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Terms and Conditions of Questpass sp. z o.o. Cooperation with Publishers

Entry into force of the current version of the Terms and Conditions: 2025-12-29

§ 1 [Definitions]

The terms used herein shall have the following meanings:

1. Service Provider or Questpass sp. z o.o. – Questpass sp. z o.o. with its registered office in Poznań, ul. Romana Szymańskiego 8/2, 61-826 Poznań, Poland, entered in the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Department of the National Court Register, under the KRS number 0000852508, using its tax identification number (NIP): 7831821967, REGON: 386640766, e-mail: help@questpass.pl.

2. Publisher – a natural person conducting business activity, a legal person, or an organisational unit without legal personality to which the law grants the capacity to perform legal actions, who under the Terms and Conditions specified herein, provides Questpass sp. z o.o with Advertising Space for the purpose of displaying Questpass Formats.

3. Agreement – an agreement entered into between Questpass sp. z o.o. and the Publisher pursuant to these Terms and Conditions, the subject matter of which is: 

a) granting the Publisher access to the Publisher’s Panel;

b) making available to Questpass sp. z o.o. the Advertising Space in connection with the Advertising Intermediation Service provided;

c) provision by Questpass sp. z o.o. of the SaaS Service or Creative Services. 

4. Advertising Space – a space or content within the Publisher’s Service in which the Script enabling the display of Questpass Formats is embedded.

5. Advertising Intermediation Service – a service provided by Questpass sp. z o.o. to Advertisers, on the terms set out in these Terms and Conditions and the Terms and Conditions for Advertisers, consisting in displaying Questpass Formats within the Advertising Space made available by the Publisher, in accordance with the parameters specified by an Advertiser. The Advertising Intermediation Service is separate from the SaaS Service.

6. Creative Services – paid ancillary services provided by Questpass sp. z o.o. on the terms set out in these Terms and Conditions, consisting in designing new advertisements or adapting existing advertisements to the technical requirements of Questpass Formats.

7. SaaS Service – a paid ancillary service provided by Questpass sp. z o.o. on the terms set out in these Terms and Conditions, consisting in making available to the Publisher the functionality enabling the display of Questpass Formats within the Publisher’s own Advertising Space. The SaaS service does not include the preparation of Questpass Formats.

8. Advertiser – an entity for whose benefit Questpass sp. z o.o. provides the Advertising Intermediation Service.

9. Publisher’s Service – software that provides the Advertising Space, including a website, as well as any applications, including mobile applications, to which the Publisher holds the rights.

10. Questpass Format – an object displayed within the Advertising Space serving an advertising, informational or research function, which may take the following forms:

a) advertising questpass – a static or video advertisement containing a question relating to the advertisement, which must be answered correctly in order to obtain access to content on the Publisher’s Website;

b) research questpass – a creative containing a research question, which must be answered in order to obtain access to the content on the Publisher’s Service;

c) watchpass – a static or video advertisement that must be viewed to obtain access to the content on the Publisher’s Service;

d) display advertisement – a static or video advertisement that does not require any interaction by the recipient in order to obtain access to the content on the Publisher’s Service.

11. Unauthorised Charges – the Publisher’s profit arising from the display of Questpass Formats which, within the System, is classified as generated by software or performed by the same person impersonating different Recipients of Questpass Formats, including in particular any activity primarily aimed at interacting with Questpass Formats without any interest in the content of the Publisher’s Service.

12. Publisher’s Panel – a dedicated area made available to the Publisher within the Questpass Service. Access to the Publisher’s Panel is granted to the Publisher and to the Publisher’s Panel Users (in accordance with the permissions granted by the Publisher).

13. Data processing – any operation performed on personal data, such as collection, recording, storage, processing, alteration, disclosure and erasure, and especially those performed in computer systems.

14. Privacy Policy – a document describing the rules for the processing of personal data by Questpass sp. z o.o., available at: https://questpass.io/pl/regulaminy/polityka-prywatnosci/. 

15. Terms and Conditions – these Terms and Conditions governing the cooperation between Questpass sp. z o.o. and Publishers, constituting standard contract terms within the meaning of Article 384 of the Polish Civil Code.

16. Terms and Conditions for Advertisers – the terms and conditions governing the provision of services to advertisers within the Questpass Service, available at: https://questpass.io/pl/regulaminy/regulamin-reklamodawcy.

