Mafelo

TERMS AND CONDITIONS OF THE MAFELO PLATFORM

§ 1.
General provisions

  1. These terms and conditions (hereinafter referred to as: „Terms and Conditions”) are to specify the rules and conditions of use of the platform “Mafelo” functioning at the Internet address app.mafelo.com (hereinafter referred to as: „the Platform”) and services provided by the Service Provider.
  2. The Terms and Conditions constitute terms and conditions referred to in Art. 8 of the act of 18 July 2002 on provision of services by electronic means (hereinafter referred to as: “the Act on provision of services by electronic means”).
  3. The Platform is owned by Michał Zalewski who conducts business activity under the company name “Software Consulting Michał Zalewski” (permanent place of business: ul. Radosna 3, 55-200 Oława), entered in to the Central Registration and Information on Business managed by the competent minister of economy, holder of NIP (Tax ID no.): 9251878555, REGON (National Business Registry Number): 080321590 (hereinafter referred to as: “the Service Provider”).
  4. Contact with the Service Provider is possible by:
    1. electronic mail – e-mail address: mafelo@mafelo.com;
    2. standard mail – at the following address: ul. Radosna 3, 55-200 Oława;
    3. chat (in case of Photographers).
  5. As part of the conducted activity, the Service Provider:
    1. provides Photographers with the Photographer Account Service and the Session Service;
    2. provides Customers with the Service to use the Platform.
  6. The information on the services provided by the Service Provider available on the Platform, especially their descriptions, technical and performance parameters and prices constitute an invitation to conclusion of an agreement pursuant to Art. 71 of the act of 23 April 1964, the Civil Code (hereinafter referred to as: „the Civil Code”).
  7. Before starting to use the Platform, the Recipient of Services is obligated to read the Terms and Conditions and the Privacy Policy.

§ 2.
Definitions

Words capitalized in the Terms and Conditions shall have the following meaning:
  1. Price List – the document that specifies the current price of the Bundles;
  2. Photographer – the person who concluded an Agreement for provision of the Photographer Account Service with the Service Provider or has made attempts to conclude such an agreement;
  3. Customer – a person who concluded a Session Agreement with the Photographer or has made attempts to conclude such an agreement or who concluded the Agreement for provision of Service to use the Platform;
  4. Civil Code - the term defined in § 1 section 6 of the Terms and Conditions;
  5. Consumer - the natural person who performs a legal act with the Service Provider where such a legal act is not directly connected with their business or professional activity;
  6. Photographer Account - the panel created in the information system of the Platform which allows a Photographer to use its features, including the Session Service;
  7. License - the term defined in § 10 section 7 of the Terms and Conditions;
  8. Inconsistency – shall be understood as inconsistence of the Subject of Digital Service with the Agreement regarding its provision (the assessment criteria for compliance of the Subject of Digital Service with the Agreement regarding its provision have been specified in Art. 43k sections 1-2 of the Act on consumer rights);
  9. Opinion – the Photographer's opinion on the Photographer Account Service or the Session Service, including the description of the Photographer's user experience connected with the a/m services;
  10. Bundle – a set of Session Services specified in the Price List that the Photographer can acquire through a one-time purchase. Regardless of the above, the Service Provider can grant the Photographer with a Bundle of their choice at no charge;
  11. Privacy Policy - the document which includes the information on the processing of personal data of the Recipients of Services by the Service Provider;
  12. Subject of Digital Service – the Photographer Account Service, Session Service or Service to use the Platform;
  13. Entrepreneur - a natural person, legal person or an organizational unit without a legal personality that is granted legal capacity under special regulations that conducts economic or professional activity on their own behalf;
  14. Entrepreneur with Consumer rights - a natural person that conducts business or professional activity on their own behalf who concluded with the Service Provider an Agreement directly connected to their business activity, however being of no professional nature for the said person, especially in terms of being the subject of the conducted business activity;
  15. Terms and Conditions - the term defined in § 1 section 1 of the Terms and Conditions;
  16. Terms and conditions for entrustment of personal data - the terms and conditions which specify the rules and conditions the processing of personal data stored by the Photographer on the Photographer Account entrusted by the Photographer (acting as the personal data administrator) to the Service Provider (acting as the processing entity);
  17. Photographer's Content – Photos and any other data (including personal data), information and materials stored by the Photographer on the Photographer Account;
  18. Agreement – the Agreement for provision of the Photographer Account Service, Agreement for provision of the Session Service or the Agreement for provision of the Service to use the Platform;
  19. Agreement for provision of the Photographer Account Service – the agreement for provision of a digital service pursuant to the Act on consumer rights under which the Service Provider obligates to provide the Photographer with the Photographer Account Service for an indefinite period, free of charge, and the Photographer obligates to provide the Service Provider with their personal data;
  20. Agreement for provision of the Service to use the Platform - the agreement for provision of a digital service, pursuant to the Act on consumer rights, under which the Service Provider is obligated to provide the Service to use the Platform, free of charge, in favor of the Customer;
  21. Agreement for provision of the Session Service – an agreement for provision of a digital service, pursuant to the Act on consumer rights, under which the Service Provider is obligated to provide the Photographer with Session Services in a number based on the Bundle purchased by the Photographer;
  22. Session Agreement – the agreement concluded between the Photographer and the Customer the subject of which are Photos taken by the Photographer in favor of the Customer, in a number they mutually agreed on;
  23. Photographer Account Service – the digital service, pursuant to provisions of the Act on consumer rights, involving creating and maintaining a Photographer Account by the Service Provider in favor of the Photographer;
  24. Service to use the Platform – the digital service, pursuant to provisions of the Act on consumer rights, involving the Service Provider giving access to the Customer to features of the Platform in order to carry out activities related to the conclusion and performance of the Session Agreement;
  25. Session Service – the digital service, pursuant to the provisions of the Act on consumer rights, involving the Service Provider giving the Photographer the possibility of using the features of the Platform in order to conclude and perform 1 (one) Session Agreement;
  26. Recipient of Services – the Photographer or the Customer;
  27. Service Provider – the term defined in § 1 section 3 of the Terms and Conditions;
  28. Act on consumer rights - the act of 30 May 2014 on consumer rights;
  29. Act on provision of services by electronic means - the term defined in § 1 section 2 of the Terms and Conditions;
  30. Photos – photographs taken by the Photographer as part of the Session Agreement.

