TERMS FOR THE PROVISION OF ELECTRONIC SERVICES AND USE OF THE PLATFORM
Effective date: 02.04.2026
CHAPTER I. GENERAL PROVISIONS
§ 1. Subject Matter of the Terms
1. These terms and conditions (the "Terms") set out the rules for the provision by CRAFTWORKS spółka z ograniczoną odpowiedzialnością (limited liability company), with its registered office in Kraków, at: ul. Długa 22/6, 31-146 Kraków, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Srodmiescie in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0001162316, holding tax identification number (NIP) 6762689670 and statistical number (REGON) 541196429, with share capital in the amount of PLN 10,000.00 fully paid up, e-mail address: [email protected], (the "Operator"), of Electronic Services via the online platform operating under the domain CraftWorksand associated applications, interfaces, tools, modules, API environments, and digital functionalities made available by the Operator (the "Platform").
2. The Terms specify in particular:
1) the conditions and rules for use of the Platform by Users;
2) the rights and obligations of the Operator and Users;
3) the rules for registration and maintenance of User Accounts;
4) the rules for use of functionalities enabling the uploading, processing, editing, personalizing, generating, publishing, sharing, and use of content, including graphics, photos, designations, designs, and other materials;
5) the general rules for use of functionalities based on automated tools, algorithmic tools, and artificial intelligence solutions;
6) the general rules for use of the Platform in the B2C, B2B, and B2B2C models;
7) the rules of liability related to the use of the Platform;
8) the rules for protection of intellectual property rights, personal rights, and other rights of third parties;
9) the procedures relating to Prohibited Content, unlawful content, or content infringing the rights of third parties;
10) the technical conditions for use of the Platform.
3. The Terms constitute terms and conditions for the provision of Electronic Services within the meaning of generally applicable laws, in particular Polish law, and define the terms and conditions for the conclusion and performance of agreements for the provision of Electronic Services between the Operator and the User.
4. The Operator provides Users with a service consisting in making available and maintaining the Platform as an ICT system enabling the use of its functionalities. The Platform may be used by Users from various countries and jurisdictions. Unless mandatory provisions of the applicable law governing a given User provide otherwise, the rules for use of the Platform are set out in these Terms.
5. The Terms define the basic rules for use of the Platform and the general terms and conditions for the Operator's provision of Electronic Services through it. With respect to specific functionalities of the Platform, categories of Users, jurisdictions, cooperation or settlement models, additional or special services or programs, sales channels, or technological instruments, the Operator may introduce separate rules, terms, or supplementary policies, in particular in the form of:
1) a privacy policy;
2) a cookies policy;
3) rules for the use of AI Tools;
4) intellectual property protection rules and a notice-and-action procedure;
5) terms for Sellers (Brands);
6) terms for Manufacturers (Contractors);
7) payment and settlement rules;
8) complaint and return policies;
9) content publication rules;
10) promotional, subscription, or pricing terms.
6. The documents referred to in section 5 above, if introduced, shall constitute an integral supplement to the Terms to the extent that they relate to specific services or categories of Users.
7. The rules for reporting unlawful content, the procedure for its verification, and the rules for content moderation on the Platform may be set out in a separate document concerning content moderation or the performance of obligations arising from digital services regulations (DSA). This document shall supplement the Terms in matters relating to content published by Users.
§ 2. Nature and Function of the Platform
1. The Platform is an ICT system intended to match, connect, enable communication, and facilitate cooperation between various categories of Users, including in particular:
1) Users seeking Personalized Products or individually designed products;
2) entrepreneurs making available, presenting, or fulfilling products or services connected with the creation, offering, sale, personalization, marking, printing, production, preparation, or distribution of such products;
3) entities carrying out production, manufacturing, logistics, fulfillment, garment finishing, printing, or shipping processes;
4) other Users using the Platform's community, design, commercial, communication, or technological functionalities.
2. The Platform enables, in particular:
1) creation and maintenance of User Accounts;
2) uploading photos, graphics, designations, designs, and other graphic materials;
3) use of tools for editing, modifying, quality enhancement, scaling, cropping, combining, or other processing of materials;
4) use of functionalities employing artificial intelligence models or other systems for automatic generation, transformation, or assisted content creation;
5) publication of product presentations, designs, visualizations, and product materials;
6) concluding transactions or initiating processes leading to the conclusion of transactions concerning Personalized Products;
7) establishing commercial, design, execution, production, distribution, or logistics relationships between Users;
8) making available communication, settlement, administrative, reporting, analytical, or integration tools.
3. Unless expressly indicated otherwise in separate terms, the Operator provides digital and organizational infrastructure for use of the Platform, and not the Personalized Product itself as a seller or manufacturer.
4. In particular, unless expressly indicated otherwise:
1) the Operator is not the manufacturer, producer, importer, or distributor of products offered by Users;
2) the Operator is not a party to a sales agreement, contract for work, supply agreement, contract for specific work, production agreement, license agreement, or any other agreement concluded between Users;
3) the Operator does not assume contractual or tort liability attributable to a seller, manufacturer, contractor, service provider, carrier, or payer, unless mandatory provisions of law provide otherwise or the Operator has expressly assumed such role in relation to a specific service.
5. Use of the Platform does not create between the Operator and the Users any agency, representation, partnership, or other legal relationship of a similar nature. The Operator does not act in the name of or on behalf of Sellers or Manufacturers (Contractors), unless expressly stated otherwise.
6. In particular, the following functionalities may be made available within the Platform:
1) marketplace;
2) hosting of User content;
3) offer catalog;
4) product configurator;
5) design tools;
6) B2B collaboration environments;
7) communication tools;
8) integrations with external payment, logistics, production, analytical, or technological services.
7. The scope of functionalities actually made available may change over time, depending on the stage of development of the Platform, the selected country, business model, type of Account, subscription plan, category of User, partner integrations, or regulatory requirements.
8. The Terms shall be interpreted taking into account: the purpose and function of the Platform; the digital, intermediary, and technological nature of the Operator's services; the role of individual Users; the principles of legal, technical, and operational security of the Platform; and mandatory provisions of law.
9. Editorial headings of the units of the Terms are for organizational purposes only and do not affect the interpretation of its provisions.
10. In the event of any inconsistency between the Terms and separate terms concerning a specific service, functionality, plan, or category of Users, the separate terms shall prevail, but only to the extent that they regulate a given issue in a specific manner.
11. If any provision of the Terms proves to be invalid, ineffective, or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions, unless it follows from the circumstances that without such provision the Terms would not have been adopted.
12. In view of the evolving nature of the Platform, its cross-border business model, and the possibility of implementing new functionalities, the Operator reserves the right to further specify the rules for use of individual services in subsequent parts of the Terms and in supplementary documents. In particular, further provisions of the Terms may separately regulate:
1) registration and maintenance of Accounts;
2) the status and obligations of Sellers (Brands);
3) the status and obligations of Manufacturers (Contractors);
4) the uploading, publication, and licensing of content;
5) the use of AI Tools;
6) the rules for placing Orders;
7) payments and settlements;
8) complaints and liability;
9) rules for content moderation and reporting infringements;
10) rules for suspension and deletion of Accounts;
11) protection of personal data;
12) amendments to the Terms.
§ 3. Personal Scope of the Terms
1. The Terms are binding upon every natural person, legal person, or organizational unit without legal personality who uses the Platform or at least one of the services provided through it (also referred to as the "User").
2. Different categories of Users may exist within the Platform, in particular Consumers, Entrepreneurs, Sellers (Brands), Manufacturers (Contractors), Designers, Content Authors, and professional Users, the meanings of which are defined in Chapter 2 of the Terms.
3. The same User may simultaneously act in more than one role, insofar as the functionalities of the Platform and applicable law permit.
4. Additional terms, policies, verification rules, disclosure obligations, or settlement conditions may apply to specific categories of Users.
5. In the case of professional Users who use the Platform to offer goods, services, or content to other Users, prior verification of identity, entrepreneur status, registration data, settlement data, contact data, licensing authorizations, tax status, or other information required by the Operator or by law may be a condition for the use of relevant functionalities.
6. Use of the Platform is intended exclusively for persons having full legal capacity in accordance with the law applicable to the place of residence or registered office of the User. Persons not having full legal capacity, including minors, are not entitled to create an Account or use Platform functionalities requiring the conclusion of agreements or the making of declarations of intent. By creating an Account or using the Platform, the User represents that they have full legal capacity and are authorized to conclude an agreement for the provision of Electronic Services with the Operator. If the Operator develops reasonable doubts as to whether the User satisfies the requirements set out in this paragraph, the Operator may require confirmation of the User's age or legal capacity, or suspend or limit access to the Account until the matter is clarified.
§ 4. Acceptance of the Terms
1. Use of the Platform is possible only after prior review of the Terms and their acceptance to the extent required for a given functionality.
2. Acceptance of the Terms occurs in particular by:
1) selecting the appropriate checkbox during the registration process;
2) commencing use of a given functionality for which the Terms or separate terms provide that the User shall be bound through implied conduct;
3) concluding a separate agreement with the Operator referring to the Terms;
4) using the Platform after amendments to the Terms enter into force, provided that the User was effectively informed thereof and did not terminate the agreement in accordance with the law.
3. Upon acceptance of the Terms, an agreement for the provision of Electronic Services is concluded between the Operator and the User to the extent corresponding to the functionalities actually made available to that User.
4. The agreement for the provision of Electronic Services is concluded for a fixed term corresponding to the period of use of a given service or for an indefinite term if the nature of the service, in particular maintenance of the User's Account, justifies continuous provision.
5. The User is obliged to comply with the Terms from the moment they commence using the Platform, irrespective of whether such use is paid, free of charge, trial, promotional, or functionally limited.
§ 5. Territorial Availability of the Platform
1. The Platform may be made available to Users from the territory of the Republic of Poland, the Member States of the European Union, the European Economic Area, the United States of America, and other countries, subject to limitations resulting from:
1) the Operator's business decisions;
2) technical limitations;
3) sanctions, embargoes, export restrictions, or trade restrictions;
4) licensing requirements;
5) applicable laws;
6) requirements of payment, logistics, hosting, insurance, technology, or regulatory partners.
2. The Operator may differentiate the scope of Platform functionalities, access conditions, settlement model, rules for publication of product presentations, availability of payment methods, order fulfillment methods, verification systems, and scope of support depending on jurisdiction, type of User, location, language, currency, type of product, or type of legal risk.
3. The User is responsible for ensuring that their use of the Platform, including the publication of content, offering of products, conclusion of transactions, and transmission of materials, complies with the law applicable to the place of their registered office, place of business, place of residence, place to which the offer is directed, place of production, place of shipment, and place of delivery.
4. The Operator does not guarantee that every functionality of the Platform will be available in all countries, languages, and business models.
§ 6. Language of the Terms and Language Versions
1. The Terms may be made available in different language versions.
2. The language versions of the Terms are intended to ensure the accessibility and comprehensibility of the conditions for use of the Platform for Users from different jurisdictions.
3. Unless the Operator expressly indicates otherwise, the Polish version shall remain the reference version decisive for interpretative purposes.
4. In the event of discrepancies between different language versions of the Terms, the version indicated by the Operator as the reference version for the relevant legal relationship shall remain binding, subject to mandatory provisions of law protecting the User, in particular the Consumer.
5. Any messages, notifications, forms, supplementary policies, instructions, warnings, consents, transaction summaries, and information provided to the User in the course of using the Platform may be presented in one or more languages, depending on the Account settings, the User's country, the service version, or legal requirements.
