> ## Documentation Index
> Fetch the complete documentation index at: https://docs.pixdeliver.com/llms.txt
> Use this file to discover all available pages before exploring further.

# Terms of Service

> Terms of Service for the PixDeliver application — a platform for creating and sharing photo galleries.

<Note>
  This is a machine translation provided for your convenience. Only the original Polish version is legally binding. In the event of any discrepancy, the Polish text prevails: [Polish original](/sekcja-prawna/regulamin).
</Note>

*Effective from June 1, 2026.*

## § 1. General provisions

1. These Terms of Service (hereinafter: the "Terms of Service") set out the rules and conditions for using the "PixDeliver" application, available at pixdeliver.com (hereinafter: the "Application"), as well as the services provided by the Service Provider.
2. The Application is used to create photo galleries, share them with clients via an individual link (optionally password-protected or shared in a paid mode in which clients see previews marked with a Watermark), receive their selection of photos and Purchase Requests, and make galleries available under the Customer's own subdomain or custom domain. The Application is intended for both businesses and consumers.
3. These Terms of Service constitute the terms of service referred to in Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (hereinafter: the "Act on Providing Services by Electronic Means").
4. The service provider is Patryk Imioła, conducting business under the name RADES Patryk Imioła (address of the fixed place of business: Pukinin 64, 96-200 Rawa Mazowiecka), entered in the Central Register and Information on Business Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej) maintained by the minister responsible for the economy, holding NIP: 8351621849 and REGON number: 541792841 (hereinafter: the "Service Provider").
5. The Service Provider may be contacted via:
   1. electronic mail – at: [info@pixdeliver.com](mailto:info@pixdeliver.com),
   2. traditional mail – at: Pukinin 64, 96-200 Rawa Mazowiecka.
6. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: the "DSA"), the Service Provider has designated a single point of contact for direct communication with the authorities of EU Member States, the European Commission, the European Board for Digital Services, and Customers of the Application in matters covered by the DSA. The point of contact is available at: [info@pixdeliver.com](mailto:info@pixdeliver.com). Communication with the point of contact is possible in Polish or English.
7. Before starting to use the Application, the Customer is required to read the Terms of Service and the Privacy Policy.

## § 2. Definitions

The capitalized terms used in the Terms of Service have the following meanings:

1. **Price List** – a document or information specifying the current price of the Service, the Access Period, the variant of its operation, and other conditions indicated therein,
2. **Gallery** – a collection of photos created and shared by the Customer within the Application via an individual link (optionally password-protected),
3. **Consumer** – a natural person performing a legal act with the Service Provider that is not directly related to that person's business or professional activity,
4. **Account** – a panel created within the IT system of the Application that enables the Customer to use its functionalities,
5. **Non-conformity** – the non-conformity of the Service of using the Application with the Agreement on the use of the Application (the criteria for assessing the conformity of the Service with the Agreement on its supply are set out in Article 43k(1)-(2) of the Act on Consumer Rights),
6. **Access Period** – the period for which the Service Provider makes the Service available to the Customer in accordance with the Price List (in particular, the validity period of a paid Gallery or the term of the annual Studio plan),
7. **Fee** – the fee paid by the Customer in advance in exchange for the Service, determined in accordance with the Price List in force at the time the Service is ordered,
8. **Privacy Policy** – the document containing information about the processing of Customers' personal data by the Service Provider,
9. **Business Customer** – a natural person, legal person, or organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal act directly related to its business or professional activity,
10. **Sole Trader with Consumer Rights** – a natural person concluding an Agreement directly related to that person's business activity, where it is apparent from the content of that Agreement that it does not have a professional character for that person, resulting in particular from the subject matter of the business activity they conduct, made available on the basis of the regulations on the Central Register and Information on Business Activity,
11. **Terms of Service** – the term defined in § 1(1) of the Terms of Service,
12. **Customer Content** – any data (including personal data), electronic files (in particular photos), information, and materials saved by the Customer on the Account or in a Gallery,
13. **Agreement** – an agreement for the supply of a digital service within the meaning of the Act on Consumer Rights, pursuant to which the Service Provider undertakes to supply to the Customer the Service of using the Application in accordance with the selected Price List variant; creating an Account is free of charge, and the use of paid functionalities (creating and sharing a Gallery or activating the annual Studio plan) requires payment of a Fee,
14. **Service of Using the Application/Service** – a digital service within the meaning of the Act on Consumer Rights, consisting in the Service Provider enabling the Customer to use the functionalities of the Application,
15. **Customer** – a client (Business Customer or Consumer) using the Application,
16. **Service Provider** – the term defined in § 1(4) of the Terms of Service,
17. **Act on Consumer Rights** – the Act of 30 May 2014 on Consumer Rights (Ustawa o prawach konsumenta),
18. **Act on Providing Services by Electronic Means** – the term defined in § 1(3) of the Terms of Service,
19. **User** – a person using the Application who is a Consumer,
20. **Gallery Recipient** – a person to whom the Customer makes a Gallery available (in particular, the Customer's client or another person visiting the Gallery via the shared link); a Gallery Recipient is not a party to the Agreement concluded with the Service Provider,
21. **Gallery Delivery Mode** – the method selected by the Customer for sharing photos with Gallery Recipients: free (Recipients download the originals), paid with purchase of the entire Gallery, or paid with purchase of individual photos; in paid modes, Recipients see only previews marked with a Watermark until the photos are unlocked by the Customer,
22. **Purchase Request** – a request submitted by a Gallery Recipient via the Application regarding the purchase of the entire Gallery or selected photos in a paid Gallery Delivery Mode; the settlement and execution of such a transaction take place outside the Application, on the terms set out in § 18 of the Terms of Service,
23. **Watermark** – a semi-transparent, repeated marking applied to photo previews in paid Gallery Delivery Modes, intended to hinder the use of photos before they are paid for and unlocked.