§ 3.
Technical requirements

  1. For the purposes of proper use of services provided by the Service Provider by Recipients of Services through the Platform, all the following elements are required:
    1. Internet connection;
    2. devices that allow the use of Internet network resources;
    3. use of an Internet browser which allows for displaying hypertext documents connected in the Internet network via the WWW network service, compatible with JavaScript programming language and accepting cookie files;
    4. an active electronic mail account.
  2. As part of the Platform, the Recipients of Services must not use viruses, bots, computer worms or other computer codes, files or programs (especially those used for automation of script processes and applications or other codes, files or tools).
  3. The Service Provider informs that they use cryptographic protection of electronic transfer and digital contents through the utilization of relevant logical, organizational and technical measures, particularly in order to prevent third-parties from accessing the data, including by means of SSL encryption, use of access passwords, anti-virus software and programs protecting against unwanted software.
  4. The Service Provider informs that despite of the use of safety measures referred to in section 3 above, the use of the Internet network and services provided by electronic means is subject to the risk of malicious software getting access to the IT system and devices of the Recipient of Services or unauthorized access to data on such devices by third persons. In order to minimize the said risk, the Service Provider recommends using anti-virus software or means protecting one's identity on the Internet.

§ 4.
General rules of provision of services

  1. The Recipient of Services shall be obligated to use the services provided by the Service Provider in accordance with commonly applicable regulations, provisions of the Terms and Conditions, as well as rules of morality.
  2. Provision of illegal content by the Recipient of Services shall be prohibited.
  3. The Recipient of Services that uses the services provided by the Service Provider shall be obligated to only provide data (including personal data) which is factually correct. The Service Provider shall not be liable for the outcome of false or incomplete data by the Recipient of Services.
  4. In a situation when actions on the Platform (especially conclusion of the Agreement) is taken by a natural person acting on behalf of a Recipient of Services that is not a natural person, performance of such an action shall be tantamount to submission of a declaration made by the natural person performing such an action that they are authorized to represent the Recipient of Services. The Service Provider shall have the right to ask such a natural person to produce a proof of their authorization to represent the Recipient of Services, particularly a power-of-attorney or an excerpt from a relevant register. In case of performing action on behalf of the Recipient of Services despite of the lack of rights to represent them, the natural person who performs such an action shall bear the responsibility provided for in the provisions of the Civil Code.
  5. Prices of Bundles have been expressed in Polish zlotys (PLN) and euros (EUR) and constitute the gross value (include all the obligatory price components, including the payable VAT).
  6. Conclusion of the Agreement for provision of the Session Service shall require the prior conclusion of the Agreement for provision of the Photographer Account Service.
  7. One Photographer may conclude only one Agreement for provision of the Photographer Account Service, unless the Service Provider and the Photographer decide otherwise based on individual arrangements.
  8. Infringement of the Terms and Conditions shall include, in particular:
    1. provision of illegal contents by the Recipient of Services;
    2. a situation when the Recipient of Services uses the services provided by the Service Provider in a manner that is in breach with their intended purpose;
    3. submission of false or incomplete data by the Recipient of Services;
    4. a situation when a natural person performs an action on behalf of the Recipient of Services despite of the lack of authorization to represent them
    5. a situation when the Photographer concludes more than one Agreement for provision of the Photographer Account Service without the Service Provider's consent;
    6. Photographer's non-performance or improper performance of Session Agreements concluded with Customers.
  9. In case of identified infringement of the Terms and Conditions, the Service Provider shall have the right to order the Recipient of Services to remove such infringement, giving them a deadline to do so not shorter than 7 (seven) days.
  10. Any declarations, summons, notifications and information referred to in the Terms and Conditions can be provided via electronic mail, unless a special provision of the Terms and Conditions stipulates otherwise.

