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Terms of Service

Introduction

  1. These Terms of Service define the rules for using the gainfps.com Website and the conditions for purchasing and providing Services.
  2. An integral part of the Website's terms of use are: Privacy Policy and information presented on the Website (including offers and service descriptions).
  3. The Website may be developed, and new sections and features are subject to these Terms of Service, unless separate conditions are introduced for a given feature.

§ 1. Provider details and contact

  1. The Service Provider (Seller) is Artur Mendela GainFPS, a sole proprietorship, NIP (Tax ID): 6282294552, REGON: 527729055, registered address: ul. Kopalniana 10/14, 32-540 Trzebinia, Poland.
  2. Contact regarding the Website and Services (including complaints): [email protected].
  3. Additional communication channels (auxiliary): Discord (private message to @gainfps), social media (Facebook/Instagram).
  4. For evidentiary and formal purposes (withdrawals, complaints, confirmations), the e-mail [email protected] or the contact form on the Website is recommended.

§ 2. Definitions

  1. Website - the website available at gainfps.com along with its functionalities (including the User Panel).
  2. User Panel / Account - a part of the Website available after logging in, enabling purchases, appointment selection, access to preparation instructions, service history, and sales documents.
  3. Client - a person using the Website and/or purchasing a Service.
  4. Consumer - a natural person making a purchase not directly related to their business or professional activity.
  5. Administrator - the Service Provider or a person authorized by the Service Provider to manage the Website, including adding Appointments, marking Priority Appointments, and assigning Appointments/Services in the User Panel.
  6. Specialist - the Service Provider or a person authorized by the Service Provider who performs the Service (in particular remote optimization).
  7. Entrepreneur with consumer rights - a natural person running a business, concluding a contract related to their business, but which does not have a professional character for them.
  8. Entrepreneur (B2B) - a Client making a purchase as part of their business or professional activity (other than an Entrepreneur with consumer rights).
  9. Service - a service offered on the Website, in particular: Remote computer optimization (packages: STANDARD / PRO / EXPERT and other variants available in the offer), Computer assembly, and minor assembly/service works.
  10. Appointment - a reserved day and time for the provision of the Service.
  11. Priority Appointment - an Appointment marked on the Website as priority (highlighted in gold), with a surcharge of PLN 50 or its equivalent in another currency.
  12. Remote Session - remote computer optimization including: a part carried out using AnyDesk software or a similar equivalent, a communication part using Discord or another program, often using a phone camera.
  13. Technical Care Period - support time after the service.

§ 3. General provisions

  1. The Terms of Service determine: rules for using the Website and Account, rules for purchasing and providing Services, rules for booking and changing Appointments, rules for payments and sales documents, rules for withdrawal (for Consumers and Entrepreneurs with consumer rights), rules for complaints and liability, rules for remote access security.
  2. The Website operates in Poland and EU countries. Supported currencies: PLN, EUR, USD, GBP.
  3. Contracts are concluded at a distance and drafted in Polish.
  4. The Client is obliged to use the Website and Services in accordance with the law and these Terms of Service, in particular not to provide illegal content.

§ 4. Services provided electronically (Account and Panel)

  1. The Website provides the following free electronic services: Account creation and maintenance, access to the User Panel, access to service preparation instructions, contact form.
  2. Creating an Account is required to purchase a Service.
  3. Account registration requires: providing an e-mail address and password, verifying the e-mail address.
  4. To use the Service, the Client additionally provides: first and last name and phone number (for contact and verification of implementation).
  5. The Service Provider sends the Client an SMS reminder approx. 2 hours before the Appointment (to the provided phone number).

§ 5. Technical requirements

  1. Using the Website requires: a device with Internet access and a web browser, an active e-mail account.
  2. Providing remote optimization requires: the Client's computer with Internet access enabling remote work, communication on Discord (using a phone), running AnyDesk for at least the estimated service time at the agreed Appointment, Client's actions enabling smooth optimization (access to BIOS/UEFI, system confirmations, communication).
  3. The Client is responsible for preparing the computer according to the instructions in the User Panel.

