Terms of Use of the FlareFact Application

§ 1. General

1. This Terms and Conditions (hereinafter referred to as the "Terms and Conditions") define the terms and conditions of use of the "FlareFact" Application operating at the https://flarefact.ai/ website address and the services provided by the Service Provider.
2. The application is a tool for verifying information presented on the Internet, based on the use of AI models.
3. The Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "the Act on the provision of electronic services").
4. The service provider is Kacper Potyrała with registered office at Gawrzyłowska 44, 39-200 Dębica, entered into the register of entrepreneurs of the National Court Register with NIP: 8722437242, REGON number: 522252720 (hereinafter: "Service Provider").
5. Contact with the Service Provider is possible via:
   1. E-mail – at: contact@flarefact.com;
   2. Traditional mail – at: Kacper Potyrała, Gawrzyłowska 44, 39-200 Dębica;
   3. Phone number – at: +48 884 515 358.
6. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: "DSA"), the Service Provider has designated a contact point for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Council and the Service Recipients on matters covered by the DSA. The contact point is available at: contact@flarefact.com.
7. Before starting to use the Application, the Service Recipient is obliged to read the Terms and Conditions and the Privacy Policy.

§ 2. Definitions

Capitalized words used in the Terms and Conditions have the following meanings:

1. Application - a responsive web application under the name "FlareFact", located at https://flarefact.ai/;
2. Price List – a document or information specifying the current price of the Service, the Subscription Period, the variant of its operation and other conditions indicated therein;
3. Civil Code – the Act of 23 April 1964, the Civil Code;
4. Account - a panel created in the Application's IT system enabling the Service Recipient using its functionalities;
5. Login – an individual and unique e-mail address which is a unique identifier of the Service Recipient in the Application;
6. Non-compliance – means non-compliance of the Service with the Service Provision Agreement (the criteria for assessing the Service compliance with the Service Supply Agreement are specified in Article 43k(1)-(2) of the Consumer Rights Act);
7. Subscription Period – the period for which the Service Provider makes the Service available to the Service Recipient, in accordance with the Price List;
8. Subscription Fee – a fee paid by the Service Recipient in advance in exchange for the Service, determined in accordance with the Price List in force at the time of its order;
9. Opinion – the Service Recipient's opinion on the Service, including a description of the Service Recipient's experience related to the use of the Services;
10. Privacy Policy – a document containing information on the processing of personal data of Service Recipients by the Service Provider;
11. Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by specific regulations, conducting business or professional activity in its own name;
12. Regulations – the term defined in § 1 section 1 of the Regulations;
13. Service Recipient's Content/Content – all data (including personal data), electronic files, information and materials saved by the Service Recipient on the Account;
14. Service Provision Agreement/Agreement – an agreement for the provision of a digital service, under which the Service Provider undertakes to provide the Service of using the Application to the Service Recipient free of charge or for a fee, depending on the option selected in the Price List. The condition for concluding the Agreement for the provision of the Service of using the Application is the prior creation of an Account;
15. Service - a service consisting in enabling the Service Recipient by the Service Provider to use the functionalities of the Application;
16. Service Recipient – a Consumer, an Entrepreneur with the rights of a Consumer or an Entrepreneur using the Application, who have concluded a Service Provision Agreement;
17. Service Provider – a term defined in § 1 section 4 of the Terms and Conditions.
18. Act on the provision of electronic services – the term defined in § 1 section 3 of the Terms and Conditions;

§ 3. Technical Requirements and Safety

1. In order to properly use the services provided by the Service Provider via the Application, it is necessary jointly:
   1. Internet connection;
   2. having devices that allow you to use Internet resources;
   3. An up-to-date and correctly configured version of web browsers: Chrome on Android and desktop devices, Safari on Apple mobile devices.
   4. using a web browser that allows hypertext documents to be displayed on the screen of the device, linked to the Internet by a web service and that supports the JavaScript programming language, and also accepts cookies;
   5. having an active e-mail account.
2. As part of the Application, it is prohibited for the Service Recipients to use viruses, bots, worms or other computer codes, files or programs (in particular those automating the processes of scripts and applications or other codes, files or tools).
3. The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including through SSL/TLS encryption, the use of access passwords and antivirus or anti-unwanted software programs.
4. The Service Recipient's Content uploaded and imported to the Application is scanned for the use of malware. If malware is detected in the Service Recipient's Content, the Service Provider reserves the right to remove such Service Recipient Content.
5. The Service Provider informs that despite the application of the security measures referred to in section 4 above, the use of the Internet and services provided by electronic means may be at risk of malware getting into the IT system and the Service Recipient's device or gaining access to data on this device by third parties. In order to minimize the above-mentioned threat, the Service Provider recommends the use of antivirus programs or means protecting identification on the Internet.

