Terms and conditions of using Deeptale.ai sp. z o.o.

The following terms and conditions define the rules on which the services are provided by Deeptale.ai sp. z o. o. with its registered office in Wrocław (National Court Register number 0000895198), hereinafter referred to as the “Company”, (details below) via the online store available at www.deeptale.ai (hereinafter referred to interchangeably as “store”, “application”, “service”).

§ 1
Definitions

1. “Company” – Deeptale.ai sp. z o. o. with its registered office in Wrocław, at 57-59 Bierutowska Street, 51-317 Wrocław, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under the number 0000895198, Tax Identification Number 8952229872, National Business Registry Number 388694281, share capital in the amount of PLN 10,000.00,
2. “User” – an individual or legal entity, meeting the conditions described in § 2 below, who has made a statement of acceptance of these Terms and conditions in any form to the Company. The Terms and conditions apply both to users who have created an account and to users who placed an order without creating an account.
3. “Contract”- a contract for the provision of services by electronic means concluded between the User and the Company by making the statement referred to in item 2 above.
4. “Consumer”- a User who is a natural person using the Company’s services without connection with his/her business or professional activity, the definition of which is set forth in Article 22¹  of the Civil Code.

§ 2
Conclusion, duration and termination of the contract

1. A User may be any natural person who has at least limited legal capacity, that is, in accordance with Article 15 of the Civil Code, a person that has reached the age of thirteen or is an adult but has been partially incapacitated.
2. In order to obtain the status of a User it is sufficient to submit to the Company a statement of acceptance of these Terms and conditions, while in order to place an order through the store it is necessary to perform the subsequent steps according to the information and operational functionality of the application.
3. The moment of conclusion of the contract between the Company and the User:
   • a) a general contract for the provision of services by electronic means is concluded between the Company and the User upon submission of a statement of acceptance of these Terms and conditions,
   • b) the contract for the provision of services by electronic means, which includes the content of a specific order, is established when, through the operational functionality of the store, the User:
     • a) approves the parameters of the order,
     • b) confirms its obligation to pay remuneration in the amount calculated on the basis of selected options/variants and shown in the shop. In order to conclude a contract, it is necessary to perform both of the above activities (these are joint conditions) and the moment of concluding the contract is the moment of performing the latter action. For the avoidance of doubt and implementing the principle of the User’s privilege in the case of purchasing processes divided into stages (e.g. when the final order is made after making the payment and generating a preview based on the sent photo), the conclusion of the contract takes place at the last provided stage, after enabling the User to get acquainted with the price, declared properties/parameters of the product and the available sample or preview, at the time of pressing the button on which there is an inscription clearly indicating that the order has been placed, e.g.: “I order”, “I order”, “Approve”, “Accept” or other equivalent wording.
     • In the event that, according to functionalities of the store, it is possible to cancel the order after making the payment and after receiving the preview (before the final confirmation of the order), then the funds paid constitute the prepaid amount (advance), which is credited towards the remuneration for the service at the time of the final confirmation of the order, and in the case of cancellation of the order above the funds will be returned to the User no later than within 30 days from the moment of canceling the order.
     • Immediately after the final confirmation of the order, the shop accordingly to displayed tabs or functionalities may also allow you to perform activities such as generating a sales document, summary, displaying the status of the order or payment or other operations related to the transaction, but they do not affect the effectiveness of the conclusion of the contract or the order placed. The shape of such a specific contract, referred to above, is described with the order parameters approved by the User (they are essential elements of the contract agreed between the parties) and in the remaining scope is shaped by the provisions of these Terms and Conditions.
       
4. Duration of the contract
   • a) The contract referred to in item 3(a) above (i.e., general contract) shall be concluded for an indefinite period,
   • b) The contract referred to in item 3(b) above (i.e., the contract for a specific order) as a contract for the performance of a particular service/order/work shall be concluded for the time necessary for the performance of the company and shall expire as soon as the performance of the parties is fulfilled, with the terms of the general contract (item 3(a) above) and the contract for a specific order (item 3(b) above) being independent of each other.
5. Termination
   Either Party may terminate the general contract (item 3(a) above, this does not apply to the contract item 3(b) above) maintaining one month’s notice, in the document form referred to in Article 773 of the Civil Code (e.g. e-mail) under pain of nullity. The user may perform the action of deletion of the user’s account through the store’s operational functionality, which is equivalent to the submission of a notice of termination maintaining a notice period, however, for technical reasons, immediately after completion of this action the store’s operational functionality available under the user’s account may be limited or blocked.

