Pixeria Terms of Service

Effective date: 28 October 2026

§ 1. General provisions

  1. These Terms set out the rules for using the Pixeria service available at pixeria.io and at the subdomains and domains connected to it (the “Service”), and the rules on which the Provider supplies its services.
  2. The Service is a platform for photographers: it lets them run a portfolio website, upload photos and share them with their clients in online galleries, collect photo selections and accept orders. The Service is intended for both businesses and consumers. The Service does not use artificial intelligence features.
  3. These Terms are the terms referred to in Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.
  4. The Provider is Marcin Frątczak, running a sole proprietorship under the business name Marcin Frątczak Framar, ul. Warszawska 40/2A, 40-008 Katowice, Poland, VAT No.: PL6252163911, entered in the Polish Central Register and Information on Economic Activity (CEIDG) (the “Provider”).
  5. You can contact the Provider:
    1. by email - at support@pixeria.io,
    2. by post - at the address given in paragraph 4.
  6. In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (the Digital Services Act, “DSA”), the Provider has designated a point of contact for direct communication with the authorities of EU Member States, the European Commission, the European Board for Digital Services and recipients of the service (Articles 11 and 12 DSA): support@pixeria.io. You can contact us in Polish or English.
  7. Before using the Service, please read these Terms and the Privacy Policy.

§ 2. Definitions

Capitalised terms in these Terms mean:

  1. Price List - information on the prices of paid Plans, billing periods and Plan limits (§ 6),
  2. Photographer - the service recipient: a natural person, legal person or organisational unit that has created an Account,
  3. Gallery - a collection of photos the Photographer shares with their Clients,
  4. Client - a person to whom the Photographer makes a Site or Gallery available, including a person choosing photos or placing an order with the Photographer,
  5. Consumer - a natural person entering into a legal transaction with the Provider that is not directly related to their business or professional activity,
  6. Account - the Photographer's individual panel in the Service, protected by login credentials, giving access to the Service's features,
  7. Non-conformity - lack of conformity of the Service with the Agreement; the conformity criteria are set out in Article 43k(1)-(2) of the Consumer Rights Act,
  8. Trial Period - 14 days of free use of the Service within the scope of the Pro plan, granted to a new Account (§ 5(2)),
  9. Feedback - the Photographer's opinion of the Service, describing their experience of using it,
  10. Plan - the scope of the Service and the limits assigned to an Account,
  11. Privacy Policy - the document describing how personal data is processed, available at /privacy,
  12. Business - a Photographer who is not a Consumer,
  13. Sole Trader with Consumer Protection - a natural person who concludes the Agreement directly in connection with their business, where the content of the Agreement shows that it is not of a professional nature for that person, in particular in view of the subject of their business as disclosed in the Polish Central Register and Information on Economic Activity (CEIDG) (Article 38a of the Consumer Rights Act),
  14. Site - the Photographer's website run in the Service, available at a name.pixeria.io subdomain or at the Photographer's own domain,
  15. Content - photos, texts, price lists, payment instructions and other materials placed in the Service by the Photographer and by people the Photographer has given access to the Account, as well as comments and other materials added by Clients in Galleries,
  16. Agreement - the agreement for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Provider supplies the Service to the Photographer - free of charge on the Early plan and in the Trial Period, or for a fee on a paid Plan,
  17. Service (as the subject of the Agreement) - also the digital service, supplied under the Agreement, of enabling the Photographer to use the features of the Service; references to the Service's conformity with the Agreement mean this digital service,
  18. Consumer Rights Act - the Polish Act of 30 May 2014 on Consumer Rights,
  19. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation).

§ 3. Technical requirements, rules of use and security

  1. To use the Service you need all of the following:
    1. a device with internet access,
    2. an up-to-date web browser (e.g. Chrome, Firefox, Safari, Edge) with JavaScript and cookies enabled,
    3. an active email address.
  2. The Service runs in the browser and does not require installing any software. Some features are easier to use on a computer than on a phone.
  3. Using the Service is free of charge on the Early plan and in the Trial Period; the other Plans are paid (§§ 5 and 6).
  4. The Photographer provides only true information. The Provider is not liable for the consequences of false or incomplete information.
  5. It is prohibited to:
    1. introduce viruses, worms or other malicious software into the Service,
    2. attempt to circumvent security measures, disrupt the Service or overload it by automated means (e.g. scripts and bots),
    3. send spam, impersonate others or commit fraud,
    4. share an Account with third parties to circumvent Plan limits.
  6. The Provider applies technical and organisational measures that protect data from access by third parties, in particular encrypted connections (HTTPS), access passwords and access control.
  7. Despite these safeguards, using the internet carries risks, e.g. of a device being infected with malicious software or of data being intercepted by third parties. To reduce them, use up-to-date anti-virus software and strong, unique passwords.

