WebConcept Terms of Service

I. Service Provider and contact

1. The WebConcept online platform, available at https://webconcept.app, is operated by CyberGorilla Sp. z o.o. with its registered office in Warsaw, address: ul. Marszałkowska 58, 00-545 Warszawa, Poland, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0001148248, NIP: 7011240065, REGON: 540611381, share capital: PLN 5,000, hereinafter referred to as the "Service Provider".
2. The Service Provider may be contacted by means of:
   • a)e-mail – at the address: [email protected];
   • b)ordinary post – at the address: ul. Marszałkowska 58, 00-545 Warszawa, Poland;
   • c)the contact form available at https://webconcept.app/#contact.
3. The address [email protected] is the single point of contact referred to in Articles 11 and 12 of the Digital Services Act – for the authorities of the Member States, the European Commission and the European Board for Digital Services, and for recipients of the service. Communication may take place in Polish or in English.
4. These terms of service (hereinafter: the "Terms") are the terms of service referred to in Article 8 of the Polish Act on Providing Services by Electronic Means of 18 July 2002 (ustawa o świadczeniu usług drogą elektroniczną). They are made available free of charge at https://webconcept.app/en/legal/terms-of-service, before the Agreement is concluded, in a manner that allows them to be obtained, reproduced and recorded.
5. The Agreement is concluded in the Polish language. The English version of the Terms is for information purposes; in case of any discrepancy the Polish version is binding.

II. Definitions

1. The terms used in the Terms have the following meanings:
   • a)Platform – the WebConcept online platform operated by the Service Provider at https://webconcept.app, comprising in particular the Panel, the AI Generator and the infrastructure used to publish and maintain Customer Sites;
   • b)Customer – a natural person, a legal person or an organisational unit having legal capacity, who uses the Platform;
   • c)Consumer – a Customer who is a consumer within the meaning of Article 22¹ of the Polish Civil Code of 23 April 1964 (Kodeks cywilny);
   • d)Business Customer – a Customer who is an entrepreneur within the meaning of Article 43¹ of the Polish Civil Code, excluding the person referred to in section 2;
   • e)Services – the services provided by the Service Provider by electronic means within the Platform, described in Chapter III; the Account and the Subscription are digital services within the meaning of the Polish Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta), supplied continuously;
   • f)Account and Panel – the Account is the Customer's individual account in the Platform, identified by an e-mail address and secured with a password or linked to the Customer's Google account; the Panel is the part of the Platform available after logging in to the Account, used to manage Projects, Customer Sites, the Subscription and Account settings;
   • g)Brief – the information entered by the Customer in the Panel (in particular the industry, name, description of the business and preferences concerning the site), on the basis of which the AI Generator creates the Project;
   • h)AI Generator – the function of the Platform which, on the basis of the Brief and using artificial intelligence systems supplied by third parties, creates the Project in an automated manner;
   • i)Project and Customer Site – the Project is the Customer's website created within the Account, in draft form; the Customer Site is a Project published by the Customer under a subdomain in the webconcept.cloud domain and maintained on the Service Provider's infrastructure;
   • j)AI Content – the texts, layout and code of the site produced in an automated manner by the AI Generator, in the form in which they were made available to the Customer;
   • k)Customer Content – all content entered, uploaded or published by the Customer in the Platform, in particular the Brief, texts, photographs, logotypes and articles, as well as AI Content to the extent that the Customer has changed or published it;
   • l)Plan and Price List – the Plan is a variant of the Subscription determining the scope of the Platform's functions, the limits (in particular the number of Projects and Customer Sites) and the price; the Price List is the information on the Plans, their scope, limits and prices, available at https://webconcept.app/#pricing;
   • m)Subscription and Billing Period – the Subscription is a paid Service consisting in making the functions of the Platform available to the Customer within the scope of the selected Plan for successive Billing Periods; the Billing Period is the period selected by the Customer for which the fee is charged: a month or a year;
   • n)Agreement – the agreement for maintaining the Account or the Subscription agreement, concluded at a distance in the manner set out in the Terms.
2. The provisions of the Terms concerning the Consumer also apply to a natural person concluding an Agreement directly related to their business activity where that Agreement does not have a professional character for them – a sole trader with consumer rights (Article 7aa of the Polish Consumer Rights Act, Article 385⁵ of the Polish Civil Code).
3. The legal acts referred to in the Terms are: the Polish Civil Code – the Act of 23 April 1964; the Polish Consumer Rights Act – the Act of 30 May 2014; the Polish Act on Providing Services by Electronic Means – the Act of 18 July 2002; the Digital Services Act – Regulation (EU) 2022/2065; the AI Act – Regulation (EU) 2024/1689; the GDPR – Regulation (EU) 2016/679.

