Terms of Service

1. General provisions and definitions

These Terms of Service set out the rules and conditions for the provision of services by electronic means by the Service Provider within the "WebImpact AI Marketing Studio" platform, in accordance with the Act of 18 July 2002 on the provision of services by electronic means and the Act of 23 April 1964 – the Civil Code.

The Service is directed exclusively at entrepreneurs within the meaning of the Civil Code and is provided in a business-to-business (B2B) relationship. These Terms of Service do not apply to consumers.

For the purposes of these Terms of Service, the following definitions apply:

• Service Provider (WebImpact) – [TO BE COMPLETED: full name and legal form of the company, registered office address, tax identification number (NIP), National Court Register number (KRS), registry court]; the entity providing the Service; the terms "we", "us", "our" refer to the Service Provider.
• Service – the "WebImpact AI Marketing Studio" platform made available by electronic means, enabling the use of Modules, including the generation of content and materials using artificial intelligence (AI) tools.
• Client – the entrepreneur (company) for whom the Service is provided and to whom a Workspace is assigned.
• User – a natural person acting in the name and on behalf of the Client, using the Service on the basis of a granted account; the terms "you", "your" refer to the User or the Client.
• Workspace – a separate, isolated working environment assigned to a single Client, in which only the Modules enabled for that Client and its data are visible.
• Module – a functional area of the Service (e.g. content generation, media, conversational agents, analytics, internal processes), enabled individually for a given Client.
• Asset Library – a space set apart within the Workspace in which the outputs generated in the Service and the materials uploaded by the Client are collected.
• AI Content – content, images, video, models, recordings and other materials produced by artificial intelligence tools within the Modules.

2. Scope and subject matter of the Service

The Service constitutes a multi-tenant AI creative studio. Each Client is provided with its own, isolated Workspace in which only the Modules enabled for that Client are visible.

The scope of the Modules made available is determined individually for each Client and may include in particular:

• content generation (including blog posts, newsletters, banners, descriptions);
• media (including product and lifestyle photos, video, 3D models, social media posts, avatars);
• conversational agents (telephone voice agent, chatbot);
• analytics;
• internal processes (including human resources/HR, training studio).

3. Terms of use and user accounts

Access to the Service requires logging in. Accounts are created and activated by the Service Provider for the Client; the Service does not provide for independent, public registration.

The scope of each User's permissions results from the roles assigned to them. Roles determine which Modules and functions the User has access to and what actions they may perform within the Workspace.

The Client is liable for the acts and omissions of the Users to whom it has granted access to its Workspace as for its own.

• Login credentials (login, password, any authentication factors) are confidential and may not be shared with unauthorized persons;
• The User is obliged to protect login credentials against access by third parties and to promptly notify the Service Provider of any suspected disclosure or unauthorized use thereof;
• The Client is responsible for the proper management of the roles and permissions assigned to its Users.

4. Acceptable use rules

The User is obliged to use the Service in accordance with the law, these Terms of Service and good practice. It is prohibited to supply and process content of an unlawful nature.

• a prohibition on entering, processing and publishing content that is unlawful, infringes the rights of third parties (including copyright, industrial property rights, personal rights, image, business secrets) or the provisions on the protection of personal data;
• a prohibition on using the Service in a manner that compromises its security, stability or integrity, including circumventing safeguards, limits or Workspace isolation;
• the User bears sole responsibility for the materials uploaded to the Service and for holding the appropriate rights and consents to use them (including to images, trademarks and works);
• the User is obliged to independently review and verify AI Content BEFORE its publication, distribution or other use.

5. Nature of AI-generated content

AI Content is provided "as is". The Service Provider does not guarantee the achievement of any particular result, level of quality, accuracy, completeness or fitness of the AI Content for a specific purpose.

AI Content is produced in a generative manner and may contain errors, inaccuracies or elements requiring correction. The fidelity of AI Content to the reference materials provided is the subject of the Service Provider's efforts; however, it does not constitute a guaranteed result and may vary depending on the nature of the materials and the Module.

The User is obliged to verify AI Content before using it, in particular as regards its compliance with the law, third-party rights, substantive correctness and conformity with its own requirements. The decision to use AI Content rests with the User.

6. Intellectual property rights

The Client retains its rights to the input materials that it enters into the Service. Uploading materials to the Service does not transfer any rights to the Service Provider; the Client grants the Service Provider a non-exclusive authorization to process them to the extent necessary to provide the Service.

To the extent permitted by law, the Client is entitled to the outputs generated on its behalf within the Service, enabling their use in accordance with the intended purpose of the Service. The scope of rights to AI Content may be subject to limitations arising from applicable law and from the terms of the providers of the AI tools.

The Service Provider retains all rights to the platform, the software, its code, interfaces, documentation and to the libraries of styles, templates and other elements made available within the Service. These Terms of Service do not transfer to the Client any rights to those elements beyond the right to use the Service during the period of its provision.

