Terms of Use for the ViralPlace platform

(hereinafter referred to as the "Terms of Use")

§ 1. General provisions

These Terms and Conditions define the conditions for the provision of the ViralPlace service. In the event of concluding an individual agreement with the Creator, Partner, or Ordering Party (hereinafter: "Customers" or "Customer" or "User," "Users"), the provisions of which may be modified by the content of the Order.

The joint data controllers are: Fundacja AIP with its registered office at: 03-901 Warsaw, Al. Ks. J. Poniatowskiego 1, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000199402, with NIP 5242495143 (hereinafter referred to as the "Foundation" or "Administrator No. 1") and Mikołaj Ostrowski running a project called ViralPlace (hereinafter referred to as "Administrator No. 2" or "Project"), jointly Administrator No. 1 and Administrator No. 2 referred to as: "Co-administrators", "we" or "us".

As part of the AIP Foundation, Administrator No. 2 runs a project called ViralPlace (hereinafter: "Platform," "ViralPlace," "Administrator," "Service Provider," "Website").

ViralPlace enables Creators to place works on the Platform at the request of a Partner or Ordering Party, for a fee specified in the Order.

Terms used in these Terms and Conditions

• Working days – days of the week from Monday to Friday, excluding public holidays.
• Functionality – the ability of digital content, a digital service, or goods to perform their functions, taking into account their intended use.
• Integration – the connection of digital content or a digital service with elements of the Consumer's digital environment and their integration into those elements in order to ensure compliance with the contract for the supply of digital content or a digital service.
• Interoperability – the ability of digital content, digital services, or goods to interact with computer hardware or software other than those typically used to use digital content, digital services, or goods of the same type.
• Compatibility – the ability of digital content, digital services, or goods to interact with computer hardware or software that is typically used to use digital content, digital services, or goods of the same type, without the need for conversion.
• Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity, who may also be the Creator and/or User.
• Customer Account – a field containing data on transactions carried out and an instrument used to fulfill Orders by Users.
• Partner – an entity that has previously entered into a permanent cooperation agreement with ViralPlace and directs Users to ViralPlace.
• Platform – the ViralPlace platform enabling the placement of works on the basis of an Order.
• Cookies – short text files containing IT data used to browse the Platform's content, stored on the User's end device.
• Digital Product – a graphic digital file in audio, video, or audiovisual format constituting digital content, i.e., data produced and delivered in digital form.
• Entrepreneur – a natural person, legal person or entity without legal personality, performing a legal action on their own behalf as part of their business or professional activity, including entering into contracts with the Platform for purposes directly related to their business activity, when the use of the Platform, including the purchase of a license through the Platform, is of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register of Information on Economic Activity.
• Entrepreneur-Consumer – a natural person, including one who acquires a license through the Platform for purposes directly related to their business activity, when the use of the Platform, including the acquisition of a license through the Platform, is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register of Business Activity Information.
• Terms and Conditions – this document, specifying the terms and conditions of use of the Platform.
• Registration – voluntary provision of data by the User by completing the form available on the Platform.
• Digital environment – computer hardware, software, and network connections used by the Consumer to access or use digital content or digital services.
• Creator – an entity providing digital content to the Administrator by means of electronic communication, containing Works.
• Device – a computer, smartphone, or other technical means requiring the minimum technical requirements specified in the Terms and Conditions, necessary for the User to use the Platform.
• Digital service – a service allowing the Consumer to:
  • share digital data that has been sent or created by the Consumer or other Users,
  • create, process, store, or access digital data,
  • create, process, store, or access digital data,
• Work – promotional films, usually short films, which may constitute a work within the meaning of the Act on Copyright and Related Rights.
• User – any adult natural person with full legal capacity who uses the Platform.
• Ordering Party – an entity ordering the delivery and obtaining a license for a Work through the Platform, which may be referred to the Platform by a Partner or learn about the Platform independently of the Partner.
• Order – an order for the delivery of a Work together with a license to it by the Creator via the Platform to the Partner or the Ordering Party, as well as an order for the sale of 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 Website, the User should have:

• a device capable of transmitting telecommunications data;
• enabled acceptance of cookies and Javascript;
• access to the Internet;
• an email address.

The Administrator collects information contained in cookies, which are text files containing the identifier of the Device used by the User.