§ 7. Basic Rules for Use of the Platform
1. The User is obliged to use the Platform in a manner consistent with:
1) the intended purpose of the Platform;
2) applicable laws;
3) the provisions of the Terms and other rules applicable on the Platform;
4) the rights and legitimate interests of the Operator, other Users, and third parties;
5) due regard for principles of fair commercial dealing, good practices, and reliable commercial communication.
2. The User may use the Platform and its functionalities solely in a lawful, fair, and non-misleading manner, with due regard for the rights of third parties and the principles of safe use of services provided electronically.
3. The User shall be responsible for the manner in which they use the Platform, including for any and all content, materials, data, information, designations, designs, graphics, photos, statements, or other elements entered, published, transmitted, stored, shared, or disseminated by them or through their Account.
4. The User may introduce to the Platform only such content, materials, designs, graphics, photos, designations, or other elements in respect of which they hold the appropriate rights, consents, licenses, or other authorizations enabling their use in the manner contemplated by the functionalities of the Platform, the Terms, and the purpose of use of the Platform.
5. The User is obliged to use the Platform in a manner that does not infringe the intellectual property rights of the Operator, other Users, or third parties, in particular copyright, related rights, database rights, trademark protection rights, rights in business designations, trade secrets, and image rights.
6. In particular, the following are prohibited:
1) uploading, publishing, transmitting, storing, disseminating, or using materials infringing copyrights, related rights, or other intellectual property rights of third parties;
2) using trademarks, business designations, trade names, domains, logos, or other designations identifying business entities without the appropriate authorization;
3) using the image, data, or other identifying elements of third parties without the required legal basis, including without the required consent;
4) offering, designing, producing, promoting, or distributing products, materials, or content infringing the intellectual property rights of third parties;
5) publishing or using content, materials, or designations in respect of which the User does not hold the relevant rights or authorizations.
7. It is prohibited to use the Platform in a manner leading to the publication, transmission, storage, dissemination, or sharing of content, materials, or information which:
1) are contrary to applicable laws;
2) infringe the rights, freedoms, personal rights, or legitimate interests of third parties;
3) are fraudulent, deceptive, manipulative, misleading, or constitute an element of an unfair market practice;
4) contain content inciting violence, hatred, discrimination, or other forms of hostility toward persons or social groups;
5) violate human dignity;
6) promote, enable, or facilitate a breach of law;
7) promote terrorism, sexual exploitation, self-harm, fraud, counterfeiting, or other activities prohibited by law;
8) contain pornographic materials or other content of a sexual nature.
8. It is prohibited to use the Platform to create, publish, disseminate, or use content that is misleading as to its origin, authenticity, authorship, identity of a natural person, or the nature of a statement, in particular through:
1) impersonating other persons or entities;
2) falsely labeling the authorship, source, or nature of content;
3) creating, publishing, or disseminating deepfake materials or other forms of manipulation of image, voice, or statement;
4) using false, misleading, or another person's identifying data.
9. It is prohibited to use the Platform in a manner contrary to its intended purpose, the principles of fair competition, or the economic purpose of its operation, in particular by:
1) copying or using offers, Product descriptions, designs, or other materials available on the Platform for the purpose of using them in competing services;
2) acquiring User data for the purpose of carrying out marketing, commercial, or sales activities outside the Platform without an appropriate legal basis;
3) using the Platform to create, develop, train, validate, test, or support services, systems, or products competing with the Platform without the Operator's prior express consent;
4) using the Platform to circumvent cooperation rules, settlement rules, functional restrictions, or other organizational mechanisms introduced by the Operator.
10. The User is obliged to refrain from taking actions that could disrupt the proper functioning of the Platform, compromise the security of its technical infrastructure, or lead to unauthorized interference with its operation.
11. In particular, the following are prohibited:
1) attempting to gain unauthorized access to IT systems, Accounts, data, resources, or infrastructure of the Platform;
2) circumventing or attempting to circumvent the technical, organizational, or functional security measures of the Platform;
3) interfering with the source code of the Platform, its software, configuration, security mechanisms, or other technical elements;
4) taking actions aimed at overloading the Platform's infrastructure, disrupting its operation, or reducing the quality of the services provided;
5) analyzing, testing, scanning, or probing the Platform's security systems without the Operator's prior consent;
6) using malware, scripts, exploits, or other tools that may disrupt the operation of the Platform or compromise the security of its users;
7) reverse engineering, decompilation, disassembly, or other actions aimed at learning the internal structure, method of operation, or security measures used by the Platform, unless mandatory provisions of law provide otherwise.
12. Without the Operator's prior consent, the automatic downloading, collecting, copying, indexing, monitoring, or processing of data available on the Platform is prohibited, in particular through the use of scraping, crawling, spidering, data mining, bots, or other automatic or semi-automatic tools. This prohibition covers in particular actions aimed at copying content, offers, User data, or other information collected on the Platform.
13. It is prohibited to use the Platform in a manner that infringes applicable export, sanctions, trade, or other public-law restrictions, insofar as they apply to the relevant User, transaction, Product, service, or manner of use of the Platform.
14. The User is obliged to immediately cease using the Platform's functionality if, in light of the applicable law, a decision of an authority, a warning from the Operator, or reasonable circumstances, further use of a given functionality could lead to a violation of the law, the Terms, or the rights of third parties.
15. In the event of a breach of the rules set out in this section, the Operator may take measures provided for in the Terms or by law, in particular:
1) remove, block, or restrict access to content infringing the Terms or the law;
2) restrict access to specified functionalities of the Platform;
3) suspend or delete the User's Account;
4) withhold publication, visibility, or handling of specified materials, offers, designs, or other content;
5) take other actions necessary to ensure the security of the Platform or protect the rights of the Operator, other Users, or third parties.
§ 8. IP of the Platform
1. The Platform, including in particular its software, system architecture, user interface, graphics, visual elements, designations, trade names, databases, technological solutions, algorithms, artificial intelligence models, content layout, and other elements forming part of the Platform, is protected by law, in particular under laws concerning copyright, industrial property rights, and database protection.
2. All rights to the Platform and its elements are vested in the Operator or entities cooperating with the Operator.
3. Use of the Platform does not mean that any intellectual property rights to the Platform or its elements are transferred to the User.
4. The User is authorized to use the Platform only to the extent necessary to use its functionalities in accordance with the Terms.
5. In particular, the following are prohibited:
1) copying the Platform software;
2) decompilation or reverse engineering;
3) copying the user interface;
4) copying or using the Platform databases;
5) using the technological solutions of the Platform to create competing services.
6. Databases made available within the Platform may constitute databases protected by law. It is prohibited to download, use, or re-use all or a substantial part of the data collected within the Platform without the Operator's prior consent.
7. The User is obliged to use the Platform solely in a manner consistent with its intended purpose and only to the extent necessary to use the functionalities offered. It is prohibited to use the Platform in an excessive, automated, or purpose-inconsistent manner, in particular for the purpose of mass downloading of data, data analysis, or creation of competing services.
§ 9. Nature of the Operator's Services
1. The services provided by the Operator are digital, organizational, intermediary, technical, hosting, communication, integration, or supportive in nature in relation to design, sales, production, or logistics processes.
2. The Operator provides services consisting in storing information transmitted by Users within the Platform in the capacity of a hosting service provider within the meaning of European Union law concerning digital services, in particular Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).
3. Content published, transmitted, stored, or made available via the Platform originates from Users. The Operator does not initiate the transmission of such content, does not select its recipient, and does not interfere with its content beyond technical, automatic, or organizational actions necessary for the functioning of the Platform. The Operator shall not be liable for content stored at the request of Users, in particular for User Content, product presentations of Sellers or Manufacturers, designs, graphic materials, or other information published on the Platform, provided that it does not have actual knowledge of their unlawful nature or, upon obtaining such knowledge, promptly takes appropriate action to disable access to such content.
4. The Operator may use subcontractors, cloud service providers, payment partners, analytical tools, communication tools, hosting services, AI services, verification services, logistics services, and other external solutions necessary for the provision of services via the Platform.
5. The Platform may contain automated, recommendation, classification, ranking, matching, generative, filtering, anti-fraud, security, or moderation elements based on programming rules, statistical models, machine learning tools, artificial intelligence models, or other technological solutions.
6. The Operator does not guarantee that the results of automated tools or AI will be:
1) accurate;
2) complete;
3) consistent with the User's expectations;
4) error-free;
5) suitable for a specific commercial, design, artistic, legal, or technical purpose.
7. Use of functionalities supporting the creation, editing, or generation of content does not release the User from the obligation independently to verify the legality, quality, correctness, commercial utility, technical utility, and production suitability of the results obtained.
§ 10. Operator Warranties
1. The Operator does not guarantee to the User:
1) achieving a specified level of sales;
2) obtaining a specified number of customers, orders, inquiries, leads, views, or conversions;
3) finding a manufacturer, contractor, supplier, or counterparty;
4) conclusion of an agreement by other Users;
5) the technical feasibility of every Design;
6) print quality, print durability, color reproduction, material quality, photo quality, file quality, scale consistency, proportions, resolution, sharpness, legibility, or the suitability of the Design for production;
7) conformity of the final result with the on-screen visualization, mockup, digital preview, generated graphic, or draft version.
2. The User acknowledges that the final result of a Personalized Product may depend in particular on:
1) the quality of source materials;
2) the resolution, proportions, and technical parameters of the file;
3) the method of preparing the Design;
4) the type of substrate and printing technology;
5) display settings and the manner in which the visualization is presented;
6) production tolerances;
7) technological processes on the part of the manufacturer or contractor;
8) machine, material, and logistics limitations.
3. The Operator shall not be liable for the safety, quality, or legal compliance of Products manufactured or offered by Users.
4. The Operator may publish technical guidelines, recommendations, quality standards, checklists, warning notices, or minimum requirements for files and designs; however, these are of an auxiliary nature and do not constitute an assumption of responsibility for the final result.
5. The Operator does not guarantee that Users will achieve any economic or business results in connection with use of the Platform.
§ 11. Identification Data and Contact with the Operator
1. The Operator of the Platform is CRAFTWORKS spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Kraków, at: ul. Długa 22/6, 31-146 Kraków, Poland, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Srodmiescie in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0001162316, holding tax identification number (NIP): 6762689670 and statistical number (REGON): 541196429, with share capital in the amount of PLN 10,000.00.
2. Contact with the Operator is possible in particular via:
1) e-mail: [email protected]
2) the contact form available on the Platform, if made available;
3) written correspondence addressed to the Operator's registered office address;
4) other communication channels indicated on the Platform.
3. The Operator may designate separate contact channels for:
1) reports concerning legal violations;
2) reports concerning infringements of intellectual property rights;
3) complaints;
4) matters concerning personal data;
5) technical matters;
6) matters concerning sellers, manufacturers, and business partners.
4. If the law requires designation of a contact point for authorities, Users, whistleblowers, DSA reports, reports concerning unlawful content, or other special categories of matters, information in this regard may be published on the Platform or in a separate policy or notice.
CHAPTER 2. DEFINITIONS
§ 12. Meaning of Definitions
1. Terms used in the Terms and capitalized shall have the meaning specified in this Chapter, unless a different meaning clearly follows from the context of a given provision.
2. Definitions introduced in this Chapter apply throughout the Terms and in other documents governing use of the Platform, unless those documents provide otherwise.
3. The introduction of definitions is intended to ensure uniform interpretation of the provisions of the Terms and facilitate their application, in particular in the case of use of the Platform by Users from different countries and in the case of preparing language versions of the Terms.