## § 3. Technical requirements, rules for using the services, and security

1. For the Customer to properly use the services provided by the Service Provider through the Application, all of the following are necessary:
   1. a connection to the Internet,
   2. devices that allow the use of Internet resources, together with a current version of a web browser with JavaScript enabled,
   3. an active electronic mail account.
2. Within the Application, Customers are prohibited from using viruses, bots, worms, or other computer code, files, or programs (in particular, scripts and applications that automate processes, or other code, files, or tools).
3. The Service Provider informs that it uses cryptographic protection of electronic transfers and digital content by applying appropriate logical, organizational, and technical measures, in particular to prevent third parties from accessing data, including through SSL encryption, the use of access passwords, and anti-virus or anti-malware programs.
4. The Service Provider informs that, despite the use of the safeguards referred to in paragraph 3 above, the use of the Internet and of electronically supplied services may be at risk of malicious software reaching the IT system and device of the Customer, or of third parties gaining access to the data on that device. In order to minimize the aforementioned risk, the Service Provider recommends using anti-virus programs or measures protecting identification on the Internet.
5. Creating and maintaining an Account is free of charge. The use of the Application's paid functionalities (creating and sharing a Gallery and the annual Studio plan) is subject to a charge, in accordance with the Price List.
6. A Customer using the services provided by the Service Provider is required to provide only data (including personal data) that is consistent with the actual state of affairs. The Service Provider is not liable for the consequences of the Customer providing untrue or incomplete data.
7. Only persons who are at least 18 years of age and have full legal capacity, as well as Business Customers, may use the Application.
8. The Application is intended for creating and sharing photo galleries related to photography activities (in particular, photos from events, client sessions, and portfolios). Use of the Application should be consistent with this intended purpose.
9. The following are prohibited in particular:
   1. using the Application as a general file storage or backup service,
   2. large-scale storage of content unrelated to photography,
   3. circumventing the limits resulting from the selected Price List variant,
   4. automated downloading of content from the Application (scraping), as well as bulk uploading or downloading of files that goes beyond the normal manner in which a photographer uses the Application,
   5. accessing the Application via bots without the prior consent of the Service Provider.
10. The annual Studio plan is subject to a total limit of 500 GB of storage space per account. This limit refers to the aggregate space occupied by all Galleries within the account — individual Galleries do not have separate space limits. The plan is not intended for archiving data unrelated to photography or for operating content redistribution platforms.
11. The Service Provider may monitor usage patterns of the Application (without access to the content of the photos) in order to detect violations of the rules referred to in paragraphs 8-10 above.
12. In the event of a violation of the rules referred to in paragraphs 8-10 above, the Service Provider will notify the Customer and set a reasonable deadline for bringing their use into compliance with the rules. In the absence of a response, the Service Provider may suspend the Account or restrict access to the Gallery.

