Terms of Use - ViralPlace

Terms of Use of the ViralPlace Platform

(hereinafter referred to as the "Terms")

§ 1 General Provisions

These Terms set forth the conditions for the provision of the ViralPlace service. In the event that an individual agreement is concluded with a Creator, Partner, or Ordering Party (hereinafter collectively: "Clients" or "Client" or "User"), the provisions of that agreement may modify the terms of the Order.
These Terms have been translated into English. All efforts have been made to provide an accurate translation; however, in the case of any discrepancies, the Polish version shall be decisive.
The controller of personal data on the "ViralPlace" platform https://www.viralplace.io is Fundacja AIP, headquartered at: Warsaw, Al. Ks. Poniatowskiego 1, 03-901 Warsaw, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000199402, with Tax ID (NIP) 524-24-95-143, as part of an initiative conducted in the form of a project named ViralPlace (hereinafter: the "Platform," "ViralPlace," "Administrator," "Service Provider," or "Service").
ViralPlace enables Creators to upload works (“Utwory”) to the Platform at the Order of a Partner or Ordering Party, in return for the remuneration defined in the Order.
For the terms used in these Terms, the definitions below apply:
1. Business Days – weekdays from Monday to Friday, excluding statutory public holidays;
2. Functionality – the ability of digital content, a digital service, or goods to perform their functions in consideration of their intended purpose;
3. Integration – the connection of digital content or a digital service with elements of the Consumer’s digital environment, and incorporating them into those elements in order to ensure compliance with the contract for the supply of digital content or a digital service;
4. Interoperability – the ability of digital content, a digital service, or goods to interact with computer hardware or software other than those typically used for content or services of the same type;
5. Compatibility – the interaction of digital content, a digital service, or goods with computer hardware or software typically used for digital content, digital services, or goods of the same type, without the need to convert them;
6. Consumer – a natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity, who may also be a Creator and/or User;
7. Client Account – a field containing data on executed transactions, as well as a tool for placing Orders by Users;
8. Partner – an entity that has previously concluded a permanent cooperation agreement with ViralPlace and refers Users to ViralPlace;
9. Platform – the ViralPlace platform enabling the uploading of works under an Order;
10. Cookie Files – short text files that constitute IT data used to browse the contents of the Platform and are stored on the User’s end device;
11. Digital Product – a graphic digital file in audio, video, or audiovisual format constituting digital content, i.e., data created and delivered in digital form;
12. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, making a legal transaction in their own name within the scope of their business or professional activity, including those who conclude contracts with the Platform for purposes directly related to their business activity, where the use of the Platform (including purchasing licenses via the Platform) is of a professional nature for that person, arising in particular from the subject of their business activity, made available in accordance with the provisions on the Central Register and Information on Economic Activity;
13. Entrepreneur–Consumer – a natural person (including one acquiring a license through the Platform) for purposes directly related to their business activity, when using the Platform, including purchasing a license via the Platform, does not constitute for this person a professional activity arising in particular from the subject of their business activity, made available under the provisions of the Central Register and Information on Economic Activity;
14. Terms – this document, defining the conditions and rules of using the Platform;
15. Registration – the voluntary provision of data by a User by completing a form available on the pages of this Platform;
16. Digital Environment – the computer hardware, software, and network connections used by the Consumer to access or use digital content or a digital service;
17. Creator – an entity providing digital content to the Administrator by electronic means, containing Works;
18. Device – a computer, smartphone, or other technical means meeting the minimum technical requirements specified in the Terms, necessary for the User to use the Platform;
19. Digital Service – a service that allows the Consumer to:
  1. share data in digital form, which was transmitted or created by the Consumer or other Users,
  2. create, process, store, or access data in digital form,
  3. create, process, store, or access data in digital form (note: the original text seems to repeat a point—listed as 3) again—this is kept as-is to reflect the Polish text),
20. Work (Utwór) – promotional videos, usually short, that may constitute a work within the meaning of the Polish Copyright and Related Rights Act;
21. User – any adult natural person with full legal capacity who uses the Platform;
22. Ordering Party – an entity that commissions the supply and obtains a license to the Work via the Platform, and which may be referred to the Platform by a Partner or may learn about the Platform independently of a Partner;
23. Order – the commission to supply a Work together with a license to it by the Creator via the Platform for the benefit of the Partner or the Ordering Party, as well as the commission to sell a license to the Work by the Creator to the Platform (two separate forms).