17. Questpass Service – the website constituting an ICT platform, available at: system.questpass.io

18. Questpass System or the System – an ICT system enabling Questpass sp. z o.o. to display Questpass Formats within Publishers’ Advertising Spaces and to monitor the behaviour or actions of Recipients related to Questpass Formats.

19. Questpass Rules for Advertisers – a document available at https://questpass.io/pl/regulaminy/zasady-reklamodawcy, setting out a set of rules and quality criteria that Questpass Formats and the Advertiser’s landing page to which the Questpass Formats redirect must satisfy. The Questpass Rules for Advertisers shall apply, mutatis mutandis, to the SaaS Service.

20. Questpass Rules for Publishers – a document available at https://questpass.io/pl/regulaminy/zasady-wydawcy, setting out a set of rules and criteria that the Publisher’s Advertising Space must satisfy. The Publisher represents that it has read the Questpass Rules for Publishers and raises no objections thereto.

21. Recipient – a user of the Publisher’s Service who has access to the Publisher’s Advertising Space.

22. Campaign – a time-defined activity based on the display of Questpass Formats, aimed at carrying out advertising, informational, or research activities.

23. Publisher’s Panel User – an employee, contractor/co-operator, or client of the Publisher who has access to the Publisher’s Panel secured with an individual login and password. A Publisher’s Panel User may use the Publisher’s Panel depending on the permissions granted. The following types of permissions for Publisher’s Panel Users are distinguished:

The actions of each Publisher’s Panel User are recorded separately in the Questpass System. The Publisher shall bear full responsibility for any and all actions taken by Publisher’s Panel Users within the Publisher’s Panel, in particular for any actions that are contrary to these Terms and Conditions.

24. Technical Account – a Questpass sp. z o.o. account serving as a tool to support the Publisher in carrying out activities within the Publisher’s Panel, visible as an additional Publisher‘s Panel User under the name “Questpass Administrator”. Actions performed via the Technical Account are carried out by Questpass sp. z o.o. employees for the benefit of the Publisher, upon receipt of the Publisher’s instructions communicated to Questpass sp. z o.o. by email or by telephone.

25. Script – free-of-charge software enabling the display of Questpass Formats.

26. Targeting – restricting the display of a Campaign to a specific group of Recipients based on their characteristics, in particular the traffic source, the content of the Publisher’s Service, and data about Recipients, with respect to which Questpass sp. z o.o. acts as the controller, as well as data with respect to which Questpass sp. z o.o. acts as the processor and which were obtained from the Publisher under a separate data processing agreement.

§ 2. [Technical requirements necessary to use the Questpass Service]

1. To use the Questpass Service, the Publisher must meet the following technical requirements:

a) an Internet connection;

b) end-user devices enabling access to Internet resources;

c) use of a web browser (Mozilla Firefox, Internet Explorer, Chrome, Safari) in the latest version as of the date of using the Questpass Service, enabling the display of hypertext documents on the device screen, linked within the Internet via the WWW service, supporting the JavaScript programming language, and accepting cookie files. The Service Provider does not guarantee support for older browser versions;

d) an active email account (in order to register in the Questpass Service);

e) providing sufficient guarantees for the implementation of appropriate technical and organisational measures so that the processing of the received personal data complies with applicable legal requirements and protects the rights of data subjects.

2. Questpass sp. z o.o. expressly stipulates that it is strictly prohibited to:

a) post in the Questpass Service any content of an unlawful nature, in particular content inciting racial, ethnic, or religious hatred, containing pornographic content, praising fascism, Nazism or communism, promoting violence, or infringing the rights of third parties;

b) post in the Questpass Service any materials that infringe intellectual property rights in any manner;

c) use any data-gathering techniques, robots, viruses, software errors (‘bugs’), or any other tools to collect or extract data from the Questpass Service;

d) attempt to circumvent, interfere with, hack, damage, or restrict the functionality or security of the Questpass Service.

3. Questpass sp. z o.o. reserves the right to immediately remove any content that infringes the obligations and prohibitions set out in these Terms and Conditions.

4. Questpass sp. z o.o. represents that the use of services provided electronically may involve typical, commonly known risks associated with the use of IT equipment and the Internet. Accordingly, Questpass sp. z o.o. recommends using protective measures, such as anti-virus software or a firewall, to increase security and minimise the possibility of such risks occurring.

