§ 1 Information about the Seller (Licensor). Communication.

1. The Online Store at the internet address https://subscription.exhibeon.com/ is operated by Pixel Technology spółka z ograniczoną odpowiedzialnością with its registered office in Łódź, address: ul. Piękna 1, 95-558 Łódź, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register under the KRS number: 0000625376, NIP: 7271010965, REGON: 471043763, with a share capital of: 200,000.00 PLN (hereinafter referred to as the Seller or Licensor).
2. The Seller conducts business under the rules set out in the Entrepreneurs’ Law Act and is a small entrepreneur within the meaning of Article 7 section 1 of the aforementioned Act.
3. The Client may verify the correctness of the Seller's data on the Court Registers Portal at the following web address: https://wyszukiwarka-krs.ms.gov.pl/
4. The Seller uses the following means of remote communication
   1. E-mail: sekretariat@pixel.com.pl;
   2. Phone: +48 42 637 39 73;
   3. The Client may also submit statements to the Seller in written form by sending them to the address indicated in section 1 above
5. The Website may also indicate additional means of communication with the Seller.
6. The Client may communicate with the Seller in the following languages: Polish and English.
7. The Seller is available on Business Days from 8:00 AM to 4:00 PM.
8. The cost of connecting to the Seller's phone number indicated in the Terms or on the Online Service is no higher than the standard telephone call charge and depends on the pricing of the operator used by the Client.

§ 2 Definitions.

Whenever referred to in the Terms and Conditions

1. Price – shall mean the license fee due to the Seller from the Client for the Subscription, i.e., for the time-limited right of access and use by the Client or Authorized User of the paid version of the Software under the terms and within the limits set forth in the Terms and Conditions.
2. Personal Data – shall mean personal data as defined under the GDPR.
3. Additional License Terms – shall mean additional terms and conditions that may be included by the Seller in the Product description in the Online Store, which constitute an integral part of the License Agreement.
4. Business Day – shall mean a day from Monday to Friday, excluding public holidays.
5. Registration Form – shall mean a form available in the Online Store, enabling the creation of an Account and the purchase of a Subscription.
6. Client – shall mean (1) a natural person with full legal capacity, and in cases provided for by law, also a natural person with limited legal capacity, (2) a legal person, or (3) an organizational unit without legal personality, which is granted legal capacity by law – who
   1. intends to, has downloaded, or is using the free version of the Software;
   2. intends to or has created an Account;
   3. intends to or has placed an Order in the Online Store.
7. Consumer Client – shall mean a Client who is a consumer within the meaning of Article 22[1] of the Civil Code.
8. Entrepreneur Client – shall mean a Client who is an entrepreneur within the meaning of Article 43[1] of the Civil Code.
9. Civil Code (or abbreviated as CC) – shall mean the Act of 23 April 1964 – Civil Code.
10. Account – shall mean an account on the Online Service, identified by an individual name (login) and password provided by the Client, which was assigned to the Client after using the functionality available in the Online Store that allows its creation;
11. Promotional Code – shall mean digital content not recorded on a material medium, constituting a unique code that entitles the Client to reduce the Product Price in the Online Store.
12. Licensee – shall mean a Client who has downloaded or is using the free version of the Software, as well as a Client who has placed an Order in the Online Store.
13. Licensor – shall mean the Seller.
14. Software – shall mean software or other digital content, digital service or good with digital elements, available in the Online Store, which is the subject of the License Agreement, also referred to as the Product.
15. Privacy Policy – shall mean a document containing information on the operation of the Website and the Online Store, relating in particular to the subject of personal data, the Seller’s approach to personal data processing, and the exercise of rights by data subjects.
16. Copyright Law – shall mean the Act of 4 February 1994 on copyright and related rights.
17. Product – shall mean the Software.
18. Provisions of Law – shall mean all generally applicable legal provisions in the Republic of Poland.
19. Terms and Conditions – shall mean this document together with the Annexes.
20. Product Terms – shall mean an Annex that contains additional provisions detailing or expanding the content of the Terms and Conditions for specific types of Products.
21. GDPR – shall mean Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
22. Online Store – shall mean the Seller’s online store available at the internet address indicated in § 1 section 1 of the Terms and Conditions.
23. Seller – shall mean the legal entity referred to in § 1 section 1 of the Terms and Conditions, also referred to as the Licensor.
24. Website – shall mean the internet service operated and maintained by the Seller at the internet address indicated in § 1 section 1 of the Terms and Conditions.
25. Subscription – shall mean the right to access and use the paid version of the Software, which is the subject of the Order, under the terms and within the limits set forth in the Terms and Conditions, in exchange for payment of the Price; the Subscription is automatically renewed for subsequent identical periods in exchange for payment of the Price, unless the Client cancels it.
26. Durable Medium – shall mean a medium or tool within the meaning of Article 2 point 4 of the Consumer Rights Act, used for storing information in a manner that allows access to the information in the future for a period appropriate to the purposes for which the information is used, and which enables the reproduction of the stored information in an unchanged form (e.g., paper, email correspondence).
27. License Agreement – shall mean a license agreement within the meaning of Article 66 section 1 of the Copyright Act, the subject of which is the Product; it is concluded between the Seller (as Licensor) and the Client (as Licensee) under the terms and within the limits set forth in the Terms and Conditions. The License Agreement is concluded remotely within the meaning of Article 2 point 1 of the Consumer Rights Act.
28. Account Maintenance Agreement – shall mean the agreement for maintaining the Client’s Account in the Online Store by the Seller.
29. Authorized User – shall mean a natural person indicated to the Seller by the Client under the terms set out in the Terms and Conditions, authorized to use the Product within the scope of an additional Subscription purchased by the Client.
30. Electronic Service – shall mean a service provided electronically by the Seller to the Client via the Online Store, which is not a Product (e.g., Account).
31. After-Sales Services – shall mean additional services related to the Product that the Seller may provide to the Client after concluding the License Agreement, under the terms and within the limits defined in a separate agreement.
32. Consumer Rights Act – shall mean the Act of 30 May 2014 on consumer rights.
33. Act on the Provision of Electronic Services – shall mean the Act of 18 July 2002 on the provision of electronic services.
34. Copyright Act – shall mean the Act of 4 February 1994 on copyright and related rights.
35. Entrepreneurs' Law – shall mean the Act of 6 March 2018 – Entrepreneurs' Law.
36. Annex – shall mean a document that is an integral part of the Terms and Conditions, containing additional provisions detailing or expanding the content of the Terms and Conditions.
37. Order (placing an Order) – shall mean the acceptance of the Seller’s offer and the purchase of a Subscription by the Client from the Seller in the Online Store; placing an Order results in obtaining the right to access and use the paid version of the Product indicated in the Order, under the terms and within the limits set forth in the Terms and Conditions, in exchange for payment of the Price.