§ 2 Technical Conditions for Using the Platform

In order to use the Service, the User should have:
1. a device that transmits teleinformation data;
2. enabled acceptance of Cookie Files and JavaScript;
3. access to the Internet;
4. an email address.
The Administrator collects information contained in Cookie Files, which are text files containing the identifier of the Device used by the User.
The User decides whether to allow the use of Cookie Files. Internet browsers often by default allow the installation of such files on the User’s end device, which can be changed at any time.
The Administrator informs that disabling the possibility of using Cookie Files by the User may affect the functionality available on the Service.
Detailed information regarding Cookie Files is included in the privacy and cookie policy, made available at ... , which is an integral part of these Terms.

§ 3 Accounts on the Platform and the Creator’s Right to Remuneration

In order to use the Platform, it is necessary to have a Creator’s account or an Ordering Party’s account, unless a given User is using the Platform upon referral by a Partner.
Creators’ accounts may have different levels depending on their seniority on the Platform or the volume of the Creator’s transactions via the Platform.
For creating the Work, the Creator is entitled to remuneration specified in the Order, provided that the Work is accepted by the Ordering Party or the Partner and payment for it has been made.
The remuneration is payable monthly in arrears for all Works performed by the Creator and accepted by the Partner or the Ordering Party in a given month—no later than by the 15th day of the following month, unless otherwise specified in the Order.
The Creator’s remuneration shall be paid by bank transfer or through an online payment service specified by ViralPlace, based on a correctly issued VAT invoice from the Creator with a 14-day payment term.
Any additional remuneration for the Creator, beyond that described in § 3(1)-(5), may be in the form of goods or digital content, if the Partner or the Ordering Party decides to provide such additional remuneration. If there is no additional remuneration, ViralPlace shall inform the Creator thereof without delay.
If a given Creator does not have an established business, ViralPlace refers to § 5(8) of the Terms.
The payment date for the remuneration is the date of the debit from the ViralPlace bank account.
The use of the online payment service requires acceptance of the regulations of the given payment service provider.
In order to use the Platform, it is necessary to open a Creator account and an Ordering Party account. ViralPlace shall not be liable for the accuracy of the data provided when opening the Client Account. Registration and the provision of data required in the registration form is voluntary but necessary for the use of the Platform.
ViralPlace undertakes to inform the Creator about the number of licenses sold via the Platform for a given Work.

