Definitions and Scope
System, Developer, and Seller. The 99 Pelicans Challenge System (the “System”) is a proprietary digital platform and intellectual content package developed by LIMITED LIABILITY COMPANY “SMART EXPERIENCE”, Ukraine (the “Developer”). The financial and commercial execution of licenses, invoicing, and payment processing is handled exclusively by the Seller of Record (the “Seller”), a third-party payment platform contracted by the Developer. The current Seller of Record is identified to the User at checkout and listed on the Imprint page at https://99pelicans.com/imprint. The Seller is responsible for invoicing, payment processing, EU VAT and consumer-tax collection and remittance, and consumer billing support.
Team Account / Team Profile. A “Team Account” or “Team Profile” is a digital configuration within the System platform that allows a grouped subset of authorised users to collaborate, input data, submit analytical solutions, and accumulate performance metrics collectively under a unified identifier.
Challenge Series & Scenario Access. A “Series” refers to a specific, time-limited activation window (typically a designated three-day period) during which the Team is granted a temporary, non-exclusive license to access proprietary analytical scenarios, digital data points, and scoring tools relating to a specific regional matrix (e.g., Central European geographic zones).
Format. The Scenario is task-based, intellectual, and analytical. It is strictly non-competitive, educational, and recreational. Progress and analytical solutions are verified digitally within the System, and performance units are awarded to the Team Profile as “Pelicans” (up to a maximum of 99 Pelicans per designated Series).
Applicability. These Terms apply to all interactions with the System, including the use of digital data dashboards, access credentials, and any complementary physical materials (Supplementary Printed Materials) provided to the Team in connection with the selected Series.
Independent Execution. The Developer is strictly a provider of software and digital content. The Developer does not organise, manage, operate, resell, or facilitate physical infrastructure, events, transport, hospitality, accommodation, catering, or any form of tour-guiding service. The Team independently applies the provided intellectual content to their own self-organised, private recreational activities.
User Registration, Account Activation, and Credentials
Completion of Registration. Access to the System is granted only upon receipt of full payment by the Seller for the specific Series License. A standard Team License tier grants access credentials for a baseline allocation of up to two (2) authorised users within a single registered Team Account. Additional user seats may be added to the Team Profile upon payment of the supplementary per-user fee published on the platform, up to a strict structural maximum of five (5) total users per Team Account. Access credentials and licenses are personal and non-transferable except via a Developer-approved modification method. Unauthorised account sharing outside the paid Team allocation is prohibited.
Electronic Verification Requirement. All registered users within the Team must electronically sign and accept these Terms of Service prior to receiving active platform credentials or gaining access to the selected Scenario data. Failure to complete this digital verification process will result in the immediate suspension or withholding of platform access for the entire Team Account.
Team Dashboard Profile. The Team Account is registered under the Team leader (the “Team Lead”), who provides: full name, email address, and mobile phone number. All other authorised users are added to the Team Profile by the Team Lead and must electronically confirm acceptance of these Terms and confirm they are 18 years or older.
User Obligations and Conduct Policy
Minimum Age and Account Limits. All registered users interacting with the System must be at least 18 years old on the Series activation date. The total number of individuals utilising the platform under a single active Team Account must strictly match the paid allocation parameters of that specific profile (the base two-user limit plus any verified additional paid user seats) and cannot under any circumstances exceed a maximum of five (5) persons per Team Account. Permitting more individuals to utilise the data dashboard or supplemental media than the paid account tier or the absolute five-user platform limit allows constitutes a material breach of these Terms and will result in immediate account suspension.
Compliance with Regional Laws. Teams utilise the intellectual content and data points entirely at their own risk and discretion. While conducting any private outdoor activity, local transit, or field verification of data points, Team members must strictly obey all local laws, public regulations, road traffic codes, conservation rules, and regional safety standards of the relevant jurisdiction at all times. Any form of illegal, reckless, or dangerous behaviour on public infrastructure is strictly prohibited. The Developer reserves the right to immediately deactivate credentials for any Team Account found to be in material breach of these compliance standards.
Platform Safety Restrictions. The System interface, digital maps, and data matrices are not designed or intended for use while actively operating any machinery, mobile apparatus, or transit equipment. Teams must designate a non-driving member to operate the System at all times. Team members must ensure absolute situational awareness and divide platform tasks safely to adhere to regional public safety laws. Utilising the platform under the influence of alcohol, controlled substances, or in any manner that violates regional safety regulations is strictly prohibited and constitutes a material breach of these Terms for the entire Team.
Unregistered Access. Permitting unauthorised or unregistered individuals to utilise the proprietary System access or supplemental printed media under your Team license is strictly prohibited.
Respect for Property and Environment. Teams must conduct their independent data-point verification with full respect for local environments, public order, and private property. Violations may lead to immediate termination of System access and sole legal liability for the Team members.