§ 5.
Agreement for provision of the Photographer Account Service

  1. In order to conclude the Agreement for provision of the Photographer Account Service, the Photographer shall carry out the following actions:
    1. go to the website of the Platform and then click on the tab “Register”;
    2. in the displayed form:
      1. provide the address of electronic mail (which shall be the Photographer's login) and the password created by the Photographer. The password must be at least 8 characters long, including at least one capitalized letter, one small letter as well as at least one digit and one special character, or
      2. validate their details through a profile on the Facebook social network;
    3. they must check the checkbox next to the declaration on having read the Terms and Conditions and Privacy Policy and acceptance of their provisions;
    4. click the option “Register”.
  2. After clicking “Register”, an activation link of the Photographer Account will be sent to the electronic mail address specified by the Photographer. After clicking on the link, the Photographer will be granted access to the Photographer Account. When the Photographer clicks on the link, it shall be considered as conclusion of the Agreement for provision of the Photographer Account Service by the Photographer, subject to section 3 below.
  3. Once the Photographer's data is verified through the profile on the Facebook social website, the Photographer shall be granted access to the Photographer Account immediately after clicking the option “Register”.
  4. After creating the Photographer Account, the Photographer can fill in details saved about them on the account, such as:
    1. name and surname;
    2. billing address;
    3. address for invoices (if other than the billing address);
    4. company name;
    5. Tax ID no.
  5. With the Photographer Account, the Photographer will in particular be able to:
    1. store their data;
    2. purchase Bundles;
    3. use the Session Services comprising the purchased Bundle.
  6. The Service Provider informs that the Photographer has acknowledged that the Photographer will not have to install the update of the Photographer Account Service in order to ensure its compliance with the Agreement for provision of the Photographer Account Service.
  7. In a situation when the Photographer is not granted the access to the Photographer Account directly after the conclusion of the Agreement for provision of the Photographer Account Service, the Photographer shall order the Service Provider to immediately grant the access to the Photographer Account. The order referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. In a situation when the Service Provider does not grant the Photographer access to the Photographer Account immediately after receiving the order referred to in the previous sentence, the Photographer shall have the right to withdraw from the Agreement for provision of the Photographer Account Service.
  8. Regardless of the provisions of section 7 above, in a situation when the Photographer is not granted the access to the Photographer Account, the Photographer can withdraw from the Agreement for provision of the Photographer Account Service without ordering the Service Provider to grant access to the Photographer Account, provided that at least one of the reasons indicated in Art. 43j section 5 of the Act on consumer rights occurs.
  9. Provisions of sections 7-8 above shall refer only to Photographers who are Consumers or Entrepreneurs with Consumer rights.
  10. Regardless of the provisions of sections 7-8 above, the Photographer can at any time and for convenience terminate the Agreement for provision of the Photographer Account Service with a notice period of 14 (fourteen) days. The Photographer, however, shall not be able to exercise this right, if they previously concluded an Agreement for provision of the Session Service that had not been fully performed.
  11. In order for the Photographer to withdraw from the Agreement for provision of the Photographer Account Service or its termination, regardless of the grounds for such an action, the Photographer shall submit to the Service Provider a declaration on withdrawal from the Agreement for provision of the Photographer Account service or on its termination. The declaration referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. The Service Provider shall immediately delete the Account after receiving the declaration referred to in the previous sentence or after the notice period indicated in the Terms and Conditions expires.
  12. In the case when the Photographer infringes the provisions of the Terms and Conditions and failure to remove such infringement despite of the received order described in § 4 section 9 of the Terms and Conditions, the Service Provider shall have the right to terminate the Agreement for provision of the Photographer Account Service with a notice period of 7 (seven) days, by submitting to the Photographer a declaration on termination via electronic mail. After expiry of the notice period indicated in the previous sentence, the Photographer Account shall be deleted. During the notice period, the Service Provider can block the Photographer's access to the Photographer Account, if it is necessary to prevent further infringements by the Photographer.
  13. In a situation when the Photographer concluded an Agreement for provision of the Session Service before withdrawing from the Agreement for provision of the Photographer Account Service or its termination, regardless of the grounds for such action, withdrawal from the Agreement for provision of the Photographer Account Service or its termination by any of the Parties shall be deemed as simultaneous withdrawal from the Agreement for provision of the Session Service or its termination. Results of withdrawal from the Agreement for provision of the Session Service or its termination, depending on the grounds for such action, have been specified in § 6, § 11, § 13 and § 17 of the Terms and Conditions.