4. If a given term has been defined in the Terms, it shall be interpreted in accordance with the definition contained in this Chapter, regardless of its ordinary meaning.
5. Use of the singular in the Terms also includes the plural, and use of the plural also includes the singular, unless the context indicates otherwise.
6. The following meanings are assigned to the terms used in the Terms:
1) Consumer – a User who is a natural person performing a legal act not directly related to their business or professional activity;
2) Account – an individual User profile created within the Platform as a result of registration, enabling the use of specified functionalities of the Platform;
3) AI Tools – functionalities of the Platform using artificial intelligence or machine learning solutions, enabling the generation, modification, or processing of content or Designs;
4) Operator – CRAFTWORKS spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Kraków, at: ul. Długa 22/6, 31-146 Kraków, Poland, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Srodmiescie in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0001162316, holding tax identification number (NIP): 6762689670 and statistical number (REGON): 541196429, with share capital in the amount of PLN 10,000.00, being the entity operating the Platform and providing Electronic Services through it;
5) Platform – the ICT system operated by the Operator, available in particular via the website at CraftWorks or associated applications, enabling use of the functionalities specified in the Terms, including in particular creation of product designs, publication of product presentations, conclusion of transactions, and cooperation between Users;
6) Seller's Product Presentation – a presentation of a Product, service, or Design published by the Seller on the Platform, containing in particular a description, parameters, visualization, price, or the method of price calculation, constituting as a rule an Invitation to Enter into an Agreement for Users to place Orders, and not an offer within the meaning of civil law provisions, unless expressly indicated otherwise;
7) Manufacturer (or alternatively: Contractor) – a User who is an Entrepreneur and carries out the production, execution, printing, personalization, or preparation of products made available via the Platform;
8) Product – an item or service made available by the Seller via the Platform;
9) Personalized Product – a Product made to the User's individual order, in particular on the basis of a Design, graphic, photo, or other material entered by the User or generated using the Platform's functionalities;
10) Design – a digital visualization or design of a Product created using tools available on the Platform, in particular on the basis of User Content;
11) Entrepreneur – a User using the Platform in connection with their business, professional, commercial, or craft activity, in particular for the purpose of making products or services available, fulfilling Orders, conducting commercial activity, or cooperating with other Users of the Platform;
12) Order Acceptance – the Seller's declaration of acceptance of the offer to conclude a Sales Agreement submitted by the User through an Order, resulting in the conclusion of a Sales Agreement between the Seller and the User;
13) Terms – these terms and conditions specifying the rules for use of the Platform and the rules for the Operator's provision of Electronic Services;
14) Seller (or alternatively: Brand) – a User who is an Entrepreneur and makes products or services available to other Users via the Platform, in particular Consumers;
15) Prohibited Content – content, materials, or information the publication, dissemination, or use of which via the Platform is prohibited under the Terms or the law;
16) User Content – any and all data, materials, information, or elements entered on the Platform by the User, in particular graphics, photos, Designs, designations, texts, graphic files, or other materials;
17) AI-Generated Content – content, graphics, Designs, visualizations, or other materials generated in whole or in part using the AI Tools available on the Platform;
18) Sales Agreement – an agreement concluded between the Seller and the User as a result of the Seller's acceptance of the Order submitted by the User via the Platform;
19) Electronic Services – services provided by the Operator electronically via the Platform;
20) User – a natural person, legal person, or organizational unit without legal personality using the Platform in any manner whatsoever;
21) Order – the User's declaration of intent submitted via the Platform, constituting an offer to conclude a Sales Agreement for a Product with the Seller on the terms specified in the content of the Order;
22) Invitation to Enter into an Agreement – publication by the Seller of a product, service, Design, visualization, or other commercial information on the Platform, constituting an invitation for Users to submit offers within the meaning of civil law provisions;
23) Request for Quotation – an inquiry submitted via the Platform concerning the possibility of performing a Product or service, their parameters, performance conditions, or an indicative price, which does not constitute an Order unless the content of a given Platform functionality clearly provides otherwise.
CHAPTER 3. ACCOUNT AND REGISTRATION
§ 13.Account Creation
1. The use of certain functionalities of the Platform, in particular those related to publishing Seller's Product Presentations, placing Orders, publishing User Content, using AI Tools, communication between Users, and using functionalities leading to the conclusion of Sales Agreements, may require the prior creation of an Account.
2. An Account may be created by the User by registering through the registration form made available on the Platform.
3. In order to create an Account, the User is required to provide the required identification and contact data, as well as to establish authentication credentials enabling access to the Account.
4. The scope of data required to create an Account may vary depending on:
1) the type of Account;
2) the category of User;
3) the functionalities of the Platform that the User intends to use;
4) requirements arising from legal provisions or the Platform's security rules.
5. The User is required to provide data consistent with the actual state of affairs and to update such data in accordance with § 14 of the Terms.
6. Creating an Account requires:
1) familiarizing oneself with the Terms;
2) acceptance of the Terms;
3) confirmation of the creation of the Account in the manner provided for by the Platform, in particular by activating the Account using an electronic message or another verification mechanism.
7. Upon the effective creation of the Account, an agreement for the provision of Electronic Services consisting in maintaining the Account and enabling the use of the Platform's functionalities is concluded between the Operator and the User.
8. Use of the Account and the Platform's functionalities requires meeting the minimum technical requirements, in particular:
1) access to a device enabling use of the Internet;
2) access to a current web browser supporting the standards used within the Platform;
3) an active e-mail account enabling receipt of communications related to use of the Platform;
4) enabling cookies or other technologies necessary for the proper operation of the Platform.
The Operator may publish additional technical requirements within the Platform.
9. As a rule, one User may have one Account on the Platform, unless the Terms, the Platform's functionalities, or the Operator's consent provide otherwise. Within one Account, the User may use various functionalities of the Platform and act in various roles, in particular as a Consumer, Seller (Brand), Manufacturer (Contractor), or Designer/Content Author, unless the Terms or separate conditions provide otherwise. In the case of a User who is an Entrepreneur, access to the Account may be granted to multiple authorized persons on the terms set out in § 16 of the Terms.
10. The Operator may make the creation of an Account or access to certain functionalities of the Platform conditional upon carrying out additional verification of the User, in particular in the case of professional Users.
11. The Operator may refuse to create an Account or limit the possibility of its creation in the event of:
1) a breach of the Terms;
2) an attempt to circumvent the Platform's technical restrictions;
3) provision of false or misleading data;
4) the occurrence of justified circumstances indicating a risk of violation of law, the Platform's security, or the rights of other Users.
12. It is prohibited to undertake actions intended to circumvent the suspension of an Account or restrictions imposed by the Operator, in particular by creating new Accounts.
13. The use of certain functionalities of the Platform, in particular those intended for professional Users, may be subject to payment in accordance with the rules set out in the further provisions of the Terms or in separate conditions.
§ 14. Registration Data and User Obligations
1. The User is required to provide true, current, and complete data when registering an Account.
2. The User is required to promptly update the data provided within the Account in the event of any change thereto.
3. The User is responsible for the truthfulness and completeness of the data provided to the Operator in connection with the creation or maintenance of the Account.
4. In the case of Users who are Entrepreneurs, in particular Sellers or Manufacturers (Contractors), the Operator may require the provision of additional identification and billing data, in particular:
1) the business name or name of the entrepreneur;
2) the registered office address or the place of conducting business activity;
3) identification numbers relevant to business activity, including the tax identification number, VAT number, or another tax identifier;
4) contact details intended for communication with other Users;
5) other data required by law or necessary for the use of specific functionalities of the Platform.
5. Access to certain functionalities of the Platform may be conditional upon verification of the User's data on the terms set out in § 15 of the Terms.
6. The User is required to maintain the confidentiality of the data enabling access to the Account, in particular the password or other authentication data.
7. The User is responsible for actions undertaken using the User's Account, unless the User demonstrates that access to the Account occurred without the User's knowledge and despite the exercise of due diligence.
8. The following are prohibited:
1) making the Account available to third parties in a manner inconsistent with the Terms;
2) using the Accounts of other Users;
3) using the Account in a manner contrary to the purpose of the Platform or to legal provisions.
§ 15. Verification of Professional Users
1. The use of certain functionalities of the Platform intended for professional Users, in particular publishing Seller's Product Presentations, making Products available, or fulfilling orders as a Manufacturer (Contractor), may require prior verification of the User by the Operator.
2. Verification may include, in particular, checking the User's identification, registration, contact, or billing data, as well as the submission of documents confirming the conduct of business activity or authorization to act on behalf of a given entity.
3. The Operator may make access to certain functionalities of the Platform conditional upon the successful completion of the verification process.
4. As part of verification, the Operator may in particular:
1) request the submission of documents confirming the User's data;
2) verify data in public registers of entrepreneurs;
3) use the services of third parties providing verification or identification services.
5. In the event of a refusal to provide data or documents required in the verification process, the Operator may refuse to grant access to certain functionalities of the Platform or limit the possibility of using them.
6. Verification carried out by the Operator is of a technical or organizational nature and does not constitute confirmation of the credibility, reliability, solvency, or compliance of the User's activity with legal provisions.
7. The Operator shall not be liable for the actions of professional Users, in particular Sellers or Manufacturers (Contractors), or for the content of the Seller's Product Presentations published by them, the quality of the Products, or the proper performance of Orders.
8. A professional User is required to provide the information required by legal provisions in connection with the presentation, making available, or performance of Products or services for other Users, in particular Consumers.
9. The Operator may periodically repeat the verification of a professional User's data if this is necessary to ensure the security of the Platform, the performance of legal obligations, or the proper functioning of the Platform.
§ 16. Account Security
1. The Operator applies technical and organizational measures intended to ensure the security of Users' Accounts and protection against unauthorized access.
2. The User is required to use the Account in a manner ensuring the security of authentication data and consistent with the security rules set out in the Terms.
3. The User is required to apply basic security measures when using the Platform, in particular:
1) not sharing login data with unauthorized persons;
2) using appropriately secured devices and ICT networks;
3) promptly changing the password in the event of suspected disclosure thereof;
4) using current security software.
4. The User is required to promptly inform the Operator of each case of:
1) suspected unauthorized access to the Account;
2) loss of control over the Account;
3) a breach of the security of data related to the Account.
5. In the case of Users who are Entrepreneurs, the Account may have multiple authorized internal users, in particular employees, associates, or other persons acting in the name of or for the benefit of a given User, to whom the User has granted access to the Account. A User who is an Entrepreneur is responsible for the acts and omissions of such persons as for the User's own acts and omissions and is required to ensure that such persons have been informed of the rules for using the Platform arising from the Terms and comply with them to the extent corresponding to the granted authorizations.
6. The Operator may introduce additional security measures related to access to the Account, in particular:
1) additional identity verification mechanisms;
2) multi-factor authentication;
3) restrictions concerning login from specific locations or devices;
4) temporary access blocks in the event unusual activity is detected.
7. In the event of a justified suspicion of a breach of Account security, the Operator may temporarily restrict access to the Account until the matter is clarified.
8. The Operator shall not be liable for the consequences of granting access to the Account to persons authorized by the User or for the consequences of making access data available to unauthorized persons.
§ 17. Suspension or Restriction of an Account
1. The Operator may temporarily suspend a User's Account or restrict access to certain functionalities of the Platform if this is necessary to ensure the security of the Platform, the protection of the Operator's rights, other Users, or third parties.
