Terms of service for online subscribers

These terms govern the use of reklamuj.ai and the app at app.reklamuj.ai by users who create an account and buy a subscription themselves, through the website. If you negotiate terms individually or buy against a purchase order and an invoice with deferred payment, the Enterprise terms apply instead.

By creating an account you accept these terms. Please read them — in particular clause 7 on the right of withdrawal and clause 6 on automatic renewal.

1. Definitions

Provider, we — the company identified in clause 2.
Site — the website at reklamuj.ai.
App — the tool at app.reklamuj.ai.
User, you — anyone using the Site or the App.
Account — the data and permissions attached to your e-mail address.
Credit — the unit you exchange for a generated asset. The current credit cost of each asset type is shown on the pricing page.
Input material — photos, descriptions, logos, links and other content you give us to process.
Output material — the image, video and text files generated from your Input material and your settings.
Plan — a subscription package (Starter, Growth, Scale) on the terms set out in the price list.
Consumer — a natural person entering into a contract not directly connected with their business or professional activity.
Trader with consumer rights — a sole trader entering into a contract directly connected with their business where, judging by its content, the contract is not of a professional character for them. Polish law gives this group most consumer protections.

2. 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

Full registration details are also in the Legal notice.

3. What the service is

We give you a tool with which you generate product assets yourself: photos, short video, ad graphics, ad copy and crops sized for marketplaces and social platforms. The service is provided electronically, on a subscription basis, through your browser — there is nothing to install.

The service is the provision of a tool, not the performance of a photo shoot. Output material is produced automatically by artificial intelligence models; our staff are not involved in creating individual files.

3.1. Technical requirements

You need a device with an internet connection, a current browser with JavaScript and cookies enabled, a working e-mail address and, for video, the ability to play MP4 files.

4. Account and free credits

Creating an account is free and does not require card details. On registration you receive 40 credits to start with, which you can spend on any asset the service offers — product photos, ad graphics and video — at the same credit rates as the paid Plans. Receiving them does not oblige you to buy a Plan and does not start a paid subscription.

You are responsible for keeping your login details confidential. If you suspect someone else has accessed your Account, tell us at contact@reklamuj.ai.

An Account belongs to one entity. You may not share it with third parties or resell access to it.

5. Credits

Credits are added to your Account at the start of each billing period, in the number your Plan provides. Credits attached to a billing period do not carry over to the next one unless the price list or an individual arrangement says otherwise.

A failed generation — one that returned no file because of a fault on our side — does not reduce your credit balance. A generation that returned a file you simply do not like aesthetically is a completed generation and the credit for it is spent. Try the tool on your free credits before you buy a Plan.

Credits are not a means of payment, cannot be exchanged for money and do not bear interest.

6. Prices, payment and renewal

Plan prices are shown on the pricing page in Polish zloty. For each Plan we show the monthly price and the monthly-equivalent price when paying a year up front.

The subscription renews automatically for the next billing period unless you cancel before the current one ends. You cancel in the Account panel or by e-mail. Cancellation takes effect at the end of the period you have paid for — you keep access until then and we take no further payment.

We may change Plan prices. We will tell you at least 30 days before a change takes effect, by e-mail to the address on your Account. The new price applies from the next billing period. If you do not accept it, you may cancel before it takes effect. A price change never applies to a period you have already paid for.

Invoices are issued electronically and sent to the e-mail address on your Account.

7. Right of withdrawal

This clause applies to Consumers and Traders with consumer rights.

You may withdraw from the contract within 14 days of entering into it, without giving a reason. Send a statement to contact@reklamuj.ai before that period ends. You may use the statutory model form, but you do not have to. We refund payment without undue delay and no later than 14 days after receiving your statement, by the same means you used to pay.

When the right of withdrawal is lost. Performance of the service begins when the tool is made available to you, and Output material is digital content supplied on a non-tangible medium. Accordingly:

if you expressly request that performance begin before the withdrawal period ends and acknowledge that you will thereby lose the right of withdrawal, you lose that right in respect of digital content already supplied to you, that is the files already generated (Article 38(1)(13) of the Polish Consumer Rights Act);
if the service is fully performed with your express consent, given after you were informed that you would lose the right of withdrawal, you lose that right (Article 38(1)(1) of that Act).

We collect that consent and acknowledgement in the App, before your first generation paid for out of a Plan. If you withdraw without having generated anything from the Plan, we refund the fee in full. If you generated some assets, we refund the fee less a proportionate amount for the credits you used.

You do not have to return or delete anything after withdrawing — files you generated before withdrawing stay covered by the licence in clause 9.