§ 6.
Agreement for provision of the Session Service

  1. In order to conclude the Agreement for provision of the Session Service, the Photographer shall carry out the following actions:
    1. log in to the Photographer Account;
    2. go to the tab “Buy a session bundle”;
    3. choose one of the available Bundles;
    4. the Photographer must check the checkbox next to the declaration on giving consent to start the provision of the service by the Service Provider before the expiry of the deadline for withdrawal from the Agreement for provision of the Session Service (the withdrawal right referred to in this point 4 shall apply only to Recipients of Services that are Consumers or Entrepreneurs with Consumer Rights);
    5. pay for the Bundle by using the payment system provided on the Platform. The current list of payment systems shall be each time presented on the Platform.
  2. Immediately after the crediting of the payment for the Bundle on the Service Provider's bank account, the Service Provider shall grant the Photographer access to the Session Service and notify them about it via electronic mail.
  3. The Agreement for provision of the Session Service between the Service Provider and the Photographer shall be considered as concluded upon granting the Photographer the access to the Session Service.
  4. The Service Provider informs that the Photographer has acknowledged that the Photographer will not have to install the update of the Session Service in order to ensure its compliance with the Agreement for provision of the Session Service.
  5. As part of the use of the Session Service, the Service Provider shall grant the Photographer access to features thanks to which they will be able to conclude and perform Session Agreements. In particular, the said features include:
    1. the booking calendar;
    2. feature to provide bookings to Customers;
    3. feature to receive electronic payments from Customers;
    4. feature to handle communication with Customers;
    5. feature to give Customers access to Photos;
    6. feature to send Photos for printout.
  6. Photos saved on the Platform by the Photographer can be stored on it for a maximum period of 12 (twelve) months starting from the date on which Photos are made available to the Customer. After the expiry of the period indicated in the previous sentence, Photos are permanently deleted from the Platform. The Service Provider shall be obligated to inform the Photographer about the scheduled removal of Photos not later than 14 (fourteen) days before the removal.
  7. In a situation when the Photographer is not granted the access to the Session Service directly after the conclusion of the Agreement for provision of the Session Service, the Photographer shall order the Service Provider to immediately grant the access to the Session Service. The order referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. In a situation when the Service Provider does not grant the Photographer access to the Session Service immediately after receiving the order referred to in the previous sentence, the Photographer shall have the right to withdraw from the Agreement for provision of the Session Service.
  8. Regardless of the provisions of section 7 above, in a situation when the Photographer is not granted the access to the Session Service, the Photographer can withdraw from the Agreement for provision of the Session Service without ordering the Service Provider to grant access to the Session Service, provided that at least one of the reasons indicated in Art. 43j section 5 of the Act on consumer rights occurs.
  9. In order for the Photographer to withdraw from the Agreement for provision of the Session Service, the Photographer shall submit to the Service Provider a declaration on withdrawal from the Agreement for provision of the Session Service. The declaration referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
  10. Provisions of sections 7-9 above shall refer only to Photographers who are Consumers or Entrepreneurs with Consumer rights.
  11. In a situation when the Photographer withdraws from the Agreement for provision of the Session Service under sections 7-8 above, the Service Provider shall immediately cease the provision of the Session Service and shall reimburse to the Photographer the price of the Bundle purchased by the Photographer within 14 (fourteen) days from the date of receipt of the declaration on withdrawal from the Agreement for provision of the Session Service.
  12. In the case when the Photographer infringes the provisions of the Terms and Conditions and failure to remove such infringement despite of the received order described in § 4 section 9 of the Terms and Conditions, the Service Provider shall have the right to terminate the Agreement for provision of the Session Service with a notice period of 7 (seven) days, by submitting to the Photographer a declaration on termination via electronic mail. After expiry of the notice period indicated in the previous sentence, the Service Provider shall cease the provision of the Session Service. During the notice period, the Service Provider can block the Photographer's access to the Session Service, if it is necessary to prevent further infringements by the Photographer.
  13. In a situation when the Service Provider terminates the Agreement for provision of the Session Service, the Photographer that is a Consumer or an Entrepreneur with Consumer rights shall have the right to receive a reimbursement of a part of the Bundle price proportionate to the part of the Bundle unused by the Photographer. In the case in which the Bundle included more than one Session Service and, as a result, featured a price per on Session Service lower than the Bundle with one Session Service, the reimbursed part of the price shall be reduced by the amount that the Photographer saved by purchasing a Bundle with more than one Session Service.
  14. Reimbursement of the part of the price referred to in section 13 above shall take place within 14 (fourteen) days from the date of withdrawal from the Agreement for provision of the Session Service by the Service Provider.

§ 7.
Settlements

  1. If a special provision of the Terms and Conditions does not stipulate otherwise, any payments payable to the Service Provider shall be paid by Photographers through payments systems available as part of the Platform.
  2. After receipt of the payment, the Service Provider shall issue the electronic invoice covering that payment and send it to the Photographer via electronic mail.
  3. Upon the explicit request of the Photographer submitted in writing, the Service Provider can issue the invoice in a printed form and send it by post to the address indicated by the Photographer.

§ 8.
Session Agreement

  1. The Session Agreement can be concluded between the Customer and the Photographer both through the features of the Platform and by other means.
  2. The Service Provider declares that the Customer and the Photographer acknowledge that the Service Provider shall not be a party to the Session Agreement and, consequently, shall not be liable for its non-performance or improper performance of any of the parties.
  3. In relations with Customers, the Photographer shall be obligated to comply with regulations of commonly applicable law (particularly regulations of the Civil Code, the Act on consumer rights and the Act on provision of services by electronic means) and fulfill the obligations arising therefrom, including the obligations of informative nature.
  4. Any comments and objections regarding the Photographer's performance of the Session Agreement shall be reported by the Customer to the Service Provider by electronic mail.
  5. The Photographer use the Platform to provide the Customer with access to their established templates of documents, especially the terms and conditions, privacy policy and consent to the use of the Customer's image. The Photographer shall be fully liable for the contents of the a/m documents and their compliance with regulations of the commonly applicable law.
  6. The Service Provider would like to advise that the Customer has acknowledged that the duties connected with the Session Agreement shall be divided between the Service Provider and the Photographer in the following manner:
    1. the Service Provider's obligations shall include:
      1. providing the Photographer and the Customer with functionality that allow the conclusion of the Session Agreement between them and carry out further actions related with its performance;
      2. handing over, storing and giving access to the data saved on the Platform by the Photographer and the Customer in relation to the conclusion of the Session Agreement;
    2. the Photographer's obligations shall include:
      1. input, changing and erasing the data regarding the services provided by the Photographer, including the data about sessions;
      2. accepting and settling payments made in relation to the conclusion of the Session Agreement;
      3. providing the Customer with taken Photos and performing any other obligations arising from the Session Agreement.

§ 9.
Agreement for provision of the Service to use the Platform

  1. On the basis of the Agreement for provision of the Service to use the Platform, the Service Provider allows the Customer to use the following features of the Platform to carry out the actions connected with the conclusion and performance of the Session Agreement:
    1. the option to confirm the booking of a session provided by the Photographer or choose a date for such a session;
    2. the possibility to browse the Photos uploaded by the Photographer and to select them;
    3. the possibility to pay for the session uploaded by the Photographer.
  2. In order to be able to use the Service to use the Platform, the Photographer must undertake, through the Platform, the actions connected with conclusion and performance of the Session Agreement.
  3. The data necessary to use the Service to use the Platform (especially the login and the password) shall be sent by the Photographer via electronic mail.
  4. The Agreement for provision of the Service to use the Platform shall be deemed as concluded when the Customer receives access to the Platform, for the period of the Customer's utilization of the Service to use the Platform.
  5. The Agreement for provision of the Service to use the Platform shall be terminated when the Customer stops utilizing the Service to use the Platform.

