Terms of Service

General provisions

1. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and the Marcin Drwięga YesIT – Doradztwo IT company, with its’ registered office at Sanok (38-500), Armi Krajowej 11/39 str., Poland, Tax identification No. (NIP) 6871884264; e-mail: hello@glosiy.ai concerning your access to and use of our websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

2. You agree that by accessing the Site and using resources provided therein, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service or have no legal capacity to be bound to them, then you are expressly prohibited from using the Site and resources provided therein, and you must discontinue the use immediately.

3. These Terms of Service, your use of the Site, as well as contracts concluded with us are governed by and construed in accordance with laws of Poland. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

4. All orders placed through the Site are subject to conditions specified in the order page and below.

5. The use of our services takes place only on the terms and to the extent specified herein.

6. Minimum technical requirements enabling the use of the our services:

   1. a device with Internet access;
   2. access to e-mail;
   3. the latest version of the web browser with enabled cookies and Java Script

Our services

7. We dedicate our Site to Glossify – an artificial intelligence tool using which you can stunningly enhance your product imagery for better performance of your online activity focused on product sales and marketing (“Services”). You can access Glossify by purchasing a subscription according to the plans indicated on our Site.

8. As part of our Services, depending on the chosen subscription plan, we offer: a. multiple image background templates, for the best adaptation to the type of product, industry and target customer;

   1. a certain quantity of product images generations per day and month;
   2. the ability to upload a guaranteed amount of products per month;
   3. lifetime commercial license for all product images generated with our Services (for more, please read “Intellectual Property Rights” section below;
   4. our support and guidance. To obtain available subscription plans and their details, please refer to current content on our Site.

9. To access the content contained in the Site, you must register and create a user account. You are responsible for providing the correct information when setting up a user account.

10. Our Services are intended for commercial use. Therefore, by registering on our Site, you declare that you will use the Services in connection with your business activity.

11. You may resign from the Services at any time. For more, please read “Termination of the Agreement for the provision of Services” section below.

12. We ask you to pay attention and make careful purchases, as after order confirmation, orders are not subject to cancelation and refund.

Subscription, prices and payments

13. For current subscription types and pricing information, please refer to the information available on our Site.

14. All prices on our Site are final and include applicable taxes.

15. Payments can be made using selected payment methods. Please remember that when using third- party payment services, you are subject to their separate terms of service.

16. For new users, payment is made directly at the time of subscription

17. Subsequent subscription fees will be charged according to the selected payment method, in advance, every 30 days from the date of purchase of the subscription

18. Further charges will continue until you cancel your subscription. To avoid being charged for the next subscription period, please cancel before your plan's renewal date.

19. You can always change your payment method, logging into your user’s account.

20. If a payment cannot be made due to an expired debit or credit card, insufficient funds in the account or any other reason, and you do not change your payment method information or close your account, we may suspend access to the Services until payment is received.

21. In the event of delays in payment, we have the right to charge interest in the amount specified by law, reminder fees and debt collection fees

Free trial period

22. For our new customers, we offer a free trial period of length indicated on our Site, to ensure you can test our Services before purchasing a subscription.

23. During the trial period, you can freely use our Services, in accordance with the trial offer indicated on our Site, provided that the product imagery created with our Services during the trial period will be watermarked.

24. Unless otherwise stated in a given offer, you can only use our trial offer if you have not previously subscribed to or used a trial or similar offer.

25. The applicable terms and conditions of the relevant promotional or trial offer are posted on our Site at the time of registration.

Intellectual property rights

26. Unless otherwise indicated, the Site, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Poland foreign jurisdictions, and international conventions.

27. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions or in any other binding agreement with us, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

28. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, unless stated otherwise. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

29. Photos delivered by the customer. The customer declares that any photos of products sent by him do not infringe copyright. We are not responsible for any damage caused to persons third party as a result of infringement of copyright or intellectual property rights by the Customer. The customer confirms that he is entitled to reproduce, modify and use the photos provided to us in connection with the use of the Services, which involves full assumption of responsibility for any possible damages caused to third parties due to copyright infringement.

30. License for generated imagese. Under the subscription, the customer is entitled to generate product images, being a “works”, within the meaning of the polish Act of February 4, 1994 on copyright law and related rights. We authorize customer to use the generated images products for commercial purposes under a life- time, exclusive license, without territorial limits, for the following fields of operation:

    1. in the field of recording and reproduction of works – production of copies of works using a specific technique, including printing, reprographic and digital technique,
    2. in the scope of trading in the original or copies on which the works were recorded - placing on the market, lending or renting the original or copies,
    3. in the scope of disseminating works in a manner other than specified in point b. – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting and also making works publicly available so that anyone can access them at a place and time chosen by you (in particular on the Internet) including on social networks.