§ 3 [Registration in the Questpass Service; conclusion of the Agreement]

1. In order to conclude the Agreement, it is necessary to register in the Questpass Service.

2. For the purposes of registration in the Questpass Service, the Publisher shall take all of the following actions:

a) complete the registration form by providing:

a1) an email address, which is also the login to the Publisher’s Panel;

a2) a password to access the Publisher’s Panel;

b) read and accept the Terms and Conditions and the Privacy Policy;

c) activate the e-mail address confirmation link in the email sent to the address indicated in the form;

d) complete the required information in the Publisher’s Panel: the first and last name of the person authorised to act on behalf of the Publisher (registration in the Questpass Service shall be deemed to constitute a declaration to that effect), tax identification number, the business name used by the Publisher as entered in the relevant register, and telephone number.

3. The Agreement shall be deemed concluded at the moment the Publisher gains access to the Publisher’s Panel. 

4. The Agreement with the Publisher (to the extent that the Agreement concerns making available to Questpass sp. z o.o. the Advertising Space within a given Publisher’s Service) shall be concluded at the moment Questpass sp. z o.o. positively verifies the content of at least one Publisher’s Service.

5. Following the conclusion of the Agreement, the Publisher may add additional Publisher’s Services in the Publisher’s Panel; in such a case, the added Publisher’s Services shall be covered by the Agreement upon their positive verification by Questpass sp. z o.o. 

6. The Publisher represents that it enters into the Agreement as an entrepreneur and warrants that it will perform the Agreement exclusively in direct connection with its business or professional activity.

§ 4 [Publisher’s Panel]

1. As part of the Questpass Service, Questpass sp. z o.o. enables the Publisher to use, free of charge  for an indefinite period, access to the Publisher’s Panel. The Publisher’s Panel is used in particular to monitor Questpass Formats on the Publisher’s Services, to conduct settlements between the Publisher and Questpass sp. z o.o., and to create the Publisher’s own Campaigns on the Publisher’s Services as part of the SaaS Service. 

2. The Publisher may change the password securing access to the Publisher’s Panel at any time.

3. The Publisher undertakes not to disclose the password to any persons not authorised to act on its behalf within the Questpass Service and, exercising the highest degree of care, to protect the password against disclosure to unauthorised persons.

4. The Publisher is entitled to create sub-accounts in the Publisher’s Panel and to grant access (permissions) to Publisher’s Panel Users. The Publisher shall bear full responsibility for any actions taken by Publisher’s Panel Users in connection with the access granted to the Publisher’s Panel, in particular for any actions contrary to these Terms and Conditions.

5. The Publisher shall create a sub-account by indicating the email address of the Publisher’s Panel User and then granting permissions to that Publisher’s Panel User. Upon completion of the sub-account creation process, the Publisher’s Panel User will receive an email message from the Service Provider at the indicated email address, containing an activation link enabling the Publisher’s Panel User to activate access to the Publisher’s Panel and then log in to the Publisher’s Panel using their login (email address) and password (as set by the Publisher’s Panel User).

6. The Service Provider reserves the right to introduce additional permission levels for Publisher;a Panel Users and to establish technical limitations regarding the maximum number of sub-accounts that may be created by the Publisher.

7. The Publisher may delete a sub-account assigned to a Publisher’s Panel User at any time by using the functionalities of the Publisher’s Panel dedicated for this purpose. Deletion of a sub-account shall be tantamount to depriving a Publisher’s Panel User of access to the Publisher’s Panel and to the data associated with that sub-account.

8. The Publisher and a Publisher’s Panel User are obliged to keep confidential their password and any other information enabling access to the Publisher’s Panel. Any actions performed in the Questpass Service within the Publisher’s Panel after logging in using the login and password, including in particular withdrawal instructions and launching Campaigns as part of the SaaS Service, shall be binding upon the Publisher and Questpass sp. z o.o., unless the password was used unlawfully due to the fault of Questpass sp. z o.o.

9. The Publisher is obliged, when creating (registering) the Publisher’s Panel, to provide data that is current and accurate and to promptly update such data in the event of any changes.