§ 10.
Opinions

  1. The Photographer that used the Account Service or Session Service can send the Service Provider an opinion about the services rendered by the Service Provider.
  2. The Opinion can be sent in any way, including by means of electronic mail.
  3. Sending an Opinion shall not impose on the Service Provider any obligation to publish it.
  4. An Opinion published by the Service Provider can be removed by the Service Provider at any time.
  5. By sending the Opinion, the Photographer declares that they are the sole author of the Opinion. The Photographer shall be fully responsible for the contents of the Opinion and the outcome of its publication (including infringement of personal rights and intellectual property rights of third parties).
  6. By sending the Opinion, the Photographer shall grant the Service Provider a free, non-exclusive license to use the Opinion (hereinafter referred to as: “the License”).
  7. The License shall be granted for an indefinite period (with the possibility of terminating it two years in advance, effective at the end of the calendar year), without territorial restrictions and it shall cover the use of the Opinion in the following areas of exploitation:
    1. saving and duplication, in any quantity, with no restrictions as to the method and format;
    2. distribution in any manner, through any means of communication, particularly by publishing on the Platform and on the Service Provider's social media.
  8. The License shall give the Service Provider the right to modify the Opinion, if it is necessary for the sake of distribution in a particular manner, without changing its substance and content.
  9. The License shall give the Service Provider the right to grant further licenses to use the Opinion to any selected third parties. Such further license referred to in the previous sentence can be granted by the Service Provider for a fee or free of charge.
  10. The Photographer shall obligate not to exercise any moral rights attributable to them in connection with the Opinion (including the right to designate the authorship of the Opinion or the right to supervise the use of the Opinion) and authorizes the Service Provider to exercise such rights on the Photographer's behalf.

§ 11.
Principles of Service Recipient Content

  1. It is forbidden to create and transmit Customer Content that is content:
    1. containing false data, contrary to the law, the Regulations or good morals;
    2. serving to conduct activities prohibited by law, inciting to violence, hatred or insulting any group of persons or person on the basis of sex, race, ethnic origin, nationality, religion, creed, worldview, disability, age or sexual orientation;
    3. that may violate personal rights, copyrights, the right of image or other rights of third parties;
    4. Advertising, promotional, political, religious, or discriminatory;
    5. Promoting activities that compete with the activities of Service Provider.
  2. Any person using the Service (hereinafter: "Submitter") is entitled to report Service Recipient Content that may violate the Terms of Service (hereinafter: "Submission").
  3. The application may be made by e-mail, to the address indicated in § 1 section 5 of the Regulations.
  4. The Submission should contain the following information:
    1. a sufficiently reasonable explanation of the reasons why the particular Service Recipient Content constitutes content prohibited by the Terms of Service or by law;
    2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, if applicable, additional information to identify the Service Recipient Content, as appropriate to the type of Service Recipient Content and the functionality of the Service;
    3. the name and surname or name and email address of the Submitter, with the exception of a report concerning information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU of the European Parliament and of the Council of December 13, 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, replacing Council Framework Decision 2004/68/JHA;
    4. a statement confirming the Declarant's good faith belief that the information and allegations contained herein are correct and complete.
  5. Upon receipt of a Submission, the Service Provider shall send the Submitter the following confirmation of its receipt to the e-mail address indicated by him/her e-mail address.
  6. In case the Application does not contain the elements indicated in section 5 above or contains errors, the Service Provider may ask the Submitter with a request to complete or correct the Submission within 14 (fourteen) days from the date of receipt of the aforementioned Submission. In case the Submitter fails to supplement or correct the Submission within the period indicated in the preceding sentence, the Service Provider may leave the Submission unprocessed.
  7. The Service Provider shall verify the reported Content of the Service Provider within 14 (fourteen) days from the date of receipt of a complete and correct Submission. As part of the verification activities, if necessary, we will ask the Submitter to send the necessary additional information or documents. Pending review of the Submission, the Service Provider may block the visibility of the Service Recipient's Content.
  8. After verification of the Submission, the Service Provider:
    1. removes the Content of the Customer that violates the Terms of Service;
    2. restores the Content of the Service Recipient not violating the rules under the Terms of Service (if its visibility was blocked at the stage of verification of the Submission);
    - at the same time giving reasons for the decision.
  9. In the event of deletion of Customer Content, the Service Provider shall immediately notify both the Submitter and the Customer who created the deleted Customer Content, giving reasons for the decision.
  10. The rationale for the Service Provider's decision includes:
    1. An indication of whether the decision includes the removal of the Service Recipient's Content, blocking of its visibility, deposition, or imposes other measures referred to in the Regulations with respect to that Service Recipient's Content, and, if applicable, the territorial scope of the decision and its duration;
    2. the facts and circumstances on the basis of which the decision was made, including, if applicable, information on whether the decision was made on the basis of a notification made by the Submitter or on the basis of voluntary verification activities conducted on the initiative of the Service Provider, and, when absolutely necessary, the identity of the Submitter;
    3. where applicable, information about the use of automated means in decision-making, including whether the decision was made with respect to Service Recipient Content detected or identified using automated tools;
    4. if the decision relates to potentially unauthorized Service Recipient Content, an indication of the legal or contractual basis on which the decision is based, and an explanation of the reasons why the Service Recipient Content is considered unauthorized on that basis;
    5. clear and friendly information for the Service Recipient and the Submitter on their options for appealing the decision.
  11. A Service Recipient whose Service Recipient Content has been removed or a Submitter to whom the Service Provider refuses to remove the submitted Service Recipient Content may file an appeal against the Service Provider's decision (hereinafter: "Appeal").
  12. The appeal may be submitted by e-mail to the address specified in § 1 section 5 of the Regulations.
  13. The appeal should include:
    1. Name or surname of the appellant,
    2. contact information (e-mail address, mailing address),
    3. a detailed justification of why, in the appellant's opinion, the Service Provider's decision is wrong and should be changed.
  14. The service provider shall immediately acknowledge receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.
  15. Appeals shall be processed within 14 (fourteen) days from the date of receipt, by an authorized team of the Service Provider (these actions will not be carried out in an automated manner, without human involvement).