§ 4. Agreement for the supply of the Service and Account

  1. Under the Agreement, the Provider enables the Photographer to use the features of the Service within the scope of their Plan.
  2. Using the Service requires an Account. To create an Account with an email address:
    1. go to the Service's sign-up page,
    2. enter an email address and password,
    3. tick the box confirming that you have read and accept the Terms and the Privacy Policy,
    4. click the “Sign up” button,
    5. click the confirmation link sent to the email address you entered.
  3. You can also create an Account with a Google account. To do so, tick the box referred to in paragraph 2(3) on the sign-up page, click “Continue with Google” and sign in to your Google account. Google then confirms your email address.
  4. The Agreement is concluded when you click the confirmation link (paragraph 2(5)) or complete sign-up with Google (paragraph 3). The Agreement is concluded for an indefinite period. It is free of charge on the Early plan and in the Trial Period, and on a paid Plan it is subject to a fee under § 5.
  5. You can sign in to the Account with a password, with Google or with a one-time link sent to your email address.
  6. An Account may be created by an adult. A minor may use the Service only with the consent of their legal guardian.
  7. The Photographer protects their login credentials from third parties and is responsible for actions taken from their Account. Any suspected unauthorised access must be reported to the Provider without delay.
  8. Each Account comes with a Site at a name.pixeria.io subdomain. On the Plans that include it (§ 6(2)), the Photographer may connect their own domain - the Provider connects it at the Photographer's request, and DNS configuration and maintaining the domain are the Photographer's responsibility.
  9. The Photographer may invite other people to the Site (e.g. collaborators) and is responsible for their actions in the Service.
  10. Keeping the Service in conformity with the Agreement does not require installing updates - the Provider updates the Service on its side.
  11. Paragraphs 12-13 apply only to Consumers and Sole Traders with Consumer Protection.
  12. If the Provider does not give access to the Service promptly after the Agreement is concluded, the Photographer may call on the Provider to give access by writing to the address in § 1(5)(1). If the Provider does not give access promptly after receiving that request, the Photographer may withdraw from the Agreement.
  13. The Photographer may withdraw from the Agreement without the request referred to in paragraph 12 if at least one of the cases listed in Article 43j(5) of the Consumer Rights Act applies.
  14. The Photographer may terminate the Agreement at any time:
    1. by deleting the Account in the Service settings - deletion must be confirmed with a link sent by email, or
    2. by sending a termination notice to the address in § 1(5)(1).
  15. The Provider may terminate the Agreement by notice sent by email:
    1. with 14 days' notice - for a valid reason, e.g. the Service being discontinued or the Plan used by the Photographer being withdrawn; the Provider then refunds the part of the fee for a paid Plan that falls on the unused, paid period,
    2. with 7 days' notice - if the Photographer breaches the Terms and has not remedied the breach despite a request to do so. During the notice period the Provider may block access to the Service where necessary to prevent further breaches.
  16. In the event of a serious breach of the Terms, in particular posting content referred to in § 11(5)(3), the Provider may block the Account with immediate effect. The Photographer then receives a statement of reasons in accordance with § 11(13) and may appeal in accordance with § 11(14).
  17. Deleting the Account cancels the subscription to a paid Plan - without a refund of the fee for the current period, subject to §§ 8 and 10. Once the Account is deleted or the Agreement ends, the Site, its domains and Galleries stop being available. The data is then deleted within the periods described in the Privacy Policy. The Service is not an archive - download your photos before deleting your Account. At the Photographer's request made before the Account is deleted, the Provider will, as far as technically possible, help the Photographer obtain a copy of Account data other than photos (e.g. the list of Galleries, Clients' selections and orders). This does not affect the right to data portability described in the Privacy Policy.

