The Terms of Use set out the rules for the use of the service available at www.creatsy.com Each User is obliged, from the moment of undertaking activities aimed at using the services and products offered by the Service Provider, to read and comply with these Terms.
A prerequisite for using the services offered on the Website is that the User agrees to be bound by the conditions set out in the Terms of Use.
For the purposes of these Terms, the following definitions shall mean:
Unauthorized Data - means any content prohibited by generally applicable provisions of Polish and international law, in particular, pornographic content, content related to the promotion of violence and hatred, as well as content generally considered offensive, offending religious feelings, violating copyrights or the rights of others, the sharing of which is not allowed.
Civil Code - means the Act of 23 April 1964 – Civil Code (Journal of Laws of 2018, item 1025, as amended).
Consumer - means a User who is a natural person concluding the Agreement for purposes not directly related to their business or professional activity. As a rule, the place of provision of services to the Consumer is exclusively the Republic of Poland and the territory of the European Union (hereinafter: the EU). The Service Provider allows the sale of its services and products to natural persons who have their registered office, permanent place of residence or usual place of stay outside the territory of the Republic of Poland and the EU, but such sales will not be treated as consumer sales, and thus there is no possibility to withdraw from the Contract concluded remotely.
Account - means a place on the Website, available to the User after logging in (providing login and password), through which the User may supplement their personal data and use the Services offered by the Service Provider.
License - means a license for the Work purchased by the User on the Website. Detailed license terms are available here License Agreement
Licensee - means a natural person, legal person or unincorporated person who purchases Works on the Website during the purchase process.
Offer - means an offer presenting the products and services offered by the Service Provider, located on the Website.
Cookies - mean text files saved by the web browser on the User’s computer disk or mobile device in order to store information used to identify the User or to remember the history of their actions on the Website.
Privacy Policy - means the Personal Data Privacy Policy available here Privacy Policy
Terms - mean these Terms for the provision of electronic services on the Website.
Regulation or GDPR - means 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).
Website - means the website operated by Creatsy at the following address www.creatsy.com
Agreement - means the agreement concluded between the Service Provider and the User under the Terms.
Service Provider or Creatsy - means Creatsy Sp. z o.o., headquartered at ul. Ignacego Paderewskiego 53/2, 40-282 Katowice Poland, having NIP [Tax Identification No.]: 9542842510, REGON [National Official Business Register No.]: 522501726, share capital of PLN 20,000.00. E-mail: info@creatsy.com
Work(s) - mean the work(s) offered by Creatsy for purchase on the Website.
User(s) - mean any natural person of legal age according to the jurisdiction in which they reside, a legal person or an organizational unit without legal personality, who uses the services offered on the Website.
The Terms of Use are intended to ensure the uninterrupted, lawful and orderly use of the Website by Users.
The Website is used to sell Works (Licenses) in digital form and provide support services. It is prohibited to use the Website for other purposes.
The Service Provider applies a Privacy and Data Protection Policy, which is the subject of a separate document. The Privacy Policy provides detailed information on the processing and protection of personal data by the Service Provider.
In order to properly use the services available on the Website, the data entered by the User should be true.
The User is obliged to use the services on the Website in a manner consistent with generally applicable law, the Terms of Use and the rules of social coexistence.
The use of the functionality of the Account is free of charge. In order to take advantage of the Service Provider’s offer, including the purchase of Licenses for selected Works, the User is obliged to pay the appropriate fee under the conditions indicated in these Terms of Use and in the Offer.
Not allowed:
violation of the technical security features of the Website,
testing the security level of the Website,
use of any devices and algorithms that could interfere with the functioning of the Website.
In particular, the User is obliged to:
use the Website in a manner that does not interfere with its operation,
use the Website in a manner that is not burdensome to other Users and the Service Provider, with respect for the personal interests of third parties and any other rights they may have,
refrain from any actions that may hinder or disrupt the operation of the service, and not take any actions to the detriment of the Service Provider, Users or others,
use the Works in accordance with the terms of the License.
The User is obliged to immediately notify the Service Provider of any violation of their rights in connection with the use of the Website.