§ 4 License

Unless otherwise specified in the Order, with the delivery of the Work, the Creator grants ViralPlace a non-exclusive, transferable, time-limited (5 years from the date of uploading the Work to the Platform) right to use the Work created as a result of fulfilling the Order (license), subject to § 4(9)-(11). The license includes the right to use the Work (uploaded on the Platform) in the following fields of exploitation:
1. entering the Work into computer memory for the purpose of preparing advertising banners;
2. entering the Work into server memory for the purpose of making it available on web-based services;
3. making the Work available in such a way that anyone can access it at a time and place of their choosing;
4. incorporating the Work into a multimedia work and/or a collective work;
5. placing the Work on the market, using it in commercial or non-commercial transactions as a designation of an enterprise, trademark, or other distinctive symbol of an enterprise, product, or service;
6. public performance, exhibition, display, playback, and broadcasting and re-broadcasting, as well as making the Work publicly available in such a way that anyone can access it at a place and time of their choice;
7. exhibiting and displaying, as well as broadcasting the Work by visual or audio means, wired or wireless, via a terrestrial station, or via satellite;
8. selling, leasing, renting, gratuitously or for consideration making the Work available, further licensing to third parties, as well as offering to do so;
9. making, and authorizing third parties to make, adaptations, including transformations and alterations of the Work (e.g., digital editing), with the right to reproduce the results of such modifications;
10. registering the Work in Poland or abroad in the Patent Office or another relevant authority as a trademark, industrial design, utility model, invention, or other form of industrial property;
11. placing the Work on a corporate account on the internet, social media portals, in particular on TikTok, Instagram, Facebook, as material for organic promotion—commercial purpose.
The license covers the creation and granting of permission for the exercise of derivative rights and any modifications, translations, adaptations, etc. created on the basis of or using the Work, the right to sublicense, as well as to use such modifications under the fields of exploitation specified in sec. 1.
After the license expires, ViralPlace is entitled to keep the digital file and copies of the Works solely for archival purposes and shall not use them for its business activities.
The Creator consents to making changes, additions, adaptations, or alterations to the Work.
The license described in sec. 1 also includes all subsequent versions of that Work.
The duration of the license is each time specified in the Order form, subject to § 4(1)-(15).
On the date the Work is delivered, the Creator also undertakes not to exercise personal copyright in relation to the Works they have created, i.e., in particular undertakes not to exercise:
1. the moral right to the integrity of the Works and their reliable use,
2. the moral right to decide on the first disclosure of the Works to the public,
3. the moral right to supervise the manner in which the Works are used,
4. the moral right to decide on the first disclosure of the Works to the public,
5. the moral right to be credited as the author of the Works.
The Creator also authorizes the license acquirer of the Work to exercise, on the Creator’s behalf, any personal copyrights to that Work.
This license applies each time (irrespective of the Order) to all fields of exploitation of the Work mentioned in § 4(1), along with the right to sublicense, subject to sec. 10 and 11.
The acquisition of the license from the Creator for the Work, under the principles set out in § 4(1)-(9), is first made by ViralPlace in exchange for the possibility of making the Work available on the Platform for resale (marketplace) to a Partner or the Ordering Party, which satisfies the Creator’s financial claims against ViralPlace on that basis, as these services are provided on an equivalent basis.
ViralPlace may transfer this license (a sublicense) to the Partner or the Ordering Party provided that the Partner or the Ordering Party has paid the remuneration, in accordance with § 3(1)-(9). This exhausts all the Creator’s claims for granting sublicenses and any further sublicenses.
In the event that the Ordering Party obtains the license to the Work under these principles, and that license subsequently expires and is not extended, that entity may continue to use the Work for free for commercial purposes, in particular for marketing, on its social media, except for actively promoting it—for example, there is no obligation to remove a post containing the Work, it can remain in a previous story, etc. (extension of the license for an indefinite period only with respect to that field of exploitation). In other words, in the above situation, the Ordering Party is not required to remove publications containing the Work from its social media after the license has expired and not been extended, so long as the entity’s business is not actively promoted using that Work, or unless the Creator of the Work requests cessation of further dissemination.
ViralPlace is not responsible for any potential infringement of the Creator’s personal and economic (property) copyright by the Ordering Party who acquired the license to a given Work. Nonetheless, ViralPlace will make reasonable efforts to inform the Creator of their rights in the situation described above.
In the event that the Creator brings any claims against ViralPlace on the grounds of intellectual property rights, including copyright, tort, or unfair competition, regarding the Work covered by the Order, the Ordering Party or any other entity using the Work shall take all necessary steps to defend ViralPlace against such claims, including joining any pending judicial or extrajudicial proceedings in place of ViralPlace, and if ViralPlace is obliged to satisfy or does satisfy such justified claims of the Creator, the Ordering Party or any other entity using the Work shall compensate ViralPlace for all damage incurred in connection with such third-party claims and shall reimburse all expenses and costs incurred by ViralPlace in connection with such claims.
In the event that third parties bring any claims against ViralPlace on the grounds of intellectual property rights, including copyright, tort, or unfair competition, in connection with a work covered by the Order, the Ordering Party or, as appropriate, the Creator or any other entity using the Work shall take all necessary steps to defend ViralPlace against such claims, including joining any pending judicial or extrajudicial proceedings in place of ViralPlace. If ViralPlace is obliged to satisfy or does satisfy such justified third-party claims, the Ordering Party or, as appropriate, the Creator or any other entity using the Work shall compensate ViralPlace for all damage incurred in connection with such third-party claims and pay all expenses and costs incurred in connection therewith.
If the Work depicts the image (“wizerunek”) of the Creator, the Creator hereby grants, on terms corresponding to those set forth for the license, permission for its dissemination as part of the remuneration specified in the Order and the Terms.