§ 5. Plans, Trial Period, payments and billing

  1. Accounts created before sales of paid Plans start have the Early plan (early access). The Early plan is free of charge during early access and includes these limits: up to 25 Galleries, up to 250 photos per Gallery, up to 25 GB of photo storage in total (up to 2 GB per Gallery) and files of up to 50 MB each. The Provider will announce the end of early access by email at least 14 days in advance; the Account will not be charged any fee without the Photographer's decision.
  2. An Account created after sales start receives a Trial Period: 14 days of using the Service within the scope of the Pro plan, with no card and no fees. After it ends, the Account is not charged any fee without the Photographer's decision.
  3. After the Trial Period, using the Service requires a paid Plan from the Price List (§ 6). The Plan is chosen and paid for in the Account, on the “Plan & billing” page.
  4. Plans are sold by Dodo Payments as the seller (merchant of record). Dodo Payments, not the Provider, is the party to the sale: it accepts payment, charges and remits the VAT or sales tax due in the Photographer's country and issues the payment confirmation or invoice. Dodo Payments is shown on the bank statement and on the sales document. Dodo Payments' terms, made available during checkout, also apply to the payment.
  5. The Service is provided by the Provider, under these Terms, and the Provider gives support.
  6. Prices in the Price List include tax, which is not added to the price. The Price List is kept in Polish złoty (PLN) and in US dollars (USD); the Photographer chooses the currency before buying and the fee is charged in that currency, without conversion. A subscription stays in the currency of its first payment.
  7. Payment is made during the checkout run by Dodo Payments, using the methods offered there. Card details go directly to Dodo Payments and do not pass through the Provider's servers. The Plan starts working as soon as the payment is confirmed.
  8. A Plan is paid in advance - for a month or for a year. It renews automatically for another period of the same length until the Photographer cancels the subscription. The subscription can be cancelled at any time in the customer portal, available in the Account on the “Plan & billing” page; cancelling stops the next renewal, and access continues until the end of the paid period.
  9. The Photographer may change the Plan or the billing period at any time within the same currency. The change takes effect immediately, and the price difference is settled in proportion to the days left in the paid period.
  10. When a Plan limit is reached, adding new Content may be paused. Content already stored is not deleted for that reason - also after moving to a Plan with lower limits. Current usage is shown in the Account settings.
  11. At the Photographer's request the Provider may set individual limits for the Account. A Plan change does not overwrite them.
  12. If charging the renewal fee fails, Dodo Payments retries for some time. During that time the Photographer may update the payment method in the customer portal.
  13. If the Trial Period ends or the paid period passes and the Photographer does not pay for a Plan:
    1. for 7 days the Account is read-only - the Site and Galleries remain available to Clients, and the Photographer can view the Account and download photos but cannot change or add anything,
    2. after that the Site and Galleries stop being available, and their addresses show a notice that the Site is temporarily unavailable. Content stays in the Account.
  14. Paying for a Plan restores full access immediately, also after the Site and Galleries have gone offline.
  15. The Provider informs the Photographer in the Account about the approaching end of the Trial Period, the read-only mode and the Site going offline. Account settings, the “Plan & billing” page, the customer portal, downloading photos and deleting the Account are always available - also in read-only mode and after the Site has gone offline.

§ 6. Price List

  1. The current Price List is available in the Service - at pixeria.io and in the Account, on the “Plan & billing” page - before purchase. The Price List currently includes (prices include tax; yearly - paid in advance for 12 months):

    1. Starter - PLN 35.99 a month or PLN 359.88 a year (USD 8.49 or USD 83.88): up to 15 Galleries, up to 100 photos per Gallery, 25 GB of storage, a simple starter Site with the top, “About me”, contact and client area modules,
    2. Pro - PLN 83.99 a month or PLN 839.88 a year (USD 17.99 or USD 179.88): up to 100 Galleries, up to 500 photos per Gallery, 100 GB of storage, a Site with a choice of 10 templates and every module, an own domain,
    3. Max - PLN 155.99 a month or PLN 1,559.88 a year (USD 47.99 or USD 479.88): unlimited Galleries (technically up to 9,999), up to 1,000 photos per Gallery, 250 GB of storage, a Site with a choice of 10 templates and every module, an own domain.
  2. Plans include the same features of the Service and differ in their limits - with two exceptions:

    1. the own domain (§ 4(8)) is available on the Pro and Max plans, as well as on the Early plan and in the Trial Period; on the Starter plan the Site runs at a name.pixeria.io subdomain. Moving to the Starter plan requires disconnecting the own domain first,
    2. the Site: on the Pro and Max plans, on the Early plan and in the Trial Period the Photographer chooses one of 10 templates and uses every homepage module; on the Starter plan the Site has the look of a simple starter page (“Start”) and four modules: the top, “About me”, contact and the client area. A template chosen before and the content of the other modules stay saved and return to the Site after moving to the Pro or Max plan; moving to the Starter plan does not require changing them.