The Service Provider reserves the right to discontinue the provision of services to the User immediately, which involves the termination of the Agreement and removal of the User’s Account from the Website along with the content, and may result in the termination of the granted License, if the User:
intentionally violates the provisions of the Terms of Use, generally applicable laws, the rights of third parties or the rights of the Service Provider,
engages in activities aimed at violating the security of the data on the Website or makes an unauthorized attempt to access the Website,
acts to the detriment of the Service Provider or other Users,
provided false data,
lost the name or password and did not follow the procedure indicated by the Service Provider to recover the name or password,
violated the Service Provider’s copyrights, including in particular the terms of the granted License,
in other cases described in the Terms of Use.
If the Service Provider deletes the User’s Account in accordance with the wording of paragraph 10, the User may not assert any claims against the Service Provider. In particular, the User’s right to claim damages from the Service Provider on general terms is excluded, and the Service Provider has the right to completely block access to the User’s Account and immediately terminate the granted License.
The User may not transfer to a third party any rights or obligations related to the use of the services or the License without Creatsy’s prior consent.
The Service Provider may refuse to provide the service if it is justified by security reasons or the legitimate interests of the Service Provider, as well as in cases indicated in the Terms of Use.
Services provided electronically by the Service Provider to the User consist, in particular, in:
maintaining and registering an Account,
using the functionality of the Account, such as the selection of Works,
allowing to view content posted on the Website,
providing information about the offer and the Works,
wish list creation,
making available the possibility of purchasing a License for Works,
gaining access to the purchased Works.
The User may purchase Works (Licenses) under the terms and conditions indicated on the Website.
The prerequisite for concluding the License Purchase Agreement is that the User reads the Terms of Use and accepts them, selects the Work(s) from the Offer, chooses the type of License and pays the remuneration.
Pursuant to Article 6(1) of the Act on Provision of Electronic Services, the Service Provider informs that the User’s use of the Website may involve standard risks associated with the use of the Internet, and therefore recommends that the User:
not use a computer or any other device that allows the use of services that are not secured against unauthorized access,
when logging into the Account for the first time, and in the process of recovering the password, make sure that the connection to the Website is carried out in a secure, encrypted protocol,
not save their Account passwords or share them with unauthorized persons.
The Service Provider recommends the use of legal software, including anti-virus software to ensure the safe use of the services provided on the Website.
The technical requirements necessary to use the Website are as follows:
a device that allows to connect to the Internet and display data (with parameters adapted to modern technologies),
Internet connection (with a bandwidth of not less than 20 Mbit/s),
a web browser that allows HTML documents to be displayed on a computer screen,
and having an active e-mail account.
The User should not use a computer or any other device that allows the use of services that are not secured against unauthorized access.
The User is obliged to secure, on their own and at their own expense, hardware and software to enable the use of the Works (Licenses).
In order to use the services offered on the Website, the User should meet the technical requirements indicated in this section. The Service Provider is not responsible for irregularities in the provision of services arising due to the User’s failure to meet the above requirements.
The Service Provider carries out ongoing supervision of the technical functioning of the Website, in order to ensure its correct operation, and therefore reserves the possibility of interruptions in providing access to the Website. Interruptions in access to the Website may be caused by updating the Website or fixing any irregularities in its operation. The Service Provider will make every effort to make the interruption dates as convenient as possible for the User.
The User declares that they agree to interruptions in access to the Website for the purpose of updating the Website, in accordance with paragraph 5, and declares that they will not raise any claims against the Service Provider on this account.
During the interruption of access to the website referred to in paragraph 5, Creatsy provides Users with support from the technical department through electronic communication. Any issues should be directed to the e-mail address: info@creatsy.com
Access to certain features of the Website depends on the User having an Account.
The User should have one Account on the Website.
It is not allowed to share the Account with other Users.
Accounts on the Website cannot be joined or shared.
In particular, the User is obliged to:
provide only true, current and all mandatory data,
promptly update the data.
It is forbidden for the User to provide Unauthorized Data through the Website.
The User bears full legal responsibility for the data, materials, information and entries they post on the Website.
The use of data and information available after logging in to the Account as well as information sent by the Service Provider electronically (e.g. by e-mail) is allowed only for the User’s own purposes. In particular, it is forbidden to use, process, publish and make available to other third parties any kind of data, information, Works and other documents regarding the Website and also data or information transmitted by Creatsy electronically without prior written consent of Creatsy.