§ 12.
Right to withdraw from the Agreement

  1. Provisions of this § 12 refer only to Recipients of Services who are Consumers or Entrepreneurs with Consumer Rights.
  2. Pursuant to Art. 27 et seq. of the Act on consumer rights, the Service Provider shall have the right to withdraw from the Agreement for convenience within 14 (fourteen) days from its conclusion.
  3. The right to withdraw from the Agreement shall be exercised by the Recipient of Services by submitting to the Service Provider a declaration on withdrawal from the Agreement. In order to meet the deadline for withdrawal from the Agreement, sending the declaration before the expiry of the deadline specified in section 2 above will be sufficient.
  4. The declaration on withdrawal from the Agreement can be submitted by the Service Provider in any form, particularly by means of the form that constitutes Attachment no. 2 to the Act on consumer rights.
  5. In case of a submitted declaration on withdrawal from the Agreement, the Service Provider shall immediately send to the Recipient of Services a confirmation that the declaration has been received via electronic mail.
  6. The Service Provider informs that the Recipient of Services has acknowledged that the right to withdraw from the Agreement which is referred to in this section shall not apply to the Recipient of Services with regard to the Agreement for provision of the Session Service that has been fully realized (pursuant to Art. 38 section 1 point 1 of the Act on consumer rights).
  7. If the withdrawal from the Agreement refers to the Agreement for provision of the Session Service that has not been fully realized, the Service Provider shall return to the Photographer the price of the Bundle reduced by the value of Session Services used by the Photographer until the withdrawal from the Agreement. The price shall be returned within 14 (fourteen) days from the date on which the Service Provider received the declaration on withdrawal from the Agreement and the return shall take place by means of the same payment method as the one used by the Photographer in the original transaction, unless the Photographer explicitly agrees to a different solution. The Photographer shall not bear any costs of return of the made payment.

§ 13.
Liability of the Service Provider

  1. The Service Provider shall provide services with due diligence.
  2. The Service Provider shall not be liable before the Photographer for the result of:
    1. the Photographer's use of the Photographer Account Service or Session Service in a way contrary to its intended purpose;
    2. providing unauthorized persons with access to the Photographer's contents, including Photos;
    3. use of authorization data to access the Photographer Account Service by third persons, if they acquire such data due to the Photographer's disclosure or the Photographer's improper protection of such data against being accessed by third persons.
  3. In relation to Recipients of Services that are not Consumer's or Entrepreneurs with Consumer rights, the Service Provider's liability for the damage incurred by the Recipient of Services due to the Service Provider's non-performance or improper performance of liabilities shall be limited to damage in form of actual losses incurred by the Recipient of Services and up to the amount that shall not exceed the total amount of the Service Provider's remuneration paid by the Service Provider for the period of the last 6 (six) months before the damage occurred.
  4. The Service Provider shall not be liable for interruptions in the functioning of the Platform resulting from:
    1. circumstances of force majeure;
    2. maintenance and modernization works carried out on the Platform;
    3. reasons attributable to the Recipient of Services;
    4. reasons beyond the Service Provider's control, particularly actions of third persons that the Service Provider is not liable for.
  5. The Service Provider shall carry out the works referred to in section 4 point 2 above in a way that will cause as little inconvenience for the Recipients of Services as possible and shall, if possible, notify about planned works in advance.
  6. The Service Provider shall, as far as possible, remove interruptions in the functioning of the Platform on an ongoing basis.

