§ 1. Introduction
- These Terms and Conditions set out the general rules for purchasing and using the products offered by the Seller, including how contracts are formed, billing methods, complaint procedures, and consumer rights.
- The seller of the products offered through Unlimited Ai Images is GOTOIT sp. z o.o., with its registered office in Smolec (55-080), ul. Słoneczna 9A, whose registration records are maintained by the District Court for Wrocław-Fabryczna in Wrocław (Sąd Rejonowy dla Wrocławia Fabrycznej we Wrocławiu), Commercial Division IX of the National Court Register (Krajowy Rejestr Sądowy), under KRS number 0001010915, NIP (tax ID): 8961620558, REGON (statistical business identification number): 524066068, share capital: PLN 5,000.
- Please read these Terms and Conditions carefully before making a purchase. The Customer must comply with these Terms and Conditions when using the Service and from the time the Customer begins the process of purchasing the Product. By placing an order through the Service, the Customer confirms that they have read and accept these Terms and Conditions and that they have read and accept the provisions on personal data processing in the Privacy Policy.
- The Seller provides the Unlimited Ai Images web application, which uses artificial intelligence tools to generate images and graphics based on a text description (prompt) entered by the Customer and also provides tools for editing them. The Product consists of access for an indefinite term (a license) to a selected application plan. Login credentials are sent to the Customer by email after payment for the order.
§ 2. Definitions
The following definitions apply to these Terms and Conditions:
- Terms and Conditions – this document, which sets out the rules for the sale of Products through the Service, available at /us/terms;
- Customer – an individual, a legal entity, or an organization without separate legal personality that places orders and purchases Products through the Service;
- Consumer – a Customer who is an individual entering into a transaction not directly related to their business or professional activities, or an individual entering into a contract directly related to their business activities but outside their professional specialization, as determined in particular by the scope of their business activities disclosed under the regulations governing the Central Register and Information on Business Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej);
- User – any individual who uses the Service;
- Privacy Policy – the rules and information concerning the processing of personal data of individuals who use the Service and purchase Products from the Seller, available at: /us/privacy;
- Service – the website Unlimited Ai Images;
- Product – a digital product consisting of perpetual access (a license) to a selected plan of the Unlimited Ai Images application;
- Seller – GOTOIT sp. z o.o., with its registered office in Smolec (55-080), ul. Słoneczna 9A, whose registration records are maintained by the District Court for Wrocław-Fabryczna in Wrocław (Sąd Rejonowy dla Wrocławia Fabrycznej we Wrocławiu), 9th Commercial Division of the National Court Register (Krajowy Rejestr Sądowy), under number KRS 0001010915, NIP: 8961620558, REGON: 524066068, share capital: PLN 5,000. The Customer may contact the Seller using the following contact information:
- Mailing address: ul. Słoneczna 9A, 55-080 Smolec, Poland;
- Email address: ai@gotoit.pl;
- Agreement – the contractual relationship between the Seller and the Customer for access to the Unlimited Ai Images application within the scope of the selected plan;
- Order – the Customer's statement of intent to enter into the Agreement, constituting an offer to enter into the Agreement and specifying the selected plan and the information required for the purchase.
§ 3. Contract Formation
- To place an order through the Service, select the Commercial plan, the Premium plan, or—if you already have the Commercial plan—the upgrade from Commercial to Premium. The features included in each plan are listed in the plan description available through the Service at the time of purchase. Then complete the order form and follow the on-screen steps and instructions.
- During checkout, the Customer provides information such as order details, billing information, and payment method.
- Orders for the Product are accepted only electronically through the Service.
- The order form must be completed correctly to place an order. An order submitted with an incorrectly completed form may not be processed.
- When completing the form, the Customer must provide a valid email address and is responsible for all resulting financial and legal consequences. The Seller delivers the Product to the email address provided.
- The email address provided may be used only to contact the Customer about processing the order, unless the Customer consents to being contacted for other purposes (such as newsletters).
- Before the order is accepted, the Customer is informed of the following:
- the main features of the Product;
- the total price of the Product, including taxes and any applicable shipping, delivery, postage, and other charges;
- the terms governing the sale, through a direct reference to the Terms and Conditions before the order is placed.
- You provide your email address, choose one of the payment methods available at checkout, and place your order by clicking the payment button, such as “Pay.”
- Placing an order does not create a contract; it constitutes an offer to enter into a contract.
- The contract is formed when the Seller accepts the order for fulfillment. The Customer receives confirmation of the order and payment by email.