Violation of the provisions of paragraph 8 by the User entitles the Service Provider to claim from the User compensation for damages on general terms.
The Service Provider reserves the right to verify the veracity of the information provided by Users in the forms at any time in order to confirm their compliance with the conditions of use of the Website.
Registration is done through the registration form available on the Website.
In order to register and use the services on the Website, the User is obliged to provide only true and factual data and data necessary for the issuance of proper accounting documents.
The Account is established using the e-mail address. In order to create or use an Account using an e-mail address, it is necessary to have an e-mail account. In order to create an Account, the User:
fills out the registration form by providing personal information: e-mail address, login and password;
accepts the Terms of Use and Privacy Policy;
selects the “Create an account” option.
An account can also be created through a designated social media platform: Facebook and Google. Identification data, with the consent of the User, will be taken from the indicated social media platform. By agreeing to download data from the social media platform, the User grants a power of attorney for the period of existence of the Account to perform this action and other actions required to download personal data and update them. The User always has the option to manually update the identification data downloaded from the designated social media platform. The User also has the opportunity to verify that the identification data downloaded from the designated platform is true and complete. If the data is false or incomplete, the User should update it accordingly.
Logging into the Account takes place through the login and password provided during the registration of the Account and also with the help of authorization through the indicated social media platform: Facebook and Google.
Through the Account, the User may, among other things:
search Works,
make purchases of Works (Licenses),
view and download purchased Works (Licenses) and their updates,
view and download purchase confirmations for the Works,
add opinions about the purchased Works (Licenses),
download the Works free of charge in accordance with the Freebie License,
tag selected Offers on the wish list,
use the notifications for the Website,
set or change the User’s avatar image,
make changes to the Account profile settings.
It is unacceptable for the User to use the Account for purposes other than those indicated in paragraph 6.
An account can be created by any User. A user can have only one Account with a given e-mail address. Establishment, maintenance and termination of the Account is free of charge.
In the case of registering an Account in the manner indicated in paragraph 3, the Service Provider sends an e-mail message with an activation link to the User’s e-mail address provided in the registration form, containing information about the data controller and other information required by Article 13 of the GDPR, and information that the personal data provided in the registration form are processed for the purpose of concluding the Agreement until the first login to the Website, and after the data is entered and the User accepts the Terms of Use and consents to the processing of personal data, for the purpose of performing the Agreement and for the purpose of the Administrator’s legitimate interests. After clicking the “Confirm Account” button, the User’s Account is finally registered on the Website.
A person who fails to make the final activation of the Account in accordance with the procedure referred to in paragraph 9 may be deprived of the possibility to use the Account.
Successful completion of the registration process means the conclusion of the Agreement with the Service Provider in English. The Service is made available to the User immediately after the approval of the Account registration and after the Service Provider performs the technical steps necessary to make the service available.
The User may delete the Account at any time. In the case of deletion of the Account, the User is not entitled to a refund for previously purchased Works (Licenses).
In addition, the User may at any time stop using the Website (terminate the agreement for the provision of Services [the Service Agreement]), in particular, if they do not accept the changes introduced in these Terms of Use, Privacy Policy or modifications made by the Service Provider via the Website.
The agreement for the provision of Services with a User who is not registered on the Website is concluded at the moment of displaying the first window of the Website by entering by the unregistered User in their browser the relevant Internet address of the web pages of their choice containing content made available on the Website, or by using the redirection to such pages of the Website.
Prior to the conclusion of the agreement, the Service Provider shall make the Terms of Use available to the Users free of charge.
The agreement for the provision of Services for providing Users with an Account is concluded at the time of the final registration of the Account in accordance with §7(9).
In the case of paid Services, the condition for concluding the Agreement is that the User reads the offer and accepts the content of the Terms of Use, the Licensing rules of the selected Work and the price list.
The agreement between Creatsy and the User for the purchase of the License is concluded at the moment of crediting Creatsy’s bank account with the amount due for the Work (License) selected by the User.
The Service Agreement may be terminated by either party.
At any time, the User has the right to terminate the Agreement by deleting their Account from the Website.
Termination of the Agreement takes place on the date of deletion of the User’s Account on the Website, and in situations described in the Terms of Use. Termination of the Agreement in the case of a User who is not registered on the Website shall occur at the time of exit from the Website.