    On every Plan a single file may be up to 50 MB.

  3. The Provider may change the Price List. A change to the Price List is not a change to these Terms and does not affect the price of a Plan paid for before the change - until the end of the paid period. The Provider will notify the Photographer by email of a price change for the Plan they already use at least 14 days before the next billing period starts; until then the Photographer may cancel the subscription or change Plan.

§ 7. Sales to the Photographer's Clients

  1. The seller to the Client is the Photographer, not the Provider. Agreements for sessions, prints, digital files and other services of the Photographer are concluded solely between the Photographer and the Client. The Provider supplies only the tool and is not a party to those agreements.
  2. The Client pays for orders directly to the Photographer - currently by bank transfer according to the Photographer's instructions. The Provider does not receive or hold these funds and does not act as a payment intermediary. The Photographer marks payments as received in the Service.
  3. The Photographer is responsible for prices, taxes, sales documents, fulfilment and shipping of orders, complaints, and for their obligations towards Clients, including information duties and the right of withdrawal where the Client is a consumer.
  4. Clients direct complaints about orders to the Photographer.

§ 8. Complaints - Consumers and Sole Traders with Consumer Protection

  1. This section applies only to Consumers and Sole Traders with Consumer Protection.
  2. The Service must conform with the Agreement throughout the period of supply. The Provider is liable for any Non-conformity that becomes apparent during that period.
  3. If a Non-conformity becomes apparent, the Photographer may file a complaint requesting that the Service be brought into conformity with the Agreement, by writing to the address in § 1(5)(1).
  4. The complaint should include: the Photographer's name, the Account email address, a description of the Non-conformity and a request to bring the Service into conformity with the Agreement.
  5. The Provider may refuse to bring the Service into conformity with the Agreement if that is impossible or would require excessive costs.
  6. The Provider replies to the complaint by email within 14 days of receiving it. In the reply the Provider:
    1. accepts the complaint and states the planned date for bringing the Service into conformity with the Agreement,
    2. refuses to bring the Service into conformity for the reasons referred to in paragraph 5, or
    3. rejects the complaint as unfounded.
  7. After accepting a complaint, the Provider brings the Service into conformity with the Agreement at its own cost, within a reasonable time and without undue inconvenience to the Photographer, taking into account the nature of the Service and the purpose for which it is used.
  8. The Photographer may submit a statement reducing the price (on a paid Plan) or withdrawing from the Agreement if:
    1. bringing the Service into conformity with the Agreement is impossible or requires excessive costs,
    2. the Provider has not brought the Service into conformity in accordance with paragraph 7,
    3. the Non-conformity persists even though the Provider has tried to bring the Service into conformity,
    4. the Non-conformity is so serious that it justifies withdrawal without first requesting a remedy,
    5. it is clear from the Provider's statement or the circumstances that the Provider will not bring the Service into conformity within a reasonable time or without undue inconvenience to the Photographer.
  9. The statement referred to in paragraph 8 may be sent to the address in § 1(5)(1). It should include: the Photographer's name, the Account email address, a description of the Non-conformity, the reason chosen from those listed in paragraph 8, and a statement reducing the price (stating the reduced price) or withdrawing from the Agreement.
  10. The reduced price must bear the same proportion to the price under the Agreement as the value of the non-conforming Service bears to the value of a conforming Service. The Provider refunds the amount due promptly and no later than 14 days after receiving the statement.
  11. After withdrawal from the Agreement, the Provider deletes the Account in accordance with § 4(17), and the Photographer should stop using the Service and making it available to third parties (Article 34(1a) of the Consumer Rights Act).

§ 9. Complaints - Businesses

  1. This section applies only to Businesses that are not Sole Traders with Consumer Protection.
  2. If the Service does not conform with these Terms, the Photographer may file a complaint in writing or by email to the address in § 1(5)(1) within 30 days of discovering the non-conformity.
  3. The complaint should include: the Photographer's name, the Account email address and a description of the non-conformity.
  4. The Provider may refuse to bring the Service into conformity with these Terms if that is impossible or would require excessive costs.
  5. The Provider replies to the complaint by email within 14 days of receiving it - accepting it and stating the planned date of the fix, refusing the fix for the reason referred to in paragraph 4, or rejecting the complaint as unfounded.

