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Terms and Conditions for the Use of the ViralPlace Platform

(hereinafter referred to as the “Terms and Conditions”)

§ 1. General Provisions

These Terms and Conditions define the rules for the provision of services by ViralPlace. ViralPlace enables Clients to commission, via ViralPlace, the preparation of Works, for remuneration specified in an Order.

The joint controllers of personal data are: Fundacja AIP, with its registered office at 03-901 Warsaw, Al. Ks. J. Poniatowskiego 1, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000199402, NIP 5242495143 (hereinafter referred to as the “Foundation” or “Controller No. 1”), and Mikołaj Ostrowski, conducting the project under the name ViralPlace (hereinafter referred to as “Controller No. 2” or the “Project”). Jointly, Controller No. 1 and Controller No. 2 are referred to as the “Joint Controllers”, “we” or “us”.

Within the framework of the AIP Foundation, Controller No. 2 operates the project under the name ViralPlace (hereinafter referred to as the “Platform”, “ViralPlace”, the “Administrator”, the “Service Provider” or the “Service”).

These Terms and Conditions constitute the sole legal basis for cooperation between ViralPlace and Clients, unless the Joint Controllers decide otherwise in writing. Acceptance of the Terms and Conditions is equivalent to entering into a binding agreement.

ViralPlace provides an organizational and coordination service (concierge), consisting in enabling Clients to access Works and in intermediating the granting of sublicenses. ViralPlace does not participate in the selection of the manner, place, or context of the Client’s use of Works.

The Platform is intended, as a rule, for entrepreneurs (business entities). In exceptional cases, ViralPlace may enable the use of the Platform by persons not conducting business activity under separate terms agreed individually and outside these Terms and Conditions.

Definitions

§ 2. Technical Requirements for Using the Platform

In order to use the Service, the Client must have:

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

The Client decides whether to use Cookies. Web browsers usually allow Cookies by default, and the Client may change these settings at any time.

The Administrator informs that disabling Cookies may affect the functionalities available on the Service.

Detailed information regarding Cookies is included in the Privacy and Cookies Policy available at:
https://viralplace.io/privacy-policy
which constitutes an integral part of these Terms and Conditions.

§ 3. Platform Accounts

  1. Using the Platform requires the Client to create a Client Account. Registration and the provision of data required in the registration form are voluntary, but necessary to use the Platform.

  2. The Client is obliged to provide true and up-to-date data and to keep such data updated.

  3. The Client bears full responsibility for any actions taken using the Client Account.

  4. One Client may hold only one Client Account unless ViralPlace decides otherwise.

§ 4. Placing Orders and Entering into an Agreement

  1. The Client may place Orders via the Platform.

  2. Submitting an Order constitutes an offer to enter into an agreement with ViralPlace.

  3. The agreement between the Client and ViralPlace is concluded upon confirmation of the Order by the Platform.

  4. Orders are fulfilled in an automated or semi-automated manner.

  5. The Client may choose a Creator from among the proposals presented by ViralPlace. The presentation of proposals is informational and organizational in nature and does not mean that ViralPlace influences the manner, context, or scope of the Client’s use of the Work.

  6. The Client is not entitled to direct contact with the Creators of Works.

§ 5. Remuneration and Payments

  1. Prices for Works are provided within the Platform.

  2. The Client is obliged to pay remuneration in advance unless the Platform provides otherwise.

  3. Payments are made via payment operators indicated by ViralPlace or via bank transfer based on an invoice.

  4. Failure to pay results in the Order not being fulfilled.

  5. ViralPlace may issue a VAT invoice in accordance with applicable regulations.

§ 6. Fulfillment of Orders

  1. ViralPlace fulfills Orders with due care.

  2. Fulfillment deadlines are indicative unless expressly stated otherwise.

  3. ViralPlace does not guarantee the achievement of any specific marketing, sales, or business results.

  4. The Client acknowledges that the effectiveness of Works depends on many factors beyond ViralPlace’s control.

§ 7. Sublicense and Use of Works

  1. Upon making the Work available, ViralPlace grants the Client a non-exclusive sublicense to use the Work.

  2. The sublicense is granted only to the extent and on the terms set forth in these Terms and Conditions and the Order.

  3. The Client is entitled to use the Work solely within the scope of the Client’s own business activity.

  4. The Client is not entitled to further sublicense, resell, or make the Work available to third parties.

  5. The Client does not acquire economic copyrights to the Work.

  6. The Client bears sole responsibility for the manner, scope, context, and legal compliance of the use of Works.

  7. The Client undertakes to use Works in accordance with applicable law and the terms of external platforms.

  8. ViralPlace may revoke the sublicense with immediate effect in the event of a breach of these Terms and Conditions.

  9. The Client acknowledges that ViralPlace is not the end user of Works and is not liable for the Client’s actual use thereof.

§ 8. Use of Works for ViralPlace Promotional Purposes

The Client consents to ViralPlace using Works created under Orders for ViralPlace’s promotional, marketing, and presentation purposes, including as part of ViralPlace’s portfolio, case studies, sales materials, sales presentations, and marketing communications, for a period of 5 years from the date of fulfillment of the Order, unless the Order provides otherwise.