10. At the Publisher’s express request and with its consent, Questpass sp. z o.o. may create a Technical Account in the Publisher’s Panel, as part of which a technical support employee may perform configuration activities on behalf of the Publisher in order to facilitate the Publisher’s commencement and continuation of the cooperation. In particular, this applies to assistance in configuring the Publisher’s Services in the Questpass System and conducting Campaigns as part of the SaaS Service. Actions performed via the Technical Account are carried out by Questpass sp. z o.o. employees for the benefit of the Publisher, upon receipt of the Publisher’s instructions communicated to Questpass sp. z o.o. by email or by telephone.

§ 5 [Making the Advertising Space of the Publisher’s Service available in connection with the provision of the Advertising Intermediation Service; marketing activities of Questpass sp. z o.o.]

1. Pursuant to the Agreement, the Publisher makes available to Questpass sp. z o.o., for remuneration (on the terms set out in § 6 of these Terms and Conditions) and for an indefinite period, with the Advertising Space, on the terms, for the purpose, and to the extent specified in the subsequent provisions of this Section. The Publisher warrants that it holds the rights to the Publisher’s Service and to the content made available within the Publisher’s Service to the extent necessary for the proper performance of the Agreement by the Publisher. 

2. Questpass sp. z o.o. is entitled to use the Advertising Space within the Publisher’s Service to the extent necessary for Questpass sp. z o.o. to provide the Advertising Intermediation Service to the Advertiser. Questpass sp. z o.o. may grant a third party the right to use the Advertising Space referred to in the preceding sentence, to the same extent to which Questpass sp. z o.o. is entitled to use such space. 

3. The Publisher is required to integrate the Publisher’s Service with the System in accordance with the guidelines received from Questpass sp. z o.o., in particular to adjust the settings of the Publisher’s Service and to install the Script within the Publisher’s Service as part of the Advertising Space made available to Questpass sp. z o.o. The Publisher is obliged to maintain the installed software for the duration of the Agreement. If the Publisher fails to perform the obligations referred to above, Questpass Formats may not be displayed in Publisher’s Service. The Publisher undertakes not to interfere in any way with the software enabling the display of Questpass Formats in the Publisher’s Service. The Publisher is entitled to use the software in accordance with its intended purpose, solely to the extent arising from the Agreement. 

4. The Publisher undertakes to update the Script at the request of Questpass sp. z o.o. Failure to update may result in suspension of the display of Questpass Formats.

5. In order to enable the removal of any errors that may occur during or after the integration of the Publisher’s Service with the System, Questpass sp. z o.o. may, upon the Publisher’s instruction, carry out an analysis and verification of the issue or perform development work within the Publisher’s Service. The purpose of such work shall be to ensure the correct functioning of the software. In order to enable the performance of the work described above, the Publisher may voluntarily provide Questpass sp. z o.o. with access credentials to the source code of the Publisher’s Service or, if Questpass sp. z o.o. makes such an option available, enable access to the Publisher’s Service software via remote access to the Publisher’s device (e.g. using TeamViewer software). Immediately after completion of the work by Questpass sp. z o.o., the Publisher is obliged to change the password enabling access to the Publisher’s Service.

6. Questpass Formats may be displayed only in that part of the Advertising Space of the Publisher’s Service in which the Publisher has installed the Script in accordance with the received guidelines. 

7. Questpass sp. z o.o. states, and the Publisher acknowledges and accepts, that:

a) Questpass Formats will be displayed within the Advertising Space made available; however, the frequency and manner of their display, as well as the part of the Advertising Space in which they will appear and the Recipients to whom they will be shown, will depend on the arrangements between Questpass sp. z o.o. and Advertisers (including Campaign Targeting requirements);

b) the Publisher has no direct influence over the content of Questpass Formats, and their display is subject to optimisation based on Questpass sp. z o.o.’s algorithms;

c) access to the content located in the Advertising Space in which Questpass Formats are displayed may depend on the Recipient of the Publisher’s Service performing a specific action;

8. Questpass Formats will be displayed in the Advertising Space of the Publisher’s Service that meets the parameters specified by Questpass sp. z o.o., including in particular having a sufficient number of text characters, number of graphics, length of video material, or other content that is valuable from the perspective of the Recipient of the Publisher’s Service. The set of rules and criteria that the Publisher’s Advertising Space must satisfy is set out, in particular, in the Questpass Rules for Publishers. The Publisher represents that it has read the Questpass Rules for Publishers and raises no objections thereto.