§ 3 General Provisions.

1. The Terms and Conditions specifically define the conditions for the Client's use of the Website, the Online Store, Electronic Services, and the terms (rules and limits) of the License Agreement concluded by the Seller (as Licensor) with the Client (as Licensee) via the Online Store.
2. The Terms and Conditions are binding for all Clients using the Online Store.
3. A specific provision of the Terms and Conditions may apply only to a certain type of Client (Consumer Client or Entrepreneur Client), if the Terms and Conditions expressly state so. Legal provisions referenced in the Terms and Conditions may regulate the rights and obligations of the Consumer Client and the Entrepreneur Client differently.
4. Provisions of the Terms and Conditions concerning the Consumer Client also apply to a natural person entering into an agreement with the Seller directly related to their business activity, if the content of the agreement indicates that it does not have a professional character for that person, in particular resulting from the nature of their business activity as made available in the Central Registration and Information on Business.
5. Provisions of the Terms and Conditions or the License Agreement that are less favorable to the Consumer Client than the mandatory provisions of law are invalid, and the aforementioned legal provisions shall apply in their place.
6. The Online Store allows the conclusion of agreements solely between the Seller and the Client.
7. The Terms and Conditions may provide for the Client’s duty to cooperate with the Seller. In such a case, the Client undertakes to take the actions specified in the Terms and Conditions without undue delay, exercising due diligence.
8. A delay by the Client in fulfilling the obligations specified in the Terms and Conditions extends the deadline for the Seller to fulfill their obligation to the Client by the duration of the delay.

§ 4 Technical and Legal Requirements.

1. The Client may use the Website, Online Store, and Electronic Services provided that they use an ICT system that meets the following minimum technical requirements:
   1. a multimedia device with Internet access;
   2. access to email;
   3. an up-to-date web browser: Mozilla Firefox, Opera, Google Chrome, Apple Safari, or Microsoft Edge.
2. The technical requirements necessary to use the Product are specified in the Product Terms, with the general rule being that:
   1. The Software is not available on mobile devices unless the Product Terms explicitly state otherwise;
   2. the device on which the Software is available must have the latest, up-to-date operating system for that device, unless the Product Terms explicitly state otherwise.
3. When using the Website, Online Store, Electronic Services, and the Product, the Client should use appropriate technical solutions, particularly antivirus software, firewalls, etc., to minimize the risk of threats related to using the Internet (such as malicious software).
4. Using the Online Store, Electronic Services, and the Product requires the Client to become acquainted with the Terms and Conditions.
5. The Client should use the Online Store, Electronic Services, and the Product in accordance with the provisions of law, good practices, and the Terms and Conditions, and additionally in a manner that does not disrupt their functioning or cause inconvenience to other Clients or the Seller.
6. If the Client violates the provision from the preceding section, the Seller may call on the Client to cease the violations and set an appropriate deadline for doing so, not shorter than 7 days. Failure to comply with the Seller’s request entitles the Seller to terminate any or selected agreements concluded with the Client with 14 days’ notice. After the notice period expires, the Seller shall promptly delete the Client’s account or terminate the provision of other services to them.

§ 5 Electronic Services. Placing an Order.