## § 4. Agreement for the supply of the Service

1. On the basis of the Agreement, the Service Provider enables the Customer (to the extent resulting from the variant selected in the Price List) to use the functionalities of the Application.
2. Using the Application requires registration and creation of an Account. Creating an Account is free of charge. To create an Account, the Customer should:
   1. visit the Application's website and select the option "Sign up" or "Create a free account",
   2. complete the required data in the displayed form (first and last name, email address, and password),
   3. check the mandatory checkbox next to the statement confirming that they have read and accepted the provisions of the Terms of Service and the Privacy Policy,
   4. click the "Create account" button,
   5. click the activation link sent by email to the email address provided by the Customer.
3. Clicking the activation link is tantamount to creating an Account and concluding a free-of-charge agreement for maintaining the Account.
4. Alternatively, the Customer may create an Account using their Google account. When choosing this method, the Customer is informed that registration constitutes acceptance of the Terms of Service and the Privacy Policy (with a reference to these documents) and then confirms the registration via Google.
5. Creating an Account does not entail any obligation to purchase. The use of paid functionalities (creating and sharing a Gallery or activating the annual Studio plan) requires selecting a variant in the Price List and paying the Fee.
6. In order to conclude a paid Agreement, the Customer, after logging in, selects a variant from the Price List (a Gallery or the annual Studio plan), then clicks the "Proceed to purchase" option and is redirected to the page of the payment operator (Stripe), where they make the payment.
7. Successful payment is tantamount to concluding a paid Agreement on the terms described in the variant selected in the Price List. The Service (access to the paid Gallery or to the features of the annual Studio plan) is made available immediately after the payment is credited.
8. The Service Provider informs, and the Customer acknowledges, that maintaining the conformity of the Service of using the Application with the Agreement on the use of the Application does not require the Customer to install updates to it.
9. The provisions of paragraphs 10-15 below apply only to Customers who are Consumers or Sole Traders with Consumer Rights.
10. In the event that the Customer is not granted access to the Service immediately after the conclusion of the Agreement, the Customer shall call upon the Service Provider to grant access to the Service without delay. The demand referred to in the preceding sentence may be sent by electronic mail to the address indicated in § 1(5)(1) of the Terms of Service. In the event that the Service Provider does not grant the Customer access to the Service immediately after receiving the demand, the Customer may withdraw from the Agreement.
11. Notwithstanding the provisions of paragraph 10 above, in the event that the Customer is not granted access to the Service, the Customer may withdraw from the Agreement without calling upon the Service Provider to grant access to the Service, if at least one of the cases indicated in Article 43j(5) of the Act on Consumer Rights occurs.
12. Notwithstanding the provisions of paragraphs 10-11 above, the Customer may terminate the Agreement by deleting their Account in the Application themselves or by submitting an instruction to the Service Provider to delete their Account, by sending the relevant information to the address indicated in § 1(5)(1) of the Terms of Service.
13. The Customer's withdrawal from the Agreement or its termination, regardless of the basis for this action, takes place by submitting to the Service Provider a statement of withdrawal from the Agreement or its termination. The statement referred to in the preceding sentence may be sent by electronic mail to the address indicated in § 1(5)(1) of the Terms of Service.
14. In the event of the Customer's violation of the provisions of the Terms of Service and failure to remedy this violation despite receiving a demand, the Service Provider may terminate the Agreement subject to a notice period of 7 (seven) days, by submitting to the Customer a statement of termination by electronic mail. After the notice period expires, the Service Provider ceases supplying the Service. During the notice period, the Service Provider may block the Customer's access to the Service of using the Application if this is necessary to prevent the Customer from committing further violations.
15. The Service Provider deletes the Account immediately after receiving the statement referred to in paragraph 13 above, or after the notice period referred to in paragraph 14 above expires. Deletion of the Account is tantamount to the archiving of all Customer Content saved on it, followed by its deletion – after the archiving period ends.
16. The Customer has the right at any time to download the photos they have uploaded in their original quality (individually or the entire Gallery in a ZIP file), as well as the created Gallery descriptions. Upon a request submitted to the address indicated in § 1(5)(1) of the Terms of Service, the data is made available within 30 days of the submission of such a request.

## § 5. Fees and settlements

1. The prices of the Services indicated in the Price List are given in Polish zloty (PLN) or in euro (EUR), depending on the selected language version of the Application. The Service Provider benefits from a subject exemption from value added tax pursuant to Article 113(1) of the Act of 11 March 2004 on Goods and Services Tax, and therefore the prices do not include VAT, and no VAT is added to the Fee. The indicated prices are final prices.
2. Unless a specific provision of the Terms of Service or individual arrangements with the Service Provider provide otherwise, all payments due to the Service Provider are made by the Customer using the payment systems made available within the Application (payment operator: Stripe; available methods include in particular BLIK and payment cards).
3. For the provision of the Services, the Customer is obliged to pay the Fee in the amounts indicated in the Price List. Changes to the prices indicated in the Price List are announced in the Application and do not constitute amendments to these Terms of Service.
4. In the case of the payment referred to in paragraph 2, the day of payment is deemed to be the day on which the amount of the Fee due for the Service is credited. After the payment is credited within the payment systems, the Service Provider sends information about the granting of access to the Service to the Customer's email address. The Service Provider issues a collective invoice documenting the Fees paid by a given Customer in a given calendar month no later than the 15th (fifteenth) day of the month following the month in which the payment was made, and sends it to the Customer's email address and to the KSeF system.
5. Failure by the Customer to pay the Fee results in access to the Application's paid functionality not being granted or being withheld, until the Fee reaches the Service Provider's account.
6. The Fee is payable in advance and is non-refundable, subject to the mandatory rights of the Consumer and the Sole Trader with Consumer Rights (in particular those resulting from § 7 and § 9 of the Terms of Service) and cases in which the Service was not made available for reasons attributable to the Service Provider. In particular, the early deletion of a Gallery by the Customer or the cessation of use of the Service before the end of the Access Period does not entitle the Customer to a refund of the Fee.
7. The Access Period for a paid Gallery is 1 (one) year from the date of payment. Under the annual Studio plan, Galleries remain active for the term of the plan. The Service Provider informs the Customer of the approaching end of the Access Period.
8. If the Customer simultaneously holds a paid Gallery and the annual Studio plan, the Gallery remains active until the end of the longer of these periods.
9. After the end of the Access Period (in particular, after the validity of a paid Gallery expires or after the annual Studio plan ends and is not renewed), the Gallery becomes publicly unavailable. § 12(9)-(10) of the Terms of Service applies to the storage and deletion of data after the end of the Agreement.