8. Input material

You confirm that you are entitled to give us your Input material and that our processing of it will not infringe third-party rights — in particular copyright, trade mark rights, rights to a person’s likeness, and trade secrets.

You must not submit material that:

infringes third-party rights or the law,
contains the likeness of a person who has not consented to its use,
concerns products whose advertising is prohibited or restricted, where the intended use would breach those restrictions,
is discriminatory, incites violence, is pornographic, or misleads as to a material characteristic of a product.

We use Input material only to carry out your request and to operate the service. We do not use it to train publicly available models without your separate consent.

9. Licence to Output material

When an Output material file is generated we grant you a non-exclusive licence, unlimited in territory and time, to use it commercially — in particular in your online shop, on marketplaces, in paid advertising and on social platforms — including the right to modify it and create derivative works.

The licence also covers use after your subscription ends. Cancelling does not take away your right to files generated while it was running.

The licence does not cover:

reselling Output material itself as stock assets or listing it in stock libraries,
presenting Output material as a photograph taken by a human where doing so would mislead the recipient as to a material characteristic of goods or services,
any use suggesting that a product has properties it does not have.

You are responsible for Output material matching the actual appearance and properties of the product you sell, and for meeting the rules of the platforms you publish it on.

10. Limits of the technology

Output material is produced automatically. The model reproduces a product’s shape, colour and markings from your Input material, and how faithful the result is depends on the quality of that material, the number of shots and the conditions they were taken in. We do not guarantee that every generation renders the product without error, so check the file before you publish it.

We do not guarantee any particular sales result, conversion rate, click-through rate or reach. The ROI calculator on the Site is an estimate based on average market rates, which we disclose on the same page.

11. Availability

We work to keep the service running without interruption. Maintenance windows are possible; where planned, we announce them in advance by e-mail or in the App. We are not liable for interruptions caused by circumstances beyond our control, including infrastructure provider outages and force majeure.

12. Conformity with the contract, and complaints

We are liable for the conformity of the digital service and digital content with the contract on the terms set out in the Polish Consumer Rights Act, which implements Directive (EU) 2019/770. If the service does not conform, you may require us to bring it into conformity and, in the cases the Act specifies, seek a price reduction or withdraw from the contract.

Send complaints to contact@reklamuj.ai. Describe the problem, give the e-mail address on your Account and, where you can, attach the file or a screenshot. We reply within 14 days of receiving a complaint. Failure to reply within that period means the complaint is upheld.

12.1. Out-of-court dispute resolution

A Consumer may use out-of-court routes for handling complaints and pursuing claims, in particular:

applying to the permanent arbitration court attached to the regional Trade Inspection inspector for a ruling,
applying to the regional Trade Inspection inspector to open mediation,
seeking free assistance from a district or municipal consumer ombudsman, or from a social organisation whose statutory tasks include consumer protection.

These routes are voluntary and require both parties to agree.

13. Liability

Towards Consumers and Traders with consumer rights our liability follows the general rules of law; nothing in these terms limits it.

Towards other Users, to the extent the law permits, our liability is limited to the fees that User paid in the 12 months before the event and excludes lost profits. That limit does not apply to damage caused intentionally or to liability that cannot lawfully be excluded.

14. Termination by us

We may suspend or delete an Account if you breach clause 8 or 9, use the service in a way that threatens its stability or security, or act to the detriment of other Users. Before suspending we will ask you to stop and give you a deadline, unless the breach is flagrant or continuing to provide the service would expose us to liability.

If we delete an Account on those grounds we refund the fee for the unused part of the subscription, in proportion to the credits left unused.

15. Changes to these terms

We may change these terms for a legitimate reason — in particular a change in the law, in the scope of the service or in how it is provided. We will tell you by e-mail at least 14 days before a change takes effect. If you do not accept it, you may terminate with effect from the date the change takes effect. For contracts entered into before a change, the previous version continues to apply where the change would put you in a worse position.

16. Personal data

How we handle personal data is described in the Privacy policy. Cookies and similar technologies are covered in the Cookies policy.

17. Governing law and jurisdiction

The contract is governed by Polish law. Choosing Polish law does not deprive a Consumer of the protection of mandatory provisions of the law of their country of habitual residence.

Disputes with Consumers and Traders with consumer rights are heard by the court having jurisdiction under general rules. Disputes with other Users are heard by the court having jurisdiction over the Provider’s registered office.

18. Contact

For anything at all: contact@reklamuj.ai, or by post to the registered address in clause 2.