§ 4. General Terms of Use of the Services

1. The use of the Application is possible for a fee or free of charge – in accordance with the variant selected in the Price List. The Service Provider reserves the right to introduce additional, optional functions or services in the future, which may be available for an additional fee. The Service Provider shall inform the Service Recipient of any change regarding the introduction of paid features in advance.
2. The Service Recipient is obliged to pay the Subscription Fee on the terms and conditions described when selecting a specific Service option under the Price List.
3. The provision of illegal content by the Service Recipient is prohibited.
4. The Service Recipient is obliged to use the services provided by the Service Provider in a manner consistent with the provisions of generally applicable law, the provisions of the Terms and Conditions, as well as good practices.
5. The Service Provider is entitled to delete an Account that remains inactive (there is no activity on it) for a period exceeding 12 months, from the date of its creation. The Service Provider shall inform the Service Recipient about the deletion of the Account by e-mail within 7 days from the date of deletion of the Account.
6. The Service Provider archives and stores the data of the deleted Account, regardless of the basis for deletion, for a period of 1 month.
7. At the request of the Service Recipient, the Service Provider may restore the previously deleted Account, regardless of the basis for deletion, if the Service Recipient submits the request within 7 days from the date of deletion of the Account and the Service Provider agrees to it. The application should be submitted by e-mail to contact@flarefact.com.
8. In the event of technical problems related to the functioning of the Application, the Service Recipient may report them by e-mail to the following address: contact@flarefact.com.
9. The Service Recipient using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider shall not be liable for the consequences of providing false or incomplete data by the Service Recipient.
10. If an activity in the Application is performed by a natural person acting on behalf of the Service Recipient who is not a natural person, the performance of such an action is tantamount to the submission by the natural person performing such an activity of a statement that he or she is authorized to represent the Service Recipient. The Service Provider is entitled to require such a natural person to submit proof of their authorization to represent the Service Recipient, in particular a power of attorney document or an extract from the relevant register.
11. In particular, the following shall be considered a violation of the Regulations:
    1. provision of illegal content by the Service Recipient;
    2. the Service Recipient's use of the services contrary to their intended purpose;
    3. providing false or incomplete data by the Service Recipient;
    4. performance by a natural person of actions on behalf of the Service Recipient despite the lack of authorization to represent the Service Recipient.
12. In the event of a violation of the Terms and Conditions, the Service Provider may call on the Service Recipient to remove it and set a deadline of not less than 7 (seven) days for this purpose.
13. If the Service Recipient fails to remove the violation of the Terms and Conditions – the Service Provider has the right to block access to the Application until the violation referred to in section 12 is removed.
14. Any statements, summons, notifications and information referred to in the Terms and Conditions may be sent by e-mail, unless a specific provision of the Terms and Conditions provides otherwise.