## § 6. Price List

1. The current Price List is available on the Application's website.
2. The Price List may provide that certain functionalities are available free of charge (in particular, creating and maintaining an Account and a free subdomain).
3. The Service Provider may change the Price List at any time.
4. A change to the Price List in no way affects the amount of fees specified in Agreements concluded before the change to the Price List.
5. Under the annual Studio plan, the Customer may make Galleries available under their own domain (e.g. galeria.twojestudio.pl) instead of under the primary address or a subdomain. Configuring a custom domain requires the Customer to have the right to that domain and, themselves (or using the automatic DNS configuration mechanism made available in the Application), to enter the required records with their DNS provider. The Customer bears sole responsibility for the right to the domain and for using it lawfully. Adding a custom domain does not result in the loss of a previously set subdomain, which remains available as a backup address.

## § 7. Complaints – Consumers and Sole Traders with Consumer Rights

1. The provisions of this section apply only to Consumers and Sole Traders with Consumer Rights.
2. The Service supplied to the Customer by the Service Provider must be in conformity with the Agreement concerning it throughout the entire period during which the Service is supplied.
3. The Service Provider is liable for any Non-conformity revealed during the period of supply of the Service.
4. In the event that a Non-conformity is revealed, the Customer may submit a complaint containing a demand to bring the Service into conformity with the Agreement on its supply.
5. The complaint is submitted by electronic mail to the address indicated in § 1(5)(1) of the Terms of Service.
6. The complaint should contain:
   1. the Customer's first and last name,
   2. an email address,
   3. a description of the revealed Non-conformity,
   4. a demand to bring the Service into conformity with the Agreement on its supply.
7. The Service Provider may refuse to bring the Service into conformity with the Agreement on its supply if this is impossible or would require the Service Provider to incur excessive costs.
8. After considering the complaint, the Service Provider provides the Customer with a response to the complaint, in which it:
   1. acknowledges the complaint and indicates the planned deadline for bringing the Service into conformity with the Agreement on its supply,
   2. refuses to bring the Service into conformity with the Agreement on its supply for the reasons indicated in paragraph 7 above,
   3. rejects the complaint on the grounds that it is unfounded.
9. The Service Provider responds to the complaint by electronic mail within 14 (fourteen) days of receiving it.
10. In the event that the complaint is acknowledged, the Service Provider, at its own expense, brings the Service into conformity with the Agreement on its supply within a reasonable time from receipt of the complaint and without significant inconvenience to the Customer, taking into account the nature of the service and the purpose for which it is used. The Service Provider indicates the planned deadline for bringing the Service into conformity with the Agreement on its supply in its response to the complaint.
11. In the event that a Non-conformity is revealed, the Customer may submit to the Service Provider a statement on a price reduction or on withdrawal from the Agreement, where:
    1. bringing the Service into conformity with the Agreement on its supply is impossible or requires excessive costs,
    2. the Service Provider has not brought the Service into conformity with the Agreement on its supply in accordance with paragraph 10 above,
    3. the Non-conformity continues to exist, even though the Service Provider has tried to bring the Service into conformity with the Agreement on its supply,
    4. the Non-conformity is significant enough to justify withdrawal from the Agreement on the supply of the Service without first demanding that the Service Provider bring the Service into conformity with the Agreement on its supply,
    5. it is clear from the Service Provider's statement or from the circumstances that the Service Provider will not bring the Service into conformity with the Agreement on its supply within a reasonable time or without significant inconvenience to the Customer.
12. The statement on withdrawal from the Agreement or on a price reduction may be submitted by electronic mail to the address indicated in § 1(5)(1) of the Terms of Service.
13. The statement on withdrawal from the Agreement should contain:

    1. the Customer's first and last name,
    2. an email address,
    3. the date the Service was supplied,
    4. a description of the Non-conformity,
    5. an indication of the reason for submitting the statement, selected from among the reasons indicated in paragraph 11 above,
    6. a statement on the price reduction, together with an indication of the reduced price, or a statement on withdrawal from the Agreement.

    In the event of the Customer's withdrawal from the Agreement, the Service Provider deletes the Account immediately after receiving the statement of withdrawal from the Agreement.
14. The reduced price must remain in such proportion to the price resulting from the Agreement as the value of the Service that is not in conformity with the Agreement remains to the value of the Service that is in conformity with the Agreement. The Service Provider refunds to the Customer the amounts due as a result of exercising the right to a price reduction without delay, no later than within 14 (fourteen) days of receiving the statement on the price reduction.
15. Pursuant to Article 34(1a) of the Act on Consumer Rights, in the event of the Customer's withdrawal from the Agreement on the supply of the Service, the Customer is obliged to cease using that Service and making it available to third parties.