2. Suspension of an Account or restriction of its functionalities may occur in particular in the event of:
1) a breach of the provisions of the Terms;
2) publishing or disseminating Prohibited Content;
3) infringement of the intellectual property rights of the Operator, other Users, or third parties;
4) providing false, outdated, or misleading data;
5) suspected unauthorized access to the Account;
6) suspected actions contrary to legal provisions, in particular those that may constitute fraud or other abuse;
7) undertaking actions that may disrupt the functioning of the Platform or infringe the security of its technical infrastructure;
8) using the Platform contrary to its intended purpose or in a manner that may infringe the security, stability, or integrity of the Platform.
3. In the case of professional Users, suspension of an Account may also occur in particular in the event of:
1) repeated complaints concerning the Products made available or the manner of performance of Orders;
2) suspected violation of consumer protection provisions;
3) suspected presentation, making available, or fulfillment of products infringing intellectual property rights;
4) refusal to cooperate in the process of verification of the User's data.
4. During the period of Account suspension, the Operator may in particular:
1) prevent the publication of new Seller's Product Presentations;
2) prevent the placing or acceptance of Orders;
3) restrict access to User Content or other functionalities of the Platform;
4) block the possibility of using AI Tools or other services available on the Platform.
5. The Operator may suspend a User's Account without prior notice if this is necessary to ensure the security of the Platform or in the event of a justified suspicion of a violation of law.
6. If possible and justified by the nature of the matter, the Operator may inform the User of the reasons for suspension of the Account and allow the User to present explanations.
7. Suspension of an Account is temporary in nature and lasts until the circumstances constituting the basis for its application are clarified or the causes of suspension are removed.
8. If a serious breach of the Terms or legal provisions is determined, the Operator may decide to permanently delete the Account in accordance with the provisions of § 18.
§ 18. Deletion of an Account
1. The User may at any time resign from using the Platform and request deletion of the User's Account.
2. Deletion of an Account may occur in particular by using the relevant functionality available on the Platform or by submitting a request to the Operator.
3. The Operator may delete a User's Account in the event of:
1) a serious breach of the provisions of the Terms;
2) repeated breaches of the Terms despite prior suspension of the Account;
3) using the Platform in a manner contrary to legal provisions;
4) providing false or misleading data;
5) using the Platform in a manner that may infringe the security or integrity of the Platform;
6) discontinuation of business activity by a professional User, if this is relevant for the use of the Platform's functionalities.
4. The Operator may also delete an Account in the event of prolonged inactivity of the User, after prior notice to the User of the intention to delete the Account.
5. Deletion of an Account does not affect the validity or performance of Sales Agreements concluded through the Platform before deletion of the Account.
6. In the event of deletion of a professional User's Account, the Operator may retain data concerning the User's transactions or activity to the extent required by law or necessary to protect the rights of the Operator, other Users, or third parties.
7. The Operator may prevent re-registration of a User whose Account has been deleted due to a serious breach of the Terms or legal provisions.
8. Deletion of an Account does not exclude the User's liability for actions taken before deletion of the Account.
CHAPTER IV. RULES FOR USING THE PLATFORM
§ 19. Platform Functionalities
1. The Platform enables Users to use digital functionalities intended in particular for designing, making available, ordering, organizing the production, and performing Products, including in particular Personalized Products.
2. Within the Platform, Users may in particular:
1) create and maintain an Account and manage Account settings;
2) input User Content, in particular graphics, photographs, Designs, or other materials used in the process of creating Products;
3) use tools enabling the editing, processing, or preparation of Product designs;
4) use AI Tools enabling the generation or modification of Designs or other User Content;
5) create Designs and Product visualizations;
6) publish Seller's Product Presentations concerning Products;
7) place Orders for Products made available by Sellers;
8) establish cooperation between Sellers (Brands) and Manufacturers (Contractors) for the purpose of carrying out the production or manufacture of Products;
9) use communication tools between Users, in particular between Sellers (Brands), Manufacturers (Contractors), and Consumers.
3. Sellers may, through the Platform, publish Seller's Product Presentations, specify Product parameters, their price, description, conditions for performance of Orders, and other information related to the presentation and making available of Products.
4. Sellers may use the Platform to establish cooperation with Manufacturers (Contractors), in particular with respect to carrying out production, printing, personalization, packaging, or shipping of Products.
5. A Manufacturer (Contractor) may present on the Platform information concerning its business activity, in particular the scope of manufacturing services, production technologies, production capacity, conditions of cooperation, or other information enabling Sellers to choose a Manufacturer (Contractor) to carry out production.
6. The Platform may make available tools enabling quotation, presentation of visualizations, or digital previews of Products, in particular based on User Content or Designs created using the Platform's functionalities.
7. The Platform may integrate functionalities or services provided by third parties, in particular payment, logistics, communication, analytics, or technology services, to the extent necessary for using the Platform.
8. The scope of the Platform's functionalities may change, in particular in connection with the development of technology, the introduction of new services, changes to the Platform's business model, or requirements arising from legal provisions.
§ 20. Use of the Platform's Functionalities
1. Users may use the Platform's functionalities solely within the scope provided by the Terms and in accordance with the purpose of the Platform.
2. Use of the Platform's functionalities may require the User to input certain data, information, or User Content necessary for the proper operation of a given functionality.
3. The User is responsible for the accuracy, completeness, and compliance with legal provisions of the data, information, and User Content entered on the Platform.
4. A User using tools enabling the creation of Designs, Product visualizations, or other materials is required to verify the correctness of the prepared materials before using them in a Seller's Product Presentation or in the process of performing an Order.
5. The use of communication tools made available on the Platform is subject to the rules set out in § 22 of the Terms.
6. The Platform may make available tools enabling the processing of User Content, in particular for the purpose of preparing Designs or Product visualizations.
7. The User is required to independently assess the usefulness and correctness of the results obtained using the Platform's functionalities, in particular in the case of using AI Tools.
8. The Operator shall not be liable for the results obtained by Users using the Platform's functionalities, in particular with regard to the preparation of Designs, Product visualizations, or User Content.
9. Use of certain functionalities of the Platform may be dependent on the type of Account, the User's status, the subscription plan, or other conditions specified by the Operator.
§ 21. Relations Between Users
1. The Platform constitutes a service provided by electronic means enabling Users to establish commercial, design, or manufacturing relationships, in particular between Consumers, Sellers (Brands), and Manufacturers (Contractors).
2. Sellers may make Products available through the Platform by publishing Seller's Product Presentations directed to other Users, in particular Consumers.
3. A Sales Agreement for a Product is concluded between the Seller and the User placing the Order as a result of Order Acceptance by the Seller.
4. A Manufacturer (Contractor) may cooperate with a Seller (Brand) with respect to manufacture, production, printing, personalization, packaging, or shipping of Products, using the Platform's functionalities.
5. Relations concerning the manufacture or production of Products between a Seller (Brand) and a Manufacturer (Contractor) are determined directly between those Users.
6. The Operator is not a party to Sales Agreements concluded between Users or to agreements concerning the production or fulfillment of Products between Sellers (Brands) and Manufacturers (Contractors), unless expressly indicated otherwise with respect to a specific service.
7. The Operator shall not be liable for the manufacture, quality, conformity with description, or legality of Products presented and made available by Sellers, or for the performance of services provided by Manufacturers (Contractors).
8. The Operator shall not be liable for the acts or omissions of Users within the framework of commercial, design, or manufacturing relationships established through the Platform.
9. Users are required to independently determine the conditions of cooperation, in particular with respect to production, performance of Orders, completion deadlines, or other commercial conditions.
10. The Operator is not a party to settlements between Users related to the conclusion of Sales Agreements, unless separate conditions concerning payment services provide otherwise.
§ 22. User Communication
1. The Platform may make available tools enabling communication between Users, in particular between Sellers (Brands), Consumers, and Manufacturers (Contractors).
2. Communication tools made available on the Platform may serve in particular to:
1) convey information concerning Products;
2) agree details concerning Designs or Orders;
3) determine the conditions of cooperation between a Seller (Brand) and a Manufacturer (Contractor);
4) convey information concerning the performance of Orders.
3. Users are required to use communication tools in a manner consistent with the Terms, legal provisions, and fair dealing principles.
4. It is prohibited to use the Platform's communication tools in particular for:
1) transmitting Prohibited Content;
2) sending information of a spam nature;
3) conducting activities misleading other Users;
4) infringing the rights of third parties.
5. Users are responsible for the content of communications conducted through the Platform.
6. The Operator is not a party to communications conducted between Users and shall not be liable for the content of transmitted information.
7. The Operator may restrict access to communication tools or take other measures in the event a breach of the Terms or legal provisions is identified.
8. The Operator may monitor or analyze the use of communication tools and data related to communication to the extent necessary to ensure the security of the Platform, detect abuse, enforce the Terms, or perform legal obligations.
§ 23. Third-Party Services
1. The Platform may integrate or enable the use of services provided by third parties, in particular in the field of payment, logistics, communication, technology, or analytics services.
2. Third-party services may include in particular:
1) payment services enabling payments between Users;
2) logistics or courier services related to the delivery of Products;
3) technological tools used for the operation of the Platform, including tools for data processing, communication, or analysis;
4) technological solutions used within AI Tools, including solutions provided by third parties.
3. The Operator is not the provider of services rendered by third parties and shall not be liable for the manner of their operation, availability, security, suitability for the intended purpose, or conformity with the User's expectations.
4. The use of third-party services may be subject to separate terms or conditions for the provision of services specified by those entities.
5. Where the User uses third-party services, the legal relationship with respect to those services arises directly between the User and the relevant third party.
6. The Operator may change the scope of third-party services integrated with the Platform, in particular in connection with the development of the Platform or technological or organizational changes.
CHAPTER V. USER CONTENT
§ 24.Input of User Content
1. The Platform enables Users to input User Content for the purpose of using the Platform's functionalities, in particular for creating Designs, preparing Product visualizations, or performing Orders.
2. User Content may include in particular:
1) graphics, illustrations, or graphic designs;
2) photographs or images;
3) graphic designations, symbols, or other visual elements;
4) texts or other materials used in the process of creating Designs or Products.
3. User Content may be input by the User in particular by:
1) uploading files to the Platform;
2) creating or editing materials using the tools made available by the Platform;
3) generating content using AI Tools available on the Platform.
4. User Content input on the Platform is, as a rule, private in nature and is used exclusively within the Platform's functionalities, in particular for preparing Designs, Product visualizations, or performing Orders, unless the User uses it within a Seller's Product Presentation published by the User.
5. User Content input on the Platform may be processed by the Platform's IT systems to the extent necessary for the proper functioning of the Platform, in particular for the purpose of:
1) preparing Product Designs;
2) storing materials;
3) publishing Seller's Product Presentations;
4) generating Product visualizations or previews;
5) preparing production files;
6) enabling cooperation between Users;
7) performing Orders;
8) transferring materials necessary for the manufacture of Products by Manufacturers (Contractors).
6. The Platform may record technical information concerning User Content, in particular the date the content was entered, the User's Account identifier, the Design's change history, or other technical data necessary to ensure the security of the Platform, resolve disputes, or perform legal obligations.
7. The Operator may process User Content to the extent necessary to handle notifications concerning violations of law or third-party rights.
8. User Content input on the Platform may be made available to other Users solely to the extent necessary to implement the Platform's functionalities, in particular for the performance of Orders or cooperation between a Seller (Brand) and a Manufacturer (Contractor), to the extent necessary to manufacture the Product.
§ 25. Liability for User Content
1. The User bears full responsibility for User Content input on the Platform, in particular for its compliance with legal provisions and the absence of infringement of third-party rights.
