Terms

These Terms are a template document and should be reviewed by a Polish legal counsel (radca prawny / adwokat) before being relied upon in practice.

§1. Provider

Andrii Shramko — jednoosobowa działalność gospodarcza (CEIDG), NIP 7543116302, REGON 364031151, ul. Orląt Lwowskich 43/7, 45-371 Opole, Polska. Contact: zmei116@gmail.com, +48 729 361 054. Brand: FlyReelStudio. Delivered via the bot @FlyReelV2Bot.

§2. Nature of the service

FlyReelStudio provides digital retouching of real-estate and food photos and optional short videos. We enhance the real photo (light, order, color, verticals) — we do not create misleading content.

§3. Invite-only access and pilot

Access is limited and granted via selection (application or referral). Cooperation takes the form of a paid, measured pilot. Outcomes are pilot-measured and indicative — we do not guarantee a specific uplift (e.g. “+X% sales”).

§4. Applications

Submitting the form is an application under review, not a contract or a guarantee of acceptance. We reply to selected addresses.

§5. Prices and payments

• Prices are in Polish złoty (PLN), tax included; billed in credits. Details agreed on granting access.
• Online payments are handled by Przelewy24 (PayPro S.A.); BLIK with an identifier code in the transfer title is also accepted.

§6. Delivery

The service is delivered digitally, usually within ~1–3 minutes of sending a photo, subject to an active balance.

§7. Right of withdrawal (Consumer)

A consumer generally has a 14-day right of withdrawal from a distance contract. Under Art. 38(13) of the Polish Consumer Rights Act this right does not apply to digital content supplied without a tangible medium if performance began with the consumer’s express prior consent and after being informed of the loss of the right. By starting a generation the consumer gives such consent. Unused credits may be refunded on request.

§8. Complaints

Complaints can be filed at zmei116@gmail.com or +48 729 361 054. We handle them within 14 days. On a failed generation you may retry per your balance.

§9. Online dispute resolution (ODR)

Consumers may use the EU ODR platform: https://ec.europa.eu/consumers/odr.

§10. Personal data

Processing is described in the Privacy policy.

§12. Definitions and categories of Users

In §§12–19: “User” / “Client” means the person or entity using the service via the bot; “Input material” means photos, videos and other content the User submits for processing; “Output” means the file (photo or video) delivered by the Provider after processing; “Consumer” means a natural person acting outside their business or professional activity; “entrepreneur with consumer rights” means a natural person entering into a contract directly connected with their business activity where it is clear from the contract that it does not have a professional character for them (Art. 385(5) of the Polish Civil Code); “Business” means a User who is neither a Consumer nor an entrepreneur with consumer rights.

§13. User obligations and responsibility for submitted materials

1. The User is responsible for the Input material and for how they use the Output. By uploading Input material, the User represents that: (a) they hold full copyright or an appropriate licence and all consents necessary for the Provider to process it and for the intended use of the Output, including consents of persons whose image, signs, trademarks or works may appear in the materials and, where required, consents of the owners of the depicted properties or premises; (b) the Provider’s processing and the User’s use of the Output (e.g. publishing in a listing, menu, social media) will not infringe third-party rights, data-protection law or the law. 2. The Provider processes the Input material supplied by the User and does not verify the User’s legal title to it, acting in reliance on the above representations. The Provider may refuse to perform, or remove, materials and Outputs that are manifestly unlawful, infringe third-party rights, or breach §2 (misleading content). 3. The User is responsible for the content and lawfulness of uploaded materials and for how the Output is used — including the listing’s correspondence with the actual state of the property, premises or product. The above does not limit the Provider’s statutory liability toward a Consumer for the conformity of the retouching service itself; it covers only matters within the User’s control.

§14. Rights to materials and licence

1. By submitting Input material, the User grants the Provider a non-exclusive licence to reproduce and modify that material solely to perform the ordered service, including transferring it to the processors named in the Privacy policy. The licence expires once the Output is delivered, subject to retention periods under the Privacy policy and the law. 2. The Provider does not use Input material or the Output to train models or for marketing without the User’s separate, explicit consent. 3. Upon payment for a given job, the Provider grants the User a non-exclusive, territorially and temporally unlimited licence to use the Output across the following fields of exploitation: digital fixation and reproduction; entry into computer memory and networks; making available so that anyone may access it at a place and time of their choosing (internet, social media, listing portals); use in the User’s commercial and marketing materials. A full assignment of economic copyright or grant of an exclusive licence requires written form (Art. 53 and Art. 67(5) of the Polish Act on Copyright and Related Rights) and may be made on request under a separate signed document. Until payment, the User acquires no rights to the Output.

§15. Acceptable use and prohibited abuse

When using the service, the User undertakes not to upload material or use the service in any way that: (a) breaches the law, good morals or third-party rights; (b) includes unlawful, misleading, defamatory, hateful, pornographic content, persons’ likeness without a legal basis, or special-category data; (c) seeks to create a false or untrue depiction of a property, premises or product (e.g. hiding material defects, adding non-existent features or space) in a manner liable to mislead a buyer, tenant or customer; (d) consists of reselling, sharing, sub-licensing or granting third parties further access to the service itself (account, bot, credits) without the Provider’s consent; (e) consists of attempts to reverse-engineer, decompile, copy or study the service’s mechanism — to the extent not permitted by law — to scrape data, or to circumvent limits or security measures; (f) causes excessive, automated or bulk load on the infrastructure that disrupts its operation. The foregoing does not restrict the User’s right to normally use and publish their own retouched photos in line with the purpose of the service. The service is intended for genuine retouching of the User’s own photos and is not for creating misleading content (see §2).