## § 8. Complaints – Business Customers

1. The provisions of this section apply only to Business Customers.
2. In the event that a non-conformity of the Service with the Terms of Service is revealed, the Customer may submit a complaint.
3. The complaint is submitted in writing or by electronic mail to the address indicated in § 1(5)(1) of the Terms of Service, no later than within 30 days of the day the non-conformity is revealed.
4. The complaint should contain:
   1. the Customer's name,
   2. an email address,
   3. a description of the revealed non-conformity of the Service with the Terms of Service.
5. The Service Provider may refuse to bring the Service into conformity with the Terms of Service if this is impossible or would require the Service Provider to incur excessive costs.
6. After considering the complaint, the Service Provider provides the Customer with a response to the complaint, in which it:
   1. acknowledges the complaint and indicates the planned deadline for bringing the Service into conformity with the Terms of Service,
   2. refuses to bring the Service into conformity with the Terms of Service for the reason indicated in paragraph 5 above,
   3. rejects the complaint on the grounds that it is unfounded.
7. The Service Provider responds to the complaint by electronic mail within 21 (twenty-one) days of receiving it. In particularly complex cases, the deadline for responding to the complaint may be extended to 30 calendar days.

## § 9. Right to withdraw from the Agreement

1. Pursuant to Article 27 et seq. of the Act on Consumer Rights, a Customer who is a Consumer or a Sole Trader with Consumer Rights has the right to withdraw from a paid Agreement without giving any reason within 14 (fourteen) days of its conclusion.
2. Before concluding a paid Agreement, the Customer referred to in paragraph 1 above is informed that the Service (access to the paid Gallery or to the features of the annual Studio plan) is supplied immediately after payment is made, and that consenting to the commencement of the supply of the Service before the deadline for withdrawal from the Agreement results in the loss of the right to withdraw from the Agreement.
3. By placing an order and making payment, the Customer expressly consents to the commencement of the supply of the Service before the deadline for withdrawal from the Agreement and acknowledges that, upon full performance of the Service, they will lose the right to withdraw from the Agreement, in accordance with Article 38(13) of the Act on Consumer Rights.
4. After the conclusion of the Agreement, the Service Provider sends the Customer a confirmation of the conclusion of the Agreement together with a confirmation of the consent given as referred to in paragraph 3 above, on a durable medium (by electronic mail).

## § 10. Customer Content

1. It is prohibited to post Customer Content:
   1. containing data contrary to the law, the Terms of Service, or good morals,
   2. containing content serving to conduct activities prohibited by law, inciting violence or hatred, or insulting any group of persons or any person,
   3. containing content that may infringe personal rights, copyright, the right to one's image, or other rights of third parties.
2. Any person using the Application (hereinafter: the "Reporting Party") is entitled to report Customer Content that may violate the Terms of Service.
3. A report can be made by email to: [info@pixdeliver.com](mailto:info@pixdeliver.com).
4. The report should contain the following information:
   1. a sufficiently substantiated explanation of the reasons why the given Customer Content 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 enabling the identification of the Customer Content, appropriate to its type and the functionality of the Application,
   3. the first and last name or the name and the email address of the Reporting Party, except for a report concerning information considered to be related to one of the offences referred to in Articles 3-7 of Directive 2011/93/EU,
   4. a statement confirming the Reporting Party's good-faith belief that the information and allegations contained therein are accurate and complete.
5. After receiving the report, the Service Provider sends the Reporting Party a confirmation of its receipt to the email address indicated by them.
6. In the event that the report does not contain the elements indicated in paragraph 4 above or contains errors, the Service Provider may request that the Reporting Party supplement or correct the report within 14 days of receiving the said request. In the event that the Reporting Party does not supplement or correct the report within the period indicated in the preceding sentence, the Service Provider may leave the report without consideration.
7. The Service Provider verifies the reported Customer Content within 14 days of receiving a complete and correct report. As part of the verification activities, if necessary, the Service Provider will request that the Reporting Party send the necessary additional information or documents. Until the report is considered, the Service Provider may block the visibility of the Customer Content.
8. After verifying the report, the Service Provider:

   1. removes Customer Content that violates the Terms of Service,
   2. restores Customer Content that does not violate the rules resulting from the Terms of Service (if its visibility was blocked at the report verification stage),