2. By inputting User Content on the Platform, the User represents that the User possesses all rights, consents, or authorizations necessary to use such content to the extent enabling its use within the Platform's functionalities, in particular for the purpose of creating Designs, Seller's Product Presentations, and performing Orders.
3. The User represents in particular that the input and use of User Content on the Platform does not infringe:
1) economic copyrights or moral rights;
2) industrial property rights, including rights to trademarks;
3) image rights;
4) personal rights of third parties;
5) other rights of third parties.
4. If User Content contains the image of a natural person or other elements requiring the consent of a third party, the User represents that the User possesses the relevant consents or authorizations enabling their use within the Platform's functionalities.
5. It is prohibited to use the Platform for the purpose of creating, presenting, making available, producing, or distributing Products infringing the intellectual property rights of third parties. In particular, the following is prohibited:
1) using trademarks, business identifiers, logos, or other signs identifying business entities without appropriate authorization;
2) using graphics, illustrations, photographs, or other works protected by copyright without the consent of the rights holder;
3) creating Products constituting counterfeits or imitations of products protected by industrial property law;
4) using User Content in a manner that may mislead as to the origin of the Product or its connection with a specific entity.
6. The User's liability also covers User Content:
1) generated using AI Tools;
2) modified using tools available on the Platform;
3) transferred to other Users in connection with the performance of an Order or cooperation between a Seller and a Manufacturer (Contractor).
7. The Operator does not carry out prior verification of User Content for infringement of the rights of third parties or compliance of such content with legal provisions.
8. In the event of receiving a notification concerning a violation of law or third-party rights in connection with User Content, the Operator may take measures provided for in the Terms or by legal provisions, in particular on the terms set out in § 29 and § 30 of the Terms.
9. In the event claims are asserted against the Operator by third parties in connection with User Content, the User undertakes to cooperate with the Operator in clarifying the matter, in particular by providing information, presenting documents confirming possession of rights to the content, and taking measures aimed at removing the infringement.
10. If, in connection with User Content, damage, an obligation to pay compensation, a contractual penalty, an administrative penalty, a fine, procedural costs, or another justified cost resulting from the User's infringement of law or third-party rights arises on the Operator's side, the User undertakes to cover such amounts to the extent that they result from the User's act or omission. The User also undertakes to release the Operator from liability towards third parties and to reimburse the justified costs incurred by the Operator in connection with claims resulting from infringement by the User of intellectual property rights, image rights, personal rights, or other rights of third parties.
§ 26. License to User Content
1. To the extent necessary for the proper functioning of the Platform, the User grants the Operator a non-exclusive, royalty-free license to use the User Content input on the Platform.
2. The license referred to in section 1 covers the use of User Content solely to the extent necessary to implement the Platform's functionalities, in particular for the purpose of:
1) storing User Content in the Platform's IT systems;
2) processing User Content for the purpose of creating Designs or Product visualizations;
3) pricing an Order or preparing a response to a Request for Quotation;
4) generating previews or production materials;
5) transferring User Content to other Users to the extent necessary for the performance of Orders, in particular to Sellers or Manufacturers (Contractors);
6) enabling the use of tools available on the Platform, including AI Tools.
3. The license covers in particular the following fields of exploitation to the extent necessary for the implementation of the Platform's functionalities:
1) fixing and reproducing User Content in the Platform's IT systems;
2) entering User Content into the memory of IT systems;
3) processing, modifying, or adapting User Content for the purpose of preparing Designs or Product visualizations;
4) making User Content available to other Users to the extent necessary for the implementation of the Platform's functionalities.
4. The license is granted for the period of the User's use of the Platform and for the period necessary to perform Orders, handle complaints, pursue claims, or perform the Operator's legal obligations.
5. Granting the license referred to in this section does not result in the transfer to the Operator of economic copyrights to User Content.
6. User Content is not used by the Operator for purposes other than the operation, maintenance, security, and development of the Platform, unless the User gives separate consent thereto or otherwise results from section 7 below.
7. To the extent permitted by law, the Operator may use User Content in anonymized or aggregated form for the purpose of developing, testing, and improving the Platform's functionalities, including AI Tools, provided that such use does not lead to disclosure of the User's identity or to public disclosure of the User's content.
§ 27. Designs and Product Visualizations
1. The Platform may make available tools enabling the creation of Designs and the generation of Product visualizations based on User Content.
2. Designs and Product visualizations generated using the Platform's functionalities are illustrative in nature and serve in particular to present the approximate appearance of the Product before its manufacture.
3. Product visualizations may differ from the actual appearance of the Product made by the Manufacturer (Contractor), in particular with regard to:
1) color reproduction;
2) the proportions or scale of graphic elements;
3) print quality;
4) the type of material or the surface structure of the Product.
4. The final appearance of the Product may depend in particular on:
1) the quality of User Content;
2) the resolution of graphic files;
3) the method of preparing the Design;
4) the production technology used by the Manufacturer (Contractor);
5) the properties of the materials used to manufacture the Product.
5. The Operator shall not be liable for differences between the Product visualization presented on the Platform and the Product made by the Manufacturer (Contractor), nor for the quality, conformity with description, or suitability of the Product for a specific purpose. Liability in this respect shall be borne, as appropriate, by the Seller (Brand) making the Product available or the entity carrying out its manufacture, according to the scope of their participation in the preparation, description, making available, or manufacture of the Product.
6. The User is required to independently verify the Design and the Product visualization before placing an Order or publishing a Seller's Product Presentation.
7. The Operator may publish technical guidelines on the Platform concerning the preparation of User Content, in particular with respect to file resolution, graphic formats, proportions, material quality, or other technical parameters. Failure by the User to comply with such guidelines may affect the quality of the Design or Product visualization and shall occur at the User's sole responsibility.
8. The Operator is not required to verify the technical parameters of User Content before their use in a Design or the performance of an Order.
§ 28. AI Tools
1. The Platform may make available functionalities enabling the generation, modification, or processing of User Content using AI Tools.
2. AI Tools may be provided by the Operator or by third parties cooperating with the Operator.
3. AI Tools may be used in particular to:
1) generate graphics or visual elements;
2) modify or improve User Content;
3) prepare Designs or Product visualizations.
4. Results generated using AI Tools are automatic in nature and may contain errors, inaccuracies, or content inconsistent with the User's expectations.
5. Due to the nature of the technology used in AI Tools, similar or comparable results may be generated for different Users.
6. Content generated using AI Tools may be designated as content generated using artificial intelligence systems.
7. Use of AI Tools does not release the User from the obligation to independently verify the possibility of using the generated content. A User using AI Tools is required to verify the legality and possibility of using the generated content before its publication or use in commercial activity.
8. The Operator does not guarantee that content generated by AI Tools:
1) will be free of errors;
2) will meet the User's expectations;
3) will not infringe the rights of third parties.
9. The User is responsible for the use of content generated using AI Tools, in particular with respect to its compliance with legal provisions and the rights of third parties.
10. In the event content generated using AI Tools is used in a Design, Seller's Product Presentation, or Product, the User who decided to use such content shall be responsible for the legality of such content.
11. The Operator may introduce restrictions concerning the use of AI Tools, in particular in order to prevent violations of law or abuse.
§ 29. Reporting Violations
1. Users and third parties may report to the Operator content that may violate legal provisions, the rights of third parties, or the provisions of the Terms.
2. Any person who considers that content published on the Platform infringes the person's intellectual property rights, in particular copyrights or protective rights to a trademark, may report such infringement to the Operator, indicating in particular:
1) the content to which the report relates;
2) the right that, in the reporting person's opinion, has been infringed;
3) the reporting person's contact details;
4) the circumstances justifying the report, if known to the reporting person.
3. The Operator may take measures with respect to User Content if it obtains information about a possible violation of law, in particular by restricting access to the content, removing it, or taking other measures provided for in the Terms.
4. Detailed rules for reporting violations, handling reports, and content moderation may be set out in a separate policy concerning the reporting of illegal content and moderation of content published on the Platform.
§ 30. Removal of User Content
1. The Operator may restrict access to User Content, remove it, or take other measures in the event of a justified suspicion that User Content:
1) violates legal provisions;
2) infringes the rights of third parties;
3) is inconsistent with the provisions of the Terms;
4) may pose a threat to the security of the Platform or other Users.
2. The Operator may in particular:
1) block the possibility of publishing User Content;
2) restrict access to Designs or Seller's Product Presentations;
3) remove User Content from the Platform;
4) restrict the User's access to certain functionalities of the Platform.
3. The Operator may take the measures referred to in this section also in the event of receiving a report concerning a possible violation of law or the rights of third parties.
4. The Operator may allow the User whose content has been covered by a report to present a position or explanations.
5. In the event of taking the measures referred to in this section, the Operator, as a rule, informs the User of the reasons for the decision taken, unless this is contrary to legal provisions or necessary due to the security of the Platform.
6. The Operator shall not be liable for the consequences of removing User Content or restricting access thereto if such measures were taken in order to ensure compliance with legal provisions, protect the rights of third parties, or ensure the security of the Platform.
CHAPTER VI RULES FOR MAKING PRODUCTS AVAILABLE AND CONCLUDING AGREEMENTS ON THE PLATFORM
§ 31. Seller's Product Presentations
1. Sellers may publish on the Platform Seller's Product Presentations relating to Products made available to other Users.
2. A Seller's Product Presentation should include, in particular:
1) the name or description of the Product;
2) information on the material characteristics of the Product;
3) a visualization of the Product, if available;
4) the price of the Product or the method of determining it;
5) information regarding delivery costs or the method of calculating them;
6) information regarding the Order fulfillment time;
7) other information required by law.
3. In the case of Personalized Products, the Product Presentation should also contain information regarding the minimum technical requirements for materials, Designs, or User Content used to produce the Product, in particular concerning:
1) the minimum resolution or quality of graphic files;
2) permissible file formats;
3) the proportions, dimensions, or scale of the Design;
4) other technical parameters relevant to the proper manufacture of the Product.
4. The Seller may specify additional technical requirements concerning materials provided by the User if they are necessary for the proper manufacture of the Product. If the materials provided by the User do not meet the minimum technical requirements specified in the Product Presentation, the Seller may refuse to accept the Order or inform the User of the risks associated with manufacturing the Product.
5. Product visualizations presented on the Platform are illustrative only and serve solely to present the approximate appearance of the Product; the actual appearance of the Product, in particular colors, proportions, placement of elements, or print quality, may differ from the visualization depending on the technical parameters of the file, the production technology, the material, and the settings of the display device.
6. The Seller is responsible for the accuracy, completeness, and legality of the information contained in the Seller's Product Presentations. The Seller is obliged to ensure that the Product Presentation contains the information required by law, in particular where sales are directed to Consumers.
7. A Seller's Product Presentation published on the Platform constitutes an Invitation to Enter into an Agreement within the meaning of civil law provisions.
§ 32. Seller's Obligations
1. The Seller is obliged to conduct sales activity via the Platform in a manner compliant with law, in particular with provisions concerning consumer protection, fair market practices, and electronic commerce.
2. Where Products are offered for sale, the Seller acts as an Entrepreneur and is obliged to provide information allowing its status to be identified in accordance with law and the functionalities of the Platform.
3. The Seller bears sole responsibility for the accuracy, completeness, and legality of the information provided to Users in connection with making Products available on the Platform.
4. The Seller is obliged to comply with the laws applicable in the countries to which it directs its sales.
5. Where sales are directed to Consumers, the Seller is obliged to provide the Consumer with the information required by law, in particular regarding:
1) information identifying the Seller, including the entrepreneur's business name, the registered office address or place of business, and contact details;
2) the main characteristics of the Product;
3) the price of the Product, including information on taxes and other costs;
4) delivery costs or the method of calculating them;
5) the method and time limit for performance;
6) the complaints procedure;
7) the Consumer's right to withdraw from the agreement, if such right applies;
8) other information required by law.