III. Services and technical requirements

1. The Service Provider provides the following Services by electronic means:
   • a)maintaining the Account and making the Panel available;
   • b)the creation of Projects by the AI Generator on the basis of the Brief;
   • c)editing the Project and the Customer Site, including texts, photographs, articles and the contact form;
   • d)publishing the Customer Site under a subdomain in the webconcept.cloud domain and maintaining (hosting) it on the Service Provider's infrastructure;
   • e)exporting the Customer Site and its content to a ZIP archive;
   • f)making available information on the Services and the contact form, both of which may be used without an Account.
2. Maintaining the Account is free of charge. The scope of the functions available in the individual Plans and without a Subscription, including the limits on the number of Projects and Customer Sites, is set out in the Price List.
3. The AI Generator creates the Project in an automated manner. The Project is a proposal which the Customer should review and, where necessary, correct before publication; the rules concerning AI Content are set out in Chapter VIII. The generation time indicated in the Platform is approximate.
4. The Customer does not acquire any rights to the subdomain. The Service Provider may change it for important reasons, in particular where its name infringes the rights of third parties, is misleading or is contrary to the law, informing the Customer thereof.
5. Services other than those described in the Terms are provided by the Service Provider solely on the basis of separate, individual arrangements with the Customer.
6. Using the Platform requires:
   • a)a device with access to the Internet;
   • b)an active e-mail account;
   • c)a current version of the Google Chrome, Mozilla Firefox, Apple Safari or Microsoft Edge browser;
   • d)JavaScript and cookies enabled.
7. The Customer cooperates with the Service Provider, to a reasonable extent and using the technical means least burdensome for the Customer, in order to establish whether the improper functioning of the Service results from the features of the Customer's digital environment (Article 43l of the Polish Consumer Rights Act).
8. The use of services provided by electronic means involves the typical risks of the Internet, such as malware, the fraudulent obtaining of data (phishing) and password takeover; the Customer should use up-to-date software and a strong, unique password. Information on cookies is set out in the Privacy Statement.

IV. Account

1. Creating an Account requires providing an e-mail address, setting a password and accepting the Terms. An Account may also be created by signing in with a Google account – the e-mail address and the display name are then taken from that account, no password is set, and the Customer accepts the Terms by starting that sign-in after reading the information displayed next to the button. The agreement for maintaining the Account is concluded upon the creation of the Account, for an indefinite period.
2. An Account may be created by a natural person having full capacity to perform acts in law, acting in their own name or on behalf of a Customer who is not a natural person; in the latter case that person declares that they are authorised to create the Account and to conclude Agreements on behalf of that Customer.
3. A Customer may hold one Account. An Account created with a password and an Account created with a Google account are separate: a given e-mail address is used with the sign-in method the Account was created with. Creating further Accounts in order to circumvent the limits of the Plan is not permitted.
4. The Customer provides data that are true, current and complete, and updates them whenever they change.
5. The Customer keeps the password confidential and is responsible for acts performed within the Account using its login credentials, unless the credentials were disclosed for reasons attributable to the Service Provider. The Customer is responsible for the actions of persons whom it has enabled to use the Account as for its own actions.
6. The Customer informs the Service Provider without undue delay of any unauthorised access to the Account or of a suspicion of such access; the Service Provider may then temporarily block access to the Account until a new password is set.
7. The rules for deleting the Account are set out in Chapter VI.