§ 5. Service Provision Agreement

1. On the basis of the Service Provision Agreement, the Service Provider enables the Service Recipient (to the extent resulting from the selected variant in the Price List) to use the functionalities of the Application, including in particular:
   1. the ability to carry out fact-checking in specific configurations;
   2. the ability to verify data through an AI model;
   3. API access;
   4. the possibility of individual integration;
   5. access to a social group.
2. In order to conclude the Service Provision Agreement, the Service Recipient should perform the following actions:
   1. go to the website of the Application and go and select the "Sign up" option;
   2. fill in the required data in the displayed form;
   3. it is mandatory to tick the checkbox next to the declaration of reading the Terms and Conditions and the Privacy Policy and accepting their provisions;
   4. click on the "Create account" option;
   5. click on the activation link sent by e-mail to the e-mail address provided by the Service Recipient;
   6. launch the Application via the activation link;
   7. select the appropriate variant from the Price List (free or paid) and in the case of a paid option, make the payment by using the "Order and pay" button.
3. The use of the Application requires registration, creation of an Account and confirmation of registration electronically (using an e-mail received from the Service Provider – activation link).
4. The account is created along with the selection of the appropriate option from the Price List. Selection of a variant from the Price List is tantamount to the conclusion by the Service Recipient of the Service Agreement in the variant selected by the Service Recipient in accordance with the Price List.
5. The Service Agreement is concluded for an indefinite period of time.
6. The Service Provider informs, and the Service Recipient acknowledges, that maintaining the compliance of the Service with the Service Provision Agreement does not require the installation of its updates.
7. The provisions of sections 8-13 apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
8. If the Service Recipient is not granted access to the Service immediately after the conclusion of the Service Provision Agreement, the Service Recipient calls on the Service Provider to immediately grant access to the Service. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 5 point 1 of the Regulations. If the Service Provider does not grant the Service Recipient access to the Service immediately after receiving the request referred to in the preceding sentence, the Service Recipient may withdraw from the Service Delivery Agreement.
9. Notwithstanding the provisions of section 9 above, in the event of failure to provide the Service Recipient with access to the Service, the Service Recipient may withdraw from the Service Agreement without calling the Service Provider to grant access to the Service, if at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act occurs.
10. Notwithstanding the provisions of sections 9-10 above, the Service Recipient may terminate the Service Agreement by deleting their Account in the Application on their own or by submitting an order to delete their Service Provider Account, by sending an appropriate information to the address § 1 section 5 point 1 of the Terms and Conditions.
11. The Service Recipient shall withdraw from the Service Agreement or terminate it, regardless of the basis for this action, by submitting to the Service Provider a statement of withdrawal from the Service Agreement or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 5 point 1 of the Regulations.
12. If the Service Recipient violates the provisions of the Terms and Conditions and fails to remedy this breach despite receiving a notice, the Service Provider may terminate the Service Agreement with a notice period of 7 (seven) days, by submitting a notice of termination to the Service Recipient by e-mail. After the expiry of the notice period indicated in the preceding sentence, the Service Provider shall suspend the provision of the Service. During the notice period, the Service Provider may block the Service Recipient's access to the Service of using the Application if it is necessary to prevent further violations by the Service Recipient.
13. The Service Provider deletes the Account immediately after receiving the statement referred to in section 12 above or after the expiry of the notice period referred to in section 13 above.

§ 6. Fees and Billing

1. The prices of services in the Price List are expressed in United States Dollars and constitute a net value and do not include VAT. In the case of payment, the appropriate VAT rate will be added to the Subscription Fee.
2. Unless a specific provision of the Terms and Conditions or individual arrangements with the Service Provider provide otherwise, all payments due to the Service Provider are made by the Service Recipient using the integrated payment systems made available within the Application.
3. For the provision of Services, the Service Recipient is obliged to pay the Subscription Fee according to the amounts indicated in the Price List. Changes in the prices indicated in the Price List are announced in the Application and via email to the Service Recipient and do not constitute changes to these Terms and Conditions.
4. In the case of the payment referred to in section 2, the date of payment shall be the date on which the amount of the Subscription Fee due for the Service is credited to the Service Provider's bank account. After the payment is credited to the payment systems, the Service Provider sends to the Service Recipient's e-mail address information about granting access to the Application along with a VAT invoice.
5. The Subscription Fee is paid automatically, cyclically in advance every month, on the dates referred to in section 2 and in the Price List, resulting from the date of conclusion of the Service Provision Agreement.
6. Failure to pay the Subscription Fee by the Service Recipient will result in the suspension of access to the Application's functionalities until the Subscription Fee is credited to the Service Provider's bank account.

§ 7. Price List

1. The current Price List is available at: https://flarefact.ai/.
2. The Price List may provide that a certain number of Services may be used by the Service Recipient free of charge.
3. The Service Provider may change the Price List at any time.
4. The change of the Price List does not in any way affect the amount of fees specified in the Service Agreements concluded before the change of the Price List.