§ 6. Principles of legality and security (prohibitions)

  1. It is forbidden to request or expect actions contrary to the law, in particular: configuration or support of pirated software, bypassing licenses, activation, security, DRM, installation/configuration of cheats, hacks, or tools violating game rules.
  2. If the circumstances described in sec. 1 are identified, the Service Provider may refuse to provide the Service or interrupt its provision.

§ 6a. Intellectual property and protection of GainFPS content and tools

  1. All materials available on the Website (in particular: texts, guides, blog entries, graphics, photos, videos, page layout, markings, and visual identity elements) are the property of the Service Provider or are used under a license and are protected by law.
  2. During the provision of Services (in particular remote optimization), the Service Provider may use its own tools, including: scripts, configuration files, proprietary programs, automations, checklists, and other working materials (hereinafter: 'GainFPS Tools').
  3. GainFPS Tools: are not sold to the Client and are generally not transferred to ownership, may be run or temporarily placed on the Client's computer solely for the purpose of performing the Service, may be removed by the Service Provider after the Service is completed, or should be removed by the Client at the Service Provider's request.
  4. The Client may use materials and GainFPS Tools only to the extent necessary to use the Website and perform the Service, as well as to the extent to which the Service Provider intentionally makes a specific Tool available to the Client for further use after optimization is completed.
  5. It is forbidden in particular to: copy, distribute, publish, resell or make available to third parties materials from the Website or GainFPS Tools (in whole or in part), in particular on Discords, forums and file sharing services, without prior written consent of the Service Provider, attempt to 'keep' GainFPS Tools on the Client's computer by hiding, moving, renaming, restricting access to them, or taking other actions hindering their removal, modify GainFPS Tools, decompile them, reverse engineer them, or attempt to acquire the Website's technical solutions in order to copy/forge them, impersonate the Service Provider, use 'GainFPS' markings and similar names in a way that may be misleading.
  6. In the event of violations, the Service Provider may in particular: interrupt the Session (in accordance with § 20), block the Account, refuse to further provide Services, and pursue claims under general principles.

§ 7. Scope of Services - remote optimization

  1. The detailed scope of STANDARD/PRO/EXPERT packages and additional services is described in the Offer tab on individual subpages.
  2. As a rule, optimization may include (depending on the package and situation): system optimization, driver settings and environment configuration, BIOS/UEFI settings changes, CPU, GPU, and RAM overclocking/undervolting - to the extent justified and agreed with the Client.
  3. Results (FPS/1% low, etc.) presented on the website and in social media are illustrative and do not guarantee identical results for every Client.
  4. The Service is a service of diligent operation - the Service Provider strives to improve the computer's performance and the Client's satisfaction, but the final result depends, among other things, on hardware, system condition, temperatures, updates, and configuration on the Client's side.

§ 8. Purchasing a Service and concluding a contract

  1. Purchasing a Service on the Website takes place by: logging into the Account, selecting a package/service, selecting an Appointment (during purchase or later from the Panel), providing the required data, accepting the Terms of Service, Privacy Policy, and other consents, making an online payment.
  2. After paying for the order, the Client receives a confirmation by e-mail.
  3. The Administrator may exceptionally assign a Service or Appointment to the Client outside the standard purchasing process.

§ 9. Prices, currencies, and payments

  1. Payments are processed online via Stripe (methods available in a given country and currency - for example, card, transfer, BLIK, PayPal - as shown in the Stripe checkout).
  2. The price of the Service and the surcharge for a Priority Appointment are always visible before payment.
  3. The surcharge for a Priority Appointment is PLN 50 or another value in the selected currency (shown in the checkout).
  4. Discount codes: may be available on the Website, code parameters (time, amount, availability) are determined by the Administrator, codes do not combine.