1. An Electronic Service available in the Online Store is: the Account.
2. Electronic Services are provided 24 hours a day, 7 days a week, unless the Terms and Conditions state otherwise.
3. To create an Account in the Online Store, the Client must complete the following steps:
   1. Step 1: complete the Registration Form, in which the following data must be provided: first and last name, email address, contact phone number (optional), profession (optional), country, password, and password confirmation.
   2. Step 2: confirm having read and accepted the Terms and Conditions by checking the appropriate checkbox;
   3. Step 3: confirm consent to the processing of diagnostic data by checking the appropriate checkbox;
   4. Step 4: click the 'Register' button;
   5. Step 5: click the activation link sent to the provided email address.
4. The Electronic Service Account is provided free of charge for an indefinite period under the Account Maintenance Agreement, concluded at the time the Client creates the Account.
5. The Electronic Service Account is a prerequisite for placing an Order in the Online Store, and after placing an Order, it allows the Client to access information about the Order, Subscription period, edit data including payment card details, place Orders for additional licenses, and cancel the Subscription.
6. Use of the Account by the Client occurs through logging in with the login and password created during the Account registration process. The Client is obliged not to share the Account with third parties, including keeping the login and password confidential and not disclosing them.
7. The Client may generate a new password using the 'Forgot password? Reset it' form.
8. The Client may delete the Account at any time by sending a corresponding request to the Seller via the remote communication methods indicated in § 1 of the Terms and Conditions. It is assumed that the request to delete the Account constitutes immediate termination of the Account Maintenance Agreement. The request to delete the Account also constitutes immediate termination of all other paid continuous contracts concluded with the Seller (e.g., paid License Agreement). In such cases, the Client is not entitled to a refund of the Price for the unused period. The Seller shall promptly fulfill the Client’s request and notify the Client on a Durable Medium about the Account deletion. After the Account is deleted, the Software switches to non-diagnostic mode, and the price is non-refundable.
9. The Seller also deletes the Account in the following situations:
   1. The Client, after creating the Account, did not place an Order in the Online Store;
   2. The Subscription period has expired and the Client has not paid the Price (i.e., has not renewed the Subscription period) or has not placed another Order in the Online Store;
   3. The paid License Agreement has been terminated or expired.
   The Seller deletes the Account within 6 months from the occurrence of any of the above situations. The Seller notifies the Client on a Durable Medium about the intent to delete the Account 14 days before the planned deletion. Additionally, the Seller notifies the Client on a Durable Medium about the Account deletion.
10. A deleted Account is not restored. Using functionalities of the Online Store that require an Account will require the Client to create a new Account.
11. To place an Order in the Online Store, the Client must follow the steps described in section 3 above, and then take the following steps:
    1. step 6: after previously selecting the preferred Subscription period, confirm that he has read the Terms and Conditions and accepts its provisions by checking the appropriate checkbox
    2. step 7: select the preferred number of Subscriptions (each additional Subscription increases the Price by 100 percent) and optionally enter a discount code, if the Client has one and wants to use it;
    3. step 8: click the „Proceed To Checkout”, button;
    4. step 9: fill out the form, in which the following data must be provided: first and last name, billing address (main place of business activity/headquarters), shipping address (optional); in the case of Business Clients who want to receive a VAT invoice, it is also necessary to provide the company name and NIP number;
    5. step 10: click the „Next” button;
    6. step 11: fill in the payment card details (card number, expiration date and CVV key);
    7. step 12: click the „Next” button;
    8. step 13: click the „Pay [payment amount] & subscribe” button.
12. By clicking the „Pay [payment amount] & subscribe” button, the Client confirms that his Order is complete, is final in nature and understands that the above constitutes confirmation of the intention to purchase the Subscription, i.e. obtaining the right to access and use the paid version of the Product specified in the Order, on the terms and within the limits specified in the Terms and Conditions, including resulting in the withdrawal of funds from the Client's payment card as payment of the Price. The Client also confirms that he is aware that the Subscription renews automatically, unless the Client cancels it, i.e. that the withdrawal of funds from the Client's payment card as payment of the Price for subsequent Subscription periods will occur successively and automatically, until the Subscription is cancelled.
13. Before placing an Order, the Client must consent to the delivery of digital content before the withdrawal period expires (in circumstances resulting in the loss of the right of withdrawal – this matter is detailed in the Terms and Conditions section entitled 'Withdrawal from the License Agreement'). This allows the Client to use the paid version of the Product immediately after installation – however, without the right to withdraw from the License Agreement.
14. After placing the Order, the Seller will send confirmation of receipt of the Order and a file enabling installation of the Software to the email address provided by the Client during Account registration. The paid License Agreement is concluded under the condition of payment of the Price. If payment is not received in the Seller’s account, the Seller has the right at any time to revoke the Client’s access to and use of the paid (diagnostic) version of the Software.
15. The Client agrees to receive from the Seller confirmation of receipt of the Order and a file enabling installation of the Software via email.
16. If the Client does not provide the data required to issue a VAT invoice, the Seller will issue another accounting document appropriate for the Order after the Order is placed.

§ 6 Products.