V. Subscription, prices and payments

1. The Service Provider offers the Subscription in the Plans described in the Price List, for a monthly or an annual Billing Period. The Price List and other information on the Services do not constitute an offer within the meaning of the Polish Civil Code, but an invitation to conclude an Agreement.
2. Prices are stated and charged in euro (EUR); Plan changes and refunds are also settled in that currency. The prices stated to Consumers include taxes. The total price including taxes is indicated before the order is placed. Promotions apply on the terms indicated in their description.
3. The Customer places an order after logging in to the Account, by selecting a Plan and a Billing Period and then making a payment on the website of the payment operator – Stripe Payments Europe, Ltd. with its registered office in Dublin (Ireland). Placing an order entails an obligation to pay. Until the payment is made, the Customer may abandon the order without any obligations.
4. The Subscription agreement is concluded upon the Service Provider receiving from the payment operator the confirmation of payment for the first Billing Period. As of that moment the Service Provider makes the functions of the selected Plan available to the Customer. The Service Provider confirms the conclusion of the Agreement by e-mail, in accordance with Article 21 of the Polish Consumer Rights Act.
5. The Subscription is concluded for a Billing Period and renews automatically for successive Billing Periods of the same length until the Customer cancels it (Chapter VI). The fee is charged in advance, on the day each Billing Period begins; purchasing the Subscription constitutes an authorisation to charge the payment method indicated by the Customer on a recurring basis.
6. The Customer provides payment card data directly to the payment operator; the Service Provider does not store them.
7. The Customer may change the Plan in the Panel. The change takes place upon its confirmation, and the fee for the remaining part of the current Billing Period is settled proportionally, on the terms indicated before the change is confirmed.
8. Invoices are issued and made available in electronic form, to which the Customer consents by accepting the Terms. The Customer provides correct invoice details before making the payment.
9. If charging the fee for a successive Billing Period fails, the payment operator retries the charge in accordance with its own rules. If the amount due is not settled, the Subscription is cancelled and the Service Provider may unpublish the Customer Sites. No fees are charged for a period in which the Subscription was not provided.
10. The price of the Subscription does not change during a paid Billing Period. A new price for successive Billing Periods binds the Customer only if the Customer expressly agrees to it. In the absence of such agreement, the Subscription does not renew and ends upon the expiry of the paid Billing Period.

VI. Term and termination of the Agreement

1. The Customer may cancel the Subscription at any time, without giving a reason, in the Panel or by e-mail to [email protected]. The cancellation takes effect at the end of the current, paid Billing Period; until then the Customer uses the Subscription in full and no further fees are charged.
2. After the Subscription ends, irrespective of the reason, the Service Provider may unpublish the Customer Sites. The Projects remain in the Account; the Customer may export the Customer Sites and their content or purchase a Subscription again.
3. The Customer may at any time request the deletion of the Account – by e-mail to [email protected], sent from the address assigned to the Account, or in the manner indicated in the Panel. The Service Provider deletes the Account without undue delay, no later than within one month of the request. The deletion of the Account terminates the agreement for maintaining the Account and ends the Subscription.
4. Upon the deletion of the Account, the Customer Sites cease to be publicly available, and the Projects, the Customer Content and the AI Content are deleted irreversibly – before requesting the deletion of the Account, the Customer should export the content it wishes to keep. Backup copies are overwritten in their rotation cycle. Billing documents, in particular invoices, are stored for the period required by tax law and accounting law.
5. Where the Customer cancels the Subscription or deletes the Account, the fee for the current Billing Period is not refundable, unless an obligation to refund it results from the Terms or from mandatory provisions of law.
6. The Service Provider may terminate the Agreement without observing a notice period for important reasons, which are: publishing or storing prohibited content in the Platform or another material breach of Chapter IX; using the Platform or a Customer Site for activity contrary to the law or to cause harm to third parties; actions endangering the security of the Platform, of other Customers or of their data; providing untrue identification data or impersonating another person; infringing the intellectual property rights of the Service Provider or of third parties. Where the nature of the breach so permits, the Service Provider first calls on the Customer to cease the breaches. The notice of termination is sent by e-mail and states the reasons.
7. The Service Provider may terminate the agreement for maintaining an Account not covered by an active Subscription in the event that the operation of the Platform is discontinued or materially limited – by e-mail, with appropriate advance notice enabling the Customer to export its content.
8. The termination of the Agreement does not affect the rights acquired by the parties before its termination or the provisions which, by their nature, remain in force after it ends, in particular those concerning liability for content, the licence to AI Content and complaints.