The User decides on the use of cookies. Web browsers often have the option of installing these files on the User's end device set by default, but the User can change these settings at any time.

The Administrator informs that disabling the use of cookies by the User may affect the functionality available on the Website.

Detailed information on cookies is contained in the privacy and cookie policy, available at https://viralplace.io/privacy-policy, which forms an integral part of these Terms and Conditions.

§ 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 or Ordering Party account, unless the User is using the Platform on the recommendation of a Partner.
• Creator accounts may have different levels depending on the length of service on the Platform or the turnover of a given creator on the Platform.
• For the performance of the Work, the Creator is entitled to the remuneration specified in the Order, provided that the Work is accepted by the Ordering Party or Partner and the remuneration for it is paid.
• The remuneration is payable monthly, in arrears, for all Works created by the Creator and accepted by the Partner or the Ordering Party in a given month – no later than on the 15th day of the following month, unless otherwise specified in the Order.
• The Creator's remuneration shall be paid by bank transfer or via an online payment service specified by ViralPlace on the basis of a correctly issued VAT invoice by the Creator with a 14-day payment term.
• Any additional remuneration for the Creator, other than that described in § 3 sections 1–5, may be in the form of goods or digital content, if the Partner or Ordering Party decides to provide additional remuneration in this form. In the absence of any additional remuneration, ViralPlace shall inform the Creator thereof immediately.
• If the Creator does not have a registered business, ViralPlace refers to § 5(8) of the Terms and Conditions.
• The date of payment of the remuneration is the date on which ViralPlace's bank account is debited.
• The use of the online payment service requires acceptance of the terms and conditions of the respective operator.
• In order to use the Platform, it is necessary to create a Creator and Ordering Party account. ViralPlace is not responsible for the accuracy of the data provided when creating a Customer Account. Registration and providing the data required in the registration form is voluntary, but necessary to use the Platform.
• ViralPlace undertakes to inform the Creator about the number of licenses for a given Work sold through the Platform.

§ 4. License

Unless otherwise specified in the Order, the Creator grants ViralPlace a non-exclusive and transferable right, limited to 5 years from the date of placing the Work on the Platform, to use the Work created as a result of the performance of the Order (license) upon delivery of the Work, subject to § 4 sections 9–11. The license covers the use of the Work placed on the Platform in the following fields of exploitation:

• loading into computer memory for the purpose of preparing advertising banners;
• entering into the server memory for the purpose of making it available on websites;
• making the Work available in such a way that anyone can access it at any time and place;
• incorporating the Work into a multimedia work and/or collective work;
• placing the Work on the market, using it in commercial or non-commercial transactions as a company name, trademark, or other distinctive symbol of a company, product, or service;
• public performance, exhibition, display, reproduction, broadcasting, and rebroadcasting, as well as making the Work publicly available in such a way that anyone can access it at a place and time of their choosing;
• exhibition and display, as well as broadcasting by means of wired or wireless vision or sound by a terrestrial station or broadcasting via satellite;
• sale, rental, lease, making available for a fee or free of charge, further licensing of the Work to third parties, as well as making offers in this regard;
• performing and allowing third parties to perform adaptations, including reworkings and adaptations of the Work, performing adaptations, arrangements, adjustments, layout changes, or any other modifications or changes (e.g., in the field of digital processing), with the right to reproduce the results of such modifications;
• registering the Work in Poland or abroad with the Patent Office or other competent authority as a trademark, industrial design, utility model, invention, or other industrial property;
• placement of the Work on a company account on the Internet, on social media portals, in particular on: TikTok, Instagram, Facebook, as material for organic promotion – commercial purpose.