6. In the case of Products manufactured to the Consumer's specifications, serving to satisfy the Consumer's individualized needs, or clearly personalized, the Seller is obliged, before concluding the Sales Agreement, to inform the Consumer of the absence of the right to withdraw from the agreement if such absence results from applicable law.
7. The Seller is obliged to ensure that the Product Presentation and the information provided to Users are not misleading and do not constitute an unfair market practice.
8. The Seller is liable to Users for the performance of the Sales Agreement, in particular for:
1) manufacturing the ordered Product;
2) the conformity of the Product with the description;
3) the conformity of the Product with the Sales Agreement;
4) carrying out delivery;
5) handling complaints.
9. The Operator is not responsible for the performance of the Seller's obligations toward Users arising from the Sales Agreement or from legal provisions concerning sales or consumer protection.
10. The Seller is obliged to cooperate with the Operator in the event of reports concerning violations of law, complaints, or disputes related to Products presented and made available via the Platform.
§ 33. Placing Orders
1. An Order for a Product may be placed by a User, including a Consumer or an Entrepreneur, via the functionalities of the Platform.
2. The Platform may also enable the submission of Requests for Quotation regarding Products or services. Unless expressly stated otherwise, submitting a Request for Quotation does not constitute placing an Order and does not by itself lead to the conclusion of a Sales Agreement.
3. An Order placed by a User via the Platform constitutes an offer to conclude a Sales Agreement addressed to the Seller.
4. The User may place an Order for a Product presented on the Platform via the functionalities made available by the Platform.
5. Placing an Order requires, in particular:
1) selecting the Product;
2) specifying the parameters of the Product, where applicable, including personalization elements or the Design;
3) indicating the data necessary to fulfill the Order, in particular contact details and the delivery address;
4) selecting the delivery method and payment method.
6. Before placing an Order, the User has the opportunity to verify the selected Products, Order parameters, price, and any additional costs.
7. Placing an Order takes place by confirming the Order using the appropriate functionality of the Platform clearly marked, in particular, as "order with obligation to pay" or an equivalent wording.
8. Placing an Order constitutes a declaration of intent by the User aimed at concluding a Sales Agreement with the Seller on the terms specified in the content of the Order.
9. After placing an Order, the User may receive an automatic confirmation of its receipt by the Platform's ICT system.
10. The confirmation referred to in paragraph 9 is technical in nature and does not constitute Order Acceptance by the Seller or the conclusion of a Sales Agreement.
11. The detailed terms for fulfilling the Order, including the time for manufacturing the Product and the manner of delivery, shall be specified by the Seller within the Product Presentation, the functionalities of the Platform, or communication with the User.
§ 34. Order Acceptance and Conclusion of the Sales Agreement
1. After the User places an Order, the Order is forwarded to the Seller.
2. The Seller may verify the Order before accepting it, in particular with respect to:
1) Product availability;
2) the possibility of manufacturing the Product;
3) the correctness of the Order parameters;
4) the compliance of User Content with law or the Terms.
3. The Seller may:
1) accept the Order;
2) refuse to accept the Order;
3) contact the User in order to clarify the Order.
4. The Sales Agreement is concluded between the Seller and the User at the moment of Order Acceptance by the Seller via the functionalities of the Platform. Upon the conclusion of the Sales Agreement, mutual obligations arise between the Seller and the User, consisting in particular of:
1) the Seller's obligation to manufacture and deliver the Product in accordance with the Order;
2) the User's obligation to pay the price for the Product and any additional costs.
5. Information about Order Acceptance is provided to the User via the functionalities of the Platform.
6. If acceptance of the Order is refused, the Seller informs the User thereof via the Platform.
7. The Operator is not a party to the Sales Agreement and bears no responsibility for the Seller's decision to accept or refuse to accept the Order.
§ 35. Payments
1. Payments made in connection with Orders placed via the Platform may be made using the payment methods made available within the functionalities of the Platform for a given type of transaction.
2. The Platform may enable the use of services of external payment service providers or electronic payment operators with respect to selected payment methods made available within the functionalities of the Platform.
3. Making a payment using certain payment methods made available within the functionalities of the Platform may require acceptance of terms and conditions or other service terms of the payment service provider or electronic payment operator.
4. Payment service providers or electronic payment operators may require Users or Sellers to undergo verification procedures, comply with specified security requirements, or accept additional conditions arising from law or the regulations of such entities.
5. Payment service providers or electronic payment operators may apply their own security procedures and transaction verification procedures, including in particular withholding funds, refusing to process transactions, or making refunds in accordance with law and the regulations of such entities.
6. The Operator does not provide payment services within the meaning of law, unless expressly stated otherwise.
7. The Operator may make available technical solutions enabling payments and intermediate in the transfer of payment-related information between the User, the Seller, and the payment service provider.
8. The obligation to pay the price for the Product arises upon the conclusion of the Sales Agreement between the Seller and the User, unless a different moment for the arising of the payment obligation is specified within the functionalities of the Platform, in the Product Presentation, or in the Order placement process.
9. The detailed rules for making payments, including the available payment methods, deadlines, and manner of payment, the moment the User's payment account is debited, and any fees associated with payment, are determined within the functionalities of the Platform, in the Product Presentation, or in the regulations of payment service providers or electronic payment operators, as appropriate for the selected payment method.
10. The Seller is obliged to accept the payment methods made available within the functionalities of the Platform for a given type of transaction. The Seller is not entitled to make the conclusion or performance of the Sales Agreement conditional upon the use of a payment method other than one made available within the functionalities of the Platform, unless the Operator expressly provides for such possibility.
11. Some payment methods made available within the functionalities of the Platform may not be subject to automatic registration, verification, or synchronization of payment status on the Platform. In such case, the Seller may mark the Order as paid on the basis of information on receipt of payment at the Seller's disposal and independently decide to commence fulfillment of the Order, unless the functionalities of the Platform provide otherwise.
12. With respect to payment methods that are not handled by external payment service providers or electronic payment operators integrated with the Platform, or are not subject to automatic synchronization of payment status on the Platform, the Operator is not responsible for confirming that payment has been made, the correctness of its settlement, or the conformity of marking the Order as paid with the actual state of affairs, unless expressly stated otherwise.
13. The Seller undertakes to make refunds related to Orders using the functionalities available within the Platform, if such functionalities have been made available by the Operator. If a payment refund is carried out via payment service providers or electronic payment operators cooperating with the Operator, the Seller is obliged to comply with the refund rules arising from the regulations of such entities.
14. If, within the functionalities of the Platform, a cash on delivery option has been made available for a given Product, such payment shall be made in accordance with the rules specified by the Seller or the delivery service provider providing the cash-on-delivery service. The Operator does not participate in the flow of funds between the User and the Seller with respect to this payment method, unless expressly stated otherwise.
15. The Operator or the Seller may limit the availability of certain payment methods for specified Products, categories of Products, delivery methods, or types of Orders, in particular with respect to Personalized Products or Products made to individual order.
CHAPTER VII COOPERATION BETWEEN SELLERS AND MANUFACTURERS
§ 36.Selection of Manufacturer by the Seller
1. The Platform enables Sellers (Brands) to establish cooperation with Manufacturers (Contractors) for the purpose of carrying out the production or manufacture of Products presented and made available to Users via the Platform.
2. A Manufacturer (Contractor) may present on the Platform information concerning its business activity, in particular regarding:
1) the production or manufacturing services offered;
2) the production technologies used;
3) available technical parameters or materials;
4) indicative lead times;
5) the location of the business activity;
6) other information enabling Sellers to assess the possibility of cooperation.
3. Sellers (Brands) may search for Manufacturers (Contractors) via the functionalities of the Platform, in particular using search, filtering, comparison, or other mechanisms made available by the Operator.
4. The selection of a Manufacturer (Contractor) for the purpose of carrying out production or manufacturing a Product shall belong exclusively to the Seller (Brand).
5. The Platform may enable the Seller to provide the Manufacturer (Contractor), via the functionalities of the Platform, with information, Designs, production files, User Content, or other data necessary to carry out the Product.
6. The Operator provides only technical tools enabling the establishment of cooperation between the Seller and the Manufacturer (Contractor) and the transfer of information or materials necessary to carry out production.
7. The Operator is not a party to agreements concluded between the Seller and the Manufacturer (Contractor) and bears no responsibility for the performance of obligations arising from such agreements.
§ 37. Transfer of Production Designs
1. For the purpose of carrying out production or manufacturing the Product, the Seller may provide the Manufacturer (Contractor), via the functionalities of the Platform, with Designs, visualizations, production files, User Content, or other materials necessary to manufacture the Product.
2. The materials provided may include, in particular:
1) Product Designs prepared using tools available on the Platform;
2) User Content entered by the end User;
3) graphic files, production files, or other technical materials;
4) specifications concerning the manufacture of the Product.
3. The Seller is responsible for the accuracy, completeness, and suitability of the materials provided to the Manufacturer (Contractor) for the purpose of carrying out production.
4. The Manufacturer (Contractor) is responsible for assessing the technical feasibility of manufacturing the Product on the basis of the materials provided by the Seller.
5. If the materials provided by the Seller do not meet the technical requirements necessary for the proper manufacture of the Product, the Manufacturer (Contractor) may:
1) refuse to carry out production, or
2) inform the Seller of the risks associated with manufacturing the Product.
6. The Operator provides only technical tools enabling the transfer of materials between the Seller and the Manufacturer (Contractor) and does not verify their technical correctness, quality, or compliance with production requirements.
7. The Operator bears no responsibility for errors, inaccuracies, or deficiencies in the materials transferred between the Seller and the Manufacturer (Contractor).
§ 38. Carrying Out Production
1. The carrying out of production or the manufacture of the Product takes place between the Seller (Brand) and the Manufacturer (Contractor) on the basis of a production order placed via the functionalities of the Platform.
2. A production order may include, in particular:
1) the Design of the Product or production files;
2) the Product specification;
3) the number of units;
4) the completion date;
5) the Manufacturer's (Contractor's) remuneration or the method of determining it;
6) other information necessary to manufacture the Product.
3. The Manufacturer (Contractor) is responsible for manufacturing the Product in accordance with the materials provided, the technical specification, and the agreed production terms.
4. The Manufacturer (Contractor) specifies, via the Platform, the terms for carrying out the production order, in particular the scope, parameters, completion date, and remuneration, which constitute the basis for the Seller's selection of the Manufacturer. Upon the Seller's selection of the Manufacturer's offer compliant with the order parameters, an obligation arises between the Seller and the Manufacturer (Contractor) to carry out the production on the terms specified in the order and the Manufacturer's offer. The Manufacturer is not entitled to separately accept or reject the order, unless the Terms expressly provide otherwise.
5. The remuneration terms due to the Manufacturer (Contractor) for carrying out production or manufacturing the Product are specified within the production order placed via the Platform or in another manner provided for in the functionalities of the Platform. Settlements between the Seller and the Manufacturer (Contractor) may be made using payment systems made available within the Platform.
6. The Seller (Brand) ensures the proper preparation of the Design, specification of the Product parameters, and transfer to the Manufacturer (Contractor) of the information necessary to carry out production.
7. The Manufacturer (Contractor) manufactures the Product in accordance with the agreed production technology, the production materials provided, and the established completion date.
8. If it is determined that manufacturing the Product in accordance with the Design provided is technically impossible or may result in defects in the Product, the Manufacturer (Contractor) is obliged to inform the Seller thereof before commencing production.