   while providing a statement of reasons for its decision.
9. In the event that Customer Content is removed, the Service Provider promptly notifies both the Reporting Party and the Customer who posted the removed Customer Content of this fact, providing a statement of reasons for its decision.
10. The statement of reasons for the Service Provider's decision includes:
    1. an indication of whether the decision involves the removal of the Customer Content, the blocking of its visibility, demotion, or the imposition of other measures referred to in the Terms of Service, and, where applicable, the territorial scope of the decision and its period of validity,
    2. the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of a report made by the Reporting Party or on the basis of voluntary verification activities carried out at the Service Provider's own initiative, and, where strictly necessary, the identity of the Reporting Party,
    3. where applicable, information on the use of automated means in making the decision,
    4. if the decision concerns potentially impermissible Customer Content, an indication of the legal or contractual basis on which the decision is based and an explanation of the reasons why, on that basis, the given Customer Content is considered impermissible content,
    5. clear and user-friendly information, addressed to the Customer and the Reporting Party, on the options available to them to appeal the decision.
11. A Customer whose Customer Content has been removed, or a Reporting Party whose request to remove the reported Customer Content was refused by the Service Provider, may appeal the Service Provider's decision.
12. An appeal can be submitted in the following ways:
    1. by email – to: [info@pixdeliver.com](mailto:info@pixdeliver.com),
    2. in writing, preferably by registered letter – to: Pukinin 64, 96-200 Rawa Mazowiecka.
13. The appeal should contain:
    1. the first and last name or the name of the appellant,
    2. contact details (email address, correspondence address),
    3. a detailed statement of reasons as to why, in the appellant's opinion, the Service Provider's decision is incorrect and should be changed.
14. The Service Provider promptly confirms receipt of the appeal by sending a notification to the email address indicated by the appellant.
15. Appeals are considered within 14 days of their receipt by an authorized team of the Service Provider (these activities will not be carried out in an automated manner, without human involvement).
16. The Service Provider notifies the appellant of the decision made as a result of considering the appeal by electronic mail, and if it simultaneously considers the reported content to be impermissible content, it takes the actions provided for in the Terms of Service in respect of it.
17. Posting Customer Content is tantamount to the Customer making a statement that they are its sole author or hold the rights necessary to use it in the manner resulting from the Terms of Service. The Customer bears full responsibility for the Customer Content and the consequences of its sharing (including for infringements of the personal rights and intellectual property rights of third parties).

## § 11. Use of artificial intelligence (AI)

1. The Service Provider informs that the Application makes available to logged-in Customers an optional feature for generating proposed Gallery descriptions using artificial intelligence:
   1. AI model: Google Gemini, provider: Google,
   2. purpose: based on the Gallery name and an optional short brief entered by the Customer, the feature generates 3 variants of a text description of the Gallery (in Polish or English, depending on the settings), from which the Customer selects and may freely edit one before publication; the feature processes only the text data entered by the Customer and does not analyze photos or other graphic content,
   3. risk category under the Artificial Intelligence Act (AI Act): a generative system intended for creating text content, which is neither a high-risk AI system nor a prohibited practice; it is subject to transparency obligations.
2. The Customer acknowledges that the results generated by AI:
   1. may contain errors, inaccuracies, or untrue content (so-called hallucinations),
   2. constitute only an editorial proposal and require verification and acceptance by the Customer before their publication.
3. The Customer undertakes to:
   1. verify all results of the use of AI before their publication,
   2. not rely solely on the generated content,
   3. comply with transparency requirements towards their clients, where this results from the provisions of law.
4. The data entered into the AI feature (the Gallery name and the optional brief):
   1. is transmitted to an external AI provider – Google (Google Gemini),
   2. is not used to train AI models; processing on the part of the AI provider takes place under Google's data processing (processor) terms.
5. The Service Provider is not liable for:
   1. decisions made by the Customer on the basis of AI results,
   2. infringements of intellectual property rights resulting from AI-generated content published by the Customer,
   3. damage arising as a result of erroneous AI-generated content published by the Customer without verification.
6. AI-generated content is used by the Customer to the extent permitted by law, subject to the rights of the AI model provider. The Customer acknowledges that AI content may not be protected by copyright and that similar content may be generated for other users – the Service Provider does not guarantee the uniqueness of the results.
7. The Customer undertakes to:
   1. verify whether the content does not infringe the rights of third parties,
   2. label content as AI-generated where required by law.