Additional license rules:

• The license covers the creation, granting of permission to exercise derivative rights and any modifications, translations, adaptations, etc. created on the basis of or using the Work, the right to sublicense, as well as the use thereof in the fields of exploitation specified above.
• After the expiration of the license, ViralPlace is entitled to store the digital file and copies of the Works solely for archival purposes and will not use them in its activities.
• The Creator agrees to changes, additions, adaptations, or modifications to the Work.
• The license also covers all subsequent versions of the Work.
• The term of the license is specified each time in the Order form, subject to § 4 sections 1–15.
• The Creator agrees to the use of the Work by ViralPlace, Partners, and Ordering Parties without attribution, as well as to modifications, alterations, and adaptations of the Work. The Creator confirms that they consent to the use of the Work within the above scope to the extent permitted by law.
• The Creator also authorizes the purchaser of the license to the Work to exercise the personal copyrights to the Work on his behalf.
• This license applies in each case (regardless of the Order) to all fields of exploitation of the Work referred to in § 4(1), together with the right to sublicense, the latter being granted subject to paragraphs 10 and 11.
• The acquisition of a license from the Creator for the Work, on the terms specified in § 4 sections 1–9, shall first be made in favor of ViralPlace, in exchange for the possibility of making the Work available on the Platform for further sale (marketplace) to the Partner or the Ordering Party, which exhausts the Creator's financial claims against ViralPlace on the above account due to the equivalence of the said services.
• ViralPlace may transfer this license (sublicense) to the Partner or the Ordering Party, provided that the Partner or the Ordering Party pays the remuneration in accordance with the rules of § 3 sections 1–9, which exhausts all claims of the Creator for granting the sublicense and any further sublicenses.
• If the Ordering Party obtains a license to the Work under these terms and conditions, and then the license expires and is not renewed, the Ordering Party may continue to use the Work free of charge for commercial purposes, in particular for marketing purposes, on its social media, but excluding its promotion – for example, there is no need to delete a post with the Work, it can be left on the old account, etc. (extension of the license for an indefinite period only for this field of exploitation). The above applies unless the activities are actively promoted using the Work or the Creator requests that further distribution be discontinued.
• ViralPlace shall not be liable for any infringement of the Creator's moral and economic rights by the Ordering Party who has acquired a license for a given Work. Nevertheless, ViralPlace shall make reasonable efforts to inform the Creator of his rights in connection with the situation described above.
• In the event that the Creator brings any claims against ViralPlace in the field of intellectual property rights, including copyrights, tort or unfair competition in connection with the Work covered by the Order, the Ordering Party or another entity using the Work shall take all necessary steps to defend ViralPlace against such claims, including joining pending court and out-of-court proceedings in place of ViralPlace, and if ViralPlace is obliged to satisfy the Creator's justified claims, or satisfies such justified claims, the Ordering Party or another entity using the Work shall compensate ViralPlace for any damages incurred and shall pay ViralPlace all related expenses and costs.
• In the event of any claims by third parties against ViralPlace in the field of intellectual property rights, including copyrights, tort or unfair competition in connection with the Work covered by the Order, the Ordering Party or, respectively, the Creator or another entity using the Work shall take all necessary steps to defend ViralPlace against such claims, including joining pending court and out-of-court proceedings in place of ViralPlace, and if ViralPlace is obliged to satisfy justified claims of third parties, or satisfies such justified claims, the Ordering Party or, respectively, the Creator or another entity using the Work, shall compensate ViralPlace for any damages incurred and shall pay ViralPlace all related expenses and costs.
• If the image of the Creator has been immortalized in the Work, the Creator hereby grants permission for its distribution under the terms of the license in exchange for the remuneration specified in the Order and the Terms and Conditions.

§ 5. Rules of operation within the Platform

• The Platform consists of specific functionalities. A description of the functionalities can be found at www.viralplace.io. A change in functionality constitutes a change in the Terms and Conditions if the Terms and Conditions or the Order so provide.
• The Creator and the Ordering Party undertake to use the Platform and its functionalities for activities that comply with the law. ViralPlace's liability for any violation of the above provision by the User is excluded. In the event of using the Platform in a manner contrary to the law or good manners, ViralPlace is entitled to cancel the Order, suspend the Creator's or Ordering Party's account, and delete the Creator's or Ordering Party's account.
• The Partner or Ordering Party (depending on the Order) undertakes to pay the Creator the remuneration specified in the Order for each of the Works and to comply with other provisions contained in the Order placed by them.
• The moment of payment of the remuneration referred to above is the moment when the transfer is credited to the ViralPlace bank account.
• The remuneration is payable for monthly settlement periods covering the Works received in a given calendar month. The remuneration is payable within 15 days of receipt of the VAT invoice by the Partner or the Ordering Party (depending on the Order). The Partner or the Ordering Party agrees to receive invoices electronically to the email address provided when registering the Partner's account.
• After obtaining the consent of the Partner or the Ordering Party, ViralPlace is entitled to use their logo and name during the term of the agreement and after its termination in its advertising and marketing materials, customer portfolio, and during the term of the agreement also in the content of Orders. The format and content of the logo and name will be provided by the Partner or the Ordering Party in digital form to ViralPlace at the latest with the first Order.
• In the case of a User who is a Consumer, the Website indicates that there is a service for providing legal personality known as "Bizky Freelance" for the purposes of a single transaction, together with the possibility of invoicing available within the capital group (personal and capital ties) of the Website on the terms specified at https://bizky.ai/#form.
• In justified cases, the Website may deviate from the procedure specified in § 5(8).
• The Creator declares that they hold all copyrights and related rights to the Works submitted and that these Works do not infringe the rights of third parties. In the event of claims by third parties, the Creator undertakes to release ViralPlace from liability and to cover any damages incurred by ViralPlace in this respect.