9. If contact between the Seller and the Manufacturer (Contractor) was established via the Platform, production orders relating to Products offered on the Platform shall be carried out using the functionalities of the Platform. The Seller and the Manufacturer (Contractor) are not entitled to conclude between themselves agreements concerning the production of Products offered on the Platform while bypassing the functionalities of the Platform.
10. The Operator does not participate in the production process or in the process of manufacturing Products offered by Sellers.
11. The Operator bears no responsibility for:
1) the quality of manufacture of the Product;
2) the conformity of the Product with the Design;
3) the production completion date;
4) defects arising in the production process;
12. The Operator is not a party to settlements between the Seller and the Manufacturer (Contractor) and bears no responsibility for their mutual financial obligations, unless the functionalities of the Platform expressly provide for the participation of the Operator in the settlement process.
§ 39. Liability for Manufacturing the Product
1. The Seller (Brand) is obliged to fulfill the Order and bears liability to the User for the conformity of the Product with the Sales Agreement.
2. The Manufacturer (Contractor) is obliged to manufacture the Product in accordance with the production order and the production materials provided and bears liability toward the Seller for the proper performance of production.
3. The Seller is obliged to provide the Manufacturer (Contractor) with correct Designs, materials, and the technical specification necessary to carry out production and bears responsibility for their correctness.
4. The Manufacturer (Contractor) is obliged to use the Designs, production files, User Content, and other materials provided by the Seller solely for the purpose of carrying out the production order and is not entitled to use them for any other purpose without the prior consent of the Seller or the authorized entity.
5. If a defect in the Product arose in the course of its manufacture (production), the Manufacturer (Contractor) shall be liable toward the Seller, unless the defect results from the Design, materials, or specification provided by the Seller.
6. If a defect in the Product results from the Design, User Content, or materials provided by the Seller, the Seller shall be liable toward the User.
7. The Operator is not a party to the Sales Agreement concluded between the Seller and the User or to agreements concerning the production of the Product concluded between the Seller and the Manufacturer (Contractor).
8. The Operator bears no responsibility for the quality of Products, their conformity with the Design, or the performance of obligations arising from agreements concluded between the Seller and the Manufacturer (Contractor), unless mandatory provisions of law provide otherwise.
§ 40. Fulfillment of Product Deliveries
1. The Seller is obliged to ensure fulfillment of delivery of the Product to the User in accordance with the conditions specified in the Product Presentation and in the Order.
2. Delivery of the Product may be carried out, in particular, by:
1) the Seller (Brand);
2) the Manufacturer (Contractor) acting on the Seller's instructions;
3) external transport or courier service providers.
3. If shipment of the Product is carried out by the Manufacturer (Contractor), it acts in this respect on the Seller's (Brand's) instructions.
4. The Seller is obliged to ensure that the Product is properly prepared for transport, in particular properly packed and protected against damage during carriage.
5. Delivery of the Product shall be carried out in accordance with the terms specified by the transport or courier service providers whose services are used by the Seller or the Manufacturer (Contractor).
6. The Seller bears liability toward the User for organizing and carrying out delivery of the Product in accordance with the conditions specified in the Sales Agreement, in particular for handing over the Product for delivery and delivering it to the place indicated in the Order, unless mandatory provisions of law provide otherwise.
7. The Operator may make available functionalities enabling integration of the Platform with logistics or courier service providers, in particular for the purpose of generating shipping labels, ordering transport services, or tracking shipments.
8. The Operator is not a party to agreements concluded between the Seller or the Manufacturer (Contractor) and transport or courier service providers.
9. The Operator bears no responsibility for the performance of transport services, in particular for delays in delivery, loss of the shipment, or damage to the Product in transit.
CHAPTER VIII COOPERATION WITH THE PLATFORM OPERATOR
§ 41. Establishing Cooperation with the Operator
1. Sellers or Manufacturers (Contractors) may use the functionalities of the Platform intended for business entities after creating an appropriate Account and after satisfying the requirements set out in the Terms or within the functionalities of the Platform.
2. When using the Platform, Sellers or Manufacturers (Contractors), to the extent that a given entity uses the functionalities of the Platform or publishes materials within it, may in particular:
1) publish information on Products or production services made available;
2) present their profiles, experience, scope of activity, or production capabilities;
3) establish commercial relationships with other Users;
4) use tools enabling cooperation in the fulfillment of Orders;
5) use communication tools and functionalities enabling the transfer of Designs or production data.
3. In order to enable the use of the functionalities of the Platform, the Seller or Manufacturer (Contractor), to the extent that a given entity uses the functionalities of the Platform or publishes materials within it, may enter on the Platform information concerning, in particular:
1) the business activity conducted;
2) Products or services made available;
3) production technologies or manufacturing capabilities;
4) prices, completion dates, or other terms of cooperation;
5) photographs, visualizations, descriptions, or other informational materials.
4. By entering on the Platform information, materials, or data concerning its business activity, the Seller or Manufacturer (Contractor) - each with respect to the materials it publishes - represents, warrants, and undertakes that:
1) it is authorized to publish them;
2) such information is true and not misleading;
3) their use within the Platform does not infringe third-party rights.
5. The Seller or Manufacturer (Contractor) shall bear responsibility for the accuracy, completeness, and legality of the information published by it on the Platform, each with respect to the materials introduced by it.
6. The Seller or Manufacturer (Contractor), to the extent that it publishes on the Platform materials, designations, or content concerning its activity, in particular within Product Presentations or its business profile, grants the Operator a non-exclusive, royalty-free right to use such materials to the extent necessary for the operation, development, and promotion of the Platform, in particular for:
1) publishing and displaying such materials within the Platform;
2) presenting them in catalogs, search engines, rankings, or listings available on the Platform;
3) adapting their technical form to the manner in which the Platform operates;
4) translating content into other languages, including using automatic translation tools;
5) presenting such content in different language versions of the Platform;
6) using them in informational, marketing, or promotional activities concerning the Platform.
7. The Operator is entitled to present information concerning Sellers (Brands) and Manufacturers (Contractors), in particular information published by them on the Platform, within search engines, catalogs, rankings, listings, or other functionalities of the Platform enabling Users to find offers, services, or cooperating entities via the Platform.
8. The Seller or Manufacturer (Contractor) - each with respect to the designations identifying its business activity made available on the Platform - grants the Operator a non-exclusive, royalty-free right to use business names, enterprise designations, trademarks, logos, and other designations identifying its activity to the extent necessary for:
1) presenting its activity within the Platform;
2) publishing offers or services available on the Platform;
3) identifying Products or services offered via the Platform;
4) conducting informational, marketing, or promotional activities concerning the Platform.
9. The Operator may make editorial or technical changes to the manner of presenting information published on the Platform by Sellers or Manufacturers (Contractors), in particular in order to adapt it to the manner in which the Platform operates, its functionalities, or technical requirements, provided that such changes do not lead to a change in the material content of such information.
10. The Operator provides Sellers and Manufacturers (Contractors) with technological infrastructure enabling the presentation of Products, services, or business profiles, the establishment of cooperation, and the fulfillment of Orders; however, it is not a party to agreements concluded between Users.
§ 42. Rules of Cooperation with the Operator
1. The Seller and the Manufacturer (Contractor), each within the scope of its activity conducted via the Platform, by using the functionalities of the Platform intended for business entities, cooperate with the Operator to the extent enabling the operation of the Platform and the fulfillment of Orders placed through it.
2. The Seller and the Manufacturer (Contractor), each within the scope of using the functionalities of the Platform appropriate to its activity, use the technical infrastructure, ICT systems, and tools made available by the Operator within the Platform.
3. The Seller and the Manufacturer (Contractor) are obliged to use the Platform in accordance with the Terms, the intended purpose of the Platform, and applicable law, each within the scope of its activity conducted via the Platform.
4. The Seller and the Manufacturer (Contractor) are obliged to cooperate with the Operator to the extent necessary for the proper functioning of the Platform, in particular by:
1) providing true, reliable, and up-to-date information concerning the business activity conducted;
2) using the functionalities of the Platform in accordance with their intended purpose;
3) responding to the Operator's communications, inquiries, or notices concerning the use of the Platform.
5. The Operator may develop the Platform, introduce new functionalities, change the manner in which existing functionalities operate, or modify the manner of presenting information, Products, services, or other content published on the Platform, provided that this does not infringe the rights of Users arising from the Terms or mandatory provisions of law.
6. The Operator may use IT systems, algorithms, or other technological solutions serving in particular to search for, classify, recommend, or present offers, services, Designs, or profiles of Sellers and Manufacturers (Contractors).
7. Detailed terms of Sellers' cooperation with the Operator, including in particular the rules for publishing Seller's Product Presentations, fulfilling Orders, settlements, or other aspects of the activity conducted via the Platform, may be specified in separate rules or regulations concerning Sellers.
8. Detailed terms of cooperation between Manufacturers (Contractors) and the Operator, including in particular the rules for carrying out production, accepting production orders, cooperation with Sellers, or settlements related to carrying out production, may be specified in separate rules or regulations concerning Manufacturers (Contractors).
9. The documents referred to in paragraphs 7 and 8 supplement these Terms to the extent that they regulate detailed rules for the use of the Platform by Sellers or Manufacturers (Contractors).
§ 43.Operator's Obligations
1. The Operator is obliged to make the Platform available to Users and to enable the use of its functionalities in accordance with the provisions of the Terms.
2. The Operator is obliged to take actions aimed at ensuring the proper functioning of the Platform and the security of its technical infrastructure.
3. The Operator may introduce technical breaks in the operation of the Platform, in particular for the purpose of:
1) carrying out maintenance works on ICT systems;
2) updating software;
3) removing failures;
4) developing or modifying the functionalities of the Platform;
5) ensuring the security of the Platform's ICT systems.
4. The Operator shall exercise due care to ensure that planned technical breaks are limited to the necessary scope. Where possible, technical breaks shall be carried out during periods of reduced traffic on the Platform, in particular during nighttime hours. The Operator shall, where possible, inform Users of planned technical breaks, their scope, and their anticipated duration.
5. The Operator does not guarantee uninterrupted availability of the Platform or the absence of errors in its operation, in particular in the event of failures of ICT systems, force majeure, interruptions in the operation of services of external providers, or other events beyond the Operator's control. The Operator shall not be liable for damages, including lost profits, resulting from temporary unavailability of the Platform, subject to mandatory provisions of law.
6. Independently of technical breaks, unforeseen disruptions in the operation of the Platform may occur, resulting in particular from failures of IT systems, network infrastructure, or services of external providers ("Technical Failures"). In the event of a Technical Failure, the Operator shall take actions aimed at restoring the proper operation of the Platform as quickly as possible.
7. Information concerning Technical Breaks or Technical Failures may be published on the Platform, in particular in the announcements section, news, help center, or via other communication channels made available by the Operator.
8. The Operator takes actions aimed at ensuring the availability and stability of the operation of the Platform in accordance with standards appropriate for services provided by electronic means and the nature of the Platform as an ICT system accessible via the Internet.
9. The Operator may develop, modify, or change the functionalities of the Platform and introduce changes to its technical architecture or manner of operation to the extent necessary for its development, improvement of security, adaptation to legal requirements, or the needs of Users.
§ 44. Operator's Commissions and Fees
1. Use of the Platform by Users for the purpose of browsing content, searching for Products, and placing Orders is free of charge.
2. The Operator charges fees or commissions related to the use of the Platform by Sellers (Brands) and Manufacturers (Contractors).