## § 12. Liability and service level

1. The Service Provider undertakes to provide the Services with due diligence.
2. The Parties exclude the Service Provider's liability for lost profits of a Customer who is a Business Customer.
3. The Service Provider does not guarantee a specific level of performance, efficiency, or usefulness of the Application in relation to the specific needs and applications of the Customer.
4. To the extent permitted by the provisions of the Civil Code and the Act on Consumer Rights, the Service Provider is not liable to the Customer for the consequences of:
   1. Customers using any services or functionalities available within the Application in a manner inconsistent with their intended purpose,
   2. Customers providing incorrect or untrue data,
   3. the use of the data authorizing access to the Account by third parties, if those persons came into possession of that data as a result of its disclosure by Customers or as a result of its insufficient protection by Customers against access by such persons.
5. To the extent permitted by the provisions of the Civil Code and the Act on Consumer Rights, the Service Provider is not liable for disruptions in the functioning of the Application resulting from:
   1. force majeure (which is also deemed to include the unavailability of the API of key external service providers),
   2. necessary maintenance work carried out in the Application,
   3. reasons attributable to the Customer,
   4. reasons beyond the Service Provider's control, in particular the actions of third parties for which the Service Provider is not responsible.
6. The Service Provider undertakes to carry out the work referred to in paragraph 5(2) above in the manner least burdensome for Customers and, where possible, to inform them in advance of the planned work.
7. The Service Provider undertakes, where possible, to remove disruptions in the functioning of the Application on an ongoing basis.
8. The Application does not constitute a backup service. The Customer is required to keep their own security copies of all photos and data uploaded to the Application. To the extent permitted by the provisions of the Civil Code and the Act on Consumer Rights, the Service Provider is not liable for the loss or damage of Customer Content resulting from failures, theft, unauthorized access (hacking), or other events beyond the Service Provider's control; this limitation does not apply to damage caused intentionally or as a result of gross negligence by the Service Provider.
9. After the end of the Agreement (in particular, after the expiry of the Access Period for a paid Gallery or after the end of the term of the annual Studio plan), the Service Provider:
   1. retains the Customer Content for 14 (fourteen) consecutive days (a grace period), informing the Customer of the approaching deletion of the data,
   2. permanently deletes the data after the grace period expires – at the Customer's request, this may occur earlier.
10. During the grace period, the Customer may request:
    1. a full download (export) of the uploaded photos before they are deleted,
    2. assistance with migrating larger archives (optionally for a fee).

## § 13. The Service Provider's intellectual property

1. All component elements of the Application, in particular:

   1. the name of the Application,
   2. the logo of the Application,
   3. photos and descriptions originating from the Service Provider,
   4. the operating principles of the Application, all of its graphic elements, the interface, the software, the source code, and the databases

   – are protected by law on the basis of 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 of Service, is prohibited.

## § 14. Out-of-court dispute resolution – Consumers and Sole Traders with Consumer Rights

1. The provisions of this section apply only to Consumers and Sole Traders with Consumer Rights.
2. A Customer who is a Consumer or a Sole Trader with Consumer Rights has the option to use out-of-court methods of handling complaints and pursuing claims.
3. Detailed information regarding the Customer's ability to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and on the websites of:
   1. district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection,
   2. Provincial Inspectorates of the Trade Inspection,
   3. the Office of Competition and Consumer Protection.

## § 15. Personal data

Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: [docs.pixdeliver.com/en/legal/privacy-policy](/en/legal/privacy-policy).

## § 16. Change to the Service – Consumers and Sole Traders with Consumer Rights

1. The provisions of this section apply only to Consumers and Sole Traders with Consumer Rights.
2. The Service Provider may change the Service in the event of:
   1. the need to adapt the Service to newly emerging devices or software used by Customers to use the Service,
   2. a decision by the Service Provider to improve the Service by adding new functionalities to it or modifying existing functionalities,
   3. a legal obligation to make changes, including the obligation to adapt the Service to the current legal state.
3. A change to the Service may not involve any costs on the part of the Customer.
4. The Service Provider informs the Customer of a change made to the Service by placing a message informing of the changes on the Account. Notwithstanding the above, information about the change made may be sent to Customers by electronic mail.
5. If a change to the Service will significantly and negatively affect access to the Service, the Service Provider is obliged to inform the Customer of:
   1. the characteristics and the date of the change, and
   2. the Customer's right to terminate the Agreement with immediate effect within 30 (thirty) days of the change.
6. The Service Provider sends the information referred to in paragraph 5 above to the Customer by electronic mail no later than 7 (seven) days before the change is made.
7. Termination of the Agreement by the Customer on the basis of paragraph 5(2) above takes place by submitting to the Service Provider a statement of termination of the Agreement. The statement referred to in the preceding sentence may be sent by electronic mail to the address indicated in § 1(5)(1) of the Terms of Service.
8. Termination of the Agreement for the supply of Services on the basis of paragraph 5(2) above has the same effects as those that § 7 of the Terms of Service provides for in the case of withdrawal from the Agreement due to the occurrence of a Non-conformity.