§ 6. Acceptance of the Work

• The created 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) are entitled to request corrections to the Work three times in accordance with the Order, under pain of refusal to accept it.
• In the event of an unjustified refusal to accept the Work on the part of the Partner or the Ordering Party, respectively, it shall be assumed that acceptance has taken place and the Creator retains the right to remuneration.
• The Creator shall be entitled to remuneration from the Partner or the Ordering Party for creating the Work and granting a license to it at the request of the Partner or the Ordering Party in the amount specified in the Order placed via the Platform.
• The Creator's remuneration referred to in § 6(3) shall be paid via the Platform in accordance with the rules set out in § 3(1)–(9).
• The remuneration of ViralPlace specified in the Order agreed between ViralPlace and the Partner or the Ordering Party includes the Creator's remuneration and ViralPlace's commission.
• All funds received from the Partner or the Ordering Party shall first cover ViralPlace's remuneration.
• If the parties to the Order are Entrepreneurs, the warranty is excluded in accordance with Article 558 § 1 of the Civil Code, with the exception of the entity referred to in § 5(8).
• Remuneration shall be paid only after all formal requirements have been met, in particular after delivery of a correctly issued VAT invoice. ViralPlace reserves the right to deduct an amount corresponding to the value of justified complaints or claims made against the Creator in connection with the performance of the Work.

§ 7. Rights and obligations of the User

• The User uses the information published on the Platform at their own risk.
• It is prohibited for the User to post statements:
  • containing illegal content;
  • that are abusive or defamatory, contain threats or obscene or indecent content;
  • false or misleading;
  • that infringe the rights of third parties;
  • spreading spam;
  • containing links and advertisements for competing services;
  • contain viruses or other technologies that are harmful to the Platform and other Users.
• The User or any person with knowledge of violations of rights may report them by sending an email to sales@viralplace.io, indicating the type of violation and the entity that committed it.
• Users of the Platform undertake to respect copyrights and rights arising from the registration of inventions, patents, trademarks, utility models, and industrial designs of the Platform and third parties.
• The User may not copy, modify, or distribute content, photos, logos, or works without the prior consent of the entitled person. The Platform is not responsible for the above-mentioned actions of the User that were not detected without undue delay after they were made available on the Platform.
• Violations of the rules by the User may be reported by sending an email to: sales@viralplace.io
• Within the Platform, any User activity that grossly violates the provisions of the Terms and Conditions or applicable law is prohibited.
• The above provisions concerning the User apply accordingly to the Partner and the Ordering Party.

§ 8. Rights and obligations of the Administrator

The Administrator shall ensure the proper functioning of the Website. The Administrator shall not be liable for:

• any misleading content provided by the User;
• actions of unauthorized third parties to whom the User has provided access to their email address and other data provided when creating a User Account or placing an Order;
• any damage resulting from the discontinuation of services or the discontinuation of electronic services by the Platform, if this was caused by the User's fault or due to a violation of the law or the Terms and Conditions;
• interruptions caused by technical changes on the Platform, work aimed at improving or modifying the Platform;
• hacker attacks involving the breach of security measures of at least a standard level of security;
• discontinuity of the services offered on the Website caused by the actions or omissions of third parties, including those providing telecommunications services to the Platform (hosting providers, etc.);
• natural disasters resulting in the cessation of services provided by the Platform and other types of force majeure, such as war;
• loss or destruction of data collected and stored on the Platform caused by the integration of third parties to whom the User has made available the data provided by the User while using the Platform, or by hacker attacks referred to above;
• lost financial benefits arising independently of the Platform;
• any damage arising in connection with the User's use of materials available on the Platform.

