCapsule, based on which, ShootCapsule undertakes to store your data in the Cloud and then Dispatch the content of the Cloud to outer space.

7. The minimum size of the file uploaded to the Cloud is 100b, while the maximum is 100MB. The maximum number of files that may be uploaded once is 10 thousand files.

8. According to the best knowledge of ShootCapsule, the providers, offering payment services via the indicated websites, guarantee the safety of your transactions.

SHOOTCAPSULE PRIVACY POLICY

The herein Privacy Policy defines the principles of Data collecting and processing while using the ShootCapsule service run by the ShootCapsule S.A (Inc.), with the seat in Warsaw, registered in the Register of Entrepreneurs of the National Court Register, kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under the KRS number 0000619448.

ShootCapsule cares for your privacy. All the information hosted by you and Dispatched are anonymous. To be able to use our Services, you do not have to submit any Data; it is you who decide what information you want to Host and Dispatch, and whether you want to subscribe to our newsletter. You may also use the Service when there are no Data amongst the information that you upload.

To help you better understand how our Services work, how we collect, process and secure the information uploaded by you, please read the Privacy Policy. By using our Services, you confirm that you have read the herein Privacy Policy and accept its wording.

If you have any doubts as to any provision of the Privacy Policy or it does not answer your mind-boggling question, please contact us! You can find our contact coordinates in the clause 26 of the Privacy Policy, as well as on our www.shootcapsule.com website.

[DEFINITIONS]

Cloud storage means the location where your Data are imported and stored; pursuant to the provisions of the Rules, the Information stored in the Cloud, including the Data, shall then be destroyed by means of the Dispatch;

Hosting means the first stage of our Service, namely making the resources of the ShootCapsule ICT [Information and Communication Technology] system available in order for you to store your Data for 14 days, until the Dispatch is prepared;

Privacy Policy means the herein document, where we define the rules and principles of how we process the Data, how we collect them, to what extent, why, and how they will be destroyed. The Privacy Policy is available on the website [.];

Processing means the operations performed upon the Data. By Processing, we mean such actions as collecting, recording, storing, processing, altering, disclosing, and erasing, and, in particular, the operations that aim at the provision of Service to you;

Rules means the Rules related to the Service provided by us. The Rules and the Privacy Policy should be read jointly, as only together, they will help you understand the mechanism of the provision of our Service. You can read the latest version of the Rules on our www.shootcapsule.com website.

Server means the server, via which you can use our Services, including the upload of Information, available on our www.shootcapsule.com website or via mobile ShootCapsule application;

Service means the service provided by us, and consisting of two stages - (i) Data Hosting stage, being the preparatory stage, up to the (ii) stage – the Dispatch stage, namely the dispatch of Data to outer space;
Information

Data means all digital content sent by you in order for us to provide the Service, including the Data uploaded by you;

means personal data in the meaning of the Article 6 of the Act on Data
Act on Data means the Act on Personal Data, dated 29th August 1997 (uniform text, Dz. U. from 2015, item 2135, and 2281)

Act on the Provision means the Act on the Provision of Services by Electronic Means, dated 18th July 2002 (uniform text Dz. U. from 2013, item 1422);

Dispatch means the second stage of Service – the dispatch of the Data, hosted for you by ShootCapsule, to outer space, resulting in the Data erasure in the meaning of the Article 7, item 3 of the Act on Data;

Unless otherwise provided for in the Privacy Policy or the Rules, the aforementioned meaning shall be always assigned to the terms listed above and written in capital letters.

[COLLECTING INFORMATION]
1. Our Service means collecting Information. However, the Information is not always the Data; you, and only you, decide what Information you want to share via the Server.
2. It is not us, that you send the Information to, via the Server. To provide you with our Service, we do not need your Name or Surname, therefore you do not need to go through any arduous registration process where you have to give your name, surname or e-mail address.
3. Our entire Service, so also submitting Information, including the Data, is voluntary. We never ask you to provide the Data that we do not need.
4. You can, if you want, give us your e-mail address. You will receive our newsletter to the e-mail address provided by you. It is voluntary to provide your e-mail address. You may withdraw your consent at any moment. You also have access to your Data provided at the registration to subscribe for the newsletter; you can change them, correct them or require their deletion at any moment.

