Terms of Service

1. Who we are and what these Terms cover

These Terms of Service (the "Terms") govern your use of Retree, the team retrospective service available at https://retr.ee (the "Service"). The Service is operated by Dawid Zbiński, an entrepreneur registered in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), with the place of business at ul. gen. Władysława Sikorskiego 15/15, 34-400 Nowy Targ, Poland, tax identification number (NIP) 7352921429, statistical number (REGON) 528114982, EU VAT number PL7352921429 ("we", "us", "our").

These Terms are the regulations (regulamin) for services provided by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means. They are available free of charge at https://retr.ee/terms at any time, in a form that lets you obtain, reproduce and store them.

By starting or joining a retro, or otherwise using the Service, you enter into an agreement with us on these Terms. If you do not agree with them, do not use the Service.

If you use the Service on behalf of a company or another organisation, you confirm that you are authorised to accept these Terms for that organisation, and "you" then includes that organisation. An organisation that needs a data processing agreement for its team's use of the Service can request one at dawid@zbinski.dev.

In these Terms:

• Retro — one retrospective session created in the Service, together with everything entered into it.
• Retro link — the unique address under which a retro is reached; holding it is what gives access.
• Participant — anyone who has joined a retro; host — the participant who currently controls its stage, timer and settings.
• Your Content — everything you enter into the Service (section 5).
• Consumer — a natural person using the Service for purposes unrelated to their trade, business or profession.

Our Privacy Policy explains how we handle personal data. It is not part of these Terms, but you should read it.

2. The Service

Retree lets a team run a retrospective from a single link. A participant creates a retro, shares its link, and the team writes cards in four columns (Liked, Disliked, Improve, Stop), groups related cards, votes on them, discusses the top items and records action items. A retro moves through the stages preparation, grouping, voting, discussion and finished under the control of a host. Every change is shown to every participant in real time.

The Service is provided free of charge. There are no user accounts: a retro is identified by its link, and each participant is identified by an identifier stored in their browser together with a display name they choose (see the Privacy Policy). We may introduce paid features in the future; any such feature will be described, together with its price, before you are asked to pay for anything.

3. Who may use Retree

You must be at least 16 years old to use the Service. The Service is intended for teams and organisations. If you use it as a consumer, the mandatory consumer-protection rules of the law applicable to you take precedence over anything in these Terms to the contrary.

4. Retro links, hosts and participants

• Retro links are unguessable, but they are not secret from anyone who receives them. Anyone who has a retro link can open the retro, join it, read every revealed card, vote, and add or edit action items. Share links only with the people who should take part, through channels you trust. We cannot verify who holds a link, and we are not responsible for what someone you shared a link with does inside the retro.
• The person who creates a retro becomes its host. Any participant can take over hosting at any time without the previous host's confirmation; this is a deliberate feature of the Service. The host controls the stage, the timer and the "anonymous cards" setting.
• A retro's contents are visible to its participants according to the stage rules of the Service: during preparation only you can read your own cards; from grouping onwards every card is visible to every participant. Anonymous mode hides who wrote a card from the other participants. It does not make the card anonymous towards us (see section 6 of the Privacy Policy).
• Retros do not expire and cannot yet be deleted from within the Service. You can ask us to delete a retro (section 11).

5. Your content

• You keep all rights to the content you enter into the Service: card text, group names, action items, retro titles and your display name ("Your Content").
• So that we can operate the Service, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit and display Your Content to the participants of the retro it belongs to, and to make backup copies of it, for as long as it is stored in the Service. This licence exists only to provide the Service. It ends when Your Content is deleted, except for backup copies, which are overwritten in the normal backup cycle.
• You are responsible for Your Content. You confirm that you have the rights needed to enter it and that it does not violate the law, these Terms or the rights of others.
• Do not enter special categories of personal data (such as data about health, ethnic origin, religious beliefs, sexual orientation, trade-union membership or political opinions), payment card details, passwords or other secrets, or information about people who are not participants that they would not expect to appear in a team retrospective. Retree is built for feedback about how a team works, not for storing sensitive records.
• We do not monitor or review Your Content as a matter of course. We access it only when needed to operate, secure or debug the Service, when you ask us to (for example to delete a retro), when we act on a notice under section 7, or when the law requires it.