9. The Publisher consents to the use, as part of the Service Provider’s marketing communications, of the Publisher’s designations and the content available within the Advertising Space in which Questpass Formats have been displayed. For the purposes of these Terms and Conditions, marketing communications shall mean promotional and advertising activities carried out via any selected communication channel, addressed to any designated audience, as part of which the Service Provider informs about the commencement of cooperation with the Publisher or presents Questpass Formats displayed within the Advertising Space of the Publisher’s Service. The Publisher represents that it shall not assert any claims or rights in this respect.

10. The Publisher consents to the Service Provider’s use of the content available within the Publisher’s Service (in the context of the Advertising Space made available), to the extent necessary for Questpass to provide the Advertising Intermediation Service. Such use of the content shall not give rise to any additional fees payable by Questpass sp. z o.o. 

§ 6 [Remuneration payable to  the Publisher]

1. The monthly net remuneration due to the Publisher shall be the sum of the remuneration calculated in accordance with paragraphs 2 and 3 below.

2. In consideration of making the Advertising Space available to Questpass sp. z o.o. for the purposes of the Advertising Intermediation Service, the Publisher shall be entitled to net remuneration (exclusive of VAT), calculated in accordance with the following rules:

a) the remuneration shall be determined on the basis of the base rates applicable at the time Questpass Formats are displayed in the Publisher’s Service, 

b) depending on the type of Questpass Format displayed, remuneration shall be due in accordance with the following rules:

b1) advertising questpass – remuneration shall be due only if the Recipient provides the correct answer;

b2) research questpass – remuneration shall be due only if the Recipient provides an answer;

b3) watchpass – remuneration shall be due only if the Recipient clicks the button revealing the content on the Publisher’s Service;

b4) display advertisement – remuneration shall be due only if the advertisement is fully visible on the Recipient’s screen for at least one second.

c) the data used to determine the amount of remuneration due to the Publisher shall originate exclusively from the System;

d) the amount of remuneration due to the Publisher may be reduced by the value of Unauthorised Charges (in accordance with § 7 of these Terms and Conditions), if such Unauthorised Charges are identified;

e) the amount of remuneration due to the Publisher shall be calculated monthly, by the 7th day of the month following the month being settled;

f) the amount of remuneration due to the Publisher shall be visible in the Publisher’s Panel, provided that only those months for which remuneration has been accrued to the Publisher in accordance with the rules set out above are displayed.

3. The Publisher’s base rate shall be determined by Questpass sp. z o.o. and shall depend on the type of Questpass Format. Information on the base rate shall be communicated by Questpass sp. z o.o. to the Publisher no later than prior to the commencement of the display of Questpass Formats.

4. The base rates for the display of Questpass Formats or the rules for their settlement may be amended by mutual agreement between Questpass sp. z o.o. and the Publisher. A consistent exchange of emails between the Parties shall be sufficient to amend such arrangements.

5. Remuneration shall be payable solely upon the Publisher’s demand, on the basis of a correct sales VAT invoice delivered to Questpass sp. z o.o. in respect of making the Advertising Space available. Questpass sp. z o.o. consents to receiving accounting documents in electronic form, including via the Publisher’s Panel. 

§ 7 [Unauthorised Charges]

1. For the purposes of calculating the remuneration referred to in § 6(2) of these Terms and Conditions, displays of Questpass Formats that are classified within the System as Unauthorised Charges shall not be taken into account, i.e. profit classified as generated by software or performed by the same person impersonating different Recipients of Questpass Formats (so-called ad fraud).

2. The classification of a Questpass Format display as an Unauthorised Charge shall be made at the sole discretion of Questpass sp. z o.o., using appropriate algorithms applying multi-level data analysis, including analysis of the behaviour of Recipients of the Publisher’s Service. The Publisher shall be informed of the detection of Unauthorised Charges by email.

3. If the detected Unauthorised Charges were taken into account in calculating remuneration that has already been paid, the Publisher shall be obliged to reimburse the remuneration to the extent it was determined on the basis of such Unauthorised Charges.

4. Questpass sp. z o.o. may set off the amount which the Publisher is obliged to reimburse pursuant to paragraph 3 above against any remuneration due to the Publisher from Questpass.