- Access to the application is provided promptly upon receipt of payment. You will receive a link by email to set your password. Delivery is free.
- The contract shall be concluded exclusively in English. The current version of these Terms and Conditions is available at /us/terms and may be saved or printed. The Seller stores the order details within its system, and you will receive a confirmation via email. You may correct any input errors in your information within the order form and on the payment page prior to final payment.
§ 3a. License
- You may use images generated in the application for personal and commercial purposes, including marketing, social media, and products intended for sale, provided that your use complies with applicable law and these Terms and Conditions. The license type for each plan is specified in the plan description available through the service at the time of purchase.
- Access to the application is personal to you. You may not share your login credentials with third parties or resell access to the application.
- The Seller claims no rights to the images you generate.
§ 4. Prices and Payments
- The Customer shall select and pay for the Product in accordance with the prices prevailing on the Service and their own selections.
- The Seller reserves the right to introduce and discontinue offers and promotions and to change prices on the Service, provided that doing so does not adversely affect the Customer's acquired rights, including the terms of contracts entered into before the change.
- Prices listed on the Service are stated in the currency displayed at checkout and are gross prices inclusive of all applicable taxes.
- Electronic payments on the Service are processed by:
- Stripe Payments Europe, Ltd., with its registered office at One Wilton Park, Wilton Place, Dublin (D02 FX04), registration number: 513174, operating under the Stripe brand (card payments, Apple Pay, and Google Pay) – for more information about Stripe and the processing of personal data, visit: https://stripe.com/privacy;
- After receiving payment, the Seller automatically issues proof of purchase in the form of a receipt or invoice and sends it to the email address provided in the order. You may request an invoice with company details by emailing the Seller.
- When reducing prices, the Seller agrees to display, alongside the reduced price of a product, the lowest price charged during the 30 days before the price reduction took effect.
§ 5. Consumer Right to Cancel
- Consumers have the right to cancel this contract within fourteen days of entering into it without giving any reason.
- For details on how to exercise your right to cancel, the effects of cancellation, and a sample cancellation form, please see the Cancellation Policy.
- You will receive confirmation of your order and payment by email.
§ 6. Satisfaction Guarantee
- The 30-day satisfaction guarantee is offered voluntarily by the Seller. It applies independently of the 14-day right of withdrawal and does not limit that right.
- The Seller guarantees the Customer the right to cancel the contract within 30 days after entering into it if the Customer is not satisfied with the Product. To exercise the satisfaction guarantee, the Customer need only send a notice to the Seller's mailing address or the email address specified in the Terms and Conditions.
- If the Customer exercises the satisfaction guarantee, the contract terminates on the date the Customer's notice becomes effective.
- If the Customer exercises the satisfaction guarantee, the Customer must delete all copies of the Product and cease using or further distributing it. The Seller will refund the price paid by the Customer.
- The satisfaction guarantee covers only a refund of the price paid for the Product and excludes any additional fees. The Seller may deny a claim under the guarantee if the Customer is found to have abused this right.
§ 7. Liability
- The provisions of this section concerning the Seller's liability for the Product's conformity with the contract apply only to consumers. For Customers who are not consumers, the Seller's liability is limited to the price paid.
- The Seller must provide a Product that conforms to the contract.
- If the Product received does not conform to the contract at the time of delivery, the consumer may exercise the rights available under the Seller's liability for the Product's conformity with the contract.
- The Seller's liability for the Product's conformity with the contract applies for two years from the date the Product is delivered.
- If the Product does not conform to the contract, the consumer may:
- require that the Product be brought into conformity with the contract;
- notify the Seller that the consumer is requesting a price reduction or canceling the contract if
- bringing the Product into conformity with the contract is impossible or would involve excessive costs;
- the Seller has not brought the Product into conformity with the contract as required under item 1;
- the Product still does not conform to the contract despite the Seller's attempt to bring it into conformity;
- the Product's failure to conform to the contract is serious enough to justify a price reduction or cancellation of the contract without first seeking the remedy described in item 1;
- the Seller's statement or the circumstances clearly indicate that the Seller will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.
- The Seller will respond to the consumer's claim promptly, and in any event within 14 days after receiving the written complaint.
- Complaints may be submitted remotely using the Seller's contact information provided in the Terms and Conditions.
- The consumer will be notified of the outcome of the complaint through the same method used to submit it.
- The Seller is not liable for any failure to perform or improper performance of the contract due to force majeure, meaning an external, unforeseeable, and unavoidable event.