1. The presentation of the Product by the Seller via the Online Store constitutes an offer to conclude a License Agreement under the terms specified in the Terms and Conditions.
2. The Seller declares that the Products presented by the Seller via the Online Store are free from legal defects, approved for distribution, and may be the subject of a License Agreement without the Client having to obtain any permits or licenses.
3. The Seller has the right at any time (without affecting already concluded License Agreements) to:
   1. add or remove Products in the Online Store;
   2. and amend the Additional License Terms relating to the Products.
4. Through the Online Store, the Seller will publish essential information about the Products, in particular descriptions of their functionalities (features, applications) and the conditions under which they are sold or provided (Additional License Terms). The Additional License Terms shall apply from the date of their publication in the Online Store.
5. Changes to the Additional License Terms are effective from the date the updated Additional License Terms are published in the Online Store. The version of the Additional License Terms in force on the date the Client places the Order shall apply to License Agreements, unless the Terms and Conditions state otherwise.

§ 7 Payment Methods and Deadlines. Subscription.

1. The Client may purchase a Subscription only through upfront payment. Acquisition of the Subscription is conditional upon the Client's payment of the Price to the Seller. The Client undertakes to pay the Price within 2 days from placing the Order. If the Client fails to pay the Price to the Seller within 2 days from placing the Order, the Seller is released from obligations towards the Client, in particular from the obligation to provide access to and use of the paid version of the Software, and the paid License Agreement is transformed into a free License Agreement without the need for any additional statements from either Party.
2. Prices in the Online Store are given in Polish zloty. The stated Price refers to a single Subscription. Each additional Subscription included in the Order increases the Price by 100 percent.
3. The Seller provides the Client with a payment method exclusively via payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro).
4. Payment for the Subscription is made exclusively through a recurring payment mechanism and only via one payment card. Unlinking the Card from the Subscription results in termination of the Subscription.
5. The Client is obliged to pay the Price in connection with their Subscription. Payment of the Price means the funds are credited to the Seller’s account or confirmation of payment is received from the payment operator, not the moment the payment instruction is issued.
6. The Seller offers monthly or annual Subscriptions. A monthly Subscription entitles the Client to access and use the paid version of the Software for one month, and an annual Subscription for one year. The Client selects the Subscription period during the purchase process.
7. The Subscription is automatically renewed for subsequent identical periods unless canceled by the Client. This means that charges to the Client’s payment card for subsequent Subscription periods will be made automatically and successively until the Subscription is canceled, and in return the Client will have access to and use of the paid version of the Software for the duration of the Subscription under the terms set forth in the Terms and Conditions. By purchasing the Subscription, the Client consents to the Seller or payment service providers automatically charging the appropriate Price for subsequent Subscription periods until cancellation. The next payment date can be checked in the Electronic Service Account.
8. The Client manages the Subscription through the Account according to the available options.
9. To avoid charging and collecting the Price for the next Subscription period, the Client must cancel the Subscription. The Client may cancel the Subscription at any time via email or by phone according to the contact details provided in § 1 of the Terms and Conditions. Cancellation of the Subscription by the Client is equivalent to withdrawing consent for subsequent charges under recurring payments. In case of Subscription cancellation, the Client retains access to the Subscription until the end of the current Subscription period. After this period, the Subscription expires, and the paid License Agreement converts to a free License Agreement without the need for additional declarations by the Parties.
10. If the Price is not paid for the next Subscription period (e.g., due to the Client's payment card expiring or insufficient funds), and the Client does not cancel the Subscription, the Seller has the right to terminate the Subscription. Before terminating, the Seller will send the Client an appropriate notice via the email address provided during Account registration and grant an additional period of at least 7 days to pay the Subscription Price. Upon termination of the Subscription by the Seller, the Subscription expires and the paid License Agreement is transformed into a free License Agreement without the need for additional statements from the Parties.
11. The Seller may also choose not to renew the Client’s Subscription for another period (terminate the Subscription) in other situations, particularly if it decides to withdraw a given Product from the market, discontinue offering the Subscription under the current terms or at the current Price. In such cases, the Seller will inform the Client that their Subscription will not be automatically renewed at least one month before the end of the current Subscription period. The Seller may then present a new offer (new terms), including a new Price. The Client consents to receiving the new offer (new terms), including the new Price, via the email address provided during Account registration. If the Client does not accept the new offer (new terms) or the new Price, no change takes effect and the Seller has the right not to renew the Subscription.
12. The Seller may make changes to the purchased Subscription with the explicit consent of the Client, unless the Terms and Conditions provide otherwise for specific changes. More information on this topic can be found in the section of the Terms and Conditions titled 'Final Provisions'.
13. The Subscription entitles only the Client to use the Product. Purchasing an additional Subscription entitles one Authorized User to use the Product. The indication of the Authorized User by the Client is made via the Electronic Service Account.
14. The Client is responsible for all actions and omissions of each Authorized User. Both the Client and the Authorized User are responsible for keeping email addresses, logins, passwords, and payment data linked to the Account confidential. Additionally, both must maintain control over all devices that allow access to the Product and must not allow unauthorized users access to their devices or Account.

§ 8 License Agreement. License.