VII. Right of withdrawal from the Agreement

1. A Consumer, including a sole trader with consumer rights (Chapter II section 2), may withdraw from the Subscription agreement within 14 days of the day of its conclusion, that is, of the day on which the payment for the first Billing Period is confirmed (Chapter V section 4), without giving a reason. The right of withdrawal is available also where the Customer has already used the Subscription. To meet the deadline, it is sufficient to send the statement before it expires.
2. The statement of withdrawal may be made in any unequivocal form, in particular by e-mail to [email protected] or in writing to the Service Provider's address. The model form included in the document Withdrawal from the Agreement may be used, but it is not obligatory. The statement should make it possible to identify the Customer, in particular by indicating the e-mail address assigned to the Account.
3. A Customer who has withdrawn from the Agreement within the deadline receives a refund of all payments made, in full, and does not bear the costs of the Services provided up to the moment of withdrawal. The Service Provider makes the refund without undue delay, no later than within 14 days of the day of receiving the statement, using the same means of payment as the Customer used, unless the Customer has expressly agreed to a different means of refund that does not involve any costs for the Customer.
4. In the event of withdrawal, the Agreement is deemed not to have been concluded and the Subscription ends; the Service Provider may then unpublish the Customer Sites, and the Account remains active. Article 32a of the Polish Consumer Rights Act applies to the content supplied or created by the Customer while using the Services; the Customer may retrieve it by means of the export.
5. The information on the right of withdrawal and the model withdrawal form are contained in the document Withdrawal from the Agreement, which forms an integral part of the Terms.
6. The Customer may delete the free Account at any time on the terms set out in Chapter VI; a separate statement of withdrawal from the agreement for maintaining the Account is not needed.

VIII. Customer Content and AI Content

1. The Customer retains all rights to the Customer Content. Upon placing Customer Content in the Platform, the Customer grants the Service Provider a free-of-charge, non-exclusive, territorially unlimited licence to use it solely to the extent necessary to provide the Services: recording, reproducing, storing, making backup copies, transmitting, making publicly available as part of the Customer Site, and making the technical changes necessary for correct display. The licence remains in force until the content is deleted and, as regards backup copies, until they are overwritten.

2. The Service Provider does not use the Customer Content for purposes other than providing the Services; in particular, it does not use it to train artificial intelligence models.

3. The Customer is responsible for the Customer Content and for the AI Content which it has published or otherwise used. By placing Customer Content in the Platform, the Customer declares that:

   • a)it holds the rights or licences allowing it to place and publish that content and to grant the licence referred to in section 1;
   • b)the content does not infringe the law or the rights of third parties, including copyright, trade mark rights, personal rights, the right to one's image and the right to the protection of personal data;
   • c)it has obtained the required consents of the persons whose image or personal data it places.

4. The Customer is solely responsible for fulfilling the legal obligations connected with running the Customer Site, in particular for placing on it the legally required information about itself, its own privacy policy and information on cookies and, where it offers goods or services through the Customer Site, for fulfilling the obligations arising from consumer protection law.

5. AI Content is generated automatically by artificial intelligence systems supplied by third parties, on the basis of the Brief and other information provided by the Customer. It follows from the nature of this technology that AI Content:

   • a)may contain information that is untrue, outdated, incomplete or inaccurate, including information concerning the Customer's business, the law, prices or third parties;
   • b)is not unique and may be similar to content generated for other Customers or publicly available;
   • c)may show similarity to works, trade marks or other protected assets of third parties;
   • d)may not be eligible for copyright protection.

   The Service Provider does not guarantee the truthfulness, uniqueness or fitness of AI Content for a particular purpose.

6. The Customer is obliged to check the AI Content before publishing or otherwise using it, in particular as to its truthfulness, its compliance with the law and the rights of third parties, and to change or delete it where necessary. Publication takes place solely on the basis of a decision of the Customer, who bears editorial responsibility for the Customer Site; published AI Content is regarded as information provided by the Customer. Where Article 50(4) of the AI Act applies to content published by the Customer, the Customer labels it in accordance with that provision.

7. The AI Generator does not create photographs or graphics. The photographs selected automatically for the Project come from external stock photo libraries, in particular Pixabay, Pexels and Unsplash, and are made available under the licence terms of those libraries. The Customer uses them in accordance with those terms – in particular, it does not sell them or distribute them as standalone files and does not suggest that the persons or brands shown in them endorse its business – and may replace them with its own photographs at any time.