§ 3
Payment, scope of services, payment system

1. The store is made available according to its current state, and only the operational functionality available at the time of access through the selected tool (computer, mobile device) are at the disposal of the user.
2. The scope of services offered by the Company through the store is determined by the pool of operational functionality and options of products/services available at the time of the store access. In the event that, due to a malfunction of the store, a service visible as available according to the content displayed by the application was actually unavailable, then the company will immediately contact the user offering another possible service or a refund (if payment was already made) at the user’s choice.
3. Services and products available through the application are offered by the company according to the prices made visible through the application in the order tab, and the price variants depend on the user’s choices and preferences. Due to the individual nature of the offered services/products, the order is proceeded with only after payment in full (including shipping costs) for the service or product.
4. The use of the store requires data transmission, therefore there is the necessity of incurring the costs of this operation charged and collected by the operator/Internet provider. NOTE: please keep in mind that such activities as crossing the borders of different countries may cause a change of the operator and result in additional charges or fees in a different amount than expected.
5. The solution for settlement of transactions “PayU” is provided by PayU SA with its registered office in Poznań (National Court Register number number 0000274399).
6. Before using the services of payment providers or other external services, please read the conditions of this service, in particular the terms and conditions or agreement and privacy policy. These services are provided independently of the Company, and the source of the user’s rights and obligations in this regard are exclusively the contracts concluded between the user and the payment provider.
7. In the event of a dispute regarding the correctness of the provision of payment services referred to in items 5 and 6 above, the Company undertakes to take measures to support the user in clarifying such doubts.

§ 4
Obligations of the User

1. The User is obligated to:
   • a) use only truthful information and data to which he or she is entitled,
   • b) to use the application in accordance with its purpose, which is to place orders for particular products or services of the company and to view order history.
2. The user is not allowed to interfere in any way with the application or its code, or make any changes that are not expressly permitted through the user interface. In particular, it is forbidden to make any changes that could interfere with the operation of the application
3. It is forbidden for the User to provide, introduce, transmit or make available in any way content (including statements) of an unlawful, offensive nature, infringing any personal rights of others, harming certain views or feelings/religious beliefs.
4. If the User violates the above provisions, the Company shall be entitled to take the actions indicated in § 5.6 below (total or partial account blocking) and to terminate the contract without notice.

§ 5
Scope of services provided, lead time and delivery.

1. The Application shall be made available to the User as of the moment of acceptance of these Terms and Conditions in accordance with § 2.3(a) above.
2. The scope of services provided by the Company through the application is determined by the scope of operational functionality made available through the user interface.
3. The appearance and operation of the store may be changed by the Company for technical reasons in order to improve its operation or to enhance the quality of the services provided through it, however maintaining at least the operational functionality available at the moment indicated in item 1 above.
4. The Company may expand and/or add new functionalities, which does not require an amendment to these Terms and Conditions, as long as it does not involve new obligations of the User.
5. The Company is not responsible for interruptions in the operation of the application or other problems associated with it, if they are not caused by the application itself, and are due to the actions or omissions of third parties, in particular third-party providers of such services as hosting or access to mobile/Internet networks.
6. In the case of violation by the User of the provisions of § 4, in particular by taking actions aimed at interfering with the operation of the application or violating the privacy or good name of other Users, the Company is entitled to block the User’s account partially or completely
7. The Company shall make every effort to process orders as quickly as possible, however, the presented lead time displayed on the store’s tab is an estimated value, and given the individual nature of the manufactured and delivered products, the binding lead time, under the agreement § 2.3(b) above, runs from the moment of payment for the order placed and is:
   • a) for single orders covering a total of up to 10 (pieces) products 30 days until shipment, including delivery not to exceed 45 days for shipments within the Republic of Poland,
   • b) for single orders including a total of more than 10 (pieces) products – delivery time is determined individually,
   • c) for shipments outside the territory of the Republic of Poland, the cost and time of delivery is determined individually, taking into account the available shipping services for the destination country.

§ 6
Technical requirements

In order to use the store, the User must have at his/her disposal:

1. for desktop or laptop computers:
   – internet access,
   – current version of Mozilla Firefox or Chrome browser,
   – 2-core processor, min 4GB of working memory, graphics card with 2GB memory.
2. for mobile devices:
   – internet access,
   – 2-core processor, min 4GB working memory, graphics card with 2GB memory,
   – a camera built into the phone,
   – current version of Android operating system or equivalent.

§ 7
Cookies

1. The application uses “cookies”, for detailed information on this subject, please look in the information tab displayed each time to the User and the privacy policy.
2. The site may contain redirects to other websites owned by other entities, such as: Facebook, Instagram, Google+, YouTube or Twitter. These websites have their own policies regarding privacy as well as cookies. Therefore, before using these sites, the User is advised to read the rules regarding the protection of personal data or the use of cookies.