1. The Client may access and use certain Products without creating an Account or making a payment (purchasing a Subscription). This applies to Products in the free (basic) version. As a rule, free Products include a non-diagnostic mode or include a diagnostic mode only for a trial period not exceeding 30 days, after which the Product switches to non-diagnostic mode, unless the Client purchases a Subscription. To use the Product in the free version, it is necessary to download the installation file and install it on the Client's device.
2. Access to and use of paid Products requires creating an Account, purchasing a Subscription, and maintaining an active Subscription.
3. The License Agreement is concluded when the Client downloads the installation file of the free version of the Software (free License Agreement) or purchases a Subscription (paid License Agreement). The paid License Agreement is transformed into a free License Agreement in cases specified in the Terms and Conditions. The free License Agreement applies only to the free version of the Software.
4. The License Agreement is concluded in the Polish language.
5. The Licensor declares that it holds the rights to the Software entitling it to grant the License in accordance with the Terms and Conditions.
6. By concluding the License Agreement, the License is granted. The License entitles the Licensee to use the Software under the conditions specified in the Terms and Conditions.
7. Obligations and declarations relating to the Licensee also apply to the Authorized User.
8. The Licensor grants the License on the condition that the Licensee accepts the Terms and Conditions. By accepting the Terms and Conditions, the Licensee agrees to comply with them. If the Licensee does not accept any provision of the Terms and Conditions, they should not install the Software or otherwise use it.
9. The Software is protected by law, in particular by Copyright Law. Violation of these rights is subject to civil and criminal liability.
10. The License is non-exclusive, non-assignable, and non-transferable. In the case of a free License Agreement, the license is free of charge. In the case of a paid License Agreement, the license is paid.
11. The License allows use of the Software within the territory of the Republic of Poland and beyond.
12. The License is granted for the following fields of exploitation:
    1. Installation (input into memory), storage, launch, and display of the Software on the Licensee’s appropriate hardware;
    2. use of the Software in accordance with its purpose, exclusively for the needs of the Licensee;
13. The Licensee is not authorized to:
    1. distribute the Software in any form or by any means;
    2. publicly perform, play, exhibit, display, publish, transmit, or retransmit the Software, as well as make the Software publicly available in such a way that anyone can access it at a place and time of their choosing;
    3. grant licenses or sublicenses to the Software and introduce it to the market, sell, rent, lease, lend, assign, or duplicate the Software, including its accompanying materials and media;
    4. duplicate, reproduce, or copy the Software or its accompanying materials by any means and in any form, except for printouts generated by the Software and user manuals for personal use;
    5. interfere in any way with the source code of the Software (in particular: altering the code, compiling, decompiling, etc.);
    6. engage in any other improvement, processing, alteration, adaptation, modification, compilation, decompilation, translation of the Software, or creation of derivative works or extensions based on the Software, including specifically:
    7. changing the intended use of the Software;
    8. adapting the Software for other purposes;
    9. using the Software to create other works;
    10. authorizing the exercise of a derivative copyright.
14. The License does not transfer to the Licensee the proprietary copyrights to the Software.
15. The Licensee using the Software in the free version or using it after a paid License Agreement has been transformed into a free License Agreement does so at their own risk and may not use the Software for diagnostic purposes, as there is only technical access with limited functionality.
16. The Licensor has the right to terminate or cancel the free License Agreement at any time without any legal consequences. The Licensor also has the right to terminate or cancel the paid License Agreement (end the Subscription) without legal consequences in the cases indicated in the Terms and Conditions.
17. By installing the Software or purchasing the Subscription, the Consumer Client submits a request to start using the Software before the withdrawal period from the License Agreement expires.
18. The License does not deprive the Licensor of the right to use individual components of the Software to create and manage separate works.
19. The Licensor grants the License on the condition that the Licensee consents to the processing of anonymous technical data by the Licensor. Anonymous technical data means information about the device or operating system used by the Licensee, error logs, and other similar data excluding personal data. This consent is voluntary, but failure to provide it prevents installation and use of the Software. If the Licensee does not consent to the processing of Anonymous technical data, they should not install or otherwise use the Software. The Licensor processes Anonymous technical data solely to improve the quality of the Software and other programs or services provided by the Licensor.
20. The Licensor does not share Anonymous technical data with third parties, unless required by law or necessary to resolve issues related to the Software.
21. The Licensor does not provide the Licensee with any warranty regarding the Product.
22. The License is governed by the law of the Republic of Poland.
23. If any provision of the Terms and Conditions relating to the License Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be interpreted in a way that best achieves the intended result of the original clause. If such interpretation is not possible, the respective provision or part of it shall be deemed deleted, and the remaining provisions shall remain in effect to the fullest extent permitted by law.
24. Failure or delay by the Licensor in exercising any right (claim, entitlement) under the Terms and Conditions or applicable law does not constitute a waiver of that right (claim, entitlement).

§ 9 Withdrawal from the License Agreement.