§ 8. Complaints – Consumers and Entrepreneurs with Consumer Rights

1. The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.
2. The Service provided to the Service Recipient by the Service Provider must be in accordance with the Agreement applicable to it throughout the entire period of Service delivery.
3. The Service Provider shall be liable for the Non-Conformity disclosed during the period of provision of the Service.
4. In the event of revealing a Non-Conformity, the Service Recipient may file a complaint requesting that the Service be brought into compliance with the Agreement on its provision.
5. The complaint shall be submitted by e-mail to the address indicated in § 1 section 5 point 1 of the Regulations.
6. The complaint should include:
   1. the name and surname of the Service Recipient;
   2. e-mail address;
   3. a description of the disclosed Non-conformity;
   4. Request that the Service be brought into conformity with the Contract for its Provision.
7. The Service Provider may refuse to bring the Service into conformity with the Agreement for its provision if it is impossible or would require the Service Provider to incur excessive costs.
8. After considering the complaint, the Service Provider provides the Service Recipient with a response to the complaint, in which:
   1. acknowledges the complaint and indicates the planned date of bringing the Service into compliance with the Agreement for its provision;
   2. refuses to bring the Service into conformity with the Agreement for its provision for the reasons indicated in section 7 above;
   3. rejects the complaint due to its unfoundedness.
9. The Service Provider shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
10. If the complaint is accepted, the Service Provider at its own expense brings the Services into compliance with the Agreement for its provision within a reasonable time from the moment of receipt of the complaint and without excessive inconvenience to the Service Recipient, taking into account the nature of the service and the purpose for which it is used. The Service Provider indicates the planned date of bringing the Service into compliance with the Agreement for its provision in response to the complaint.
11. In the event of disclosure of Non-Conformity, the Service Recipient may submit to the Service Provider a statement of withdrawal from the Agreement when:
    1. bring the Service into conformity with the Agreement for its provision is impossible or requires excessive costs;
    2. The Service Provider has not brought the Service into compliance with the Agreement for its provision in accordance with section 10 above;
    3. The non-conformity persists even though Service Provider has attempted to bring the Service into conformity with the Service Provision Agreement;
    4. The non-compliance is so significant that it justifies withdrawal from the Agreement for the provision of the Service without prior demand from the Service Provider to bring the Service into conformity with the Service Provision Agreement;
    5. it is clear from the Service Provider's statement or circumstances that the Service Provider w ill not bring the Service into compliance with the Service Provision Agreement within a reasonable time or without undue inconvenience to the Service Recipient.
12. The statement of withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1 section 5 point 1 of the Terms and Conditions.
13. The statement of withdrawal from the Agreement should include:
    1. the name and surname of the Service Recipient;
    2. e-mail address;
    3. the date the Service was delivered;
    4. a description of the disclosed Non-conformity;
    5. indication of the reason for making the statement, selected from among the reasons indicated in section 11 above;
    6. a statement on price reduction, together with an indication of the reduced price or a statement on withdrawal from the Agreement.
14. In the event of the Service Recipient's withdrawal from the Service Provision Agreement, the Service Provider shall delete the Account immediately after receiving the statement of withdrawal from the Service Provision Agreement.
15. Pursuant to Article 34(1a) of the Consumer Rights Act, if the Service Recipient withdraws from the Service Provider's Agreement, the Service Recipient is obliged to cease using the Service and make it available to third parties.

§ 9. Complaints - Entrepreneurs

1. The provisions of this paragraph apply only to Entrepreneurs.
2. In the event of revealing non-compliance of the Service with the Terms and Conditions, the Service Recipient may file a complaint.
3. A complaint shall be submitted in writing or by e-mail to the address indicated in § 1 section 5 point 1 of the Regulations, no later than within 30 days from the date of disclosure of the non-compliance.
4. The complaint should include:
   1. the name of the Service Recipient;
   2. e-mail address;
   3. a description of the disclosed non-compliance of the Service with the Terms and Conditions.
5. The Service Provider may refuse to bring the Service into compliance with the Terms and Conditions if it is impossible or would require the Service Provider to incur excessive costs.
6. After considering the complaint, the Service Provider provides the Service Recipient with a response to the complaint, in which:
   1. accepts the complaint and indicates the planned date of bringing the Service into compliance with the Terms and Conditions;
   2. refuses to bring the Service into compliance with the Terms and Conditions for the reason indicated in section 4 above;
   3. rejects the complaint due to its unfoundedness.
7. The Service Provider shall respond to the complaint by e-mail within 21 (twenty-one) days from the date of its receipt. In particularly complicated cases, the deadline for responding to a complaint may be extended to 30 calendar days.