[DATA PROCESSING]
5. You choose what information you want to provide to us. The Information uploaded via the Service may, but do not have to, include any Data.
6. Once you provide us with the Data, we become their administrator within the meaning of Article 7 item 4 of the Act on Data. Therefore, ShootCapsule, with the seat in Warsaw, registered in the Register of Entrepreneurs of the National Court Register, kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000619448, becomes the Data Administrator.
7. Your Data are Processed with your consent solely or where the legislation in force so provides.
8. We Process Your Data:
- in order to provide our Service.
- if you have subscribed to our newsletter, also for marketing purposes, i.e. to send you the information on the latest status of your Dispatch. Prior to sending such information, we ask for your permission. You only have to tick the right box in the form on our website.
11. While Hosting or Dispatch, the Data are not subject to processing or sorting. When the Data are transferred via the Server, the Data await in the Cloud as long as the Cloud storage space fills to capacity and the Dispatch is made.
12. While using the ShootCapsule mobile application, you can publicly disclose the Information uploaded by you, which may include your Data. You are entirely responsible for the Information that you choose to disclose.

[ACCESS TO, CHANGING OR ERASING THE DATA]
13. Due to the nature of our Service, after the Dispatch is completed, it will not be possible to retrieve the Information, including Data.
14. As you may already know, when the Information is uploaded via the Server, the Hosting of Information step, including data, commences. However, Hosting is solely a preparatory step before the Dispatch and is only provided as long as all necessary actions, to make the Dispatch, are performed. Please remember that when the period ends, all the Information, including the Data, will be Dispatched, and accessing or retrieving them, will not be possible.
15. The moment the Data are sent to outer space, is considered as the destruction of the Data within the meaning of Article 7 item 3 of the Act on Data.
16. By deciding to use Hosting services, you agree that your Data will be destroyed within the meaning of the Act and you acknowledge that, when the Hosting step is completed, access to the data, request to correct them or otherwise erase them than by means of the Dispatch, will not be possible.
17. At each step, you will be however informed what happens to the Information. The status of the Dispatch may be tracked on our Website, via social media or, if you agreed to receive the newsletter, via e-mails informing on the latest status of the Dispatch sent to the e-mail address provided by you.
18. If you have provided us with your e-mail address, that constitutes the Data, you can, at any moment:
- contact us to obtain information on the content of the Data provided by you when registering to the newsletter’s subscription and how exactly they are used;
- update and change your e-mail address;
- withdraw your consent to the Processing, and also request us to delete the e-mail address provided when registering to the newsletter subscription, in part or in whole. Please remember however that it may be no longer possible for you to receive the newsletter.
19. Exceptionally, we may not agree to delete your Data. This may be the case when you breach the Server Rules or the Privacy Policy, and violate generally applicable provisions of law. We will then keep the Data solely to establish the circumstances of such breach or potentially establish the liability for such breach.

[COOPERATION WITH PROFESSIONALS]
20. When the Information is uploaded via the Server, the Information, including the Data, will be transferred to the Cloud.
21. ShootCapsule outsources the Cloud storage support to a professional third party provider which, to the best knowledge of ShootCapsule, provides the highest possible level of Data security. ShootCapsule has neither access to the Information uploaded, nor the possibility to perform any actions other than the Dispatch.
22. Using the Server, you acknowledge and accept that the Cloud storage is supported by an external provider, while ShootCapsule is solely a link between your Information and the provider supporting the Cloud storage. Using the services of an external provider is a prerequisite to make the Dispatch and perform the Service.
23. Please remember that your Data may be transferred to the countries out of the European Economic Area, solely if the countries fulfill the requirements concerning the Data as stipulated in the Directive 95/46/EC of the European Parliament and Council of the European Union on the protection of individuals with regard to the processing of personal data and the free movement of such data.
24. ShootCapsule transfers the Data to the United States of America, solely to such entities that meet the requirements of personal data protection as stipulated on the territory of the European Union and provide the Data with a due level of security.

[DATA SECURITY]
25. To ensure the highest level of the Data security, we apply high level of security and keep all the Information delivered to us confidential. Therefore, we have implemented a Security Policy, and we meet all the obligations imposed on us by generally applicable provisions of law.

[CONTACT]
26. In case of any queries, please contact us:
• at the following address: ShootCapsule S.A.
ul. ROGALIŃSKA 1 /51, 01-206 Warszawa
• at the e-mail address: info@shootcapsule.com;
• at the phone number: +48 730 333 337;