- The Seller is not liable for interruptions in the availability of the Service resulting from technical issues, maintenance, or causes beyond the Seller's control.
§ 8. Terms of Service Delivery
- The Seller provides the Customer with an electronic service that allows the Customer to enter into an agreement for the supply of Products and use other features of the Service.
- An existing account on the Service is not required. Once the order has been paid for, an account in the application will be created using the email address provided in the order.
- Access to the features of the Service is provided free of charge. Products available through the Service must be purchased.
- The Product is delivered in the form of login credentials for the Unlimited Ai Images application, sent to the email address provided in the order.
- To place an order and use the features of the Service, the following are required:
- an active email account (for purchases through the Service and delivery of the Product),
- a web browser with the latest updates and JavaScript enabled,
- support for required cookies enabled in the browser,
- internet access,
- the ability to view and download image files (to use the Products).
- The Customer has the right to submit a complaint about the operation of the Service by sending an email to the address provided in the Terms and Conditions.
- A response to the complaint will be sent within 14 days of receipt to the email address from which the complaint was submitted.
- The Seller reserves the right to verify in advance, using the reviewer's or commenter's email address, whether reviews or comments posted on the Service relate to the purchase or use of the Product being reviewed or commented on. Verified reviews and comments will be labeled accordingly.
§ 9. Use of the Service and Digital Safety
- The Customer may not submit unlawful content, including through forms, comments, inquiries, or messages available within the Service, or by email.
- The Customer must use the Service in accordance with applicable law, these Terms and Conditions, and generally accepted standards of conduct, including the following:
- use the Service in a manner that does not interfere with others' use of the Service, infringe the rights, property, or interests of third parties, or adversely affect the operation of the Service, including through the use of malicious software;
- do not share your login credentials with third parties or resell access to the Application; this prohibition does not apply to images you generate, which you may use in accordance with the “License” section.
- The Seller reserves the right to immediately block the Customer's activities upon discovering a violation of these Terms and Conditions or applicable law, or conduct that violates generally accepted standards of conduct.
- The Customer acknowledges the risks associated with the characteristics of the internet and the Customer's computer equipment that are beyond the Seller's control, including the lack of any guarantee of uninterrupted, error-free access to the Service.
- The Seller reserves the right to temporarily interrupt the operation of the Service for maintenance and repairs.
- The Seller will make reasonable efforts to give the Customer advance notice of scheduled technical interruptions affecting the provision of services or access to the Service.
- The Seller maintains digital safety within the Service while respecting users' rights to use the Service's features, express their opinions, and make their own choices.
- Content and features available within the Service are not presented using dedicated content personalization tools.
- All decisions made within the Service are based on the user's independent choices.
- The Seller does not use automated decision-making that produces legal effects concerning the user or similarly significantly affects the user.
- Any user who visits and uses the Service may report content within the Service that is unlawful or violates these Terms and Conditions by sending the Seller an email with the subject line “Report of a violation of digital safety rules.” Where possible, the person submitting the report should provide information that allows the report to be reviewed, including an explanation of why they believe the content is unlawful or violates these Terms and Conditions, along with contact information for a response.
- Prohibited content within the Service includes content that infringes third-party rights, unlawful content, content that promotes violence, discrimination, or unequal treatment, racist content, and content that otherwise violates personal rights.
- The Seller reserves the right to block a user or moderate content posted within the Service if the content violates applicable law or these Terms and Conditions, including conduct involving the use of bots to place orders, unlawful demands for payment, phishing messages, phishing for personal data, or the provision of false information or information that infringes third-party rights.
- The Seller's content moderation measures may include:
- refusing to publish content,
- refusing to enter into a contract,
- rescinding an existing contract,
- removing content,
- blocking access to content,
- reducing the visibility of content,
- suspending or terminating the provision of services to the user.
- Decisions will be based on an assessment of the situation and circumstances in accordance with applicable law. Each case will be analyzed and evaluated individually, without automated processes.
- Anyone affected by a decision made by the Seller will be notified of the decision and the reasons for it.
- If the user disagrees with the decision, the user may appeal within 14 days after receiving it and must explain the reasons for the appeal. The Seller will respond to the appeal within 14 days. The Seller's response to the appeal is final within the Seller's internal review process.
- The user also has the right to seek resolution of data security issues within the Service through an appropriate dispute resolution body recognized by the relevant regulatory authority.