3. The fees referred to in paragraph 2 may include, in particular:
1) commissions on transactions concluded via the Platform;
2) commissions on remuneration due in connection with the performance of production or manufacturing services;
3) subscription fees for using specified functionalities of the Platform;
4) fees for using additional functionalities or additional services offered by the Operator;
5) fees for publishing or promoting Seller's Product Presentations, Designs, or other content within the Platform.
4. The amount of fees or commissions referred to in this paragraph may be specified, in particular:
1) in a price list made available on the Platform;
2) within the functionalities of the Platform;
3) in separate terms or agreements concluded between the Operator and the given User.
5. The Operator may collect due fees or commissions, in particular, by:
1) deducting them from payments made using payment methods made available within the functionalities of the Platform, insofar as the given payment method or settlement model permits this;
2) debiting the User's payment account maintained by a payment service provider, insofar as the User has consented thereto or the terms of the given service so provide;
3) issuing an invoice or other settlement document;
4) applying other settlement methods provided within the functionalities of the Platform, the price list, or separate cooperation terms.
6. The Seller and the Manufacturer (Contractor) are obliged to pay to the Operator the fees or commissions due in connection with their use of the Platform, in accordance with the rules specified in the Terms, the price list, or separate cooperation terms. Each of these Users bears responsibility for the fees or commissions due in respect of its own activity conducted via the Platform. Neither the Seller nor the Manufacturer (Contractor) is entitled to take actions aimed at circumventing the fees or commissions due to the Operator, in particular by concluding transactions outside the Platform or directing settlements outside the rules provided within the functionalities of the Platform. The use of a payment method made available by the Operator within the functionalities of the Platform shall not be considered circumvention of fees or commissions, even if such method is not subject to automatic synchronization of payment status on the Platform.
7. The Operator may differentiate the amount of fees or commissions depending on:
1) the type of the User's Account;
2) the scope of the Platform functionalities used;
3) the type of transactions or services carried out via the Platform;
4) the country or market in which Products are offered;
5) other business criteria specified by the Operator.
8. If the Seller or Manufacturer (Contractor) establishes, via the Platform, contact, a commercial relationship, or cooperation with another User of the Platform, all transactions concerning Products or services presented or made available via the Platform should be concluded and settled using the functionalities of the Platform, including through the payment methods made available within the functionalities of the Platform for the given type of transaction.
9. If the Seller or Manufacturer (Contractor) concludes with another User of the Platform a transaction outside the Platform or causes its settlement to occur while bypassing the functionalities of the Platform, despite the fact that the transaction or commercial relationship was established via the Platform, the Operator shall be entitled to charge and pursue the fees or commissions due as if the transaction had been concluded and settled in accordance with the rules applicable on the Platform.
10. The provisions of paragraphs 8-9 shall apply accordingly to transactions concluded between the Seller or Manufacturer (Contractor) and another User of the Platform within a period of 24 months from the moment of establishing contact, a commercial relationship, or cooperation via the Platform, if the transaction concerns Products or services presented or made available via the Platform.
11. The Seller or Manufacturer (Contractor) is not entitled to take actions aimed at directing Users to conclude transactions or make settlements outside the functionalities of the Platform in order to avoid fees or commissions due to the Operator. This provision does not exclude the use of payment methods made available within the functionalities of the Platform.
12. The Operator may introduce changes to the amount of fees or commissions referred to in this paragraph, in particular in connection with a change in the Platform's business model, the development of its functionalities, market changes, or changes in the costs of providing services. Information on a change in fees or commissions shall be published on the Platform or provided to Users in the manner adopted for communication on the Platform.
13. Unless expressly stated otherwise, the fees or commissions specified in this paragraph do not include taxes, public-law charges, or other amounts arising from applicable provisions of law, which may be added in accordance with the relevant regulations.
14. The Operator is entitled to deduct due fees or commissions from any funds due to the Seller or Manufacturer (Contractor) in connection with transactions carried out via the Platform, unless provisions of law or the regulations of payment service providers provide otherwise.
15. In the event of arrears in the payment of fees or commissions due to the Operator, the Operator may restrict access to selected functionalities of the Platform, in particular the possibility of publishing Seller's Product Presentations or accepting Orders, until the amounts due are paid.
CHAPTER IX COMPLAINTS AND LIABILITY
§ 45. Complaints Regarding the Functioning of the Platform
1. The User is entitled to submit complaints regarding the functioning of the Platform or Electronic Services provided by the Operator.
2. A complaint may concern, in particular:
1) incorrect operation of the Platform's functionalities;
2) technical problems related to the use of the Platform;
3) unavailability of specific functionalities of the Platform;
4) other irregularities related to the provision of Electronic Services by the Operator.
3. Complaints may be submitted, in particular:
1) via the contact form available on the Platform;
2) by electronic mail to the address indicated by the Operator;
3) in any other manner made available within the functionalities of the Platform.
4. A complaint should include, in particular:
1) data enabling the identification of the User;
2) a description of the reported problem or irregularity;
3) where possible, the date on which the problem occurred and information enabling its reproduction.
5. The Operator shall examine the complaint and provide a response without undue delay. In the case of a complaint submitted by a Consumer, the Operator shall provide a response within 14 days from the date of its receipt, unless provisions of law provide for a different time limit. In the case of complaints submitted by Users who are not Consumers, the Operator shall provide a response within 30 days from the date of its receipt, unless, due to the nature of the matter, additional explanatory actions are required.
6. The Operator shall inform the User of the manner in which the complaint has been resolved in the same manner in which the complaint was submitted, unless the User indicates another method of contact.
7. The provisions of this paragraph apply exclusively to complaints related to the functioning of the Platform or Electronic Services provided by the Operator.
8. Complaints regarding the quality of Products, the conformity of Products with the Sales Agreement, the performance of Orders, or the delivery of Products should be addressed to the Seller, and in relations between the Seller and the Manufacturer (Contractor) - respectively, to the Manufacturer (Contractor), in accordance with the rules arising from provisions of law, the Terms, and the terms of cooperation established between those entities.
§ 46. Scope of the Operator's Liability
1. The Operator provides Electronic Services consisting in making the Platform and its functionalities available, enabling Users to publish information, establish cooperation, and conclude agreements between Users.
2. The Operator shall be liable exclusively for its own actions related to the provision of Electronic Services consisting in making the Platform available and maintaining it, subject to the provisions of the Terms and provisions of law.
3. The Operator is not a party to agreements concluded between Users via the Platform, in particular:
1) Sales Agreements concluded between the Seller and the User;
2) arrangements concerning the execution of production between the Seller and the Manufacturer (Contractor);
3) other commercial relationships established between Users.
4. Limitations of the Operator's liability provided for in other provisions of the Terms, in particular those concerning the sale, production, delivery of Products, and content published by Users, shall apply accordingly taking into account the nature of the given service or legal relationship.
5. To the extent permitted by provisions of law, the Operator's liability towards Users conducting business activity in connection with the use of the Platform is excluded to the fullest extent permissible.
6. The limitations of liability set out in this paragraph shall not exclude the Operator's liability to the extent that it arises from mandatory provisions of law.
CHAPTER X DATA PROTECTION AND SECURITY
§ 47. Personal Data
1. The Operator processes the personal data of Users in accordance with the applicable provisions of law regarding the protection of personal data, in particular in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
2. Detailed rules for the processing of personal data by the Operator, including the purposes, legal bases, and data retention periods, are set out in the Privacy Policy made available on the Platform.
3. With regard to personal data processed in connection with the performance of Orders or cooperation between Users, in particular in connection with:
1) the conclusion and performance of Sales Agreements;
2) the execution of production or manufacture of Products;
3) the performance of delivery of Products;
4) payment handling or financial services,
Sellers, Manufacturers (Contractors), payment service providers, logistics service providers, and other service providers integrated with the Platform may act as separate personal data controllers, in accordance with applicable provisions of law.
4. In the cases referred to in section 3, each entity processing personal data shall be responsible for ensuring that such data processing complies with provisions of law within the scope of its activities.
5. The Operator shall not be responsible for the compliance with provisions of law of personal data processing carried out by entities acting as separate data controllers, to the extent that the Operator itself does not determine the purposes and means of such processing.
6. With regard to functionalities of the Platform using AI Tools, data entered by Users may be processed for the purpose of generating, modifying, or analyzing content in accordance with the rules set out in the Terms and in the Privacy Policy.
7. Where functionalities of the Platform use solutions provided by external technology providers, such entities may process data in accordance with the rules set out in their own privacy policies, terms, or service conditions.
§ 48. Security
1. The Operator applies appropriate technical and organizational measures aimed at ensuring the security of the functioning of the Platform, in particular the protection of:
1) data processed within the Platform,
2) the integrity of IT systems,
3) the confidentiality of communications between Users and the Platform.
2. The Operator takes measures aimed at preventing, in particular:
1) unauthorized access to the Platform's IT systems,
2) unauthorized acquisition of data,
3) disruptions to the operation of the Platform's infrastructure,
4) abuses consisting in the automated acquisition of data or the use of the Platform's functionalities in a manner contrary to their intended purpose.
3. The Operator may use technological solutions designed to detect abuses, security breaches, or actions that may threaten the functioning of the Platform.
4. The User is obliged to use the Platform in a manner ensuring the security of access to the Account and to refrain from taking actions that may impair the security of the Platform or other Users.
5. The Operator shall not be liable for damage arising from a breach of the security of the User's Account if such breach occurred as a result of the User's actions or omissions.
CHAPTER XI FINAL PROVISIONS
§ 49. Amendment of the Terms
1. The Operator is entitled to amend the Terms, in particular in the event of:
1) changes in provisions of law affecting the functioning of the Platform;
2) introduction of new functionalities of the Platform;
3) changes in the manner of providing Electronic Services;
4) the need to adapt the Terms to technological or organizational changes concerning the Platform.
2. The Operator shall inform Users of an amendment to the Terms by publishing a new version of the Terms on the Platform or in another manner enabling them to familiarize themselves with its content.
3. Amendments to the Terms shall enter into force on the date indicated by the Operator, not earlier than 14 days from the date of their publication on the Platform, unless provisions of law require a different procedure for the introduction of such amendments.
4. Use of the Platform after amendments to the Terms enter into force shall constitute acceptance of its new content, provided that the User was previously informed of the amendments in accordance with sections 2 and 3 and, in accordance with provisions of law, did not terminate the agreement for the provision of Electronic Services.
5. If the User does not accept the amendments to the Terms, the User may cease using the Platform and delete the Account in accordance with the rules set out in the Terms.
§ 50. Dispute Resolution
1. The Terms and agreements for the provision of Electronic Services concluded between the Operator and the User shall be governed by Polish law, subject to section 2.
2. In the case of Users who are Consumers, the choice of Polish law shall not deprive them of the protection granted to them under mandatory provisions of law of the state in which they have their habitual residence, if such provisions are applicable.
3. Any disputes between the Operator and a User who is not a Consumer, arising from the use of the Platform or related to the Terms, shall be resolved by a Polish common court having territorial jurisdiction over the Operator's registered office.
4. The provisions of this paragraph shall not prejudice protective rules on jurisdiction or other rights granted to Consumers under mandatory provisions of law.
5. A Consumer may use out-of-court methods of dispute resolution and claim enforcement provided for by provisions of law.
6. Information on available entities authorized to resolve consumer disputes out of court may be made available on the Platform or in the Operator's information materials.
7. If any provision of the Terms proves to be invalid, ineffective, or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of the Terms, unless the circumstances indicate that, without the given provision, the Terms would not have been adopted.