§ 10. Right of withdrawal

  1. A Consumer and a Sole Trader with Consumer Protection may withdraw from the Agreement without giving any reason within 14 days of its conclusion, and from the purchase of a paid Plan - within 14 days of the purchase (Article 27 et seq. of the Consumer Rights Act). It is enough to send the statement before that period expires.
  2. The withdrawal statement may be made in any form - in particular by email to the address in § 1(5)(1) or using the form in Annex 2 to the Consumer Rights Act. On the Early plan and in the Trial Period, deleting the Account also counts as such a statement.
  3. A paid Plan starts working as soon as it is paid for. The right to withdraw from its purchase applies throughout the period referred to in paragraph 1.
  4. If the Photographer withdraws from the purchase of a Plan, the Provider refunds the whole price paid - promptly and no later than 14 days after receiving the statement. The refund is made by Dodo Payments, using the same payment method as the purchase, at no cost.
  5. The Provider promptly confirms receipt of the withdrawal statement by email. After withdrawal the Plan ends and the Account is deleted in accordance with § 4(17) - unless the Photographer asks to keep the Account without a Plan; § 5(13) then applies.
  6. Withdrawal from the Agreement on the Early plan and in the Trial Period involves no costs.

§ 11. Content and Feedback

Feedback

  1. The Photographer may send Feedback to the Provider in any way, e.g. by email. The Provider is not obliged to publish it and may remove published Feedback at any time.
  2. By sending Feedback, the Photographer grants the Provider a free, non-exclusive licence, unlimited in time and territory, to use it in the Service's promotional materials, including the right to shorten it or adapt its form without changing its meaning. The licence does not cover photos or any other Content of the Photographer.

Content

  1. The Photographer keeps all rights to their Content. For as long as they use the Service, the Photographer grants the Provider a non-exclusive, free licence to store, reproduce and display the Content - including creating smaller versions, watermarked versions and ZIP archives - solely to the extent needed to provide the Service and in line with the Photographer's settings. The licence ends when the Content or the Account is deleted, subject to the time needed to remove the data from backups.
  2. By posting Content, the Photographer declares that they hold the rights to it and - where required - the consent of the people shown in the photos to the distribution of their image. The Photographer is responsible for Content posted from their Account and for the consequences of making it available, including infringement of third parties' personal rights and intellectual property rights.
  3. It is prohibited to post Content that:
    1. is contrary to the law, these Terms or good practice, including Content containing false information,
    2. infringes copyright, personal rights, image rights or other rights of third parties,
    3. depicts the sexual abuse of minors,
    4. incites violence or hatred or insults a person or group of people,
    5. serves unlawful activity, including fraud.
  4. The Provider does not monitor Content on its own initiative. Moderation decisions are made by a human - the Provider does not use automated systems for them.

Notices of illegal Content (Article 16 DSA)

  1. Anyone, including a person without an Account (the “Notifier”), may report Content they consider illegal or contrary to these Terms by writing to the point of contact in § 1(6).
  2. The notice should include:
    1. a sufficiently substantiated explanation of why the Content is illegal,
    2. the exact address (URL) of the Content and, where necessary, additional information allowing it to be identified,
    3. the Notifier's name and email address - unless the notice concerns offences referred to in Articles 3-7 of Directive 2011/93/EU (including the sexual abuse of children),
    4. a statement confirming the Notifier's good-faith belief that the information and allegations in the notice are accurate and complete.
  3. The Provider confirms receipt of the notice by email. If the notice is incomplete or contains errors, the Provider may ask for it to be completed within 14 days; a notice not completed within that time may be left unprocessed.
  4. The Provider processes the notice within 14 days of receiving a complete notice. Where necessary, the Provider may ask the Notifier for additional information and, until the notice is processed, block the visibility of the reported Content.
  5. After processing the notice, the Provider removes or blocks Content that is illegal or contrary to these Terms, or restores Content that does not breach the law or these Terms (if its visibility was blocked).
  6. The Provider promptly informs the Notifier of its decision and - if the Content has been removed or blocked or the Account restricted - the person who posted the Content.
  7. The Provider gives the person whose Content it has removed or blocked, or whose Account it has restricted, a statement of reasons (Article 17 DSA) that includes:
    1. the measure taken (removal, disabling access, restricting the Account or another measure) and, where relevant, its territorial scope and duration,
    2. the facts and circumstances relied on, including whether the decision was based on a notice or on the Provider's own initiative, and - only where strictly necessary - the Notifier's identity,
    3. information that no automated means were used to take the decision,
    4. the legal ground (a provision of law) or contractual ground (a provision of these Terms) for the decision and an explanation of why the Content was considered not permitted,
    5. information on the possibility of an appeal (paragraph 14), out-of-court dispute settlement (Article 21 DSA) and judicial redress.