6. Acceptable use

You must not:

• use the Service in a way that violates any applicable law, or to store or share content that is illegal, defamatory, harassing, threatening or hateful, or that infringes intellectual property, privacy or other rights of others;
• attempt to gain access to retros whose link you were not given, to other participants' unrevealed cards, or to any part of the Service's infrastructure;
• probe, scan or test the vulnerability of the Service, circumvent its rate limits or security measures, or interfere with its operation, for example by flooding it with requests or oversized content;
• use automated means to create retros or content at a scale that a team would not produce by hand;
• reverse engineer, decompile or copy the Service or its software beyond what mandatory law allows;
• resell, sublicense or offer the Service to third parties as your own service;
• choose a display name that impersonates another person with the intention of deceiving other participants.

7. Illegal content and notices

Retree stores content provided by its users and is a hosting service within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act). Retros are private spaces shared by link and are not disseminated to the public, so Retree is not an online platform under that Regulation.

If you believe that content stored in the Service is illegal, notify us by e-mail at dawid@zbinski.dev. So that we can act on your notice, include:

• an explanation of why you consider the content to be illegal;
• the retro link and a description of the content (for example the card text), so that we can locate it;
• your name and e-mail address, unless the notice concerns an offence referred to in Articles 3 to 7 of Directive 2011/93/EU;
• a statement that you believe in good faith that the information in your notice is accurate and complete.

We confirm receipt, review every notice diligently and without undue delay, and tell you our decision and the reasons for it. We may remove or disable access to content, or restrict a participant's or a retro's access to the Service, when content is illegal or violates these Terms. Where we do so, we provide a statement of reasons to the affected person where we can reach them. Because the Service has no accounts and stores no contact details, we usually cannot; in that case the statement is available on request from dawid@zbinski.dev. Our decisions are taken by a person, not by automated means, and we do not use automated content moderation tools.

Our single point of contact for the authorities of the Member States, the European Commission, the European Board for Digital Services and the recipients of the Service is dawid@zbinski.dev. You can communicate with us in English or Polish.

8. Availability and changes to the Service

• We aim for continuous availability but do not guarantee it. Maintenance, updates, failures at our hosting provider or network problems may make the Service unavailable, and we may suspend it for those reasons without prior notice.
• We are continuously developing the Service and may add, change or remove features. Where a change removes a feature you rely on in a material way, we announce it in the Service in advance where reasonably possible.
• We may discontinue the Service. We will announce a discontinuation at least 30 days in advance at https://retr.ee, so that you can copy any summaries or action items you want to keep.

9. Intellectual property

The Service, including its software, design, name, logo, texts and graphics, is owned by Dawid Zbiński and protected by copyright and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. Nothing in these Terms transfers any intellectual property rights to you, except that Your Content remains yours. Open-source components used by the Service are listed in the Legal notice and remain under their own licences.

10. Technical requirements and risks

To use the Service you need:

• a device with internet access;
• a current version of a modern web browser (the latest two major versions of Chrome, Firefox, Safari or Edge) with JavaScript, cookies, local storage and WebSocket connections enabled;
• for the full board layout, a screen at least 768 pixels wide; on narrower screens the Service shows one column at a time.

Using services provided electronically carries the risks inherent to the internet, including interception of data by third parties, malware and phishing. We reduce those risks by serving the Service only over HTTPS, by using unguessable retro links and by never asking you for passwords or payment details. Keep your device and browser up to date, and share retro links only with the people who should have them.

The Service does not install any software on your device. It stores a small amount of data in your browser to remember who you are and your preferences (see section 4 of the Privacy Policy).