§ 5 Rules for Using the Platform

The Platform consists of specified functionalities. A description of the functionalities is available at www.viralplace.io. Any change in functionality constitutes a change to the Terms only if these Terms or the Order so provide.
The Creator and the Ordering Party each undertake to use the Platform and its functionalities in a manner compliant with the law. ViralPlace shall not be liable for any breach of this provision by a User. In the event of using the Platform in a manner contrary to the law or good practices, ViralPlace is entitled to cancel the Order, suspend the Creator’s or the Ordering Party’s account, and delete their account.
The Partner or Ordering Party (depending on the Order) undertakes to pay the Creator the remuneration specified in the Order for each Work and to comply with other provisions contained in the Order placed by them.
Payment of the remuneration referred to in sec. 3 is deemed made when the funds are credited to the ViralPlace bank account.
Remuneration is payable in monthly billing periods for the Works received in a given calendar month. Payment is due within 15 days from the receipt by the Partner or the Ordering Party (depending on the Order) of a VAT invoice. The Partner or the Ordering Party (depending on the Order) consents to receiving invoices electronically, to the email address provided at the registration of the Partner’s account.
After obtaining the acceptance of the Partner or Ordering Party, ViralPlace is entitled to use their logo and name during the term of the agreement and after its termination in its advertising, marketing materials, and client portfolio, and during the term of the agreement also in the content of Orders. The format and content of the logo and name shall be provided by the Partner or the Ordering Party in digital form to ViralPlace no later than at the time of the first Order.
In the case of a User who is a Consumer, the Service indicates that there is a service of providing legal personality known as “Bizky Freelance” for a single transaction, along with the possibility of issuing an invoice, available within the group of companies (personally or capital-linked entities) of the Service under the rules specified at https://bizky.ai/#form.
In justified cases, the Service may waive the procedure in § 5(8). (Note: The Polish text states “Serwis może odstąpić od procedury z §5 ust. 8.” The numbering suggests a possible internal reference mismatch, but is left here as-is.)

§ 6 Acceptance of the Work

A completed Work is subject to acceptance by the Partner or the Ordering Party, depending on the Order. The Partner or the Ordering Party (depending on the Order) is entitled to request up to three rounds of revisions to the Work in accordance with the Order, under pain of refusal to accept it.
In the event of an unjustified refusal to accept the Work by the Partner or, as applicable, the Ordering Party, it is deemed that acceptance has taken place and the Creator retains the right to remuneration.
The Creator is entitled to remuneration from the Partner or the Ordering Party for creating the Work and granting the license to it, upon the Partner’s or Ordering Party’s commission via the Platform, in the amount specified in the Order submitted via the Platform.
The Creator’s remuneration referred to in § 6(3) is paid via the Platform, in accordance with the rules set out in § 3(1)-(9).
The remuneration of ViralPlace specified in the Order concluded between ViralPlace and the Partner or the Ordering Party includes the Creator’s remuneration, as well as the ViralPlace commission.
Any funds received from the Partner or the Ordering Party shall first cover ViralPlace’s commission.
If the parties to the Order are Entrepreneurs, the statutory warranty (rękojmia) is excluded under Article 558 §1 of the Polish Civil Code, except for the entity referred to in § 5(8).