Under the license, you are entitled to make any edition of the works, including in terms of color, layout, use of its elements, making alterations and derivative works. The license also includes the right to grant sublicenses to third persons.

Termination of the Agreement for the provision of Services

31. You are entitled to terminate the agreement for the provision of Services (cancel your subscription and/or delete your account) at any time if you do not have unsettled liabilities towards us. The agreement is terminated as soon as we receive your application.

32. Agreement termination can be done via functionality available on your account within our Site, or by contacting us at the e-mail address indicated in para. 1. Above.

33. We may terminate the agreement for the provision of Services with a 30-day notice period and in accordance with the law. During the notice period, we may limit or block access to the Services if the termination was due to reasons attributable to you.

34. Termination of the agreement for the provision of Services takes place in a document form and is delivered to user’s e-mail address.

35. Limiting access to the Services, including complete blocking, regardless of the termination mode referred to above, may also occur in the event of:

    1. our doubts as to the completeness or correctness of the data entered,
    2. violation of these Terms of Service or the provisions of applicable law,
    3. attempting to circumvent and violate these Terms of Service, in particular by trying to extort an additional free trial period.

Claims and complaints

36. All complaints should be sent to us in documented form, preferably to the address indicated in section 1 above, by e-mail or traditional mail. The complaint should include:

    • Your first and last name,
    • your mailing address and e-mail address,
    • Description of the complaint (e.g. to what extent the order has not been fulfilled correctly).
    • Expected state after settling the complaint.

37. Complaints will be considered within 30 days of their receipt. The answer will be sent to the e-mail address provided by you.

38. We may request you to provide information necessary to solve the request, specifying a period not shorter than 7 days and the scope of required information, with the instruction that failure to complete the request within the specified period will result in the request not being considered. After the expiry of the designated deadline, the complaint shall not be considered.

User representations

39. By using the Site, you represent and warrant that:

    • All information you submit will be true, accurate, current, and complete.
    • You will maintain the accuracy of such information and promptly update such registration information, as necessary.
    • You have the legal capacity, and you agree to comply with these Terms of Service.
    • You are not a minor in the jurisdiction in which you reside.
    • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
    • You will not use the Site for any illegal or unauthorized purpose.
    • Your use of the Site will not violate any applicable law or regulation.

40. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

41. Whenever you register with the Site, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Modifications and interruptions

42. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

43. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

44. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

45. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

46. Nothing in these Terms of Service will be construed to oblige us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Dispute resolution

47. In the event of a dispute arising under the contract concluded on terms and conditions set forth herein, brought by either you or us (collectively, the “Parties”), the Parties will endeavor to resolve the matter amicably first. Any dispute arising under the contract and other legal action of whatever nature, shall be governed by laws of Poland and considered by the court competent for place of our seat.

Corrections

48. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability of the Services, and various other information. We reserve the right to temporarily limit access to the Services, if it is dictated by the need to make relevant repairs, as well as correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

General disclaimer

49. The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connections with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:

    • errors, mistakes, or inaccuracies of content and materials,
    • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
    • unauthorized access to or use of our secure servers or all personal data or financial information stored therein,
    • interruption or cessation of transmission to or from the site,
    • any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
    • any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the site. We do not warrant, guarantee, or assume responsibility for any product or service advertised, or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you any third-party providers of products or services.

50. As with making transactions through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of liability

51. To the fullest extent permitted by law, in no event will we our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site and our Services.

52. Visiting the Site, sending us e-mails, and completing online forms constitute electronic communications, You consent to receive electronic communications. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Final provisions

53. These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

54. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

55. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

56. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.

57. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

58. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes to these Terms of Service, using the e-mail address you provided. Changes will come into effect in the next subscription period, but not earlier than 7 days after the date of notification of the change. If you do not agree with the updates to these Terms of Service, let us know within 7 days of receiving an alert. Lack of timely objection means you agree to the new version Terms of Service.

59. These Terms of Service remain binding until you use or have a valid account on our Site and until you pay us all the remaining fees, commissions and remuneration, 2 years after that date, and later - to extent implied by the nature of rights and obligations created under these Terms of Service, in particular until the end of limitation periods for any legal claims.

60. The Parties may agree an earlier termination of the Terms of Service.