§ 10. Right to withdraw from the Agreement – Consumers and Entrepreneurs with Consumer rights

1. The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.
2. Pursuant to Article 27 et seq. of the Act on Consumer Rights, the Service Recipient has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion.
3. The Service Recipient exercises the right to withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Service Provider. In order to meet the deadline for withdrawal from the agreement, it is sufficient to send the statement before the expiry of the deadline referred to in section 2 above.
4. The statement of withdrawal from the Agreement may be submitted by the Service Recipient in any form, in particular on the form constituting Appendix No. 2 to the Act on Consumer Rights.
5. In the event of submitting a statement of withdrawal from the Agreement, the Service Provider shall immediately send the Service Recipient a confirmation of its receipt by e-mail.
6. In the event of the Service Recipient's withdrawal from the Service Agreement, the Service Provider shall delete the Account immediately after receiving the statement of withdrawal from the Agreement.

§ 11. Content and Opinions of the Service Recipient

1. The Service Recipient may send the Service Provider Opinions regarding the services provided by the Service Provider.
2. Opinion may be sent in any way, including by e-mail.
3. Sending a Opinion does not impose an obligation on the Service Provider to publish it.
4. A Opinion published by the Service Provider may be deleted by the Service Provider at any time.
5. It is forbidden to post the Service Recipient's Content and Opinions:
   1. containing false data, contrary to the law, the Regulations or good practices;
   2. Content that is intended to conduct activities that are prohibited by law, incite violence, hatred, or insult any group of individuals or individuals;
   3. containing content that may infringe personal rights, copyrights, right of image or other rights of third parties;
   4. contains advertising, promotional, political, religious, or discriminatory content;
   5. containing content promoting competitive activity against the Service Provider.
6. Any person using the Application (hereinafter: "Applicant") is entitled to report the Service Recipient's Content or Opinion that may violate the Terms and Conditions.
7. Registration can be made in the following ways:
   1. by e-mail to the following address: contact@flarefact.com
8. The report should include the following information:
   1. a sufficiently substantiated explanation of the reasons why the Service Recipient's Content or Opinion constitutes illegal content,
   2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the Service Recipient's Content or Opinion, according to its type and the functionality of the Application;
   3. the name and e-mail address of the Reporting Person, except for a report concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
   4. a statement confirming the Whistleblower's belief in good faith that the information and allegations contained therein are correct and complete.
9. Upon receipt of the request, the Service Provider sends the Applicant a confirmation of its receipt to the e-mail address indicated by the Applicant.
10. If the notification does not contain the elements indicated in section 8 above or contains errors, the Service Provider may request the Applicant to supplement or correct the notification within 14 days from the date of receipt of the above-mentioned request. If the Applicant fails to supplement or correct the application within the time limit indicated in the preceding sentence, the Service Provider may leave the application without consideration.
11. The Service Provider verifies the Service Recipient's Content or Opinion within 14 days from the date of receipt of a complete and correct report. As part of the verification activities, if necessary, we will ask the Applicant to send the necessary additional information or documents. Until the report is recognized, we may block the visibility of the Service Recipient's Content or Opinion.
12. After verifying the Application, the Service Provider:
    1. removes the Service Recipient's Content or the Opinion that violates the Terms and Conditions;
    2. restores the Service Recipient's Content or Opinion that does not violate the rules resulting from the Terms and Conditions (if its visibility has been blocked at the stage of verification of the Application),
    giving the reasons for our decision.
13. In the event of removal of the Service Recipient's Content or Opinion, the Service Provider shall immediately notify both the Applicant and the Service Recipient who published the removed Service Recipient's Content or Opinion, stating the justification for its decision.
14. The justification of the Service Provider's decision includes:
    1. an indication whether the decision includes the removal of the Service Recipient's Content/Opinion, blocking its visibility, depositioning or imposes other measures referred to in the Terms and Conditions in relation to this Opinion and, where applicable, the territorial scope of the decision and its duration;