1. The Consumer Client may withdraw from the License Agreement within 14 days from the date of its conclusion, subject to the provisions of this paragraph. To meet the deadline referred to above, it is sufficient for the Consumer Client to send a statement of withdrawal from the Agreement to the Seller, in writing or by email, before the expiry of that period. This statement does not require justification. The statement of withdrawal from the License Agreement should be sent to the address indicated in § 1 of the Terms and Conditions or the Seller's email address indicated in § 1. The statement may take any form that clearly expresses the will to withdraw from the License Agreement. The Consumer Client may use the withdrawal form template provided in Annex 2 to the Consumer Rights Act or Annex 1 to the Terms and Conditions, but this is not obligatory.
2. The Seller shall promptly send the Consumer Client confirmation of receipt of the withdrawal statement on a Durable Medium.
3. Withdrawal from the License Agreement by the Consumer Client results in the Agreement being deemed not concluded. The Seller is obliged to promptly, and no later than within 14 days of receiving the Consumer Client's statement of withdrawal, return all payments made by the Consumer Client, subject to the provisions of this paragraph. The refund will be made using the same payment method that the Consumer Client used, unless they expressly agreed to a different method that incurs no additional cost.
4. Upon withdrawal from the License Agreement by the Consumer Client, the Seller may not use any content other than personal data provided or generated by the Consumer Client while using the Product or Electronic Services, except for content that:
   1. relates solely to the Consumer Client's activity while using the digital content or service provided by the Seller;
   2. has been combined by the Seller with other data and cannot be separated without disproportionate effort.
   3. is useful solely in connection with the digital content or service that was the subject of the agreement;
   Except in the cases mentioned above, the Seller shall, at the Consumer Client’s request, provide access to content other than personal data that was provided or generated by the Consumer Client during the use of digital content or services provided by the Seller.
5. In case of withdrawal from the License Agreement by the Consumer Client:
   1. The Consumer Client is obliged to stop using the Product and refrain from sharing it with third parties;
   2. The Seller may block the Consumer Client's further access to the Product, in particular by disabling access or restricting functionality.
6. If the Consumer Client exercises the right of withdrawal after having submitted a request under Article 15(3) and Article 21(2) of the Consumer Rights Act, they are obliged to pay for services rendered up to the moment of withdrawal. The amount is calculated proportionally to the extent of the service performed, based on the agreed Price.
7. The Consumer Client does not bear the cost of delivering the Product if:
   1. they did not consent to the service being rendered before the end of the withdrawal period under Article 27(1) or (2) of the Consumer Rights Act; or
   2. they were not informed about the loss of the right of withdrawal at the time of giving such consent; or
   3. the Seller did not provide confirmation as required under Article 15(1) and Article 21(1) of the Consumer Rights Act.
8. At the time of withdrawal from the License Agreement by the Consumer Client, any associated additional agreements concluded by the Consumer Client under which the Seller provides services (e.g., Account Maintenance Agreement) expire. The Consumer Client shall not bear any costs related to the expiration of these agreements.
9. The right to withdraw from the License Agreement does not apply to the Consumer Client in the case of agreements listed in Article 38 of the Consumer Rights Act of 30 May 2014, in particular agreements:
   1. for the provision of services for which the Consumer Client is obliged to pay, where the Seller has fully performed the service with the Consumer Client’s prior express consent, who was informed before the service began that they would lose the right to withdraw once the service was performed, and accepted this;
   2. for the delivery of digital content not supplied on a tangible medium, for which the Consumer Client is obliged to pay, where the Seller began the service with the Consumer Client’s prior express consent, who was informed before the service began that they would lose the right to withdraw once the service was performed, and accepted this, and the Seller provided the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.

§ 10 Complaints.

1. This paragraph of the Terms and Conditions outlines the complaint procedure for Consumer Clients submitted to the Seller, in particular regarding the Product, License Agreement, Electronic Services, Online Store, and other areas related to the Seller’s operations.
2. The Consumer Client may submit complaints to the Seller via any communication channel, for example:
   1. in writing to the Seller's address indicated in § 1 of the Terms and Conditions;
   2. by email to: sekretariat@pixel.com.pl.
3. The Consumer Client may submit complaints to the Seller especially when:
   1. the Product does not launch;
   2. payment for the Product was made, but the Product cannot be downloaded.
4. The Seller recommends that the Consumer Client's complaint includes:
   1. information to identify the agreement and the Product concerned;
   2. a detailed description of the defect or a concise statement of the subject of the complaint;
   3. an indication of the circumstances and the date the defect or irregularity was discovered by the Consumer Client;
   4. the current contact details of the Consumer Client, particularly email address and phone number (if different from those provided when creating the Account);
   5. photo or video documentation illustrating the reported defect or irregularity;
   6. a concise statement of the Consumer Client’s expectations regarding the resolution of the complaint by the Seller.
   The above complaint elements may facilitate the Seller’s handling of the complaint but are only recommendations and do not affect the validity of complaints submitted without them.
5. The Seller will respond to the Consumer Client's complaint within 14 calendar days from receipt. If justified by the circumstances, the Consumer Client may be asked to provide additional information related to the complaint before it is reviewed.
6. The Consumer Client agrees to receive a response to the complaint from the Seller via any communication channel (e.g., letter, SMS, email, or other commonly used internet messengers or applications).
7. If the Seller considers the complaint justified in whole or in part, they will inform the Consumer Client about the anticipated timeline for resolving the issue.
8. If the Seller considers the complaint unjustified in whole or in part, they will inform the Consumer Client whether the Seller agrees to participate in a procedure for out-of-court resolution of consumer disputes.
9. The Consumer Client may use out-of-court means of complaint handling and redress in accordance with the Act on out-of-court resolution of consumer disputes of 23 September 2016 (Journal of Laws of 2016, item 1823).
10. Before bringing a lawsuit, the Consumer Client may also use:
    1. conciliation proceedings regulated by Articles 184 et seq. of the Polish Code of Civil Procedure, by submitting an application to the locally and materially competent common court;
    2. the Online Dispute Resolution (ODR) platform operated by the European Commission; address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
11. Detailed information on the consumer’s ability to use out-of-court complaint handling and redress methods and the rules for access to these procedures are available at the offices and websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, and on the websites of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl.
12. The Seller points out that using out-of-court dispute resolution methods is voluntary for both parties.
13. The provisions of the Terms and Conditions concerning complaints apply accordingly to Entrepreneur Clients, with the proviso that:
    1. the complaint elements listed in section 4 above are mandatory, and a complaint that omits any of them releases the Seller from the obligation to respond;
    2. lack of response from the Seller or failure to meet the response deadline does not constitute acceptance of the complaint (in whole or in part);
    3. there is no possibility of using the out-of-court complaint and redress procedures mentioned in the Terms and Conditions, and the Seller does not agree to them, which does not require any additional statement (notification); any disputes arising with the Seller shall be resolved by the court competent for the Seller’s registered office.