§16. No payment, credit or referral abuse

The User agrees not to abuse payments or the credit/referral mechanism. The following are prohibited in particular: (a) paying with third-party or unauthorized payment instruments or for fraudulent purposes (payment fraud), and initiating chargebacks or disputing payments in bad faith, i.e. despite the service having been duly delivered in conformity with the contract; (b) creating multiple accounts, identities or applications to repeatedly obtain promotional credits, bonuses or referral benefits (farming), reciprocal referrals to fake premiums, and other circumvention of promotion or referral rules. Credits and bonuses obtained in breach of this section are an undue benefit (Art. 410 of the Polish Civil Code); the Provider may cancel them, and any unused balance arising from such abuse is non-payable and non-refundable. This does not concern credits duly paid for by the User, which are governed by §5 and §7. This section does not limit a Consumer’s statutory rights: in particular the right to complain and to conformity of the service, the right to dispute genuinely unauthorized payments, or the right to dispute a payment where the service was not delivered or was not properly delivered.

§17. Suspension and termination of access

1. On reasonable suspicion of a breach of §15 or §16 the Provider may, in proportion to the seriousness of the breach: (a) call on the User to stop the breach, setting a reasonable deadline where feasible, or (b) temporarily suspend access for the time needed to clarify the matter. Permanent termination applies where the breach has been established and not cured within the set period, or in serious cases (e.g. unlawful content, security risk); for a Consumer, only where the breach has actually been established and not on mere suspicion. 2. The Provider informs the User of any suspension or termination, stating the reason, unless applicable law prevents it. The User may object or provide explanations at zmei116@gmail.com; the Provider reviews these without undue delay and, if the objection is justified, restores access. 3. Suspension or termination for misuse does not oblige the Provider to refund credits or bonuses obtained through misuse (§16). Paid, unused credits not arising from misuse are settled or refunded on request in accordance with §5. 4. Suspension or termination does not limit the Consumer’s statutory rights, in particular the right of withdrawal (§7) and to complain (§8).

§18. Limitation of the Provider’s liability

1. The Provider is liable for proper performance of the service under §2 and §6 and under mandatory law, including the rules on conformity of digital content with the contract. The Provider is not liable for: the content and legality of Input material, the User’s use of the Output, the conformity of the User’s listings or presentations with the actual state of the item, or the consequences of the User breaching §13–§16. 2. The Provider gives no guarantee of any specific business result (e.g. a given rise in sales, enquiries or price); pilot outcomes are indicative (§3). The absence of an expected business result is not a defect of the service; this does not affect the Provider’s liability for conformity of the service itself toward a Consumer or an entrepreneur with consumer rights. 3. In relations with a User who is a Business (excluding an entrepreneur with consumer rights), to the extent permitted by law: (a) the Provider’s total liability arising out of or in connection with the contract — in aggregate — is limited to actual damage (excluding lost profits) and to the remuneration paid by that User for the service in connection with which the claim arises, in the 3 months preceding the damaging event, but no less than the fee for the specific defectively performed service; (b) the Provider is not liable for indirect damage, lost profits, loss of anticipated revenue, contracts or goodwill, or for damage resulting from service downtime. 4. The above limitations do not apply to damage caused intentionally (Art. 473 § 2 of the Polish Civil Code) or to any other liability that may not be excluded or limited under the law. Toward a Consumer and an entrepreneur with consumer rights, the monetary caps and the exclusion of lost profits do not apply. 5. The Provider is not liable for unavailability due to third-party providers (messenger, payment operator, retouching provider) or force majeure, using best efforts to restore the service; this does not affect liability toward a Consumer under para. 1.

§19. Indemnification (recourse) — business users

1. A User who is a Business (excluding an entrepreneur with consumer rights) undertakes to indemnify the Provider and to cover reasonable, actually incurred costs (including legal-defence costs and amounts finally awarded by a court or paid under a reasonable settlement) arising on the Provider’s side in direct connection with third-party claims or administrative or court proceedings, to the extent they result from: (a) Input material submitted by that User or the lack of rights or consents to it (in particular infringement of copyright, personal rights, image rights or data-protection law); (b) the User’s use of the Output, including the content of their listings, offers and publications and their non-compliance with law, with the prohibition of unfair market practices, or with platform rules; (c) the User’s breach of these Terms. 2. The obligation under para. 1 does not cover costs or damage to the extent they result from the Provider’s fault. The Provider will promptly notify the User of any such claim, allow the User to participate in the defence, and will not enter into a settlement binding that User without the User’s consent, which the User shall not unreasonably withhold. 3. This section does not apply to a User who is a Consumer or an entrepreneur with consumer rights; such persons are liable under the general rules of the Civil Code. It does not exclude the Provider’s liability for damage caused intentionally (Art. 473 § 2 of the Polish Civil Code).

§20. Final provisions

These Terms should be read together with the Privacy policy (data processing — §10), the Cookie policy and the Accessibility statement; for personal data the Privacy policy prevails. §§13–19 do not waive or limit any mandatory rights of a Consumer or of an entrepreneur with consumer rights, in particular the right of withdrawal (§7), complaints (§8) and out-of-court dispute resolution (§9); on any conflict, consumer-protective law prevails and the Terms are construed in the Consumer’s favour. Provisions limiting or excluding the Provider’s liability and any indemnification (recourse) apply only to the extent permitted by law — and do not apply to Consumers where they would breach mandatory law. If any provision is or becomes invalid or prohibited (especially toward a Consumer), it does not bind to that extent and the remaining provisions stay in force; the invalid provision is replaced by the applicable statutory rule consistent with the Terms’ purpose. Matters not covered here are governed by Polish law. These Terms may be updated; the current version is published on this page, and existing Users are informed of material changes before they take effect.