5. In cases giving rise to doubts as to the classification of displays of Questpass Formats as Unauthorised Charges, Questpass sp. z o.o. shall request explanations from the Publisher, and the Publisher undertakes to provide such explanations without undue delay.

6. If the Publisher disagrees with the decision of Questpass sp. z o.o. regarding the classification of displays of Questpass Formats as Unauthorised Charges, the Publisher shall be entitled to submit a complaint in accordance with the rules set out in § 10 below.

7. In the event that Unauthorised Charges are detected, Questpass sp. z o.o. may terminate the Agreement without notice.

§ 8 [SaaS Service]

1. Questpass sp. z o.o. may provide Publishers, for consideration, with an additional SaaS Service.

2. As part of the SaaS Service, Questpass sp. z o.o. shall grant the Publisher access to additional tools within the System enabling the Publisher to independently create and launch its own Campaigns in the Publisher’s Services. The Publisher may also commission Questpass sp. z o.o. to create and launch a Campaign by email sent to: wydawcy@questpass.pl. 

3. Questpass sp. z o.o. shall provide the SaaS Service on the terms set out in these Terms and Conditions (as in force at the time the SaaS Service is provided) or pursuant to individual arrangements agreed between Questpass sp. z o.o. and the Publisher. Unless expressly agreed otherwise, the SaaS Service shall be provided on the terms, conditions, for the purpose and to the extent set out in these Terms and Conditions. With respect to the Publisher’s obligations relating to the software enabling the display of Questpass Formats within the Publisher’s Service, the provisions of § 5 of these Terms and Conditions shall apply mutatis mutandis.

4. A condition for the provision of the SaaS Service is that the order terms are agreed and confirmed by Questpass sp. z o.o. and the Publisher. For the SaaS Service to be covered by the Agreement, a consistent statement of intent by Questpass sp. z o.o. and the Publisher made by email shall be sufficient. Unless agreed otherwise, the SaaS Service shall be provided for an indefinite period.

5. The Publisher may decide where and on which content the Questpass sp. z o.o. Script is embedded, provided that the Publisher’s Service meets the guidelines and parameters specified by the Service Provider, including those set out in the Questpass Rules for Publishers. 

6. The Publisher represents that:

a) it has read the Questpass Rules for Advertisers and raises no objections thereto;

b) it shall verify the compliance of Campaigns with the laws applicable in all countries in which Questpass Formats are displayed, as well as its compliance with the standards of decency/customary norms prevailing in those countries, and warrants that the content displayed will not infringe applicable law or such standards/customary norms;

c) it holds the intellectual property rights to all content used in Questpass Formats as part of the SaaS Service, and the making available of Questpass Formats within the Publisher’s Service will not infringe any third party’s economic copyrights, moral rights, related rights, or other intellectual property rights, nor any third-party rights, including rights in intangible goods, personal rights, and the right to one’s image/likeness.

7. The Publisher consents to the Service Provider’s use of the content available within the Publisher’s Service (in the context of the Advertising Space), to the extent necessary for Questpass to provide the SaaS Service. Such use of the content shall not give rise to any additional fees payable by Questpass sp. z o.o.

§ 9 [Creative Services]

1. Questpass sp. z o.o. may provide Publishers, for consideration, with additional Creative Services consisting in the design, graphic preparation and testing of Questpass Formats displayed in Campaigns conducted as part of the SaaS Service.

2. Questpass sp. z o.o. shall provide the Creative Services on the terms set out in these Terms and Conditions (as in force at the time the Creative Services are provided) or pursuant to individual arrangements agreed between Questpass sp. z o.o. and the Publisher. Unless expressly agreed otherwise, the Creative Services shall be provided on the terms, conditions, for the purpose and to the extent set out in these Terms and Conditions. 

3. Questpass sp. z o.o. shall provide the Creative Services upon the Publisher’s express order submitted by email to wydawcy@questpass.pl, which must be accepted by Questpass sp. z o.o. 

4. A condition for the provision of the Creative Services is that the terms of the order (in particular the scope of work and the costs) are agreed and confirmed by Questpass sp. z o.o. and the Publisher. For the Creative Services to be covered by the Agreement, a consistent statement of intent by Questpass sp. z o.o. and the Publisher made by email shall be sufficient. 

5. The Publisher represents that it consents to the Service Provider’s use of Questpass Formats to the extent necessary to provide the Creative Services.