§ 11 Personal Data.

1. The administrator of Personal Data processed in the Online Store in connection with or on the occasion of executing the provisions of the Terms and Conditions or Annexes is the Seller.
2. The Seller undertakes to process Personal Data in accordance with applicable legal provisions, in particular the provisions of the GDPR.
3. The Seller processes the following data of the Client, who is a natural person and places an Order in the Online Store:
   1. first name;
   2. last name;
   3. profession;
   4. email address;
   5. phone number or other communication channels;
   6. payment card number;
   7. company name, principal place of business/registered office, and VAT ID (for Clients who want to receive a VAT invoice).
4. The Seller processes Personal Data based on Article 6(1)(b), (c), and (f) of the GDPR, i.e., for the purpose of maintaining the Account, concluding and performing the License Agreement with the Client, fulfilling legal obligations imposed on the Seller arising from the agreement with the Client or from the law, and pursuing the Seller’s legitimate interests, including in particular handling payments, providing access to the Product, and handling complaints.
5. Using the Website and Online Store, including placing Orders and concluding agreements via them, is voluntary. Providing Personal Data by the Client is voluntary; however, failure to provide it will result in the inability of the Seller to undertake specific actions (e.g., creating an Account, concluding and performing the agreement, etc.).
6. Personal Data will be stored by the Seller for the duration of the agreement with the Client and, after its termination, until the expiry of the limitation period for claims related to the above agreement or for the period required for potential archiving of documents.
7. The Seller informs that in connection with its business activities, it may disclose Personal Data to the following entities:
   1. entities performing work or services for the Seller in the areas of payment processing, accounting, HR and OHS, legal services, delivery and support of IT systems, including hosting service providers – under relevant data processing agreements concluded between the Seller and these entities;
   2. public administration authorities, courts, and other entities authorized to obtain Personal Data under applicable law;
   3. postal and courier operators.
8. The Seller will not use Personal Data for automated decision-making, including profiling.
9. The Seller will not transfer Personal Data outside the European Economic Area (hereinafter: “EEA”) to third countries or international organizations.
10. The Client who is a natural person has the right to:
    1. access their Personal Data, rectify it, delete it, or restrict its processing;
    2. data portability and to receive a copy of their Personal Data;
    3. object to the processing of Personal Data; however, if the Seller processes the Personal Data based on its legitimate interest, such an objection requires justification due to the Client’s particular situation.
11. For any matters related to Personal Data, the Client may contact the Seller:
    1. by mail to the Seller’s registered office address;
    2. via email or telephone using the contact details provided in § 1 of the Terms and Conditions.
12. The Seller informs that a Data Protection Officer has been appointed within the organization and can be contacted using the details indicated in the section above.
13. If the Client believes the Seller is processing Personal Data unlawfully, they may contact the Seller in the manner specified above or lodge a complaint with the supervisory authority, i.e., the President of the Personal Data Protection Office.
14. Detailed information on the processing of Personal Data by the Seller is provided in the Privacy Policy, published and available on the Website.
15. Detailed information on the type and scope of cookies and any analytical tools used on the Website and in the Online Store is provided in the Cookie Policy, published and available on the Website.

§ 12 Force Majeure.