8. To the extent that the Service Provider holds any rights to the AI Content generated for the Customer, the Service Provider, upon making it available in the Panel, grants the Customer, as part of the Subscription fee, a non-exclusive licence, unlimited in time and territory, to use it within the Platform and outside it, in all known fields of exploitation, for any purpose, including commercial purposes. The licence remains in force after the Agreement ends. The Service Provider does not ensure exclusivity of use of the AI Content. The licence does not cover the photographs referred to in section 7, the software of the Platform (in particular the Panel and the AI Generator) or the Service Provider's trade marks.

9. The Platform, including its software, the graphic elements of the interface and the designation "WebConcept", is protected by intellectual property rights vested in the Service Provider or its licensors. For the term of the Agreement, the Service Provider grants the Customer a non-exclusive, non-transferable licence to use the Platform within the scope of the functions made available under the Account and the selected Plan, for the purpose of creating, editing, publishing and maintaining the Customer's own Customer Sites.

IX. Rules of use and content moderation

Prohibited content and activities

1. The Customer uses the Platform in accordance with the law and the Terms, respecting the rights of third parties. The supply of unlawful content by the Customer is prohibited.
2. It is prohibited to place, store, publish or disseminate, through the Platform and the Customer Sites, content that:
   • a)is unlawful, including content inciting the commission of a criminal offence or praising it;
   • b)infringes the rights of third parties, in particular copyright, trade mark rights, personal rights, the right to one's image or the right to privacy;
   • c)contains malware or code enabling unauthorised access to systems or data, or links to such content;
   • d)serves the fraudulent obtaining of data (phishing), fraud or misleading others as to the identity of the sender;
   • e)constitutes unsolicited commercial information (spam) or serves its mass distribution;
   • f)is pornographic, or depicts the sexual abuse of minors;
   • g)incites hatred or violence, or insults on grounds of nationality, ethnic origin, race, religion, lack of religious denomination, sex, sexual orientation, disability or age;
   • h)consists in impersonating another person, institution or brand, including the Service Provider, or suggests non-existent links with them.
3. Furthermore, the Customer may not:
   • a)disrupt or overload the operation of the Platform or of Customer Sites, in particular by means of malware, bots or scripts automating the use of the Platform;
   • b)attempt to gain access to information not intended for it, including information concerning other Customers;
   • c)retrieve in an automated manner the contents of the Platform or of other Customers' Customer Sites, with the exception of the indexing of published sites by search engines;
   • d)copy, decompile or reverse-engineer the source code of the Platform, subject to mandatory provisions of law;
   • e)circumvent the limits of the Plan, technical safeguards or billing mechanisms, including by using the AI Generator in an automated or mass manner;
   • f)use the AI Generator to produce the content referred to in section 2, or circumvent the safeguards of artificial intelligence systems;
   • g)make the Account available to third parties or resell the Services without the Service Provider's consent.

Reporting illegal content

4. Anyone may report to the Service Provider content which they consider illegal and which is located in the Platform or on a Customer Site – by e-mail to [email protected] or through the contact form available at https://webconcept.app/#contact (Article 16 of the Digital Services Act). The notice should contain:
   • a)a substantiated explanation of the reasons why the notifier considers the content in question to be illegal;
   • b)the exact electronic location of the content, in particular the URL;
   • c)the name and e-mail address of the notifier, except in the case of notices concerning content depicting the sexual abuse of minors;
   • d)a statement that the notifier believes in good faith that the information contained in the notice is accurate and complete.
5. The Service Provider confirms receipt of the notice if it contains the notifier's contact details, processes it with due diligence, and informs the notifier of its decision and of the available means of legal redress.