If it is determined that the User engages in activities that are prohibited by law or the Terms of Use, or that violate the rules of social coexistence or harm the legitimate interests of the Service Provider, especially their good name, the Service Provider may take all legally permitted actions, including restricting the User’s ability to use the Website and the services provided through it.
The Service Provider additionally has the right to block the User’s Account if justified by security reasons (in particular: hacking the Account or hacking activities) or for other similar valid reasons, which will be presented to the User. The blocking of the Account for the reasons stated in this paragraph lasts for the period necessary to resolve the event giving rise to the blocking of the Account.
In addition, the Service Provider may delete the Account if the user violates the provisions of these Terms of Use or the provisions of generally applicable law. The Service Provider will call the User to stop violating the Terms of Use or the law by sending an e-mail no later than 3 days before deleting the Account.
In case of obtaining reliable information that the Account contains in its content Unauthorized Data or its posting violates the Terms of Use, the User is obliged to remove the data from the Account and adjust the way it is presented to the requirements of the Terms of Use within 48 hours.
The Service Provider reserves the right to refuse to provide services to the User, including deletion of the User’s Account, if the Account has been established once again after the deletion of the Account by the Service Provider, resulting from violation of the Terms of Use.
Removal or blocking of the Account for the reasons indicated in the Terms of Use does not constitute grounds for any claims against the Service Provider, and in particular does not entitle to claim compensation.
Where it is determined that a User engages in activities that are prohibited by law or the Terms of Use, or that violate the rules of social coexistence or harm Creatsy’s legitimate interests, particularly its good name, Creatsy may take all legally permissible actions, including restricting the User’s ability to use the Website and the granted Licenses for Works, including immediate termination of the granted Licenses.
The User acknowledges that any refunds of fees for Works purchased and Licenses granted are at Creatsy’s sole discretion. Creatsy shall not be obligated to refund the amounts paid for the Works License, including but not limited to if Creatsy determines that the Works have been downloaded by the User. By purchasing a License, the User accepts all Creatsy’s return policies.
A customer who is a Consumer may withdraw from the Agreement within 14 days from the date of its conclusion. In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the withdrawal information to the Service Provider’s address before the expiry of the aforementioned deadline, subject to paragraph 3.
The right to withdraw from the Agreement under the rules described in this paragraph and arising from the Act on Consumer Rights is also granted to a natural person who concludes an Agreement with the Service Provider directly related to their business activity, when it is clear from the content of the Agreement that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
The right to withdraw from the Agreement does not apply to the Consumer with respect to the Agreement (pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights):
for the provision of services, if the Service Provider has fully performed the service with the express consent of the consumer, who was informed before the start of the service, that after the performance of the service by the Service Provider, the consumer will lose the right to withdraw from the Agreement;
for the provision of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the Agreement and after the Service Provider has informed them of the loss of the right to withdraw from the Agreement.
In order to exercise the right to withdraw from the Agreement, it is necessary to inform the Service Provider of the decision to withdraw from the Agreement by an unequivocal statement sent to the Service Provider’s e-mail address: info@creatsy.com
In order to observe the deadline for withdrawal from the Agreement, it is sufficient for the Consumer and the person indicated in paragraph 2 to send information on the exercise of the Consumer’s right to withdraw from the Agreement before the expiration of the deadline for withdrawal from the Agreement.
In the event of withdrawal from the Agreement, the Service Provider shall return to the Consumer all payments received from the Consumer immediately, and in any case no later than 14 days from the date on which the Service Provider was informed of the exercise of the right to withdraw from the Agreement. The payment will be refunded using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any fees in connection with the form of payment return.
The provisions of this paragraph relating to Consumers shall apply mutatis mutandis to the persons indicated in paragraph 2.
The User referred to in paragraphs 1 and 2 shall lose the right to withdraw from the Agreement as soon as the Work is downloaded to the Account. The Agreement relates to the provision of digital content not recorded on a tangible medium, and the performance began with the express consent of the Consumer before the expiration of the deadline for withdrawal from the Agreement referred to in Article 27 of the Act of 30 May 2014 on Consumer Rights, of which the Consumer was informed and to which they agreed by accepting these Terms of Use.
The User via the Website may purchase Licenses for Works.
The granting of a License for the Works shall be made in accordance with the terms and conditions set forth in these Terms of Use and in the contents of the License.