§ 7 User Rights and Obligations

The User uses the information made available on the Platform at their own risk.
It is prohibited for the User to post statements that:
1. contain illegal content,
2. are offensive or defamatory, include threats, or are obscene or indecent,
3. are false or misleading,
4. infringe the rights of third parties,
5. spread spam,
6. contain links or advertisements to competitive services,
7. contain viruses or other technologies harmful to the Platform or other Users.
Any User or any person with knowledge of infringements may report them by sending an email to: sales@viralplace.io, indicating the type of infringement and the entity responsible.
The User using the Platform undertakes to respect economic copyrights and rights arising from registration of inventions, patents, trademarks, utility and industrial designs belonging to the Platform and third parties.
The User must not copy, modify, or distribute any content, photos, logos, or other works without the prior consent of the holder of rights. The Platform is not liable for such User actions that are not detected without undue delay after they were made available on the Platform.
Any breach of these rules by a User may be reported by sending an email to: sales@viralplace.io.
Within the Platform, it is prohibited for a User to act in a manner that grossly violates these Terms or applicable law.
The above provisions regarding the User apply accordingly to the Partner and the Ordering Party.

§ 8 Administrator Rights and Obligations

The Administrator takes care to ensure the proper operation of the Service.
The Administrator is not liable for:
1. any misleading content made available by the User,
2. the actions of unauthorized third parties to whom the User has provided access to their email address or other data provided in opening a User Account or placing an Order,
3. any damage caused by the cessation of the provision of services or the cessation of the provision of electronic services by the Platform if it occurred due to the User’s fault or due to a violation of the law or the Terms,
4. interruptions caused by technical changes on the Platform or work intended to improve or modify the Platform,
5. hacker attacks that break security measures of at least a standard level of security,
6. lack of continuity in the provision of the services offered on the Service caused by the actions or omissions of third parties, including telecommunications service providers to the Platform (hosting providers, etc.),
7. natural disasters causing the cessation of the services provided by the Platform or other force majeure (e.g., war),
8. loss or destruction of data collected and stored on the Platform caused by the integration of third parties to whom the User has disclosed any data provided while using the Platform, or by the hacker attacks referred to in point 5),
9. lost profits arising in a manner independent of the Platform,
10. any damage caused in connection with the use by the User of materials available on the Platform.
The Administrator shall not be liable for unlawful actions of the User if it is unaware of the facts or circumstances of such actions.
In the event of clear information of illegal activity on the Platform by a User, the Administrator is entitled to request that the User discontinue such activity without undue delay.
If the User does not comply with the request set out in sec. 4, the Administrator may block the User’s use of the Service for a period of 30 days, which may be extended for further periods.
The Administrator’s liability for damage caused by the improper operation of the Platform or its functionalities is limited to the total amount of remuneration for the preceding two months.
The above provisions regarding the User apply accordingly to the Partner and the Ordering Party.

§ 9 Termination of Use of Services Provided by the Platform

A User who only browses the content made available on the Service does not need to terminate the contract for the provision of services or electronic services in any specific manner.
The Platform may suspend, with immediate effect, the electronic service contract with a User who has established a commercial cooperation with the Platform if:
1. the User posts unlawful content, violating mandatory legal provisions, including provisions on copyright,
2. the User sends unsolicited commercial information,
3. the User seriously or persistently violates the provisions of the Terms, or acts contrary to the purposes and intended use of the Platform,
4. the User insults employees of the Platform, whether or not using words commonly regarded as vulgar,
5. the User violates other provisions of the Terms.
Data regarding Orders placed via the Platform shall be stored for the period required by generally applicable legal provisions.