Media Content License. Teams grant the Developer a non-exclusive, worldwide, royalty-free license to use any photos, videos, or analytical solutions submitted by the Team to the scoring engine for validation, verification, and platform promotional purposes. This license is governed by the Privacy & Data Protection Policy and may be withdrawn by the User in respect of identifiable personal data at any time.
Scope of Fees and Personal Expenses
Scenario Data Coordinates. Once System access is activated for a specific Series, the platform provides specific data matrices to the Team Account, including key geographic coordinates: the initial activation point (Start) and the closing session endpoints for Stage 1, Stage 2, and Stage 3. These endpoints are structurally calibrated to align within a cohesive regional matrix to allow for optimal data processing within the active license window.
Independent Logistics. The Developer does not offer, arrange, or resell accommodation, hospitality, transport, catering, or tour-guiding services. Teams possess total logistical freedom and are exclusively responsible for booking, managing, and paying for their own lodging (hotels, campsites) and dining.
Personal Overheads. The Team license fee covers strictly the digital platform access, scoring algorithm usage, and the provision of complementary physical Supplementary Printed Materials at the Series activation event. All external operational expenses incurred by the Team members during their private recreation — including any personal logistical overheads, regional access or transit fees, data communication charges, fuel, or third-party expenses — are managed entirely and independently by the Team.
Insurance Disclaimer. The Developer does not provide and does not arrange any form of insurance, including travel insurance, trip cancellation insurance, personal accident insurance, personal liability insurance, vehicle insurance, health or medical insurance, or property or equipment insurance. Teams must independently arrange all insurance coverage appropriate for their private recreational activities.
Technical Compatibility and Limitations
User Infrastructure Compliance. To utilise the proprietary analytical scenarios under real-world conditions, the Team must independently ensure that their privately arranged communication devices, hardware, and personal transit tools meet all regional legal, safety, and environmental standards. Ensuring absolute regulatory compliance is the sole responsibility of the Team. This includes independently securing all necessary usage rights, insurance extensions, and regional permissions from any third-party asset owners or rental agencies if rented hardware or assets are deployed by the Team.
Operational Limitations. The System’s real-world data nodes are optimised for standard consumer-accessible geographic routes. The Developer does not guarantee System compatibility, data accessibility, or cellular network coverage in non-standard, off-road, restricted, private, or topographically hazardous zones.
Physical Carriers of Digital Data. The physical materials included in the supplementary media pack (printed manuals or guides) are treated strictly as complementary physical carriers of the digital scenario data. They are provided to Team members in person at the official Series activation event and form an inseparable part of the digital access license granted to the Team. No separate commercial fee, shipping charge, or merchandise tax is levied on these physical components.
No Field Support. The Developer provides digital technical support for platform operation only and does not provide physical field assistance, equipment recovery, transport, search-and-rescue, or emergency response services. In case of emergency, Team members must contact local emergency services (e.g., 112 in EU).
Scoring Platform, Pelicans, and Reward Mechanics
Scoring Logic. Pelicans are intellectual digital units awarded automatically or via Developer review to the Team Profile for successful task completion, puzzle-solving, and data point verification within the System. The Developer’s algorithmic and analytical scoring decisions are final, subject to the right to human review described below.
Right to Human Review (Article 22 GDPR). Where a scoring decision is made by automated means alone and materially affects a User, the User may request human review by contacting hello@99pelicans.com within thirty (30) days of the decision. The Developer will provide a substantive response within fifteen (15) business days.
Conversion and System Value. Pelicans earned by a Team Profile are converted into a digital monetary discount in Euros, applicable exclusively toward the purchase of future System access licenses or future Series scenarios from the Developer, according to published system rules. Pelicans have no cash value, cannot be redeemed for fiat currency, and are non-transferable except as expressly permitted within the System interface.
Expiration and Restrictions. Pelicans expire twenty-four (24) months after the date of issuance unless redeemed. Pelicans cannot be combined with promotional discount codes unless expressly stated. Pelicans cannot be applied retroactively to the same Series in which they were earned.
Assumption of Risk and Personal Responsibility
Assumption of Risk. By purchasing a license and accessing the System, Team members explicitly acknowledge that independent physical navigation, outdoor transit, and real-world data verification involve inherent risks, including environmental hazards, equipment malfunction, property damage, theft, illness, adverse weather conditions, and the actions of third parties. Teams voluntarily assume all such risks associated with their private, self-organised recreation.
Third-Party and Accompanied Persons Responsibility. Team members are solely and exclusively responsible for the safety, supervision, care, and conduct of any third parties, including minor children (persons under 18), who may accompany them during their private self-organised activities. Accompanied minors are strictly not System users, Team members, or platform participants, and are ineligible to interact with the scoring engine or receive analytical rewards.
