TERMS OF SERVICE

For the Literary-Critical Publication Known as

THE FLYING FISH

Authored by Tomasz Ferdynand Goetel

PREAMBLE: THE MIRROR AND THE CONTRACT

By accessing, subscribing to, or remaining on this publication, you enter into a binding legal covenant. If you dissent from these terms, unsubscribe immediately. Explicit agreement is encouraged via subscription confirmation.

Whereas the Author holds that civilized discourse requires both shield and scalpel; and whereas this Publication operates under the presumption that the Word is free but the interpretation thereof is the sole burden of the Reader; now, therefore, the Reader, by the act of accessing, subscribing to, or receiving correspondence from this Publication, enters into this binding covenant with the Author.

The Author presents these pages as a speculum—a mirror reflecting not the world as it is certified by bureaucratic consensus, but as it is refracted through the prism of traditionalist Christian philosophy, Menippean satire, and the Socratic dialogue. The Reader is warned: herein be dragons, Dante, and dangerous opinions. If you seek comfort, repair to the op-eds of the Financial Times; if you seek truth unvarnished, proceed under the terms below.

1. DEFINITIONS

1.1 “The Flying Fish” (hereinafter: Dzieło or Publication) designates the digital corpus of essays, dialogues, satires, and philosophical excursions authored by Tomasz Ferdynand Goetel, including but not limited to the Ryba po polsku series, the Nasties columns, and the Post-God Globalism dispatches.

1.2 “Author” designates Tomasz Ferdynand Goetel, a natural person of Polish citizenship, domiciled within the jurisdiction of the Republic of Poland, currently residing in Spain as an autónomo (self-employed professional).

1.3 “Reader” designates any natural or legal person who accesses, subscribes to, downloads, or otherwise ingests the Content, whether gratuitously or through remunerated subscription.

1.4 “Content” designates all textual, visual, and hypertextual material published herein, including footnotes, marginalia, disclaimers, and the spaces between the words where the silence lives.

1.5 “Platform” designates Substack, Inc., the hosting technology provider. The Platform’s Terms of Service are incorporated herein by reference. In the event of conflict between these Terms and the Platform’s Terms, the Platform’s Terms shall prevail as to matters of hosting, distribution, and account termination, while these Terms shall govern as to substantive legal disputes between Author and Reader (jurisdiction, arbitration, assumption of risk). The Author acknowledges that the Platform retains sole discretion to remove content or terminate access under its policies.

2. NATURE OF THE CONTENT & CONTRACTUAL DISCLAIMER

2.1 Literary and Artistic Purpose

The Content is offered exclusively as literary art—satire, philosophical dialogue, theological meditation, and cultural autopsy. It constitutes Dzieło (a work of authorship) under the Polish Copyright Act of 4 February 1994 (Ustawa o prawie autorskim i prawach pokrewnych), not journalism, investment advisory, medical direction, or legal counsel. The Author is a humanista and professional writer (trader status confirmed under Polish law), not a physician, attorney, or certified financial planner. No fiduciary, therapeutic, or professional relationship is created or implied.

2.2 Fictional and Personative Framework

The Author employs personae—dramatic masks through which irony and contrarian argument are ventriloquized. Statements attributed to the PW, the Maestro, or other voices are literary devices, not sworn testimony. References to public figures occur within the frame of salon critique or Menippean satire and shall be interpreted as rhetorical exaggeration, allegory, or speculative philosophy, not as factual assertions defamatory in character.

2.3 No Reliance Permitted

The Reader expressly covenants that he/she shall not rely upon any medical, psychiatric, financial, or geopolitical assertion contained herein as a basis for action. Specifically:

• No instruction to discontinue, alter, or commence pharmacological treatment is intended or implied.

• No incitement to illegal activity, violence, or civil disorder is contained in these pages; the Author condemns such methods as incompatible with Christian anthropology.

• Any perceived “call to action” is to be understood as an aesthetic or spiritual exhortation (e.g., “withdrawal” as moral secession, not tax evasion).

2.4 Protected Speech Classification

The Content constitutes expression protected under Article 54 of the Constitution of the Republic of Poland (freedom of speech and press, prohibition of preventive censorship) and Article 11 of the Charter of Fundamental Rights of the European Union. The Author asserts that his critiques—however abrasive—fall within the margin of appreciation afforded to artistic and religious speech under the European Convention on Human Rights (ECHR).