§ 10 General Provisions Concerning Personal Data

By completing an Order via the Platform and checking the relevant box, the User accepts the Terms and consents to the collection and processing of their personal data in accordance with the Polish Personal Data Protection Act of 10 May 2018 (Journal of Laws 2018, item 1000) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) by the Service Provider, to the extent necessary to perform the provisions of these Terms and the services provided hereunder.
For detailed issues concerning the processing of personal data, the Platform refers to the Privacy and Cookies Policy at [...].
The above provisions apply accordingly to the Partner and the Ordering Party.

§ 11 Complaints

Any complaints should be submitted via email to: sales@viralplace.io.
In the complaint, the User should include:
1. the User’s contact details,
2. the type of malfunctioning of the Platform or other circumstance inconsistent with the Terms or applicable law,
3. the circumstances justifying the complaint,
4. any demanded method of remedying the alleged breach.
The Platform will examine the complaint within 14 days from its submission, indicating whether it recognizes the complaint and how it intends to remedy it, or providing reasons why the complaint is not recognized, together with the rationale for its position.
The principal method for the Platform to settle a complaint is to refund the remuneration for a given Work or the payment made for it in whole or in part.
The response regarding the complaint is sent to the email address provided by the User.
If a complaint is accepted, the Platform will promptly take whatever measures it considers appropriate, within the limits of applicable law, to fulfill the substance of the complaint.
If the Platform does not respond to the User’s complaint within 14 days, the complaint is deemed to have been upheld.

§ 12 Right of Withdrawal from the Contract – Rights for Consumers and Entrepreneur–Consumers

Pursuant to the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020, item 287, as amended in 2021, item 2105, and in 2022, item 2337), a Client who is a Consumer has the right to withdraw from the contract concluded remotely in writing, without giving any reason, within 14 days from the date of delivery of the goods, i.e. from the moment the Client or a third party other than the carrier indicated by the Client takes possession of the goods. It is sufficient to send a statement of withdrawal before the expiry of this 14-day period. A statement may be made using the form provided at [...], which will also be included by the Platform in paper form with the product shipment. The use of this form is optional.
In the case of digital content, the Consumer may withdraw from the contract without demanding the provision of digital content or the digital service if:
1. it is clear from the Platform’s statement or from the circumstances that the Platform will not supply the digital content or service, or
2. the Consumer and the Platform have agreed, or it follows clearly from the circumstances of the contract’s conclusion, that a specific date of supplying the digital content or service was essential for the Consumer, and the Platform has not supplied them by that date.
Pursuant to Article 38 of the Consumer Rights Act, the right of withdrawal from a contract concluded at a distance does not apply to the Consumer or to the Entrepreneur–Consumer in the following situations:
1. for the provision of services, where the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the service began that once the entrepreneur has fulfilled the service, the right to withdraw from the contract is lost;
2. where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the expiration of the withdrawal period;
3. where the subject of the supply is a non-prefabricated item made according to the Consumer’s specification or serving to meet the Consumer’s individualized needs;
4. where the subject of supply is an item that is perishable or has a short shelf life;
5. where the supply is an item delivered in a sealed package which, after opening, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
6. where the subject of supply is an item that, due to its nature, is inseparably combined with other items after delivery;
7. where the subject of supply is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, which can be delivered only after 30 days, and whose value depends on market fluctuations beyond the entrepreneur’s control;
8. where the Consumer expressly requests that the entrepreneur come to them to carry out urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or delivers items other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to those additional services or items;
9. where the subject of supply is audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
10. for the provision of newspapers, periodicals, or magazines, except for subscription contracts;
11. contracts concluded via a public auction;
12. for the supply of digital content not provided on a tangible medium, for which the consumer is obliged to pay a price, if the entrepreneur has started performance with the express and prior consent of the consumer, who was informed before the service began that after the entrepreneur has fully performed it, they lose their right to withdraw from the contract, and who has acknowledged this, and the entrepreneur has provided the consumer with confirmation;
13. for the provision of services for which the Consumer is obliged to pay a price where the Consumer has expressly requested the entrepreneur come to them to carry out a repair, and the service has already been fully performed with the Consumer’s express and prior consent.
In the event of withdrawal from the contract, the Client is obliged to remove the Work and all its copies without undue delay, but no later than 14 days from the date on which they withdrew from the contract.
In the event that the Client exercises the right referred to in sec. 1, the direct costs of returning the goods are borne by the Client.
The Consumer may withhold payment until the Platform has fulfilled its obligations under § 11 of the Terms.
In the event of withdrawal from this contract, the Client shall be refunded all payments received from them without delay, and in any event no later than 14 days from the date on which the Platform was informed of the Client’s decision to withdraw from the contract.
The refund will be made by the Platform using the same payment method used by the Client, unless the Client has expressly agreed otherwise, and in any event the Client shall not incur any fees as a result of this refund.
The Platform may withhold the refund until it has received the returned item (goods) or until it has been provided with proof of its return in connection with the withdrawal, whichever event occurs first.
If a Client who is a Consumer chose a method of delivery of the goods other than the cheapest usual method of delivery offered by the Platform (concerning the initial delivery method to the Client), the Platform is not obliged to reimburse the Client for the additional costs thus incurred.
The Consumer is liable for any diminished value of the item (goods) resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the item.
The provisions applicable to the Consumer in this paragraph also apply to the Entrepreneur–Consumer (pursuant to Article 7aa of the Polish Act of 30 May 2014 on Consumer Rights).
The right of withdrawal from a distance contract set out in this paragraph does not apply to Clients who are not Consumers or Entrepreneur–Consumers.
Furthermore, pursuant to Article 31(2) of the Act of 30 May 2014 on Consumer Rights, if a Consumer or Entrepreneur–Consumer has submitted a declaration of withdrawal from the contract before the Platform has accepted their offer, the offer ceases to be binding.