Documentation and Compliance. Team members are exclusively responsible for holding valid personal identification, passports, national IDs, visas, general third-party liability protection, personal medical or personal liability insurance, and any regional permits necessary for their independent outdoor activities. The Developer assumes no liability, financial or otherwise, for health events, medical requirements, or regulatory compliance failures occurring during the Team’s private recreational activities.
Waiver and Release of Liability
Waiver and Release. To the fullest extent permitted by applicable law, the Team members explicitly release, waive, and discharge the Developer, its officers, employees, developers, agents, and subcontractors from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, death, financial loss, or expense sustained by the Team, its members, or their property in connection with their private recreation or their use of the System and its documentation.
Mandatory Consumer Law Carve-Out. Notwithstanding any other provision of these Terms, nothing in this Section shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; or (d) any liability that cannot be excluded or limited under applicable mandatory consumer-protection law in the User’s country of habitual residence (including, for EU/EEA consumers, the Consumer Rights Directive 2011/83/EU and the Unfair Contract Terms Directive 93/13/EEC).
Indemnification. Teams agree to indemnify, defend, and hold harmless the Developer from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or related to the Team’s breach of these Terms, negligent or wilful acts during private real-world navigation, or failure to comply with applicable local laws and safety regulations.
Third-Party Interactions. The Developer is a software and content supplier and carries no liability for the refusal of services, assistance, or claims by third parties, including insurers, rental agencies, or local law enforcement authorities. The Developer carries no liability for any breaches of third-party contracts committed by the Team or its members.
EU Consumer Rights and Right of Withdrawal
Users who are consumers habitually resident in the EU/EEA benefit from a statutory fourteen (14) day right of withdrawal under EU Directive 2011/83/EU. The application of this right, the digital-content waiver mechanism, and the procedure for refund requests are detailed in the separate Cancellation & Refund Policy. Nothing in these Terms restricts the consumer’s statutory rights under the law of the consumer’s country of habitual residence.
Force Majeure
Neither party shall be liable for any failure or delay in the performance of obligations under these Terms to the extent such failure or delay is caused by events beyond reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, war, armed conflict, civil unrest, terrorism, pandemics or epidemics, government action, regulatory restrictions, critical server-side outages, regional digital-grid failures, third-party infrastructure breakdowns, or labour disputes. The party affected shall promptly notify the other party and take reasonable steps to mitigate the impact. Specific consequences for force-majeure events affecting an active Series are described in the Cancellation & Refund Policy.
System Modifications, Suspension, and Termination
Data and Geographic Modifications. The Developer reserves the right to modify scenario data, coordinates, schedules, or platform format at any time for safety, legal, operational, or algorithmic optimisation reasons (e.g., environmental hazards, structural closures). Teams are not entitled to compensation or refunds for private logistical costs arising from such data adjustments, save as required under the Cancellation & Refund Policy.
System Deactivation for Breach. The Developer reserves the absolute right to deactivate access credentials and terminate the license of any Team Account at any time for a material breach of these Terms, unsafe or illegal conduct, or behaviour that damages the integrity of the System or third parties. Deactivation for breach is executed immediately and without entitlement to a refund, save as required by mandatory consumer law.
User-Initiated Account Termination. Users may terminate their Team Account at any time by contacting hello@99pelicans.com. Refund eligibility upon User-initiated termination is governed by the Cancellation & Refund Policy.
Governing Law and Jurisdiction
These Terms of Service, the software license, and all interactions with the System are governed by the laws of Ukraine, without prejudice to the mandatory consumer-protection laws of the User’s country of habitual residence within the EU/EEA, which shall continue to apply where they provide a higher level of protection. Disputes arising out of or in connection with these Terms may be brought before the competent courts of Ukraine or, at the consumer’s election, before the courts of the User’s country of habitual residence within the EU/EEA, as guaranteed by Regulation (EU) 1215/2012 (Brussels I bis) for consumer contracts.
Online Dispute Resolution. In accordance with Regulation (EU) 524/2013, the European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. The Developer’s contact email for ODR purposes is hello@99pelicans.com.
Entire Agreement and Acceptance
Entire Agreement. These Terms, together with the Privacy & Data Protection Policy and the Cancellation & Refund Policy, constitute the entire intellectual contract between the Developer and the Team regarding System access and content use. Any amendments must be issued in writing and published directly within the official System platform or on https://99pelicans.com.
Acceptance. By completing the registration payment to the Seller and accessing the System dashboard, the Team confirms they have read, understood, and accepted these Terms of Service in full.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable under the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected.
Developer Contact and Legal Identity
- Company Name: LIMITED LIABILITY COMPANY “SMART EXPERIENCE”
- Registered Address: Ukraine, city Kyiv, street Polova, build 24
- Company Registration Number: 46145133
- Official Support Email: hello@99pelicans.com
- Website: https://99pelicans.com