3. GOVERNING LAW & EXCLUSIVE JURISDICTION

3.1 These Terms and all disputes arising from the Publication shall be governed by the laws of the Republic of Poland, specifically the Polish Civil Code (Kodeks cywilny), the Copyright Act of 1994, and the Constitution of the Republic of Poland, without recourse to conflict-of-laws principles that might invoke foreign jurisdictions. Notwithstanding the Author’s current residence in Spain, Polish law applies pursuant to the Rome I Regulation (EC) No 593/2008.

3.2 Exclusive Forum

Any claim, suit, or action against the Author arising from the Content must be brought exclusively in the courts of Warsaw, Poland (Sąd Okręgowy w Warszawie). The Reader irrevocably submits to the jurisdiction of said courts and waives any defense of forum non conveniens or lack of personal jurisdiction.

4. BINDING ARBITRATION & WAIVER OF COLLECTIVE ACTION

4.1 Arbitration Clause

Any dispute, controversy, or claim arising out of or relating to these Terms, the Content, or the relationship between Author and Reader—including but not limited to allegations of defamation, “hate speech,” emotional distress, or copyright infringement—shall be finally settled by binding arbitration under the Rules of the Court of Arbitration at the Polish Chamber of Commerce (Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej w Warszawie).

4.2 Seat and Language

The seat of arbitration shall be Warsaw, Poland. The proceedings shall be conducted in the Polish language, or in English if mutually agreed by the parties; documentary evidence in English, French, or German may be submitted without translation. The arbitral tribunal shall consist of one (1) arbitrator appointed in accordance with the aforementioned Rules.

4.3 Waiver of Class or Collective Action

THE READER EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE REDRESS, OR REPRESENTATIVE PROCEEDINGS OF ANY KIND. All claims must be brought individually. The arbitrator shall have no authority to consolidate claims or preside over any form of class or representative proceeding.

4.4 Cost Allocation

The prevailing party shall be entitled to recover reasonable legal fees, arbitration costs, and expenses. If the Reader initiates arbitration and fails to obtain an award more favorable than the Author’s last written settlement offer, the Reader shall pay the Author’s legal fees.

4.5 Consumer Opt-Out

If the Reader qualifies as a consumer under EU Directive 2013/11/EU or the UK Consumer Rights Act 2015 (i.e., acting outside trade/business/profession), the Reader may opt out of the arbitration clause (Section 4) within 30 days of subscription by emailing tomaszgoe@protonmail.com with subject “ARBITRATION OPT-OUT.” In such cases, disputes shall be litigated exclusively in the courts of Warsaw, Poland, but the Reader retains all statutory consumer rights applicable in their jurisdiction of residence. The Author declares that The Flying Fish is operated as a professional economic activity (journalism/letters) under Polish law, not a hobby.

5. ASSUMPTION OF RISK & COVENANT NOT TO SUE

5.1 The Reader acknowledges that The Flying Fish emanates from a traditionalist Christian worldview that may conflict with contemporary progressive, secular, or bureaucratic orthodoxies. The Content may include:

• Critiques of psychiatric pharmacology;

• Skepticism toward supranational governance (EU, WEF, UN);

• Gender essentialism and defense of patriarchal family structures;

• Demographic analysis regarding cultural continuity;

• Theological condemnations of usury, abortion, and “therapeutic” culture.

5.2 By accessing the Content, the Reader assumes all risk of offense, cognitive dissonance, ideological trauma, or “moral injury” arising from encounter with these viewpoints. The Reader covenants not to bring suit, administrative complaint, or “hate speech” prosecution against the Author based on the Content’s religious, philosophical, or political character, acknowledging that contractual assumption of risk is a valid defense under Polish civil law (Article 361 § 1 of the Civil Code).

5.3 If the Reader resides in a jurisdiction where accessing “controversial” or “traditionalist” material constitutes a legal hazard (e.g., under foreign “hate speech” statutes), the Reader is instructed to discontinue access immediately. Continued subscription constitutes fraudulent concealment of residency and voids this disclaimer’s protections as to that Reader.

6. INTELLECTUAL PROPERTY & LICENSE

6.1 All Content is the exclusive intellectual property of Tomasz Ferdynand Goetel, protected under the Polish Copyright Act of 1994 and international treaties (Berne Convention, TRIPS).

6.2 Limited License

The Author grants the Reader a revocable, non-exclusive, non-transferable license to access and read the Content for personal, non-commercial use only. This license does not permit:

• Reproduction, republication, or “mirroring” on third-party platforms;

• Use of Content to train artificial intelligence or machine learning models;

• Creation of derivative works without written permission;

• Commercial exploitation (e.g., inclusion in academic anthologies without licensing);

• Forwarding or redistribution of email newsletters without express written consent.