1. Neither the Seller nor the Client shall be liable for a breach of obligation arising from the agreement if the sole cause of the breach is an act of force majeure.
2. For the purposes of this agreement, force majeure shall mean sudden events or circumstances beyond the control of the parties, unforeseeable at the time of concluding the agreement, affecting its performance, whose effects cannot be prevented or overcome despite exercising due diligence. In particular, force majeure shall include events such as: earthquakes, floods, fires, hurricanes, storms, strong winds, blizzards, or other adverse weather conditions preventing proper performance of the agreement without incurring additional costs, as well as transportation difficulties related to such adverse natural forces, wars, terrorist attacks, hacker attacks, malicious software, or other unlawful acts by third parties aimed at destroying or disrupting IT systems (especially the Product, Website, or Online Store), unexpected or unpredictable behavior of web browsers (e.g., errors, updates, unsupported functionalities), epidemics, strikes, protests, road blockades, road accidents, or power outages.
3. It is assumed that any events resulting from the SARS-CoV-2 virus epidemic or similar, which directly affect the possibility of the Seller providing any services, shall be treated as force majeure (in particular: restrictions imposed by public authorities, the need to ensure the safety of employees, associates, and subcontractors), etc.
4. In the event of force majeure, the deadline for fulfilling contractual obligations shall be extended by the duration of the force majeure.

§ 13 Additional Provisions.

1. The Seller is liable to the Consumer Client for the conformity of the Product with the agreement on the basis of the Consumer Rights Act.
2. Chapter 5b and subsequent provisions of the Consumer Rights Act specify in particular:
   1. the circumstances under which a Product may be considered non-compliant with the agreement;
   2. the time limits of the Seller’s liability in case of non-compliance of the Product with the agreement;
   3. the rights of the Consumer Client in the event of non-compliance of the Product with the agreement.
3. The provisions of Book Three, Title XI, Division II of the Civil Code do not apply to the License Agreement concluded with the Consumer Client.
4. The Seller is liable for the actions or omissions of its subcontractors as if they were its own.
5. The Seller may provide After-Sales Services to the Client. After-Sales Services are not part of the License Agreement, and in every case, After-Sales Services shall be provided to the Client under a separate agreement.

§ 14 Provisions Concerning Business Clients.

1. The Seller has the right to withdraw from any agreement concluded with an Entrepreneur Client within 14 days from the date of its conclusion. Withdrawal from the agreement may occur without stating a reason and does not give rise to any claims by the Entrepreneur Client against the Seller. The withdrawal statement must be made in writing or in documentary form (e.g., by email).
2. The Seller may terminate any agreement concluded with an Entrepreneur Client with 14 days’ notice. Termination may occur without stating a reason and does not give rise to any claims by the Entrepreneur Client against the Seller. The termination statement must be made in writing or in documentary form (e.g., by email).
3. The Seller’s liability under the warranty for the Product or for lack of conformity of the Product with the agreement is excluded.
4. The Seller is liable only for damages and lost profits caused intentionally to the Entrepreneur Client. The total liability of the Seller towards the Entrepreneur Client, regardless of the legal basis, is limited to the amount of five thousand Polish zloty.
5. Any disputes arising between the Seller and the Client shall be submitted to the court having jurisdiction over the Seller’s registered office.

§ 15 Final Provisions.

1. The Terms and Conditions are effective from the date of their publication on the Website. The current version of the Terms and Conditions was published in the Online Store on 24.06.2025.
2. The Terms and Conditions are continuously available in the Online Store and may be read, downloaded, and saved by the Client at any time on a Durable Medium, in particular by printing or saving it.
3. The following form an integral part of the Terms and Conditions:
   1. Withdrawal form;
   2. Product Terms and Conditions.
4. The Seller reserves the right to amend the Terms and Conditions for important reasons, in particular due to changes in the law or technological developments. Amendments to the Terms and Conditions take effect from the date the updated version is published in the Online Store. For agreements concluded with the Client that are not continuous in nature, amendments to the Terms and Conditions will not affect the Client’s acquired rights before the date of entry into force of the updated Terms and Conditions.
5. The Seller shall notify the Client of any change to the Terms and Conditions at least 14 days prior to the effective date of the update, unless such notice period cannot be met due to a legal obligation binding on the Seller or the necessity to immediately protect the Website, Online Store, or Clients from fraud or other direct threats (e.g., malware, data breaches, etc.). Notification of changes to the Terms and Conditions shall be made via email or another method adopted by the Seller.
6. The version of the Terms and Conditions applicable to the agreement is the one in force at the time the Order was placed by the Client. For the License Agreement and other continuous agreements (e.g., the Account Maintenance Agreement), the updated version of the Terms and Conditions shall apply. In the case of continuous agreements, the Client’s lack of consent to the changes means that the Seller can no longer perform the agreement, which will result in its termination after the Subscription period ends.
7. The Seller shall provide Clients with access to previous versions of the Terms and Conditions in the Online Store.
8. The Terms and Conditions and all agreements concluded via the Website or Online Store are governed by Polish law. In matters not regulated by the Terms and Conditions, the provisions of the Copyright Act, the Consumer Rights Act, the Civil Code, and other applicable legal provisions shall apply. The Parties agree that Articles 66[1] § 1-3 and 68[2] of the Civil Code (concerning electronic offers and implied acceptance of offers between entrepreneurs in ongoing business relationships) shall not apply between them.
9. Any disputes arising out of or in connection with the Terms and Conditions or any agreement concluded via the Website or Online Store shall, in the absence of an amicable settlement, be subject to the jurisdiction of the Polish courts.