In order to make a purchase, the User is required to:
select the Work and License that interests them,
log in to the User Account or create a User Account in accordance with §7 of these Terms of Use,
optionally highlight the need for a VAT invoice,
select a payment method,
select the “Place order” option.
It is prohibited to transfer access to the Works to third parties, except as expressly indicated in the Terms of Use or in the selected License.
All information provided by the User in connection with a purchase, transaction or other monetary transaction made via the Website must be accurate, complete and up-to-date. The User agrees to pay all charges incurred by them in connection with the use of a credit card, debit card or other payment method used in connection with a purchase or transaction via the Website, at the prices in effect at the time such charges are incurred.
After payment for the selected Work, the User receives an automatically generated confirmation of the purchase in the User’s Account. Confirmation of the purchase will also be sent via e-mail.
Purchased and paid for Works are saved in the User’s Account.
The User may link their Account to their Dropbox account for the purpose of uploading purchased Works directly to their Dropbox account.
The prerequisite for using the License for the Work selected by the User is the payment of the price.
The price of the service is net (excluding VAT) and is expressed in U.S. dollars (USD).
The Service Provider is a payer of goods and services tax (VAT) and uses the VAT-OSS (one stop shop) procedure.
VAT is charged in accordance with applicable law, and the amount depends on the place from which the User makes the purchase.
Works purchased by a User with a registered office or place of residence or stay in the territory of Poland are subject to a 23% VAT.
Works purchased by a User with a registered office or place of residence or stay in the EU, who is not also an EU VAT taxpayer registered in VIES, are subject to VAT at the rate corresponding to the basic VAT rate in force in the User’s country.
Works purchased by a User with a registered office or place of residence or stay in the EU, who is also an EU VAT taxpayer registered in VIES, are subject to the reverse charge system.
Works purchased by a User with a registered office or place of residence or stay outside the EU are covered by the reverse charge system.
Unless otherwise specified at the time of purchase or otherwise agreed with the Service Provider, fees will be billed in advance for the License period and are non-refundable.
Payment can be made with:
Possible current payment methods are specified each time on the Website.
Settlement of electronic payment and payment card transactions is carried out according to the User’s choice through authorized services. Payments must be made in accordance with the instructions on the Website and the payment system offered.
The User acknowledges that the Service Provider is not the entity responsible for payment transactions (transferring and/or receiving payments) and does not have control over payments or own the payment system. The Service Provider is not responsible for any consequences resulting from malfunctions of the above-mentioned payment systems.
Complaints about inadequate performance of payment processing, should be addressed directly to the above-mentioned online payment operators in accordance with the regulations on the provision of electronic payment services.
Immediately after payment of the price, a proof of purchase (VAT invoice or receipt) will be issued, which the User can download at any time through the Account. The proof of purchase will also be sent as a PDF file to the User’s e-mail address, unless the User has made changes to the Account profile settings.
The User agrees that the Service Provider may issue VAT invoices without signature and agrees to receive invoices as well as corrections to invoices electronically, to the e-mail address indicated during the registration of the Account.
Provision of incorrect or incomplete identification data by the User may result in the non-performance or incorrect performance of ordered services, for which the Service Provider is not responsible.
The Service Provider shall not be liable for any damages arising in connection with the User’s use of the Website in a manner inconsistent with the law or the provisions of these Terms of Use.
The Service Provider is not responsible for damages resulting from the actions of third parties claiming to be the User.
The Service Provider is not responsible for technical problems or limitations in the User’s equipment that may prevent the User from using the Website and services.
The Service Provider is not responsible for any consequences resulting from malfunctions in the payment systems.
The Service Provider is not responsible for:
selection or suitability of Works for specific purposes,
decisions or actions that the User will take based on the data contained on the Website, and for selection or suitability for specific purposes,
unlawful use by Users, in connection with the use of the Website, of any industrial design, trademark, patent or any other rights under, among others, copyright law, intellectual property law, industrial property law, trademark law and patent law, and other applicable laws,
any actions of Users in connection with the use of the Website, on the basis of which any damage has occurred to other Users or third parties, including due to the operation of hostile software, which would constitute grounds for claiming damages, compensation or any other claims,
improper and not caused by the Service Provider operation of the mechanisms of the Website,
any damage resulting from the manner in which Users use the Website, insofar as such actions by Users do not constitute normal use of the Website in accordance with its intended purpose,
consequences resulting from third parties coming into possession of the User’s access password, provided that this occurred through the fault of the User,
information downloaded by the User from the Internet and for the consequences of its use by the User,
services, applications, websites and computer programmes whose provider is a third party,
damages resulting from violation of third-party rights by Users.