7. Limits, availability and maintenance

The use of Modules may be subject to monthly limits or credits, determined separately for individual Modules and Clients. Once a limit is exhausted, access to the given function may be restricted until the end of the billing period.

The Service Provider makes efforts to ensure that the Service is available on a continuous basis; however, it does not guarantee its uninterrupted availability at a level of 100%. Technical interruptions may occur, including scheduled maintenance work and interruptions resulting from causes beyond the Service Provider's control (e.g. actions of external providers, force majeure).

The Service Provider reserves the right to develop, modify and temporarily restrict the functionality of the Service for technical, security or legal reasons.

8. Fees and settlements

The Service is provided for a fee under a B2B model. The scope of the Service, the amount and model of remuneration, the billing periods and the payment terms are set out in a separate agreement or price list agreed with the Client.

[TO BE COMPLETED: specific pricing terms, billing model, billing periods, payment deadlines and method, tax/VAT rules].

In the event of a discrepancy between these Terms of Service and an individual agreement with the Client as regards fees and settlements, the provisions of the agreement shall prevail.

9. Protection of personal data and entrustment of processing

The rules for the processing of personal data by the Service Provider are described in the Privacy Policy. The supervisory authority for the protection of personal data is the President of the Personal Data Protection Office (in Poland, the PUODO).

To the extent that the Service Provider processes personal data in the name and on behalf of the Client as a data processor, the processing is carried out on the basis of a data processing agreement (DPA), which governs the subject matter, duration, nature and purpose of the processing as well as the obligations of the parties.

In order to provide the Service, we use subcontractors (sub-processors) operating in the following categories: providers of AI models, an authentication provider, cloud infrastructure providers (hosting, storage), and an email provider. We make the full, current list of sub-processors available on request and as part of the data processing agreement (DPA).

10. Liability

The Service Provider's liability for the provision of the Service is limited to the fullest extent permitted by applicable law. The limitations do not apply to liability which, under mandatory legal provisions, cannot be excluded or limited.

The Service Provider is not liable for decisions taken by the Client or the User on the basis of AI Content without prior verification thereof, nor for the consequences of the publication or use of AI Content in disregard of the review obligation referred to in these Terms of Service.

The Service Provider is not liable for the content and legality of the materials uploaded by the Client, for the lack of the required rights or consents to use them, nor for damage arising from use of the Service inconsistent with these Terms of Service or the law.

[TO BE COMPLETED: any contractual monetary cap on liability and the rules for limiting it agreed with the Client].

11. Duration and termination

The Service is provided for the period specified in the agreement with the Client or for an indefinite period, in accordance with the arrangements of the parties. The conditions for notice, termination and cessation of provision of the Service are set out in the agreement; [TO BE COMPLETED: notice periods and specific termination conditions].

The Service Provider may suspend or restrict access to the Service in the event of a material breach of these Terms of Service, arrears in payments or actions that threaten the security of the Service or of other Clients.

Upon cessation of provision of the Service, the Client should export its data and assets from the Asset Library before they are deleted. After the agreed transitional period has elapsed, the Client's data may be permanently deleted in accordance with the Privacy Policy and the data processing agreement (DPA), subject to data whose retention is required by law.

12. Complaints

Complaints concerning the Service may be submitted by electronic means to the address: [email protected].

A complaint should contain the data enabling identification of the Client and the Workspace, a description of the objections and — where possible — the circumstances and time of occurrence of the problem.

The Service Provider examines the complaint and provides a response without undue delay, no later than within 30 days of its receipt, unless the law or the agreement with the Client provides for a different deadline. If it is necessary to supplement the complaint, the Service Provider may request additional information from the Client.

13. Amendments to the Terms of Service, governing law and dispute resolution

The Service Provider may amend these Terms of Service for important reasons, in particular due to changes in legal provisions, changes in the scope or manner of provision of the Service, or for security reasons. The Client will be informed of amendments with appropriate advance notice; continued use of the Service after the amendments enter into force constitutes acceptance thereof.

In matters not regulated by these Terms of Service, the provisions of Polish law apply, in particular the Civil Code and the Act on the provision of services by electronic means.

The parties shall endeavor to resolve any disputes arising from the Service amicably. In the absence of agreement, disputes shall be resolved by the competent common court [TO BE COMPLETED: territorial jurisdiction of the court — e.g. the court competent for the Service Provider's registered office].

14. Final provisions

In the event of a discrepancy between these Terms of Service and an individual agreement concluded with the Client, the provisions of that agreement shall prevail.

If any provision of these Terms of Service proves to be invalid or ineffective, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the provision closest to its purpose and consistent with the law shall apply.

Contact with the Service Provider on matters related to the Service and these Terms of Service is possible at the address: [email protected]. These Terms of Service enter into force on [TO BE COMPLETED: date of entry into force].