Additional provisions:

• The Administrator shall not be liable for any unlawful actions of the User if it is not aware of the facts and circumstances of such actions.
• If the Administrator obtains unequivocal information about unlawful actions by the User on the Platform, the Administrator is entitled to request that such actions be discontinued without undue delay.
• If the User fails to comply with the request specified above, the Administrator may block the User's use of the Website for a period of 30 days, with the possibility of extending it for further periods.
• The Administrator shall be liable for damages caused by the malfunctioning of the Platform or its functionality up to the total amount of remuneration for the preceding 2 months.
• The above provisions concerning the User apply accordingly to the Partner and the Ordering Party.

§ 9. Termination of use of the services provided by the Platform

• A User who only browses the content available on the Website does not have to terminate the contract for the provision of services or the contract for the provision of electronic services in any way.
• The Platform may immediately suspend the agreement for the provision of electronic services in relation to a User who has established commercial cooperation with the Platform if:
  • the User posts illegal content that violates mandatory provisions of law, including copyright regulations;
  • the User sends unsolicited commercial information;
  • the User grossly or persistently violates the provisions of the Terms and Conditions or takes actions contrary to the objectives and purpose of the Platform;
  • the User insults Platform employees, whether or not using words commonly considered vulgar;
  • the User violates other provisions of the Terms and Conditions.
• Data relating to Orders placed via the Platform will be stored for the period required by generally applicable law.

§ 10. General provisions regarding personal data

By completing an Order via the Platform and ticking the box, the User accepts the terms and conditions of the Regulations and consents to the collection and processing of their personal data in accordance with the Act of May 10, 2018, on the protection of personal data (Journal of Laws of 2018, item 1000) and Regulation (EU) 2016/679 (GDPR) by the service provider to the extent necessary to implement the provisions of these Terms and Conditions and the services provided on their basis.

For specific issues regarding the processing of personal data, the Platform refers to the Privacy Policy and Cookies Policy at …

The above provisions apply accordingly to the Partner and the Ordering Party.

§ 11. Complaints

All complaints should be submitted to the following email address: sales@viralplace.io

In the content of the complaint, the User should include:

• the User's contact details;
• the type of malfunction of the Platform or other circumstances inconsistent with the Terms and Conditions or generally applicable law;
• circumstances justifying the complaint;
• the desired method of remedying the alleged violation.

Handling of complaints:

• The Platform shall consider complaints within 14 days of their submission, indicating whether it accepts the complaint and how it intends to resolve it, or informing the User that there are no grounds for accepting the complaint, together with a justification of its position.
• The main way in which the Platform considers complaints is by refunding the remuneration for a given Work or the payment made for it, in whole or in part.
• The response to the complaint shall be sent to the e-mail address provided by the User.
• If the complaint is accepted, the Platform shall immediately take the measures it deems appropriate within the limits of generally applicable law in order to implement its content.
• Failure to receive a response from the Platform to a complaint submitted by the User within 14 days shall be tantamount to its acceptance.

§ 12. Withdrawal from the contract — rights of the Consumer and the Business Consumer