The Service Provider is also not responsible for damages incurred by the User due to threats occurring on the Internet, in particular, hacking of the User’s system, interception of passwords by third parties, infecting the User’s system with viruses.
The Service Provider will also not be liable for non-performance or improper performance of obligations due to force majeure. Force majeure shall mean an event beyond the control of the Service Provider, external, impossible to foresee and prevent even with the exercise of utmost diligence, which occurs after the effective date of the Agreement, or before the conclusion of the Agreement, but during the course of the Agreement causes an impact on its performance, such as: war, terrorist attack, fire, flood, earthquake, epidemics or strikes.
The Website is made available on an “as is” basis, i.e. it is available in the current version which may contain defects and there is no better alternative version, therefore the Service Provider does not provide any guarantee for the services provided, including a quality guarantee.
The Service Provider does not guarantee that the content of the Website will be free from defects, in particular inactive links, inaccuracies or typographical errors.
Users who are not Consumers, or other persons to whom paid services are provided, may not claim from the Service Provider, on contractual or any other basis, compensation whose total amount would exceed 100% of the fee paid for the paid service.
The limitations of liability indicated in paragraph 11 do not apply to damage caused by the Service Provider’s wilful misconduct, nor will they apply to the extent that they are prohibited under applicable law.
The Service Provider reserves the right to temporarily not provide services if the provision of services is not possible due to fortuitous events beyond the Service Provider’s control (e.g. fire, flood, war, strike).
The User has the right to raise objections regarding the Website and the services provided by the Service Provider through it and the products offered in the form of complaints.
Complaints can be submitted in writing, by sending the complaint to the Service Provider’s mailing address or electronically to: info@creatsy.com
In order to process the complaint efficiently, it is recommended that the User indicate in the complaint such information as, in particular, a description of the matter to which the complaint relates, and their e-mail address to which a response is to be sent.
If the data or information provided in the complaint needs to be supplemented, the Service Provider, before considering the complaint, may ask the User to supplement it, indicating the scope of supplementation.
Within 14 working days from the date of its receipt, the Service Provider will process the complaint and inform the User via e-mail about the manner of its processing. The time for the User to provide additional explanations may extend the period for processing complaints.
If the Service Provider does not grant the complaint, the User may exercise other rights or take legal action against the Service Provider.
The Service Provider sends commercial information electronically to the User who has given prior consent. Commercial information relates in particular to the services provided by the Service Provider, including offers and changes to the Website.
The User may revoke their consent to receive commercial information at any time, without giving any reason, by checking the unsubscribe option in the e-mail received or by sending an e-mail to the e-mail address at: info@creatsy.com or by changing the settings in the User Account profile.
The Website and all materials and information contained therein, in particular, Works, texts, navigation solutions, selection and arrangement of presented content, logos, graphic elements, trademarks, are the subject of exclusive rights of the Service Provider or third parties and are works within the meaning of copyright law and are protected under the provisions of copyright law, industrial property rights, personal rights and other intellectual property rights.
The layout and formula of the content made available on the Website adopted on the Website is a self-contained subject of copyright protection.
It is forbidden for the User to use any graphic elements that are the subject of the rights of the Service Provider or third parties, except for banners promoting the Website and in a situation expressly indicated in the Terms of Use or with the prior written consent of the Service Provider.
The use of the contents of the Website for purposes that are not expressly permitted in these Terms of Use is prohibited.
Any use of the Works and other content made available on the Website, in particular, placing them on information networks such as the Internet, reproduction by digital or printing techniques, publishing, any use, including editing, creation of derivative works, modification, distribution, copying, transmission, public display, requires obtaining the appropriate License by paying a fee by making an online payment on the Website.
Users and third parties are not authorized to copy, modify, reproduce, distribute or download in whole or in part the content of the Website, unless expressly provided otherwise.