Content moderation and restrictions

6. With regard to the content published on Customer Sites, the Service Provider provides a hosting service within the meaning of the Digital Services Act. The Service Provider does not monitor that content and does not use tools for scanning it automatically or for automated decision-making about content. The technical measures applied serve the security of the Platform and not the assessment of content: the filtering of network traffic by the network infrastructure provider (Cloudflare), the anti-bot verification of the Platform's forms (Cloudflare Turnstile), limits on the number of requests, and the automatic validation and sanitisation of the Brief entered into the AI Generator.
7. Decisions concerning content are taken by a human – on the basis of a notice, an order of a competent authority or the Service Provider's own findings – with due diligence, in an objective and proportionate manner.
8. Where content is illegal or incompatible with the Terms, the Service Provider may unpublish the Customer Site (the site ceases to be publicly available) and, in the event of a material breach, terminate the Agreement on the terms set out in Chapter VI.
9. The Service Provider informs the Customer of the restriction applied by e-mail, providing the statement of reasons required by Article 17 of the Digital Services Act.
10. A Customer who disagrees with the decision may reply to [email protected], use out-of-court dispute settlement, where available, or bring the matter before a court. The Service Provider is a micro-enterprise within the meaning of Article 19 of the Digital Services Act and does not operate an internal complaint-handling system.
11. The Service Provider complies with orders of the competent judicial and administrative authorities concerning content and informs the Customer of them to the extent required by law.

X. Availability, changes to the Service and liability

1. The Service Provider exercises due diligence to ensure that the Platform and the Customer Sites operate without interruption, but does not guarantee any specific level of availability. Technical interruptions are possible, including those necessary to remove a failure or a security threat.

2. The Service Provider is not liable for the unavailability of the Platform or of a Customer Site resulting from force majeure, unlawful actions of third parties (including DDoS attacks), failures on the part of Internet network providers, or the features of the Customer's digital environment. Nor is the Service Provider liable for the Customer Content or for the AI Content published or used by the Customer.

3. The Service Provider may make a change to the Service that is not necessary to maintain its conformity with the Agreement (Article 43p of the Polish Consumer Rights Act) solely for the following justified reasons:

   • a)technological development, including a change or replacement of artificial intelligence models or of other components supplied by third parties;
   • b)a change in the law, or a decision, recommendation or guidelines of a competent authority;
   • c)the need to ensure the security of the Platform, of Customers or of their data;
   • d)a change in the terms on which the providers used by the Service Provider supply their services;
   • e)improving or extending the functions of the Platform, or improving its performance or usability.

   The change does not involve any costs on the part of the Customer; the Service Provider informs the Customer of it in a clear and comprehensible manner.

4. Where the change materially and negatively affects the Consumer's access to the Service or the use of it, the Service Provider informs the Consumer of it with appropriate advance notice on a durable medium, and the Consumer has the rights set out in Article 43q of the Polish Consumer Rights Act, including the right to terminate the Agreement.

5. Towards the Consumer, the Service Provider is liable for the conformity of the Service with the Agreement on the terms set out in chapter 5b of the Polish Consumer Rights Act (Articles 43h–43q). The Consumer may assert the rights arising on that account by way of a complaint.

6. No provision of the Terms excludes or limits the rights of the Consumer arising from mandatory provisions of law; in the event of a conflict, those provisions prevail.

XI. Complaints and out-of-court dispute resolution

1. The Customer may lodge a complaint concerning the Services, in particular their non-conformity with the Agreement, the improper performance of the Agreement or the functioning of the Platform – by e-mail to [email protected] or in writing to the Service Provider's address.
2. The complaint should state a description of the problem, the demand and data making it possible to identify the Customer, in particular the e-mail address assigned to the Account. Where the information provided is insufficient, the Service Provider asks for it to be supplemented.
3. The Service Provider replies to the complaint within 14 days of the day of receiving it, on paper or on another durable medium, in particular by e-mail. The absence of a reply within that period means that the Consumer's complaint is accepted (Article 7a of the Polish Consumer Rights Act).
4. The Consumer may use out-of-court methods of handling complaints and pursuing claims on the terms set out in the Polish Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes (ustawa o pozasądowym rozwiązywaniu sporów konsumenckich). Participation in such proceedings is voluntary for both parties; the Service Provider does not consent to participating in proceedings for the out-of-court resolution of consumer disputes.
5. The Consumer may obtain free assistance from a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów), a consumer organisation (e.g. Federacja Konsumentów) or a voivodeship inspectorate of the Trade Inspection (Inspekcja Handlowa). The register of entities authorised to conduct the proceedings is kept by the President of the Office of Competition and Consumer Protection (Prezes Urzędu Ochrony Konkurencji i Konsumentów) (https://uokik.gov.pl/rejestr-podmiotow-uprawnionych). A Consumer residing in another Member State of the European Union may obtain assistance from the European Consumer Centre (https://konsument.gov.pl).
6. The provisions of this Chapter do not limit the right to pursue claims before a court.