• In accordance with the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287, of 2021, item 2105, and of 2022, item 2337) a Customer who is a consumer has the right to withdraw from the contract in writing without giving any reason within 14 days from the date of delivery of the goods, i.e. from the moment when the Customer came into possession of the goods or when a third party other than the carrier indicated by the Customer came into possession of the goods. To meet the fourteen-day deadline it is sufficient to send a statement of withdrawal before its expiry. The statement may be submitted on the form, a template of which is available at … and will be attached by the Platform in paper form to the product shipment. Use of this form is optional.
• In the case of digital content, the Consumer may withdraw from the contract without requesting the delivery of digital content or a digital service if:
  • it is clear from the Platform's statement or circumstances that the Platform will not deliver the digital content or digital service, or;
  • the Consumer and the Platform have agreed or it is clear from the circumstances of the conclusion of the contract that a specific delivery date for the digital content or digital service was of significant importance to the Consumer, and the Platform has not delivered them within that date.
• Pursuant to Article 38 of the Consumer Rights Act, the right to withdraw from a distance contract is not available to the Consumer and the Entrepreneur-Consumer in the following cases (non-exhaustive list):
  • full performance of services with the express consent of the consumer;
  • price/remuneration depends on financial market fluctuations;
  • non-prefabricated item made to the consumer’s specification;
  • perishable goods or with short shelf life;
  • sealed items not suitable for return for health/hygiene reasons once opened;
  • items inseparably connected with other items after delivery;
  • alcoholic beverages with deferred delivery and value dependent on market fluctuations;
  • urgent repair/maintenance requested by the consumer (with limits as described by law);
  • sealed audio/visual recordings or computer programs after opening; newspapers/periodicals (except subscriptions);
  • public auction;
  • accommodation (non-residential), transport of goods, car rental, catering, leisure/entertainment/sport/cultural services with specified date;
  • supply of digital content not on a tangible medium for which the consumer pays, where performance began with prior express consent and acknowledgment of withdrawal right loss, and confirmation provided;
  • services for which the consumer pays where the consumer expressly requested the entrepreneur to come for repair and the service was fully performed with prior express consent.
• In the event of withdrawal from the contract, the Customer is obliged to remove the Work and all copies thereof immediately, but no later than 14 days from the date on which they withdrew from the contract.
• If the Customer exercises the right referred to above, the direct costs of returning the goods shall be borne by the Customer.
• The consumer may withhold payment of the price until the Platform has fulfilled its obligations under § 11 of the Terms and Conditions.
• In the event of withdrawal, all payments received from the Customer shall be refunded immediately, and in any case no later than 14 days from the date on which the Platform was informed of the decision to withdraw.
• Refunds will be made using the same means of payment unless the Customer expressly agrees otherwise and incurs no fees.
• The Platform may withhold the refund until it receives the returned goods (items) or proof of their return, whichever occurs first.
• If a Consumer chose a delivery method more expensive than the cheapest standard method offered by the Platform, the additional cost is not refunded.
• The Consumer is liable for any reduction in value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
• Provisions concerning the Consumer apply to the Entrepreneur-Consumer (Article 7aa of the Consumer Rights Act).
• The right to withdraw from a distance contract in this paragraph does not apply to a Customer who is neither a Consumer nor an Entrepreneur-Consumer.
• Under Article 31(2) of the Consumer Rights Act, if a Consumer or Business Consumer submitted a declaration of withdrawal before the Platform accepted the offer, the offer ceases to be binding.
• The right of withdrawal does not apply to digital content delivered immediately (e.g., download or streaming). By agreeing to commence the service during the withdrawal period and acknowledging the loss of the right of withdrawal, the Consumer accepts the commencement of the service within the meaning of Article 38(13) of the Consumer Rights Act.

§ 13. Final provisions and out-of-court dispute resolution

• The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer or a Business Consumer under mandatory provisions of law, including in particular Articles 27–43q of the Consumer Rights Act. In the event of inconsistency, the statutory provisions prevail.
• In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, including in particular the Act of May 30, 2014, on consumer rights and the Act of April 23, 1964 – Civil Code.
• Information on out-of-court complaint and redress mechanisms (addresses and rules) is available from local consumer ombudsmen, consumer organizations, Provincial Inspectorates of Trade Inspection, and at the Office of Competition and Consumer Protection websites:
  • https://www.uokik.gov.pl/spory_konsumenckie.php
  • https://www.uokik.gov.pl/sprawy_indywidualne.php
  • https://www.uokik.gov.pl/wazne_adresy.php
• A consumer may in particular use:
  • a permanent consumer arbitration court at the Trade Inspection;
  • a provincial inspector of the Trade Inspection (mediation request);
  • a district (municipal) consumer ombudsman or consumer NGOs (e.g., Consumer Federation – free hotline 800 007 707; Association of Polish Consumers – porady@dlakonsumentow.pl).
  • the ODR platform: https://ec.europa.eu/consumers/odr/
• Any disputes arising between a Customer who is not a Consumer or an Entrepreneur-Consumer and the Platform shall be settled by the court having jurisdiction over the Administrator's registered office.