- Anyone submitting a report is entitled to applicable legal protections. Their data and correspondence with the Seller will be kept confidential and will not be accessible to unauthorized persons.
§ 10. Reviews on the Service
- Product reviews may be submitted through the Service in one of three formats:
- written review,
- rating on a scale of 1 to 5 stars,
- audiovisual review (video recording).
- Any User of the Service may submit written reviews and star ratings by email. These reviews are not verified by the Seller, meaning that the Seller does not check whether they were submitted by people who actually purchased the Product.
- Audiovisual reviews (video recordings) are verified by the Seller. Verification involves checking whether the review was submitted by a Customer who purchased the Product. This is done by sending the Customer, after the purchase, an invitation to submit a video review to the email address provided when placing the order.
- Audiovisual reviews (video recordings) that pass verification may be published on the Service with a notice indicating that they come from a Customer who purchased the Product ("verified review").
- The Seller reserves the right to refuse to publish a review or to remove it if:
- it violates applicable law, generally accepted standards of conduct, or the provisions of these Terms and Conditions,
- it contains content that is unlawful, vulgar, offensive, discriminatory, promotional, or unrelated to the Product,
- it infringes the rights of third parties, including copyrights, rights to one's likeness, or privacy or publicity rights.
- By submitting a review, the User represents that they hold the rights to its content and that its publication on the Service does not infringe any third-party rights. The User grants the Seller a nonexclusive, royalty-free license to publish the review on the Service and use it for the Seller's marketing purposes.
- The Seller does not use automated decision-making to moderate reviews. Each decision to publish, refuse to publish, or remove a review is made on an individual basis.
§ 11. Information About the Use of AI Technology
- The Customer acknowledges that images created in the application are generated using artificial intelligence (AI) technology, which produces original graphics based on the text description and materials provided by the Customer.
- The Seller does not guarantee that generated content will not resemble existing works, trademarks, or likenesses. You are responsible for how you use the images.
- You may upload your own photos, for example, to edit them, create portraits, virtually try on clothing, or place a face in images. These photos may depict people. You may upload photos of people only if you have the right to do so, including when the photo depicts you or the person depicted has given consent. The Seller does not use uploaded photos to identify individuals.
- Images automatically generated by AI may not be eligible for copyright protection.
- You may use images as permitted under the “License” section and in compliance with applicable law and third-party rights.
§ 12. Use of the Application
- To use the Application, the Customer submits text descriptions (prompts) and, optionally, their own images or photos, which are used to generate graphics.
- Based on this information, the AI system generates customized digital images that the Customer may download and use under the license purchased.
- The purpose of the Agreement is to provide the Customer with access to the Unlimited Ai Images Application as specified in the purchased plan.
- The Customer represents that they hold all rights to the content submitted to the Seller as part of the order and that its use does not infringe any third-party rights. The Customer is fully responsible for the content submitted to the Seller.
§ 13. Protection of Personal Data
- The Seller states that all data entered by the Customer when using the Product and stored in the Service is protected against unauthorized access in accordance with applicable law.
- Detailed rules on the processing of personal data and the use of cookies are set out in the Privacy Policy.
§ 14. Final Provisions
- For the avoidance of doubt, no provision of these Terms and Conditions limits any rights consumers have under the laws of the Republic of Poland. If any provision is found to impose such a limitation, the laws of the Republic of Poland will apply, including, in particular, the Polish Civil Code and the Consumer Rights Act.
- The Seller is neither willing nor required to participate in dispute resolution proceedings before a consumer dispute resolution body. This does not affect the consumer's right to bring a claim before a court of competent jurisdiction under applicable law.
- Any disputes between the Seller and a Customer who is not a consumer will be submitted to the court having jurisdiction over the Seller's registered office.
- The Seller reserves the right to amend these Terms and Conditions. All amendments to these Terms and Conditions will take effect on the date specified by the Seller. Orders placed before the effective date of any amendments to these Terms and Conditions will be fulfilled under the provisions in effect on the date the order was placed.
- The Seller reserves the right to modify the features of the Service, provided that doing so does not adversely affect Customers' acquired rights.
- The parties choose Polish law as the governing law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- The choice of Polish law does not deprive consumers of the protection afforded by provisions of the law of their country of habitual residence that cannot be waived by contract, in accordance with Article 6(2) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I).
- If Products are sold to a consumer whose habitual residence is outside the Republic of Poland, the consumer may ask the Seller to provide a translation of these Terms and Conditions into the official language of the European Union country in which the consumer habitually resides.
