Terms of service for enterprise customers

These terms apply to institutional customers — companies, agencies and other businesses using Reklamuj under a purchase order, an individual quote or a framework agreement, in particular where payment is by invoice with a deferred due date.

If you create an account yourself on the website and pay by card for a plan from the price list, the Terms of service for online subscribers apply instead of this document.

1. The provider

Operator of the service

FUNGIES EUROPE prosta spółka akcyjna

Legal form

prosta spółka akcyjna (a Polish simple joint-stock company)

Registered office and address for correspondence

Aleje Jerozolimskie 109/70, 02-011 Warsaw, Poland

Registry court

District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register

KRS number

0001137340

NIP (tax identification number)

5214093272

REGON (statistical number)

540135615

Share capital

10 000,00 PLN

E-mail address

contact@reklamuj.ai

2. Scope and order of precedence

The terms of the engagement are set, in descending order of precedence, by:

1. a framework agreement or an individual quote accepted by the Customer,
2. an order form accepted by both parties,
3. these terms,
4. the price list and service documentation published on the site.

Where documents conflict, the higher-ranked one prevails to the extent of the conflict.

3. Status of the parties

A contract under these terms is not a consumer contract. The Customer confirms that it is entering into the contract directly in connection with its business or professional activity and that the contract is of a professional character for it. Accordingly, the provisions on the right of withdrawal from distance contracts do not apply, nor do the other rights available to consumers and to traders with consumer rights.

4. What the service is

We give the Customer a tool for generating product assets — photos, video, ad graphics, ad copy and crops in selected aspect ratios — from material the Customer supplies. The service is provided electronically, through a browser.

The scope of the service, the number of credits per billing period, the number of users and any additional features are set out in the order form.

4.1. User accounts

Where the order form provides for more than one user, the Customer manages access itself and is responsible for the acts of the people it grants access to as for its own. The Customer removes access promptly from people who cease to be authorised.

4.2. Use for the Customer’s own clients (agencies)

An agency may use the service to carry out work for its own client. In that case the agency is responsible to us for meeting the requirements of clause 6 in respect of its client’s material, and confirms that it is entitled to grant the sub-licence contemplated by clause 7.

5. Fees, invoices and payment

Fees are set out in the order form. Amounts are net and are increased by VAT at the rate applicable on the invoice date, unless the order form says otherwise.

Invoices are issued electronically. Payment is due within 14 days of the invoice date unless the order form provides another period. Payment is treated as made on the date our bank account is credited.

Late payment carries statutory interest for delay in commercial transactions. After an unsuccessful payment demand and a further 14 days, we may suspend the service until the arrears are cleared; suspension does not relieve the Customer of the obligation to pay for the billing period in which it occurred.

Credits attached to a billing period do not carry over to the next one unless the order form provides otherwise.

6. The Customer’s material

The Customer represents and warrants that it is entitled to supply us with input material and to have it processed as part of the service — in particular that it holds the copyright or the necessary licences, consents to the use of any person’s likeness, and the right to use any trade marks appearing in the material.

The Customer will indemnify us against, and cover our reasonable costs including legal costs arising from, third-party claims resulting from a breach of that representation, provided that we notify the Customer of the claim promptly and allow it to take part in the defence.

We use input material only to perform the contract and operate the service. We do not use it to train publicly available models without the Customer’s separate consent.

7. Rights to output material

The Customer receives a non-exclusive licence, unlimited in territory and time, to use output material commercially, including the right to modify it and create derivative works, and — in the case of an agency — the right to grant a sub-licence to its own client to the extent needed to carry out the work.

The licence survives the end of the contract in respect of material generated while it was in force.

The licence does not cover reselling output material itself as stock assets or listing it in stock libraries.

The Customer is responsible for output material matching the actual characteristics of the product shown, and for meeting the rules of the advertising and sales platforms on which it is published.

8. Limits of the technology; no guarantee of results

Output material is produced automatically using artificial intelligence models. We do not guarantee that every generation renders the product without error — fidelity depends on the quality of the input material. The Customer checks the material before publication.

We do not guarantee any particular sales result, conversion rate, click-through rate or reach.

9. Availability and support

We work to keep the service continuously available. An order form may set availability targets and support response times; absent such terms, support is provided by e-mail on business days with a first response within one business day.

We announce planned maintenance in advance. We are not liable for unavailability caused by circumstances beyond our control, including infrastructure provider outages and force majeure.

10. Liability

To the extent the law permits, our total liability to the Customer under and in connection with the contract is limited to the net fees the Customer paid in the 12 months before the event giving rise to the claim.

We are not liable for lost profits, loss of data occurring on the Customer’s side, loss of goodwill, or losses resulting from the Customer’s marketing decisions taken on the basis of output material.

These limits do not apply to damage caused intentionally or to liability that cannot lawfully be excluded or limited.

Statutory warranty liability (rękojmia) is excluded under Article 558 § 1 of the Polish Civil Code. This does not limit our liability for the conformity of the service with the contract on the terms set out in these terms and the order form.

11. Confidentiality

Each party will keep confidential the information it receives in connection with the contract that is marked confidential or whose confidential nature follows from its content — in particular commercial data, individually negotiated prices, input material and marketing plans.

This does not apply to information that is publicly known, obtained independently, or whose disclosure is required by law or by a lawful authority’s demand; in the last case the disclosing party informs the other party unless the law forbids it.

Confidentiality obligations apply during the contract and for three years after it ends.

12. Personal data

Each party is an independent controller of the personal data of the other party’s contact persons and processes it in order to perform the contract.

Where the Customer supplies personal data as part of its input material and the Customer is the controller of that data — in particular images of people — we process it as a processor, on the Customer’s documented instructions. In that case the parties enter into a data processing agreement meeting the requirements of Article 28 GDPR; we provide our template on request to contact@reklamuj.ai.

Other information about our processing of personal data is in the Privacy policy.

13. Term and termination

The contract runs for the period stated in the order form. Absent such a statement it runs for a one-month billing period and renews for further such periods unless either party terminates no later than 14 days before the current period ends.

Either party may terminate with immediate effect if the other is in breach of a material provision and does not remedy it within 14 days of being asked to.

When the contract ends the Customer loses access to the tool. On a request made before the contract ends we will make the generated files available for download for 30 days after it ends.

14. Changes to these terms

We will notify the Customer of changes to these terms by e-mail at least 30 days before they take effect. For contracts entered into before a change, the version in force on the date of the contract continues to apply until the end of the current billing period.

15. Final provisions

The Customer may not assign its rights and obligations under the contract without our written consent; this does not apply to assignment to an entity in the same group, of which the Customer notifies us in advance.

The invalidity of any provision does not affect the validity of the rest.

Neither party may use the other’s name or marks in marketing material without its consent; consent may be given by e-mail.

The contract is governed by Polish law. Disputes are heard by the court having jurisdiction over the Provider’s registered office.

16. Contact

Commercial, legal and technical matters: contact@reklamuj.ai, or by post to the registered address in clause 1.