Appeals

  1. A person whose Content has been removed or blocked or whose Account has been restricted, and a Notifier whose notice was not upheld, may appeal against the Provider's decision - by email to the address in § 1(6) or in writing to the address in § 1(4).
  2. The appeal should include the appellant's name, contact details and an explanation of why the decision should be changed.
  3. The Provider promptly confirms receipt of the appeal by email and handles it within 14 days. Appeals are handled by a human, without automated means. The Provider informs the appellant of the outcome by email and, if it considers the Content not permitted, takes the action described in paragraph 11.
  4. If the Provider becomes aware of content indicating a criminal offence threatening the life or safety of persons, it promptly notifies the competent law enforcement authorities (Article 18 DSA).

§ 12. Liability and service level

  1. The Provider provides the Service with due care and, as far as possible, removes disruptions to the Service on an ongoing basis.
  2. The Provider makes every effort to keep the Service running without interruption but does not guarantee uninterrupted availability. Where possible, the Provider schedules maintenance at off-peak times, carries it out in the least disruptive way possible and - where possible - announces it in advance.
  3. The Service is not an archive. The Photographer should keep their own copies of original photos.
  4. To the extent permitted by the Polish Civil Code and the Consumer Rights Act, the Provider is not liable for the consequences of:
    1. using the Service contrary to its purpose or to these Terms,
    2. the Photographer providing incorrect or false information,
    3. third parties using login credentials obtained because the Photographer disclosed them or failed to secure them adequately,
    4. actions of the Photographer, their collaborators or Clients, including deletion of Content,
    5. Content posted by the Photographer or Clients,
    6. agreements and payments between the Photographer and the Client (§ 7).
  5. To the extent permitted by the Polish Civil Code and the Consumer Rights Act, the Provider is not liable for disruptions to the Service caused by force majeure, necessary maintenance, reasons attributable to the Photographer, or outages of third-party services beyond the Provider's control.
  6. Towards a Business that is not a Sole Trader with Consumer Protection:
    1. the Provider does not guarantee that the Service will meet the Photographer's specific business needs,
    2. the Provider's liability excludes lost profits and is limited to the fees the Photographer paid in the last 12 months. This limitation does not apply to damage caused intentionally.
  7. Nothing in these Terms limits the rights of Consumers or Sole Traders with Consumer Protection under mandatory provisions of law (including Article 385⁵ of the Polish Civil Code).

§ 13. Provider's intellectual property

  1. The elements of the Service, in particular the Pixeria name and logo, Site and Gallery templates, graphic elements, the interface, software, source code and databases, as well as the Provider's photos and descriptions, belong to the Provider or its licensors and are protected under the Polish Copyright and Related Rights Act, the Industrial Property Law, the Unfair Competition Act and other laws, including EU law.
  2. Using these elements beyond using the Service in accordance with these Terms requires the Provider's prior express consent.

§ 14. Out-of-court dispute resolution - Consumers and Sole Traders with Consumer Protection

  1. This section applies only to Consumers and Sole Traders with Consumer Protection.
  2. The Photographer may use out-of-court complaint and redress procedures, e.g. the help of a district or municipal consumer ombudsman or the permanent consumer arbitration court at the regional Trade Inspection.
  3. Information on these procedures and how to access them is available at the offices and on the websites of district (municipal) consumer ombudsmen, consumer protection organisations, the Regional Trade Inspection Inspectorates and the Office of Competition and Consumer Protection (UOKiK).