    2. the facts and circumstances on which the decision was made, including, where applicable, whether the decision was made on the basis of a report made by the Applicant or on the basis of voluntary verification activities carried out at the initiative of the Service Provider and, where strictly necessary, the identity of the Applicant;
    3. where applicable, information on the use of automated means in decision-making, including whether a decision was made in relation to the Service Recipient's Content/Opinions detected or identified using automated tools;
    4. if the decision relates to potentially prohibited Service Recipient Content/Opinion, an indication of the legal basis or contractual basis on which the decision is based and an explanation of the reasons why the Opinion is considered unlawful on this basis;
    5. clear and friendly information for the Service Recipient and the Applicant on their options to appeal against the decision.
15. The Service Recipient whose Service Recipient's Content or Opinion has been removed or the Applicant whose Service Provider refuses to remove the reported Service Recipient's Content/Opinion may appeal against the Service Provider's decision.
16. An appeal can be filed in the following ways:
    1. by e-mail – to the following address: contact@flarefact.com
    2. in writing, preferably by registered mail — to the following address: ul. Gawrzyłowska 44, 39-200 Dębica
17. The appeal should include:
    1. name and surname or name of the appellant,
    2. contact details (e-mail address, correspondence address),
    3. a detailed justification why, in the appellant's opinion, why the Service Provider's decision is erroneous and should be changed.
18. The Service Provider shall immediately confirm receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.
19. Appeals are considered within 14 days from the date of their receipt by an authorized team of the Service Provider (these activities will not be carried out in an automated manner, without human participation).
20. The Service Provider notifies the appellant of the decision made as a result of considering the appeal by e-mail, and if at the same time it considers the reported content to be unlawful – it takes actions against it provided for in the Terms and Conditions.
21. Sending the Service Recipient's Content or Opinion is tantamount to the Service Recipient's declaration that the Service Recipient is its sole author. The Service Recipient shall be fully responsible for the Service Recipient's Content/Opinion and the consequences of its publication (including infringement of personal rights and intellectual property rights of third parties).
22. By sending the Service Recipient's Content/Opinion, the Service Recipient grants the Service Recipient a free, non-exclusive license to use it (hereinafter: "License").
23. The License is granted for an indefinite period of time (with the possibility of termination for two years in advance, effective at the end of the calendar year) and without territorial limitations, and covers the use of the Service Recipient's Content/Opinion in the following fields of exploitation:
    1. fixation and reproduction in any quantity, by any technique and in any format;
    2. dissemination in any way, by any means of communication, in particular by publication in the Application and in the Service Provider's social media.
24. The License entitles the Service Provider to modify the Opinion, if it is necessary to disseminate it in a specific way, without changing its essence and content.
25. The Licence authorises the Service Provider to grant further licences to any selected third parties to use the Opinion. Further licence referred to in the preceding sentence may be granted by the Service Provider for a fee or free of charge.
26. The Service Recipient undertakes not to exercise moral rights vested in them in relation to the Service Recipient's Content/Opinion (including the right to mark the authorship of the Service Recipient's Content/Opinion and the right to supervise the use of the Service Recipient's Content/Opinion) and authorizes the Service Provider to exercise these rights on behalf of the Service Recipient.
27. Notwithstanding the provisions of sections 1-26 above, the Service Recipient grants the Service Provider a free, non-exclusive license to use the Service Recipient's name and logo (hereinafter: "Logo").
28. The license referred to in section 27 above is granted for an indefinite period of time (with the possibility of termination for two years in advance, effective at the end of the calendar year) and without territorial limitations, and includes the use of the Logo in the following fields of use:
    1. fixation and reproduction in any quantity, by any technique and in any format;
    2. dissemination in any way, by any means of communication, in particular by publication in the Application and in the Service Provider's social media.