§ 14.
Complaints concerning the Subject of digital service

  1. Provisions of this § 14 shall only refer to:
    1. Recipients of Services who are Consumers or Entrepreneurs with Consumer rights
    2. Agreements for provision of the Photographer Account Service, Agreements for provision of the Session Service and Agreements for provision of the Service to use the Platform, unless a special provision of the Terms and Conditions refers only to one of those types of Agreement;
    3. Discrepancies between the Photographer Account Service and the Agreement for provision of the Photographer Account Service, discrepancies between the Session Service and the Agreement for provision of the Session Service and discrepancies of the Service to use the Platform and the Agreement for provision of the Service to use the Platform.
  2. The Subject of digital service provided by the Service Provider to the Recipient of Services must be compliant with the Agreement regarding its provision:
    1. upon delivery – in a situation when the Subject of digital service is delivered at one time or in parts;
    2. throughout the whole period of provision of a particular Subject of digital service – in a situation when the Subject of digital service is delivered on a continuous basis.
  3. The Service Provider shall be liable for Inconsistency:
    1. existing upon delivery of the Subject of digital service and detected within 2 (two) years from that time - in a situation when the Subject of digital service is delivered at one time or in parts;
    2. detected within the period of provision of a particular Subject of digital service - in a situation when the Subject of digital provision is provided on a continuous basis.
  4. In case of detected Inconsistency, the Recipient of Services shall have the right to report a complaint with the demand that the Subject of digital service must be adjusted to comply with the Agreement regarding its provision.
  5. The complaint shall be reported by electronic mail, to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
  6. The Complaint should include:
    1. the name and surname of the Recipient of Services;
    2. the e-mail address;
    3. a description of the detected Inconsistency;
    4. the demand that the Subject of digital service must be adjusted to comply with the Agreement regarding its provision.
  7. The Service Provider shall have the right to refuse to adjust the Subject of digital service to comply with the Agreement regarding its provision, if such adjustments are impossible or require excessive costs on the side of the Service Provider.
  8. After consideration of the complaint, the Service Provider shall send the Recipient of Services a reply to the complaint in which:
    1. the Service Provider accepts the complaint and indicates the planned deadline of adjusting the Subject of digital service to comply with the Agreement regarding its provision;
    2. the Service Provider refuses to adjust the Subject of digital service to comply with the Agreement regarding its provision due to reasons indicated in section 7 above;
    3. the Service Provider rejects the complaint as unjustified.
  9. the Service Provider shall reply to the complaint by electronic mail within 14 (fourteen) days from the date on which they received it.
  10. If the complaint is approved, the Service Provider shall bring the Subject of digital service to a state compliant with the Agreement regarding its provision, at their own expense, within a reasonable time from the date of receipt of the complaint and without excessive inconvenience for the Recipient of Services, taking into account the nature of the Subject of digital service and the purpose it is used for. The planned deadline for adjusting the Subject of digital service to comply with the Agreement regarding its provision shall be indicated by the Service Provider in their reply to the complaint.
  11. In case of detection of Inconsistency, subject to section 14 below, the Recipient of Services can submit to the Service Provider a declaration on price reduction or on withdrawal from the Agreement, when:
    1. it is impossible to adjust the Subject of digital service to comply with the Agreement regarding its provision or such adjustments require excessive costs;
    2. the Service Provider did not adjust the Subject of digital service to comply with the Agreement regarding its provision pursuant to section 10 above;
    3. the Inconsistency still exists despite of the Service Provider's attempt of adjusting the Subject of digital service to comply with the Agreement regarding its provision;
    4. the Inconsistency is so significant that it serves as justification for withdrawal from the Agreement regarding the provision of that Subject of digital service without prior demand that the Service Provider must adjust the Subject of digital service to comply with the Agreement regarding its provision;
    5. based on the Service Provider's statement and the circumstances, it is clear that the Service Provider will not adjust the Subject of digital service to comply with the Agreement regarding its provision within a reasonable period of time or without excessive inconvenience for the Recipient of Services.
  12. The declaration on price reduction or withdrawal from the Agreement can be submitted through electronic mail, to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
  13. The declaration on price reduction or withdrawal from the Agreement should include the following:
    1. the name and surname of the Recipient of Services;
    2. the e-mail address;
    3. the date of delivery of the Subject of digital service;
    4. a description of the detected Inconsistency;
    5. indication of the reason for the declaration, selected from the reasons indicated in section 11 above;
    6. the declaration on price reduction, along with the indication of the reduced price, or the declaration on withdrawal from the Agreement.
  14. The Recipient of Services will not be able to submit to the Service Provider the declaration on price reduction when the Inconsistency refers to the Photographer Account Service or the Service to use the Platform.
  15. The Service Provider shall not demand a payment for the time in which the Session Service was non-compliant with the Agreement for provision of the Session Service, even if the Photographer utilized the Session Service before withdrawal from the Agreement for provision of the Session Service.
  16. The reduced price must be proportionate to the price arising from the Agreement for provision of the Session Service in the same manner as the proportion of the value of the Session Service non-compliant with the Agreement for provision of the Session Service to the value of the Session Service compliant with the Agreement for provision of the Session Service.
  17. The Service Provider shall return to the Photographer the amounts payable as a result of the exercised right to price reduction or withdrawal from the Agreement for provision of the Session Service without undue delay, not later than within 14 (fourteen) days from the date of receipt of the declaration on price reduction or withdrawal from the Agreement for provision of the Session Service.
  18. The Photographer must not withdraw from the Agreement for provision of the Session Service if the Inconsistency is irrelevant.
  19. If the Photographer withdraws from the Agreement for provision of the Photographer Account Service, the Service Provider shall delete the Photographer Account immediately after receipt of the declaration on withdrawal from the Agreement for provision of the Photographer Account.
  20. In a situation when the Photographer concluded the Agreement for provision of the Session Service before the withdrawal from the Agreement for provision of the Photographer Account Service, withdrawal from the Agreement for provision of the Photographer Account Service shall be at the same time considered as the withdrawal from the Agreement for provision of the Session Service under provisions of this § 14. Withdrawal from the Agreement for provision of the Session Service under this section 20 shall have the same outcome as withdrawal from Agreement for provision of the Session Service due to occurrence of Inconsistency.
  21. Pursuant to Art. 34 section 1a of the Act on consumer rights, when the Recipient of Services withdraws from the Agreement for provision of the Subject of digital service, the Recipient of Services shall be obligated to cease the use of that Subject of digital service and stop providing access to it to third persons.

§ 15.
Intellectual property of the Service Provider

  1. All components of the Platform, in particular:
    1. the name of the Platform;
    2. the logo of the Platform;
    3. pictures and descriptions;
    4. principles of operation of the Platform, all of its graphical elements, the interface, software, the source code and databases
    - shall be subject to legal protection under provisions of the act of 4 February 1994 on copyright and derivative rights, the act of 30 June 2000 - the Industrial Property Law, the act of 16 April 1993 on combating unfair competition, and other regulations of commonly applicable law, including regulations of law of the European Union.
  2. Any use of the Service Provider's intellectual property without their prior explicit consent is strictly prohibited.