§ 8
Termination of contract and right of withdrawal

1. In case of violation by the User of the provisions of § 4, the Company shall be entitled to terminate any of the agreements covered by these Terms and Conditions without notice.
2. Both the User and the Company may terminate the contract referred to in § 2.3(a) with one month’s notice, in accordance with the provisions of § 2.5 above.
3. Note: given that the products offered by the Company are personalized, a User who is a consumer is not entitled to withdraw from a contract concluded remotely pursuant to Article 27 of the Consumer Rights Act of May 30, 2014 (this is an exception described in Article 38(3) of the aforementioned Act), which the User acknowledges by accepting these Terms and conditions.
4. The Company shall be entitled to withdraw from the contract referred to in § 2.3(b) above, if the order is not paid within 30 days of its placement by the User or if due to external circumstances (including force majeure) beyond the control of the Company, the execution of the contract becomes impossible.
5. The User shall be entitled to withdraw from the contract referred to in § 2.3(b) above in the event that the Company does not proceed with the execution of the contract within 30 days from the date of payment of the order, whereby the moment of payment shall be, for the purposes of this provision, the moment when the payment provider confirms to the Company that it has been made, or the moment when the Company’s account is credited, in the case of transactions bypassing a third party.

§ 9
Complaints

1. Any User shall be entitled to lodge a complaint regarding both the work/product itself and the operation of the store, with particular reference to such problems as delays, errors, technical breaks, difficulties with setting up an account, as well as other issues related to the services provided by the Company via the application or shared website.
2. Such complaints should be addressed to the e-mail address: [email protected] or submitted through the appropriate tab of the store (if provided) or submit in person at the Company’s headquarters.
3. The complaint should contain the data of the complainant in the form of name and surname, order number, e – mail address along with a concise description of the reported objections and comments.
4. The Company shall inform the complainant of the outcome of the complaint via e-mail to the address provided in the complaint application or, if the complainant has not provided an e-mail address, to another address he or she has provided within 30 days from the date of its delivery to the Company.
5. If the complaint cannot be considered within 30 days, the Company shall inform the applicant of this fact, indicating the reasons for the delay and the expected date of consideration.
6. There is also the possibility of out-of-court dispute resolution.
7. In the case of Users who are not consumers and are not subject to other special protection under the law, the provisions of Article 556 et seq. of the Civil Code shall not apply (warranty for defects).

§ 10
Personal and other data

1. In connection with the services provided, the Company shall process the Users’ personal data and other data entered by the Users (including the image of the Book’s Main Character).
2. By accepting these Terms and Conditions, the User confirms that he/she is entitled to use and share the data of the Book Main Character (in particular the image) for the purpose of performing this Contract.
3. A detailed description of the scope of the processed data, the purposes of this processing and the grounds for legality are described in the privacy policy.
4. In addition to the personal data provided to the Company by the User for the purposes of registration/logging in, the Company also processes the data collected in the cookies indicated in § 7 above and, among other things, data about the Users’ behavior, the way they navigate the application and the choices they make, using tools such as Google Analytics. This data is used to improve the quality of services provided, and due to the combination of this data with other information processed by the application, it may also constitute personal data. Therefore, any information about the principles of personal data processing contained in the Privacy Policy shall also refer to such data to the extent that they constitute personal data.

§ 11
Final provisions

1. These Terms and Conditions may be amended by the Company, but for the User the version of the Terms and Conditions that is binding is the version valid at the time of acceptance of the Terms and Conditions by the User (at the time of conclusion of the electronic services agreement). In the case of acceptance of a new version of the Terms and Conditions by a User who has already made a statement of acceptance of the previous version of it, the version from the time of the last statement of acceptance of this document becomes binding.
2. The current version of the Terms and Conditions was developed on November 2, 2022.
3. Changes to the new Terms and Conditions will be served to the User by posting them on the site, and in the case of Users who have created an account by a notification visible in the User’s account or by e-mail.
4. With respect to Users who have created a User account, the change of the Terms and Conditions according to the wording delivered in the manner referred to in item 3 in fine above shall become effective upon acceptance of the new version of the Terms and Conditions, but no later than within one month from the date of delivery of the Terms and Conditions in the manner referred to in item 3 above.
5. If the new version of the Regulations is not accepted within the aforementioned time limit, the general electronic service agreement (§ 2.3(a) above shall be terminated upon the expiration of that time limit).
6. Both the materials and content made available or posted on the website, as well as the products provided are subject to copyright protection in accordance with the content of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws of 2018, item 1191).
7. None of the goods indicated in item 6 above or parts thereof may be multipied or disseminated in any form without the prior consent of the Company (which consent requires a document form in order to be valid) unless otherwise indicated in the information on the product or part thereof. Acquisition of the protected product referred to in item 6 above shall only constitute title to the purchase of a copy of such work in accordance with Article 52(1) of the Law on Copyright and Related Rights, and shall not result in the transfer of copyright to the purchaser or constitute any type of license. The purchaser shall only be entitled to use the copy for its own purposes, excluding the right to resell, reproduce or market it.
8. In all matters not covered by these Terms and Conditions the generally applicable provisions of Polish law shall apply.