6.3 Fair Dealing Exception

Brief quotations (not exceeding 500 words) for purposes of criticism, review, or academic citation are permitted provided: (a) full attribution is given; (b) the excerpt does not constitute the “heart” of the work; and (c) the use does not supersede the market for the original.

6.4 Enforcement

Unauthorized use shall be pursued under Article 116 et seq. of the Polish Copyright Act, including claims for damages, injunctive relief, and penal sanctions under Article 278 of the Polish Criminal Code (unauthorized use of dzieło).

7. PRIVACY, DATA MINIMALISM & GDPR

7.1 Minimal Collection

The Author adheres to a data minimization principle. The Publication collects only:

• Email addresses (processed by Substack, Inc., as data processor);

• Anonymized IP logs (retained by Substack for 60 days);

• No third-party tracking cookies, pixels, or analytics beyond Substack’s defaults.

7.2 Payment Data

Payment processing is conducted by Stripe, Inc. (data processor). The Author does not store credit card numbers. The lawful basis for processing payment data is contractual necessity (Art. 6(1)(b) GDPR) and legitimate interest (Art. 6(1)(f)) in fraud prevention.

7.3 Data Retention

Email addresses of subscribers are retained for the duration of the subscription plus 3 years (Polish civil statute of limitations for contract claims), after which they are purged. IP logs (Substack) are retained per Platform policy (60 days).

7.4 Cross-Border Transfers

Subscriber data may be transferred to the United States (Substack/Stripe servers). The Author relies on the EU-US Data Privacy Framework and Standard Contractual Clauses (SCCs) for lawful transfer. Objections to US data hosting must be directed to the Platform; the Author cannot alter server geography.

7.5 Rights of Data Subjects

Pursuant to the GDPR, the Reader retains rights of access, rectification, and erasure, exercisable by email to tomaszgoe@protonmail.com. However, requests for erasure shall not apply to archived backups maintained for legal defense purposes. No special category data (e.g., religious beliefs) is directly processed; subscription implies interest in traditionalist Christian topics, processed under legitimate interests (Art. 6(1)(f) GDPR).

8. MODIFICATIONS & SEVERABILITY

8.1 The Author reserves the right to amend these Terms unilaterally. Material changes shall be notified via email or prominent notice atop the Publication. Continued access after thirty (30) days constitutes acceptance of amended Terms.

8.2 Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction in Warsaw, such provision shall be struck, and the remaining provisions shall continue in full force and effect.

9. CONTACT & SERVICE OF PROCESS

For legal notices, copyright complaints, DSA takedown requests, or arbitration initiation:

Tomasz Ferdynand Goetel

Email: tomaszgoe@protonmail.com

Jurisdiction: Republic of Poland

Service of legal process may be effected via the above email (with read-receipt confirmation) or through the Sąd Okręgowy w Warszawie for physical summons.

10. FINAL COVENANT: THE WAGER

By clicking “Subscribe,” “I Agree,” opening the welcome email, or maintaining a subscription for more than 48 hours, you, the Reader, wager your attention against the Author’s word. You acknowledge that you enter this space not as a consumer seeking safe product, but as a maecenas of dangerous ideas, a patron of the flying fish who swims between the air of freedom and the water of tradition.

You have been warned. You have been welcomed.

In lumine tuo videbimus lumen.

Effective Date: February 25, 2026

Version: 3.0 (The Warsaw Covenant—Enhanced Compliance)

11. DIGITAL SERVICES ACT COMPLIANCE

11.1 Point of Contact for Illegal Content

Notifications of allegedly illegal content (hate speech, copyright infringement, etc.) must be sent to: tomaszgoe@protonmail.com with subject line “DSA NOTICE – CONTENT.”

11.2 Notice-and-Action Procedure

Upon receipt of a valid notice (identifying: [a] the specific URL, [b] the legal basis for complaint under Polish law, [c] complainant’s contact details), the Author shall:

• Acknowledge receipt within 48 hours;

• Evaluate the complaint within 7 days;

• Remove or disable access to content only if the complaint demonstrates manifest illegality under Polish criminal law (Article 256 §2 or 212 §2 of the Penal Code). Mere “offensiveness” or “disagreement” shall not trigger removal. As a micro-enterprise exempt from certain DSA obligations, the Author voluntarily complies with this procedure.

11.3 Counter-Notice (Right to Reinstatement)

If the Author removes content, the affected party may submit a counter-notice contesting the illegality. The Author shall restore the content within 14 days unless a court order is provided to the contrary.

11.4 Transparency Reports

The Author shall publish biannual summaries of takedown notices received and actions taken, in compliance with DSA Article 13.