§ 13 Final Provisions and Description of the Possibility to Use Out-of-Court Complaint and Redress Procedures

The provisions of these Terms are not intended to exclude or limit any rights of a Client who is also a Consumer or Entrepreneur–Consumer that they are entitled to under mandatory provisions of law, in particular Articles 27-43q of the Consumer Rights Act. In the event of any inconsistency between the provisions of these Terms and the above legal provisions, those legal provisions shall prevail.
In matters not regulated by these Terms, the provisions of Polish law shall apply, in particular the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020, item 287, as amended in 2021, item 2105, and in 2022, item 2337) and the Polish Civil Code of 23 April 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
Information regarding the possibility for a Client who is a Consumer to use out-of-court complaint and redress procedures, as well as the rules of access to these procedures, is available in the offices and on the websites of the district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection (UOKiK):
1. http://www.uokik.gov.pl/spory_konsumenckie.php,
2. http://www.uokik.gov.pl/sprawy_indywidualne.php,
3. http://www.uokik.gov.pl/wazne_adresy.php.
4. A Client who is a Consumer has, among others, the following options for out-of-court complaint and redress:
  - a permanent consumer arbitration court operating at the Trade Inspection Authority—the possibility of submitting an application for resolving a dispute arising from a Sales Agreement;
  - the provincial inspector of Trade Inspection—the possibility of submitting an application for mediation in the event of amicable settlement of the dispute between the Client and the Platform;
  - a district (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (among others, the Consumer Federation, the Polish Consumer Association). Advice is provided by the Consumer Federation at the free consumer hotline: 800 007 707 and by the Polish Consumer Association at the email address porady@dlakonsumentow.pl;
  - the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
Any disputes arising between a Client who is not a Consumer or Entrepreneur–Consumer and the Platform shall be resolved by a court having jurisdiction over the Administrator’s registered office.