XII. Provisions concerning Business Customers

1. This Chapter applies solely to Customers who are Business Customers and prevails over the other provisions of the Terms.
2. A Business Customer does not have the right of withdrawal from the Agreement referred to in Chapter VII or the other rights reserved in the Terms for the Consumer.
3. VAT is added or accounted for in accordance with the provisions applicable by reason of the Business Customer's registered office and tax status; the amount of tax is indicated before the payment is made.
4. The statutory warranty (rękojmia) is excluded. The Service Provider's liability under the Agreement, irrespective of its legal basis, is limited to actual loss and to the total amount of the fees paid by the Business Customer in the period of 12 months preceding the event giving rise to the damage. The Service Provider is not liable for lost profits, for indirect damage or for a loss of data which the Business Customer could have prevented by making an export. These limitations do not apply to damage caused intentionally.
5. The Service Provider is not liable towards the Business Customer for the effects of unpublishing a Customer Site or of another action taken in good faith on the basis of a notice or an order referred to in Chapter IX.
6. The Business Customer will release the Service Provider from liability towards third parties and will make good the damage suffered by the Service Provider as a result of third-party claims or proceedings of authorities connected with content published by the Business Customer in breach of the Terms, including by reimbursing the reasonable costs of legal defence.
7. Disputes arising from or connected with the Agreement are resolved by the court having territorial jurisdiction over the Service Provider's registered office.

XIII. Personal data

1. The Service Provider is the controller of the personal data of Customers and of persons acting on their behalf. The rules for processing those data, the rights of data subjects and information on cookies are set out in the Privacy Statement.
2. The controller of the personal data collected through the Customer Site, in particular the data of persons visiting it and data from contact forms, is the Customer. The Service Provider processes those data on behalf of the Customer, as a processor within the meaning of Article 28 of the GDPR.
3. The rules for that processing are set out in the Data Processing Agreement. It is concluded upon acceptance of the Terms, forms part of the Agreement to the extent that the Customer processes the data of persons visiting the Customer Site, and to that extent prevails over the Terms.

XIV. Amendment of the Terms and final provisions

1. The Service Provider may amend the Terms for the following important reasons:
   • a)a change in the law or in its interpretation by the competent authorities or courts, affecting the content of the Terms;
   • b)compliance with an administrative decision or a court ruling;
   • c)reasons of security of the Platform, of Customers or of their data, or the prevention of abuse;
   • d)technical or organisational changes on the part of the providers of infrastructure, payments or artificial intelligence systems, including a change of the payment operator;
   • e)the introduction of new Services, Plans or functions, or the change or withdrawal of existing ones – provided that this does not worsen the terms of Agreements already concluded;
   • f)improving the protection of Customers' privacy.
2. The Service Provider informs Customers holding an Account of an amendment of the Terms by e-mail, making the content of the amended Terms available, no later than 14 days before the day on which the amendment enters into force. An amendment required by law or by a decision of a competent authority may enter into force within the time limit resulting from them.
3. A Customer who does not accept the amendment may, until the day on which it enters into force, terminate the Agreement without observing a notice period. The Service Provider then refunds, without undue delay, the part of the Subscription fee corresponding to the period after the day on which the Agreement is terminated.
4. A change of the contact details and of the website addresses given in the Terms does not constitute an amendment of the Terms.
5. The Agreement is governed by Polish law. The choice of Polish law does not deprive the Consumer of the protection afforded to them by provisions that cannot be derogated from by agreement under the law of the country in which the Consumer has their habitual residence.
6. The Service Provider does not apply any code of good practice referred to in the Polish Act of 23 August 2007 on Counteracting Unfair Market Practices (ustawa o przeciwdziałaniu nieuczciwym praktykom rynkowym).
7. If any of the provisions of the Terms proves to be invalid or ineffective, the remaining provisions remain in force, and the relevant provisions of law apply in place of the invalid or ineffective provision.
8. The Terms enter into force on 1 October 2026.