§ 14. Final provisions

• The Terms and Conditions are available at: https://viralplace.io/pl/terms-of-use
• In matters not covered by these Terms and Conditions, Polish law shall apply. Any disputes arising from the use of the Platform shall be settled by the court competent for the Administrator's registered office no. 1.
• The Terms and Conditions form an integral part of the agreement concluded by the User with the Website.
• Changes to the Terms and Conditions shall be communicated to Users at least 14 days before they come into force. Use of the Platform after this date shall constitute acceptance of the new provisions.
• Any attachments mentioned in or below the Terms and Conditions form an integral part thereof.
• The Platform may amend the Terms and Conditions, which may involve the launch of a new version of the services provided within the Website. Such a change, in the form of a message visible on the Platform, shall become effective on the date specified by the Website, which may not be less than 14 days from the date of making the modified Terms and Conditions available to Users and the acceptance of this version by the User.
• The deadline specified above may not be met if a legal obligation or court ruling requires faster implementation.
• Use of the Website after the period specified shall constitute acceptance by the User of the new version of the Terms and Conditions.
• The Terms and Conditions may be amended for, among others, the following reasons: changes in law, obligations imposed by authorities or EU regulations, counteracting abuse, security, technological/functional changes, privacy improvements, fee/remuneration changes, changes in scope of services (including new services), editorial modifications/corrections/contact details, including changes to names or definitions.
• Refusal to accept the amended Terms and Conditions results in automatic termination of the agreement with the Website within 14 days by sending a statement containing the User's personal data to sales@viralplace.io.
• If the User is an Entrepreneur, disputes shall first be resolved amicably (negotiation or mediation), and failing that, by a common court competent for the Platform’s seat.
• The law applicable to dispute resolution connected with these Terms and use of the Website is Polish law.
• Last modified: February 21, 2024.

Appendices to the Terms and Conditions

• Consumer Information
• Contract withdrawal form for Consumers

INFORMATION ON THE RIGHT TO WITHDRAW FROM THE AGREEMENT

– INSTRUCTIONS ON WITHDRAWAL FROM THE AGREEMENT

Right to withdraw from the contract

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires after 14 days from the date on which:
a) you came into possession of the goods or a third party other than the carrier and indicated by you came into possession of the goods;
b) you acquired the last of the goods or a third party other than the carrier and indicated by you acquired the last of the goods;
c) you took possession of the last batch or part, or a third party other than the carrier and indicated by you took possession of the last batch or part;
d) you took possession of the first of the goods or a third party other than the carrier and indicated by you took possession of the first of the goods.

In the case of digital content or services, the 14-day period expires from the moment of receipt of payment for the Work.

To exercise your right of withdrawal, inform:

Mikołaj Ostrowski, tel. +48 533 517 116, sales@viralplace.io, acting within the framework of the AIP Foundation's project called "ViralPlace", of your decision to withdraw from this contract by means of an unequivocal statement. (The statement may be sent, for example, by post, fax, or email).

You may use the model withdrawal form, but this is not mandatory.

You can also fill in and submit the withdrawal form or any other unequivocal statement electronically on our website [please insert website address]. If you choose this option, we will immediately send you confirmation of receipt of the withdrawal information on a durable medium (e.g., email).

To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed of your decision to withdraw.

We will make the refund using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees in connection with this refund.

We may withhold the refund until we receive confirmation that the Work and all its parts have been deleted or until you provide us with proof of deletion, whichever occurs first.

Please delete the Work and all copies thereof no later than 14 days from the date on which you notified us of your withdrawal from this agreement. The deadline is met if you delete the Work and all copies thereof before the 14-day period expires.

WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract. Use of the form is optional.

Addressee:
Viral Place Project
Mikołaj Ostrowski
ul. Al. Ks. Poniatowskiego 1, 03-901 Warsaw

E-mail: sales@viralplace.io    Phone: +48 533 517 116

I/We() hereby inform() of my/our withdrawal from the contract of sale of the following goods() / the contract of delivery of the following goods() / the contract for the performance of the following work() / the provision of the following service():
………………………………………………………………………………………………………………

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

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

Address of the consumer(s): ………………………………………………………………………

Signature of the consumer(s) (only if the form is sent in paper form): ………………………

Date: …………………………

(*) Delete as appropriate.