§ 10 [Remuneration payable to  Questpass sp. z o.o.]

1. The monthly net remuneration due to Questpass sp. z o.o. in consideration of the provision of the SaaS Service shall be the sum of the remuneration calculated in accordance with paragraph 2 below.

2. In consideration of the provision of the SaaS Service, Questpass sp. z o.o. shall be entitled to net remuneration (exclusive of VAT), calculated in accordance with the following rules:

a) the remuneration shall be determined on the basis of the base rates applicable at the time Questpass Formats are displayed in the Publisher’s Service, 

b) depending on the type of Questpass Format displayed, remuneration shall be due in accordance with the following rules:

b1) advertising questpass – remuneration shall be due only if the Recipient provides the correct answer;

b2) research questpass – remuneration shall be due only if the Recipient provides an answer;

b3) watchpass – remuneration shall be due only if the Recipient clicks the button revealing the content on the Publisher’s Service;

b4) display advertisement – remuneration shall be due only if the advertisement is fully visible on the Recipient’s screen for at least one second.

c) the data used to determine the actual amount of remuneration due to Questpass sp. z o.o. shall originate exclusively from the System;

d) the amount of remuneration due to Questpass sp. z o.o. shall be calculated after the completion of a Campaign. If a Campaign lasts longer than 90 days, the settlement shall be made on the last day of that period;

e) the amount of remuneration due to Questpass sp. z o.o. shall be visible in the Publisher’s Panel.

f) The Publisher’s base rate shall be determined by Questpass sp. z o.o. and may vary depending on the type of Questpass Format. Information on the base rate shall be communicated by Questpass sp. z o.o. to the Publisher no later than prior to the commencement of the display of Questpass Formats. 

3. The remuneration for the provision of the Creative Services shall result from the arrangements agreed between Questpass sp. z o.o. and the Publisher.

4. The Publisher consents to receiving accounting documents in electronic form, including via the Publisher’s Panel or by email. 

§ 11 [Liability of Questpass sp. z o.o., Complaints]

1. Any liability of Questpass sp. z o.o. for non-performance or improper performance of the Agreement shall be limited to the actual loss incurred by the Publisher, limited to an amount equal to twice the remuneration due from Questpass sp. z o.o. for the last settlement period preceding the occurrence of the loss. Non-performance or improper performance of this Agreement shall not be deemed to occur where such non-performance or improper performance is caused by force majeure, in particular due to natural disasters (floods, hurricanes, fires, etc.), epidemics, transmitter failures, strikes, riots, or other circumstances which Questpass sp. z o.o. could not prevent and which were beyond the Service Provider’s control.

2. The liability of Questpass sp. z o.o. for non-performance or improper performance of the activities referred to in § 5(4) of these Terms and Conditions shall be limited to damage caused by Questpass sp. z o.o. through wilful misconduct (intent). 

3. If, in the Publisher’s opinion, the services provided by Questpass sp. z o.o. under these Terms and Conditions are performed improperly, or if, in the Publisher’s opinion, the System data forming the basis for determining the amount of remuneration due to the Publisher are incorrect, including in particular where Questpass sp. z o.o. has classified part of the results of Recipients’ activity in the Publisher’s Service as Unauthorised Charges, the Publisher shall be entitled to submit a complaint by email to wydawcy@questpass.pl. A complaint must include: 

a) details of the Publisher enabling its identification; 

b) a description of the irregularity; 

c) the date/time when the irregularity occurred and its duration; 

d) the claim/demand related to the complaint.

4. Complaints shall be examined without undue delay, and in any event no later than within 30 days from the date of submission. A response to a complaint shall be provided by email.

5. If, due to technical reasons (such as server failures or software errors) or other reasons, including reasons beyond the control of Questpass sp. z o.o., the software enabling the creation or display of Questpass Formats in the Publisher’s Service does not operate or does not operate properly, Questpass sp. z o.o. may disable the use of such software for the time necessary to remedy the causes of such situation. In such a case, the Publisher shall have no claims against Questpass sp. z o.o., including claims for damages for any loss resulting from the inability to use the Questpass sp. z o.o. software and to create or display Questpass Formats in the Publisher’s Service.