§ 10. Sales documents: receipt/confirmation and invoices

  1. Each payment should have a sales document assigned in the system (receipt/confirmation or invoice) - linked to a specific order.
  2. The checkout distinguishes two modes: I am buying as a private person (default), I am buying as a company.
  3. For 'I am buying as a company', the following are required: NIP (Tax ID), name, address, and additionally EU VAT for EU companies.
  4. For 'private person', there is a 'I want an invoice' checkbox: if checked, the Client provides the data necessary for the invoice (first and last name and address), if unchecked, the Service Provider does not collect additional address data and issues a receipt/confirmation.
  5. Invoice after checkout: issue date: day of purchase, sales date: day of purchase, the invoice is sent by e-mail after payment and is available in the User Panel.
  6. Invoice generated later from the Panel: possible up to 3 months from the purchase, sales date: day of purchase, issue date: day of invoice generation, after 3 months the invoice generation button is blocked (message: 'The deadline for generating an invoice has expired.').
  7. If the Client purchased as a private person and later wants an invoice for a company - they can generate it from the Panel within the deadline from sec. 6, and the sales document is pinned to the same order.
  8. Service Provider's VAT status: exempt.

§ 11. Booking an Appointment and Priority Appointments

  1. Appointments on the Website are added on an ongoing basis and may change (availability depends on the schedule).
  2. The Client selects an Appointment: during the purchase, or later in the User Panel - if the Service has been paid for or added earlier.
  3. Priority Appointments are marked in gold and are associated with a surcharge specified in § 9 sec. 3.

§ 12. Changing the Appointment, delays, and no-shows

  1. One free change of the Appointment is available from the User Panel, if it takes place at least 24 hours before the Appointment.
  2. Each subsequent change of the Appointment (after using the free one) may require a fee of PLN 50 (or value in another currency) - the fee is charged before confirming the change.
  3. Request to change the Appointment less than 24 hours before the service: is considered individually, may involve a fee of PLN 50 (or value in another currency).
  4. Failure to appear at the Appointment (no contact and no readiness to start) may result in the necessity to pay a fee of PLN 50 (or value in another currency) for setting a new Appointment. Failure to appear is considered in particular to be a lack of contact and lack of readiness to start for at least 30 minutes from the beginning of the Appointment.
  5. Client's delay or delay resulting from incorrect preparation: if the delay exceeds 30 minutes, the Service Provider may charge an organizational fee of PLN 50 (or value in another currency), instead of charging a fee, the Service Provider may perform the Service or postpone the unperformed part - depending on schedule availability.
  6. The above rules do not limit the Consumer's rights related to statutory withdrawal from the contract (see § 17).

§ 13. Providing remote optimization - process and obligations of the parties

  1. Standard Service process: The Client prepares the computer according to the instructions in the Panel, the Client adds GainFPS on Discord (or joins the indicated channel/server), at the Appointment, the Client launches AnyDesk and provides connection details, the Specialist performs the agreed optimization activities, the second part (BIOS/UEFI) requires the Client's constant presence and their actions (technical limitations), the Client receives a summary and recommendations.
  2. Organizational requirements on the Client's side: availability during the service is recommended at all times, the Client's presence is required in the BIOS/UEFI part, the Client, for their own comfort and sense of security, should remove sensitive data from view.
  3. Scope of access to files: The Specialist does not view the Client's private files, the exception is basic locations needed to perform the Service (for example: Desktop, Downloads, main drive directories, browser for downloading and evaluating software, other programs) or others with the Client's explicit consent.
  4. Security: The Client consents to remote access under the Contract, the Service Provider creates a system restore point, the Client can observe the entire process and terminate the connection at any time (closing AnyDesk).
  5. Implementation time: the service implementation time stated on the website is approximate and may be extended depending on the package and computer condition, if exceptional situations arise (crashes, overheating, instability, need for additional tests), the Service Provider informs the Client about possible further action variants and provides support within the Technical Care Period (§ 14), unless the Parties agree otherwise.