## § 17. Amendment of the Terms of Service

1. The Service Provider may amend the Terms of Service, among other things, in the event of:
   1. a change in the Service Provider's scope of activity,
   2. the Service Provider's commencement of the supply of new services, the modification of services supplied to date, or the cessation of their supply,
   3. a technical modification of the Application requiring the provisions of the Terms of Service to be adapted to it,
   4. a legal obligation to make changes, including the obligation to adapt the Terms of Service to the current legal state.
2. The Customer will be informed of an amendment to the Terms of Service through the publication of its amended version in the Application. In addition, the amended version of the Terms of Service will be sent to the Customer by electronic mail.
3. Agreements concluded before the entry into force of an amendment to the Terms of Service are governed by the provisions of the Terms of Service in force at the time the given Agreement was concluded. In particular, an existing, paid Gallery and an active annual Studio plan operate until the end of the paid Access Period under the rules of the Terms of Service in force at the time the given Agreement was concluded. The amended version of the Terms of Service applies only to the relationship of maintaining the Account going forward, and to new purchases and renewals made after the amendment enters into force.
4. A Customer who does not agree to an amendment to the Terms of Service may terminate the agreement for maintaining the Account with immediate effect within 10 (ten) days of receiving the information about the amendment to the Terms of Service. The absence of termination is deemed to be consent to the amendment of the Terms of Service.
5. Termination of the agreement for maintaining the Account takes place by the Customer submitting to the Service Provider a statement of termination of that agreement. The statement referred to in the preceding sentence may be sent by electronic mail to the address indicated in § 1(5)(1) of the Terms of Service.
6. The termination referred to in paragraph 4 above does not affect an ongoing, paid Access Period – a paid Gallery and the annual Studio plan remain available until the end of that period under the existing rules, and the Account necessary to use them is maintained until its expiry. Deletion of the Account takes place after the end of the paid Access Period, subject to the 14 (fourteen)-day grace period and the right to export (download) the uploaded photos in their original quality – individually or the entire Gallery in a ZIP file – in accordance with § 12(9)-(10) and § 4(15)-(16) of the Terms of Service.
7. The termination referred to in paragraph 4 above neither shortens nor terminates the paid Access Period and does not give rise to an obligation to refund the Fee (either in full or proportionally), because the Service remains available until the end of the paid Access Period. If the Customer nevertheless requests the early deletion of the Account or the Gallery, this constitutes a voluntary cessation of use of the Service, to which § 5(6) of the Terms of Service applies (the non-refundable Fee); deletion takes place subject to § 12(9)-(10) and § 4(15)-(16) of the Terms of Service.

## § 18. Sale of photos by the Customer and Gallery delivery modes

1. The Customer may make each Gallery available in one of the Gallery Delivery Modes: (1) free – Gallery Recipients download the original photos free of charge; (2) paid with purchase of the entire Gallery; (3) paid with purchase of individual photos. The Customer selects the delivery mode when creating the Gallery and may change it in its settings, subject to paragraph 6 below.
2. The features of the paid Gallery Delivery Modes operate within an active (paid) Gallery or the annual Studio plan. Using the paid delivery modes does not release the Customer from the obligation to pay the Fee to the Service Provider in accordance with the Price List (§ 5 of the Terms of Service); this Fee is independent of the prices set by the Customer towards Gallery Recipients.
3. In the paid delivery modes, Gallery Recipients see photo previews marked with a Watermark and do not have access to the originals until they are unlocked by the Customer. The prices, the possible number of photos made available free of charge, and the content of the Watermark are determined solely by the Customer.
4. A Gallery Recipient interested in a purchase submits a Purchase Request via the Application (providing a first name or name and, optionally, an email address and a message). Submitting a Purchase Request does not result in any payment being collected in the Application.
5. The settlement of a Purchase Request takes place exclusively outside the Application, directly between the Customer and the Gallery Recipient. After receiving the agreed payment (in the manner determined by the Customer with the Gallery Recipient themselves), the Customer unlocks the original photos in the Application themselves; they may also reject or cancel a Purchase Request, which restores the Watermark and the photo lock.
6. At any given time, only one Purchase Request may be active in a single Gallery; while it is active, the delivery mode of that Gallery remains locked until that Request is settled or cancelled.
7. The Service Provider makes available only a technical tool enabling the presentation of photos with a Watermark, the acceptance of Purchase Requests, and the locking and unlocking of photos. The Service Provider is not a party to the photo sale transaction concluded between the Customer and the Gallery Recipient, does not act as an intermediary in payments on this account, does not accept or pay out such payments, and does not charge any commission on such a sale.
8. The Service Provider is not liable for the settlement, execution, non-performance, or improper performance of a photo sale transaction between the Customer and the Gallery Recipient, including for returns, complaints, and disputes concerning such a sale. The Customer is solely responsible in this respect.
9. A Customer selling photos to Gallery Recipients is responsible for fulfilling all obligations towards them resulting from the provisions of law (in particular information, consumer, tax, and accounting obligations), for the correctness and completeness of prices, and for issuing the appropriate sales documents to the Recipients.
10. The Watermark and the lock on the originals constitute technical measures hindering the unauthorized use of photos; the Service Provider does not guarantee that they will make it impossible to copy or record the presented previews.
11. The personal data of Gallery Recipients provided in a Purchase Request (or in a selection form) is processed under the rules set out in the Privacy Policy; with respect to this data, the Customer is the controller, and the Service Provider processes it on behalf of the Customer on the basis of an entrustment of processing.

## § 19. Final provisions

1. The current version of the Terms of Service is effective from June 1, 2026.
2. The Terms of Service are governed by Polish law. The Parties will endeavor to resolve any disputes arising from the Terms of Service through amicable negotiations, and in the absence of agreement – disputes with Customers who are Business Customers will be settled by the common court having jurisdiction over the Service Provider's registered office; with respect to Customers who are Consumers or Sole Traders with Consumer Rights, the jurisdiction of the court is determined according to the general provisions.
3. In matters not regulated by the Terms of Service, the provisions of generally applicable Polish law apply.