§ 12 [Termination of the Agreement; cessation of the display of Questpass Formats in the Publisher’s Service]

1. Either the Publisher or Questpass sp. z o.o. may terminate the Agreement at any time upon 30 days’ notice, effective at the end of a calendar month.

2. Questpass sp. z o.o. may terminate the Agreement without notice or, at its discretion , to immediately cease displaying Questpass Formats in the Publisher’s Service, if the Publisher publishes in the Publisher’s Service content that is contrary to law, standards of decency, these Terms and Conditions, or guidelines adopted by Questpass sp. z o.o.

3. For termination of the Agreement to be effective, it shall be sufficient to submit the termination notice by email.

§ 13 [Amendments to the Terms and Conditions]

1. The Service Provider is entitled to make unilateral amendments to these Terms and Conditions, in particular:

a) where an amendment is necessary due to changes in generally applicable laws;

b) in the event of issuance of a court judgement, administrative decision, or any other measure by a competent authority imposing obligations on the Service Provider;

c) in the event of changes to the operation of the Questpass Service, the System, the Script, or the provision of the Advertising Intermediation Service, the SaaS Service, or the Creative Services, in particular changes of a technical or functional nature;

d) in order to improve the performance or stability of the Questpass Service or the System;

e) in order to increase the level of security, including with respect to the protection of personal data and privacy, the security of Publishers or Recipients, and ICT security;

f) in order to prevent abuse;

g) in order to introduce editorial changes or changes to the Service Provider’s registration details.

2. Questpass sp. z o.o. shall inform the Publisher of any amendment to these Terms and Conditions at least 14 days in advance (i.e. 14 days prior to the effective date of the amendment) by sending an email containing information on the amended Terms and Conditions to the Publisher’s email address. 

3. A Publisher who does not agree to the amendments to these Terms and Conditions may terminate the Agreement within 14 days from the date of being notified of the amendment, with effect as of the date the planned amendment enters into force. The Publisher shall terminate the Agreement by sending an email to Questpass sp. z o.o. If the Agreement is not terminated within the above period, the Publisher shall be bound by the provisions of the amended Terms and Conditions. 

§ 14. [Confidentiality]

1. The Publisher undertakes to keep confidential all information, data, materials and documents received from Questpass sp. z o.o. and from entities cooperating with it. 

2. The Publisher is obliged to ensure confidentiality, for an indefinite period, of personal data provided by Questpass sp. z o.o. in connection with the performance of the Agreement, in particular by not transferring, disclosing, or making such data available to unauthorised persons.

§ 15. [Personal Data]

1. In matters related to the protection of Publishers’ personal data, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR) shall apply. The information referred to in Article 12 of the above Regulation is available in the Privacy Policy.

§ 16. [Final provisions]

1. The Publisher undertakes that, for the duration of the Agreement, it shall not cooperate with entities providing services identical or similar in nature to the Advertising Intermediation Service or the SaaS Service. A breach of the above undertaking by the Publisher shall result in each display of a Questpass Format being deemed an Unauthorised Charge. The above undertaking shall apply only to agreements concluded after 14 October 2024.

2. All communication between Questpass sp. z o.o. and the Publisher in connection with the Agreement shall be conducted by exchange of email messages. Unless otherwise indicated, the email address to which correspondence addressed to Questpass sp. z o.o. should be sent is specified in § 1(1) of these Terms and Conditions. Correspondence addressed to the Publisher shall be sent to the email address indicated in the Publisher’s Panel.

3. Any assignment or transfer by the Publisher to any third party of its rights or obligations under the Agreement shall require the consent of Questpass sp. z o.o., expressed at least in documentary form.

4. Questpass sp. z o.o. may assign or transfer to a third party its rights or obligations vis-à-vis the Publisher under the Agreement without the Publisher’s consent.

5. In matters not regulated by these Terms and Conditions, the relevant provisions of the laws of the Republic of Poland shall apply.

6. Any disputes that may arise between Questpass sp. z o.o. and the Publisher under or in connection with the Agreement shall, in the first instance, be resolved amicably by mutual agreement of the Parties. If no amicable settlement is reached, any disputes shall be resolved by the competent common court having territorial jurisdiction over the registered office of Questpass sp. z o.o., under the laws of the Republic of Poland.

7. Each Publisher has the right to download the Terms and Conditions in a printable format from https://questpass.pl/regulaminy/ and save them on its own data carrier.