§ 9. Rules of Operation within the Platform

  1. The Platform consists of specific functionalities, the description of which is available at:
    https://www.viralplace.io. A change in functionality constitutes an amendment to these Terms and Conditions if so specified in these Terms and Conditions or the Order.

  2. The Client undertakes to use the Platform and its functionalities in accordance with applicable law and these Terms and Conditions. ViralPlace is not liable for the consequences of the Client’s breach of these Terms and Conditions. In the event of unlawful or improper use, ViralPlace is entitled to cancel an Order, suspend the Client Account, or delete the Client Account.

§ 10. ViralPlace Liability

  1. ViralPlace’s liability towards the Client is limited to the amount of remuneration paid for the given Order.

  2. ViralPlace is not liable for the Client’s lost profits.

  3. Warranty liability is excluded to the broadest extent permitted by law.

§ 11. Client Liability and Indemnification

  1. The Client bears sole responsibility for infringements of third-party rights resulting from the Client’s use of Works.

  2. The Client undertakes to indemnify and hold ViralPlace harmless and to cover any claims, damages, penalties, compensation, and costs (including legal fees) resulting from the Client’s breach of these Terms and Conditions, sublicense terms, or applicable law.

  3. If any third-party claims are asserted against ViralPlace in connection with the Client’s actions, the Client undertakes to join the proceedings on ViralPlace’s side without delay and reimburse ViralPlace for any costs incurred.

§ 12. Rights and Obligations of the Administrator

  1. The Administrator ensures proper operation of the Service.

  2. The Administrator shall not be liable for:

    • misleading content provided by the Client or third parties;
    • actions of unauthorized third parties to whom the Client provided access to their email address and other data used to create the Client Account or place an Order;
    • damages arising from discontinuation of services or electronic services due to the Client’s fault or due to violation of law or these Terms and Conditions;
    • interruptions caused by technical changes or maintenance;
    • hacker attacks involving a breach of security at least at a standard level;
    • lack of continuity of services caused by third parties (including telecom providers, hosting providers, etc.);
    • force majeure events such as natural disasters or war;
    • loss or destruction of data caused by integration with third-party services to which the Client granted access or by hacker attacks referred to above;
    • lost profits arising independently of the Platform;
    • damages related to the Client’s use of materials available on the Platform.

  3. The above exclusions do not apply where such exclusion is not permitted under mandatory provisions of law.

  4. The Administrator shall not be liable for unlawful actions of the Client if the Administrator has no knowledge of the relevant facts and circumstances.

  5. Upon obtaining reliable information about unlawful actions on the Platform, the Administrator may request their cessation without undue delay.

  6. If the Client fails to comply with such request, the Administrator may block the Client’s access to the Service for 30 days, with the possibility of extension.

  7. The Administrator is liable for damages caused by improper operation of the Platform up to the total amount of remuneration paid by the Client for the given Order.

§ 13. Termination of Services

  1. A Client who only browses content available on the Service is not required to terminate the service agreement.

  2. The Platform may immediately suspend the electronic services agreement with a Client who cooperates with the Platform if:

    • the Client posts unlawful content violating mandatory legal provisions, including copyright regulations;
    • the Client sends unsolicited commercial information;
    • the Client grossly or persistently violates these Terms and Conditions or acts contrary to the aims and purpose of the Platform;
    • the Client insults Platform staff using words commonly regarded as vulgar (whether in connection with other matters or not);
    • the Client violates other provisions of these Terms and Conditions.

  3. Data relating to Orders processed via the Platform shall be stored for the period required by applicable law.

§ 14. Personal Data

By placing an Order via the Platform and checking the acceptance box, the Client accepts these Terms and Conditions and consents to the collection and processing of personal data in accordance with the Polish Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000) and Regulation (EU) 2016/679 of 27 April 2016 (GDPR), by the service provider, to the extent necessary to perform these Terms and Conditions and services provided hereunder.

For detailed information regarding personal data processing, the Platform refers to the Privacy Policy and Cookies Policy available at: https://viralplace.io/pl/privacy-policy

§ 15. Complaints

  1. The provisions of this section apply exclusively to complaints regarding the operation of the Platform, not the quality of Works.

  2. All complaints should be submitted to: sales@viralplace.io

  3. The complaint should include:

    • Client contact details;
    • description of the malfunction or other circumstances inconsistent with these Terms and Conditions or applicable law;
    • circumstances justifying the complaint;
    • the requested method of remedy (if any).

  4. The Platform shall review complaints within 14 days of submission, indicating whether the complaint is accepted and how it will be handled, or refusing the complaint with justification.

  5. A possible outcome may include, in particular, a refund of remuneration for a given Work or part thereof.

  6. The complaint response shall be sent to the email address provided by the Client.

  7. If the complaint is accepted, the Platform shall promptly take measures it deems appropriate within the limits of applicable law to implement the complaint.

  8. Failure to respond within 14 days to a Client’s complaint does not mean that the complaint is accepted.

§ 15. Final Provisions