§ 15. Personal data and data processing

  1. Information on how the Provider processes personal data is set out in the Privacy Policy.
  2. For the personal data of Clients and people shown in photos, the Photographer is the controller and the Provider processes that data on the Photographer's behalf as a processor (Article 28 GDPR). Paragraphs 2-8 constitute a data processing agreement.
  3. Subject matter and nature of processing: storing, displaying, sharing and deleting data in the Service and sending emails - for as long as the Photographer uses the Service.
  4. Types of data: the Client's email address, name, phone number and delivery address, selected photos, favourites, comments, order and payment history, image and other data visible in photos, and photo metadata. Categories of data subjects: Clients, visitors to the Photographer's Galleries and Site, people shown in photos.
  5. The Provider:
    1. processes the data only on the Photographer's documented instructions - these Terms and the Photographer's settings and actions in the Service constitute such instructions,
    2. ensures that persons authorised to process the data have committed themselves to confidentiality,
    3. applies the security measures referred to in Article 32 GDPR, including encrypted connections and access control,
    4. assists the Photographer in responding to data subjects' requests and in meeting the obligations under Articles 32-36 GDPR, to the extent the nature of the Service allows,
    5. notifies the Photographer of a personal data breach without undue delay and no later than 72 hours after becoming aware of it,
    6. after the Account is deleted, deletes the data within the periods set out in the Privacy Policy, unless the law requires further storage,
    7. makes available to the Photographer the information needed to demonstrate compliance with these obligations and allows audits - at a date and scope agreed in advance, at the Photographer's expense.
  6. The Photographer gives general authorisation to use the sub-processors listed in the Privacy Policy. The Provider will notify the Photographer by email of any intended change of sub-processor at least 14 days in advance. The Photographer may object and, if the parties cannot agree, delete the Account before the change takes effect.
  7. The Provider imposes on sub-processors data protection obligations no less strict than those set out in this section. Transfers of data outside the European Economic Area are based on a European Commission adequacy decision or on standard contractual clauses.
  8. The Photographer is responsible for the lawfulness of processing Clients' data, including the legal basis and informing Clients about the processing.

§ 16. Changes to the Service

  1. The Provider may change the Service where:
    1. it needs to be adapted to new devices or software used by Photographers,
    2. the Provider decides to improve the Service by adding new features or changing existing ones,
    3. there is a legal obligation, including adapting the Service to changes in the law.
  2. A change to the Service may not involve any cost for the Photographer.
  3. The Provider informs Photographers of a change to the Service with a notice in the Account and, where appropriate, by email.
  4. If a change will significantly and negatively affect access to or use of the Service, the Provider will inform the Photographer by email, at least 14 days before making it, of the characteristics and timing of the change and of the right to terminate the Agreement with immediate effect within 30 days of the change.
  5. The Provider will not significantly reduce the features included in a paid Plan during a paid period.
  6. Termination under paragraph 4 is made by a notice sent to the address in § 1(5)(1) or by deleting the Account. For Consumers and Sole Traders with Consumer Protection it has the same effects as withdrawal from the Agreement due to a Non-conformity (§ 8).

§ 17. Changes to these Terms

  1. The Provider may change these Terms where:
    1. the law changes or the Terms must be adapted to decisions or guidance of authorities,
    2. new services or Plans (including paid ones) are introduced, or existing ones are changed or discontinued,
    3. a technical change to the Service requires the Terms to be adapted,
    4. the providers used by the Service change, or for security reasons,
    5. the Provider's details or the subject of its business change.
  2. The Provider announces changes to these Terms by email and in the Service at least 14 days before they take effect, sending or making available the amended Terms.
  3. A Photographer who does not accept the changes may, before they take effect, terminate the Agreement with immediate effect - by deleting the Account or by a notice sent to the address in § 1(5)(1). Not terminating the Agreement means accepting the changes.
  4. A change to these Terms does not affect rights acquired before it takes effect, in particular the terms of a Plan paid for before the change.

§ 18. Final provisions

  1. This version of the Terms applies from 28 October 2026.
  2. These Terms are governed by Polish law. This choice of law does not deprive a Consumer of the protection of mandatory provisions of the country of their habitual residence.
  3. The parties try to resolve disputes amicably. Disputes with Businesses that are not Sole Traders with Consumer Protection are resolved by the common court competent for the Provider's registered address. For disputes with Consumers and Sole Traders with Consumer Protection, jurisdiction is determined by general rules.
  4. Matters not covered by these Terms are governed by Polish law.
  5. These Terms are available free of charge on the Terms of Service page in a form that allows them to be saved and printed.
  6. These Terms are drawn up in Polish and English. Both versions are equally binding. In case of a discrepancy between them, a provision is interpreted in line with its purpose and, for Consumers and Sole Traders with Consumer Protection, in the way more favourable to them.