§ 14. Technical care after the service (fixes)

  1. Technical care period: STANDARD - 7 days, PRO - 14 days, EXPERT - 30 days.
  2. Contact during technical care is via private message on Discord to @gainfps.
  3. Fixes are unlimited during the technical care period: in a free form (messages and tips), or by scheduling an additional Appointment - if necessary.
  4. After the technical care period: The Client may ask for further help, the Service Provider may request a fee for technical support (e.g., for setting the BIOS again after a Client's mistake or update), the total fee for such actions cannot exceed the package price.
  5. In exceptional situations (serious instability, suspected component failure), the Service Provider may also help after the technical care period, including supporting the Client in hardware complaint processes.

§ 15. Computer assembly - process and shipping responsibility

  1. The computer assembly service is carried out in the following model: The Client fills out a free form, the Client receives a response with a proposed parts basket, the basket can be jointly modified, but changes must be approved by the Service Provider, the Client orders parts to the address indicated in the e-mail correspondence, the Client provides the target shipping address for the finished computer, the Service Provider assembles, optimizes, tests, and secures the shipment.
  2. The Service Provider is responsible for: the quality of assembly and work performed, optimization and testing to the extent agreed with the Client, proper securing of the shipment for transport.
  3. The Service Provider has no influence on courier errors and transport damage, but: this does not exclude the Service Provider's liability for its own actions (e.g., improper securing), in the event of transport damage, the Service Provider cooperates with the Client to clarify and possibly report to the carrier (within the limits of possibilities and documents).
  4. The order for the computer assembly service is confirmed in e-mail correspondence, and payment is made via a payment link sent by the Service Provider (Stripe). Implementation begins after payment confirmation in the payment system, unless the parties agree otherwise.
  5. Shipments are sent via the Furgonetka.pl portal. Each shipment is insured for an amount of at least PLN 15,000. Shipping details (courier, waybill number, insurance terms) are provided to the Client after the parcel is sent by the Service Provider to the indicated e-mail address.

§ 16. Promotional packages and 'gift' services

  1. Combined/promotional packages may be available on the Website (for example, 2x STANDARD PACKAGE at a lower price).
  2. In the case of a package for several people: during purchase, the e-mails of users who will use the service are provided, to use the services, each user must have an Account created with the same e-mail provided during purchase.
  3. Purchase 'as a gift': the recipient's e-mail is indicated during purchase, the service appears in the User Panel assigned to this e-mail, if the recipient does not have an Account - they create one using the indicated e-mail.

§ 16a. Rewards and promotional services

  1. Services awarded as prizes in contests, tournaments, giveaways, or other promotional activities organised by the Service Provider are granted solely to the winner or to the person expressly designated by the Service Provider as entitled to receive the prize. As a rule, they may not be resold, assigned, transferred, or otherwise disposed of without the prior consent of the Service Provider. GainFPS is not a party to any private arrangements between the winner and third parties concerning the prize and accepts no responsibility for their content, performance, payments, settlements, or any fraud, disputes, or damages arising from such arrangements. Any actions of this kind are taken solely at the risk of the persons involved.

§ 17. Withdrawal from the contract (Consumer and Entrepreneur with consumer rights)

  1. A Consumer and an Entrepreneur with consumer rights may withdraw from a distance contract within 14 days from the date of concluding the contract, without providing a reason.
  2. The declaration of withdrawal can be submitted: by e-mail to [email protected], or through the contact form on the Website.
  3. If the Client requests to start providing the Service before the 14-day deadline, and then withdraws from the contract after starting the service - they may be obliged to pay for the part of the Service performed up to the time of withdrawal (proportionally). The request to start providing the service before the 14-day deadline requires an explicit declaration from the Client (e.g., a checkbox in the purchasing process or confirmation in the User Panel).
  4. If the Service has been fully performed with the express consent of the Client, who was informed before the start that they would lose the right to withdraw after the Service is performed - the right of withdrawal does not apply.
  5. The refund of payments shall be made no later than 14 days from receiving the declaration of withdrawal, using the same payment method, unless the Client agrees otherwise.
  6. Entrepreneurs (B2B) do not have the right of withdrawal unless the parties agree otherwise in writing/by e-mail.