§ 14 Final Provisions

The Terms are available at:
...
Any attachments mentioned in or following these Terms constitute an integral part hereof.
The Platform may amend the Terms, which may be related to the launch of a new version of services provided under the Service. Such changes, in the form of a communication visible on the Platform, take effect on the date indicated by the Service, which may not be less than 14 days from the time the modified Terms are made available to Users and the User’s acceptance of the new version of the Terms.
The period specified in sec. 3 may not be observed by the Platform if a legal obligation or court ruling requires the Platform to implement a new version of the Terms earlier.
Continued use of the Service after the period specified in sec. 3 signifies the User’s acceptance of the new version of the Terms.
Amendments to the Terms may be made, in principle, for the following reasons:
1. changes in generally applicable laws directly affecting the content of the Terms,
2. the imposition of specific obligations by Polish state authorities or by EU regulations,
3. preventing abuse,
4. security reasons,
5. technological and functional changes,
6. enhancing privacy protection,
7. changes in fees or remuneration,
8. changes in the scope of provided services, including the introduction of new services,
9. editorial modifications, corrections, updated contact data, or changes in terminology or definitions used.
The User’s refusal to accept the amended Terms means the automatic termination of the contract with the Service within 14 days, by a statement containing the User’s personal data sent by the User to the email address sales@viralplace.io.
If the User is an Entrepreneur, any disputes arising from the Terms or contracts shall be resolved primarily amicably by the parties through negotiations or mediation, and failing that, by a common court having jurisdiction over the Platform’s registered office.
The law applicable to the resolution of disputes that may arise concerning these Terms or the use of the Service is Polish law.
These Terms were last modified on February 21, 2024.

Attachments to the Terms:

Information for the Consumer
Form for Withdrawal from the Contract for the Consumer

1. INFORMATION ON THE RIGHT OF WITHDRAWAL – WITHDRAWAL INSTRUCTIONS

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period ends 14 days after the day:
a) on which you acquired physical possession of the goods or on which a third party other than the carrier and indicated by you acquired physical possession of the goods;
b) on which you acquired physical possession of the last of the goods, or on which a third party other than the carrier and indicated by you acquired physical possession of the last of the goods;
c) on which you acquired physical possession of the last batch or piece, or on which a third party other than the carrier and indicated by you acquired physical possession of the last batch or piece;
d) on which you acquired physical possession of the first of the goods, or on which a third party other than the carrier and indicated by you acquired physical possession of the first of the goods.
In the case of digital content or services, the 14-day period ends from the moment payment for the Work is received.
To exercise the right of withdrawal, you must inform the person responsible for carrying out the withdrawal:

Mikołaj Ostrowski, tel. +48 533 517 116, sales@viralplace.io, acting within the Fundacja AIP’s “ViralPlace” Project

of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax, or email).
5. You may use the enclosed model withdrawal form, but it is not mandatory.
6. You may also complete and submit the withdrawal form or any other unequivocal statement electronically on our website [please insert the website address]. If you use this option, we will communicate to you an acknowledgment of receipt of such a withdrawal on a durable medium (for example by email) without delay.
7. In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
8. Effects of Withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received evidence that the Work (and all its copies) has been deleted or until you have supplied evidence of having removed it, whichever is the earliest.
Please delete the Work and all its copies no later than 14 days from the day you communicate your withdrawal from this contract. The deadline is met if you remove the Work and all its copies before the 14-day period has expired.

2. WITHDRAWAL FORM

(Please note this form should be filled in and returned only if you wish to withdraw from the contract. Use of the form is optional.)

To:
Project Viral Place
Mikołaj Ostrowski
ul. ……………..
… – ……… ………………………………………….

Email – sales@viralplace.io, Phone: +48 508 513 592

I/We() hereby inform you of my/our() withdrawal from the contract of sale of the following goods()/the contract for the delivery of the following goods()/the contract for a work consisting in the making of the following items()/for the provision of the following service():

Date of conclusion of the contract()/receipt():

Name(s) and surname(s) of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if the form is submitted on paper):

Date:

(*) Delete as appropriate.