The User acknowledges that any action resulting in an infringement of the copyright of the Service Provider or intended to infringe it constitutes a violation of the law and the provisions of these Terms of Use and generally applicable laws.
Except as expressly provided in these Terms of Use, or in the purchased License, it is prohibited to copy, retransmit or distribute in any way any parts or elements of the Website and the Works. For the protection of the Service Provider’s intellectual property rights, Works may be electronically labelled in a visible or invisible manner, which may make it possible to locate Works purchased from Creatsy. If the User does not agree with Creatsy’s use of monitoring technology, they should not use the Website or the Works posted thereon.
The content of the Website forms a database subject to protection under the Act of 27 July 2001 on Protection of Databases.
Unless otherwise provided in the Terms of Use, downloading or secondary use for any purpose of a substantial part of the database contained on the Website is prohibited.
Amendments to the Terms of Use shall come into force as of the date of their publication on the Website (in particular, by publishing the consolidated text of the Terms of Use containing the amendments), to the extent permitted by law.
Within 7 days of notification to the User of an amendment to the Terms of Use, the User has the right to object to the amendments made. Objections should be submitted in writing to the Service Provider’s registered address or e-mail address at: info@creatsy.com Raising an objection automatically terminates the User’s rights to use the Website.
In case of non-acceptance of the provisions of the Terms of Use, Users are obliged not to use the Website. The User’s continued use of the Service after the amendments to the Terms of Use is tantamount to the User’s confirmation that they have read the amendments to the Terms of Use and the User’s submission of a statement of acceptance of all the amendments to the Terms of Use.
Purchases will be subject to the then-current version of the Agreement posted on the Website at the time of the Licensee’s purchase (even if the licensed Works are downloaded after the Agreement has been updated). Updated versions of the Agreement do not apply to purchases made prior to their posting on the Website, unless Licensee is notified of the possibility of applying the updated terms and conditions to prior purchases and expressly agrees to do so.
A User who does not accept the amendments introduced in the Terms of Use is entitled to terminate the Agreement with immediate effect.
In the event of an amendment to the Terms of Use, the new content will be announced at www.creatsy.com
Amendments to the price list are announced on the Website and do not constitute amendments to these Terms of Use.
The controller of Users’ personal data is Creatsy Sp. z o.o., headquartered at ul. Ignacego Paderewskiego 53/2, 40-282 Katowice Poland, having NIP [Tax Identification No.]: 9542842510, REGON [National Official Business Register No.]: 522501726, share capital of PLN 20,000.00.
Contact with the Controller is possible via the e-mail address: info@creatsy.com or the mailing address indicated in paragraph 1.
The provision of personal data by the User is voluntary, but necessary for the provision of services.
The Controller shall take all necessary measures to protect the User’s data and any other data entered by the User on the Website.
The User’s personal data will be processed:
in order to conclude and perform the Agreement for Account registration and purchase of Works and granting of Licenses – the legal basis for data processing is the necessity to perform the Agreement to which the User is a party (Article 6(1)(b) of the GDPR);
for the purpose of accounting and bookkeeping services – the legal basis for processing is the necessity to fulfil the controller’s legal obligations (Article 6(1)(c) of the GDPR) under tax and accounting regulations;
for the Controller’s internal administrative purposes – the legal basis for data processing is the Controller’s legitimate interest (Article 6(1)(f) of the GDPR) in the efficient management of the Controller’s business;
for the purpose of establishing or asserting potential claims or defending against such claims by the Controller – the legal basis for data processing is the Controller’s legitimate interest (Article 6(1)(f) of the GDPR) in defending its business interests;
for the purpose of direct marketing of the Service Provider’s services, provided that the User gives prior consent, and stored for the purpose of asserting claims (legitimate interest of the Controller, Article 6(1)(f) of the GDPR).
Personal data will be processed for the duration of the Agreement to which the User is a party or, in the case of processing based on the Controller’s legitimate interest, until the User submits an effective objection to the processing of personal data. The period of processing may be extended each time by the period of limitation of claims, if the processing of personal data is necessary for the establishment or assertion of possible claims or defence against such claims by the Controller. After this period, data will be processed only to the extent required by law.