11. Term and termination

• The agreement between you and us is concluded when you first use the Service, for an indefinite period.
• You may end it at any time by stopping using the Service. You can also clear the Service's data from your browser (its cookies and local storage), after which your device is no longer linked to the retros it joined.
• You can ask us to delete a retro you created or took part in, or the data linked to your device, by e-mailing dawid@zbinski.dev. Because the Service has no accounts, we will ask you to demonstrate that you hold the retro link or the device identifier concerned. A retro's content is the joint work product of everyone who took part; where deleting a whole retro would affect other participants, we delete only your own contributions unless the request comes from the retro's host or the retro has a single participant.
• If you are a consumer, you may also withdraw from the agreement within 14 days of concluding it, without giving any reason, by sending a statement to dawid@zbinski.dev; no particular form is required. Because the Service is free of charge, withdrawal has no financial consequences and simply ends the agreement.
• We may suspend or terminate your access to the Service, or remove content, with immediate effect if you breach these Terms in a material way, if the law requires it, or if your use creates a security, legal or technical risk to the Service or to others. Where we can reach you and the breach can be remedied, we warn you first and give you a reasonable time to remedy it; we do not warn first where the content is illegal or the risk to the Service or to others is immediate. Where the law requires it, we notify you and give reasons (section 7).

12. Warranties and liability

• The Service is provided free of charge and "as is". To the extent permitted by law, we give no warranties, express or implied, about the Service, including as to its fitness for a particular purpose, availability, accuracy or non-infringement.
• To the extent permitted by law, we are not liable for: loss of Your Content (keep your own copy of anything important; the finish screen offers a summary you can copy); damage resulting from a retro link being shared with, or used by, someone who should not have received it; damage resulting from unavailability of the Service; indirect or consequential loss, loss of profit, loss of business or loss of data; or the conduct of other participants.
• Nothing in these Terms excludes or limits our liability for damage caused intentionally, or any other liability that cannot be excluded or limited under applicable law. If you are a consumer, nothing in this section limits your statutory rights, and our liability towards you is governed by the mandatory provisions of the law applicable to you.
• You are responsible for damage you cause to us or to others by breaching these Terms.

13. Complaints

• You can submit a complaint about the Service to dawid@zbinski.dev. Describe the problem, when it occurred and, where applicable, the retro link, and tell us how we can reach you.
• We answer complaints within 14 days of receipt, by e-mail, to the address you wrote from unless you indicate another one. If you are a consumer and we do not answer within that time, your complaint is deemed accepted.
• If you are a consumer and are not satisfied with how we handled your complaint, you may use out-of-court dispute resolution, including the assistance of a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów), the regional Trade Inspection authority (Wojewódzki Inspektorat Inspekcji Handlowej) or a consumer organisation. Information about these options is available at https://uokik.gov.pl. Using them is voluntary for both of us.

14. Changes to these Terms

We may change these Terms for important reasons: changes in the law or in its interpretation, changes to the Service (new features, discontinued features, a change of business model), security requirements, or the correction of errors and clarification of wording. We publish the new version at https://retr.ee/terms with a new effective date and, for changes that materially affect your rights or obligations, announce them in the Service at least 14 days before they take effect. If you do not accept the new Terms, stop using the Service before the effective date. Continuing to use the Service after the effective date means you accept the new Terms.

15. Governing law and disputes

These Terms are governed by the law of Poland. Any dispute arising from these Terms or the Service is subject to the jurisdiction of the Polish courts; for disputes with a business, the court competent for our place of business in Nowy Targ. If you are a consumer, this choice of law and jurisdiction does not deprive you of the protection of the mandatory rules of the law of the country in which you habitually reside, and you may also bring proceedings in the courts of that country.

The agreement is concluded in English. You may not transfer your rights or obligations under these Terms to anyone else without our written consent; we may transfer ours to a successor operator of the Service, and will announce such a transfer in the Service. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

16. Contact

Dawid Zbiński
ul. gen. Władysława Sikorskiego 15/15
34-400 Nowy Targ, Poland
E-mail: dawid@zbinski.dev