§ 18. Complaints (improper performance of the service)

  1. Complaints regarding the Services can be submitted: via the contact form on the Website, or by e-mail to [email protected].
  2. The complaint should include: first and last name, e-mail, phone number, service number and/or order number, a description of the situation and expectation (e.g., correction/price reduction), attachments - if any (e.g., screenshots). Accepted formats: jpg, jpeg, png, webp.
  3. The Service Provider will respond to the complaint within 14 days of receiving it.
  4. If it is necessary to complete information, the Service Provider may ask for clarification (which may extend the processing time of the complaint itself, but does not postpone the response deadline without contacting the Client).

§ 19. Liability

  1. The Service Provider is liable for non-performance or improper performance of the Service based on the principles arising from the law and these Terms of Service.
  2. The Service Provider is not liable for: problems resulting from hardware defects/wear, overheating, component instability, previous modifications or system state - unless explicitly caused by the Service Provider's actions, consequences of the Client's use of illegal software or violations of game rules, failure to achieve a specific FPS level or identical results as in promotional materials (results depend on many factors).
  3. The Client acknowledges that overclocking and undervolting processes as well as BIOS/UEFI changes may affect computer stability and potentially the manufacturer's warranty conditions. The Client agrees to make such changes only after reading the Offer and risks and consciously accepts them before purchasing the Service.
  4. B2B (Entrepreneurs): the Service Provider's liability is limited to the value of the purchased Service; the Service Provider is not liable for lost profits.

§ 19a. Free materials (blog, guides)

  1. The Website may provide free educational and informational content (in particular: blog posts, guides, checklists).
  2. This content is of a general nature, constitutes additional help, and is not an individual optimization service or advice 'for a specific computer'.
  3. The Client uses free content at their own risk, particularly regarding independent changes to the system/BIOS/hardware settings.
  4. The Service Provider strives to ensure that the content is reliable and up-to-date, however, it does not guarantee that applying the advice will bring a specific effect in every case.

§ 20. Remote access security and privacy during the Session

  1. Remote access is carried out exclusively for the duration of the Service or additional sessions agreed with the Client and based on connection details consciously shared by the Client.
  2. For their own comfort, the Client should prepare the computer so that private/sensitive data is not displayed on top.
  3. The Client may terminate the AnyDesk connection at any time.
  4. It is forbidden to publish or share recordings of the Remote Session (audio/video/screen) with third parties without the prior consent of the Service Provider.
  5. The Client undertakes not to take actions during the Session that hinder or prevent the performance of the Service (e.g., parallel changes to settings, deleting files, interrupting the Specialist's activities) without agreeing it with the Specialist.
  6. In the event of the Client's actions that prevent implementation or cause a risk to the system/hardware, the Service Provider may interrupt the Session. In this case, the Service Provider may settle the performed part of the Service (in particular working time) or propose a new Appointment under the conditions specified in § 12.

§ 21. Personal data, Privacy policy, and cookies

  1. Personal data is processed for the purpose of providing Services, communication, settlements, issuing sales documents, and handling complaints.
  2. Details of data processing are described in the Privacy Policy available on the Website: gainfps.com/polityka-prywatnosci.
  3. Cookie rules are described in the Privacy Policy.

§ 22. Changes to the Terms of Service

  1. The Terms of Service may be amended on an ongoing basis due to changes in law, changes in Website functionalities, changes in the offer, or other important reasons.
  2. For Contracts concluded before the change of the Terms of Service, the version in force at the time of purchase applies, unless the change directly results from legal provisions and must act immediately.

§ 23. Final provisions

  1. The governing law is Polish law, provided that the Consumer may invoke the mandatory protective provisions of the country of their habitual residence (if applicable).
  2. Disputes with Entrepreneurs (B2B) will be resolved by the court competent for the seat of the Service Provider.
  3. The Consumer may use out-of-court methods for dealing with complaints and pursuing claims (ADR). Information on relevant ADR entities is available, among others, on the UOKiK website. The European Commission's ODR platform was closed on July 20, 2025.
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