Sending a completed registration form by the Website User is equivalent to:
a confirmation by the User of the authenticity and accuracy of the data entered on the form,
a statement that the User has accepted these Terms of Use and that they have been informed of their rights with respect to the processing of personal data,
the User’s voluntary consent to the processing of their e-mail address for direct marketing purposes (if the relevant option is selected).
Personal data may be transferred to entities providing services to the Controller, payment operators, including PayPal, Stripe, as well as providers of IT systems and services.
The User has the right to access the content of their data and the right to obtain a copy of it, to request its rectification, deletion, restriction of processing, and the right to data portability. In case personal data is processed on the basis of the legitimate interest of the Controller, the Customer has the right to object to the processing of the data, due to their particular circumstances.
The Controller will not make automated decisions based on personal data, including decisions resulting from profiling.
The Controller may transfer personal data to third countries, i.e. countries outside the European Economic Area. Personal data may be transferred only to third countries or entities for which an adequate level of data protection has been established by a decision of the European Commission.
If the Controller is found to be processing personal data in violation of the law, the User has the right to lodge a complaint with a supervisory authority dealing with the protection of personal data – in particular, in the EU Member State of the Customer’s habitual residence, place of work or place where the alleged violation was committed. In Poland, such a supervisory authority is the President of the Office for Personal Data Protection.
Provision of data is voluntary, but necessary for the conclusion and performance of the Agreement.
The rights described in this paragraph may be exercised by contacting the Controller in writing or by e-mail at the addresses indicated in paragraph 2.
Detailed rules for the processing of personal data of the Website User, i.e. in particular the way of collecting and using information concerning them, as well as the rights of the Website User with regard to personal data concerning them, are defined in the Website’s Privacy Policy.
The User is obliged to read the content of these Terms of Use and is bound by its provisions in each case when using the Website.
The Terms of Use are made available free of charge to all Users at: www.creatsy.com
All comments, remarks and questions related to the Terms of Use, as well as information about violations of the provisions of these Terms of Use by Users should be sent to the following address: info@creatsy.com
Creatsy reserves the right to introduce promotions/discounts in any form and at any time, without giving reasons.
If any provision of the Terms of Use is declared invalid by a final court decision, the remaining provisions of the Terms of Use shall remain in effect.
The Website is governed by Polish law, and all matters relating to the use of the services and account shall be governed by the relevant provisions of the laws of the Republic of Poland.
All matters relating to the Works and the Agreement and any disputes or claims arising out of or in connection therewith (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Poland, without giving effect to any choice or conflict of law rules or principles, except to the extent prohibited by law. Any suit, action or legal proceedings arising out of or relating to the Works or this Agreement shall be instituted exclusively in the courts of Poland, with Creatsy reserving the right to bring a suit, action or proceedings against a Licensee for breach of this Agreement in the Licensee’s country of residence or any other relevant country. The Licensee waives any objection to the exercise of jurisdiction over them by such courts and to the local jurisdiction of such courts to the maximum extent permitted by Polish law.
A User who is a Consumer may use, among other things, the following out-of-court ways of dealing with complaints or claims:
the User may apply to the permanent amicable consumer court operating under the Trade Inspection to resolve the resulting dispute,
the User may apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between them and the Service Provider,
the User may obtain free assistance in resolving a dispute between them and the Service Provider, using the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
The Terms of Use do not exclude and do not limit any rights of the User who is a Consumer, to which they are entitled under the mandatory provisions of law. In the event of a conflict between the provisions of the Terms of Use and the mandatory provisions of law granting rights to Consumers, the mandatory provisions of law shall prevail.
The provisions of the Terms of Use relating to Consumers apply mutatis mutandis to a natural person entering into an agreement with the Seller directly related to their business activity, when it follows from the content of the agreement that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity – in the case of such a person, the jurisdiction of the court is considered under the general rules.
The Service Provider reserves the right to place advertising content on the Website in forms usually used in the Internet.
If the Terms of Use are also drawn up in a language version other than the English version, the English version shall be binding in case of discrepancies between the different language versions.
The Service Provider shall have the exclusive right to take all actions permitted by law in connection with the operation of the Website, including determining the content of the Website, including the right to unilaterally, at any time, remove and modify the content and functions of the Website, discontinue the Website, as well as any of its services and transfer the rights to the Website.
The Terms of Use are effective as of: 1 February 2023.
The Terms of Use are valid indefinitely.