§ 12. Use of AI

1. The Service Recipient declares that he/she is fully aware that the Service Provider uses AI-based tools as part of the Application in the scope of, among others, fact-checking, providing sources, linking sources, intelligent suggestions and agrees to use the Application with AI-based functions.
2. The Service Recipient declares that they are fully aware that the use of AI-based tools referred to in section 1 may result in a lack of precision or incorrect information, as well as be characterized by other imperfections. The Service Provider clearly indicates that any information generated as part of the Application should not be the sole basis for action and business decisions.

§ 13. Responsibility

1. The Service Provider undertakes to provide the Services with due diligence.
2. The Parties exclude the rights resulting from the warranty in relation to the Entrepreneurs.
3. The Parties exclude the Service Provider's liability for lost profits of the Service Recipient, who is an Entrepreneur.
4. The Service Provider does not guarantee a specific level of performance, effectiveness or usability of the Application in relation to the specific needs and applications of the Service Recipient.
5. To the extent permitted by the provisions of the Civil Code and the Act on Consumer Rights, the Service Provider shall not be liable to the Service Recipients for the consequences of:
   1. use by Service Recipients any services or functionalities available within the Application contrary to their intended purpose;
   2. providing incorrect or false data by Service Recipients;
   3. make a decision solely on the basis of information generated by the Application;
   4. the effects of the use of data authorizing access to the Account by third parties, if these persons came into possession of such data as a result of their disclosure by the Service Recipient or as a result of their insufficient protection by the Service Recipient against access by such persons.
6. To the extent permitted by the provisions of the Civil Code and the Act on Consumer Rights, the Service Provider shall not be liable for disruptions in the functioning of the Application resulting from:
   1. force majeure;
   2. necessary conservation and modernization works carried out in the Application;
   3. reasons attributable to the Service Recipient;
   4. reasons beyond the Service Provider's control, in particular the actions of third parties, for which the Service Provider is not responsible.
7. The Service Provider undertakes to carry out the works referred to in section 6 point 2 above in a manner that is as least burdensome as possible for the Service Recipients and, if possible, to inform them in advance about the planned works.
8. The Service Provider undertakes, as far as possible, to remove disruptions in the functioning of the Application on an ongoing basis.

§ 15. Service Provider's Intellectual Property

1. All components of the Application, in particular:
   1. the name of the Application;
   2. the logo of the Application;
   3. photos and descriptions;
   4. the principles of operation of the Application, all its graphic elements, interface, software, source code and databases
   - are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including the provisions of European Union law.
2. Any use of the Service Provider's intellectual property without its prior, express permission, in violation of the Terms and Conditions is prohibited.

§ 17. Personal Data

Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: Privacy Policy.

§ 19. Changes to the Terms and Conditions

1. The Service Provider may amend the Terms and Conditions, among others, in the event of:
   1. change the Service Provider's business;
   2. the Service Provider commences the provision of new services, modifications of the services provided so far or ceases to provide them;
   3. make technical modifications to the Applications requiring adaptation of the provisions of the Terms and Conditions to them;
   4. legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal status.
2. The Service Recipient will be informed about the amendment to the Terms and Conditions by publishing their amended version in the IT System. Regardless of the amendment, the amended version of the Terms and Conditions will be sent to the Service Recipient by e-mail.
3. Agreements concluded before the amendment of the Regulations shall be governed by the provisions of the Regulations in force at that time.
4. The Service Recipient who does not agree to the amendment of the Terms and Conditions may terminate the Agreement for the provision of the Service of using the Application with immediate effect within 10 (ten) days from the date of receipt of information about the amendment to the Terms and Conditions. Failure to terminate shall be deemed to be consent to the amendment of the Terms and Conditions.

§ 20. Final Provisions

1. The current version of the Terms and Conditions is effective from 19/12/2025.
2. The Terms and Conditions are subject to Polish law. Any disputes under these Terms and Conditions shall be resolved through amicable negotiations, and if no agreement is reached – before a common court with jurisdiction over the registered office of the Service Provider.
3. In matters not covered by the Terms and Conditions, the provisions of generally applicable Polish law shall apply.