§ 16.
Processing of personal data

  1. The information on personal data processing by the Service Provider can be found in the Privacy Policy available here: https://mafelo.com/en/terms-and-conditions/privacy-policy.
  2. The rules and conditions of the Photographer's entrustment of personal data processing to the Service Provider have been specified in the terms and conditions of entrustment of personal data processing that constitute Attachment no. 1 to the Terms and Conditions.

§ 17.
Out-of-court settlement of disputes

  1. Provisions of this § 16 refer only to Recipients of Services who are Consumers.
  2. The Recipient of Services shall have the right to use out-of-court complaint and redress mechanisms.
  3. Detailed information regarding the possibility to use out-of-court complaint and redress mechanisms by the Recipient of Services and the rules of access to such mechanisms is available at registered offices and websites of:
    1. district (municipal) consumer ombudsmen and social organizations the statutory tasks of which include protection of consumers;
    2. the Voivodeship Inspectorate of Trade Inspection;
    3. the Office of Competition and Consumer Protection.

§ 18.
Change in the Photographer Account Service and the Session Service

  1. Pursuant to this § 18:
    1. the Photographer Account Service and the Session Service shall be hereinafter mutually referred to as the “Service”, unless a special provision of the Terms and Conditions refers only to one of those services;
    2. the Agreement for provision of the Photographer Account Service and the Agreement for provision of the Session Service shall hereinafter be mutually referred to as the “Agreement for provision of the Service, unless a special provision of the Terms and Conditions refers only to one of those agreements.
  2. The Service Provider shall have the right to make changes in the Service in case of:
    1. the need to adjust the Service to the newly developed devices or software used by Photographers to utilize the Service;
    2. the Service Provider's decision to improve the Service by adding new features or modifying the existing ones;
    3. a legal obligation to make such changes, including an obligation to adjust the Service to the current legal situation.
  3. Changes in the Service must not be subject to any expenses on the side of the Photographer who is a Consumer or an Entrepreneur with Consumer rights.
  4. The Service Provider shall inform the Photographers about the made changes in the Service by publishing a notification with information on the changes on the Photographer Account. Regardless of the above, the information on the made changes shall be sent to Photographers via electronic mail.
  5. If the change in the Service is significantly and negatively affecting the access to the Service of the Photographer who is a Consumer or an Entrepreneur with Consumer rights, the Service Provider shall be obligated to inform the Photographer on:
    1. the characteristics and date of the implementation of the change and
    2. the Photographer's right to terminate the Agreement for provision of the Service without notice within 30 (thirty) days from the implementation of the change.
  6. The Service Provider shall send the information referred to in section 5 above to the Photographers via electronic mail, not later than 7 (seven) days before implementing the change.
  7. In order to terminate the Agreement for provision of the Service under section 5 point 2 above, the Photographer must submit to the Service Provider a declaration on termination of the Agreement for provision of the Service. The declaration referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
  8. Termination of the Agreement for provision of Services under section 5 point 2 above shall have the same outcome as provided for in § 14 of the Terms and Conditions in case of withdrawal from the Agreement for provision of the Service due to occurrence of Inconsistency.

§ 19.
Price List

  1. The current Price List is available on: https://www.mafelo.com/en/pricing.
  2. The Price List may allow a situation in which the Photographer will use a specific number of Session Services free of charge.
  3. The Service Provider shall have the right to change the Price List at any time.
  4. Changes in the Price List shall not affect in any way the Service Provider's remuneration provided for in Agreements concluded before such changes.

§ 20.
Changes in the Terms and Conditions

  1. The Service Provider shall have the right to make changes in the Terms and Conditions in case of:
    1. a change in the Service Provider's scope of business;
    2. commenced provision of new services by the Service Provider, modification of the current services or their discontinuation;
    3. making technical modifications on the Platform which require adjustments of the provisions of the Terms and Conditions;
    4. a legal obligation to make such changes, including an obligation to adjust the Terms and Conditions to the current legal situation.
  2. Recipients of Services shall receive the notification on the change in the Terms and Conditions through the publication of the amended version on the website of the Platform. Regardless of the above, the amended version of the Terms and Conditions shall be sent to the Photographers by electronic means.
  3. Agreements for provision of the Session Service concluded before the change in the Terms and Conditions shall be governed by provisions of the Terms and Conditions applicable at that particular time.
  4. The Photographer who does not accept the change in the Terms and Conditions shall have the right to terminate the Agreement for provision of the Photographer Account Service without notice within 10 (ten) days from the date of receiving the information on the change in the Terms and Conditions. Lack of termination shall be considered as acceptance of the change in the Terms and Conditions.
  5. In order for the Photographer to terminate the Agreement for provision of the Photographer Account Service, the Photographer must submit to the Service Provider the declaration on termination of that Agreement. The declaration referred to in the previous sentence can be sent via electronic mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
  6. The Service Provider shall delete the Photographer Account immediately after receiving the declaration referred to in section 5 above, subject to section 7 below.
  7. In a situation when the Photographer concluded an Agreement for provision of the Session Service prior to the termination of the Agreement for provision of the Photographer Account Service:
    1. the Photographer Account shall be removed once the Photographer uses all the Session Services purchased by them at the time of termination;
    2. until the Photographer uses all the Session Services purchased by them at the time of termination, provisions of the previously applicable Terms and Conditions shall apply.

§ 21.
Final provisions

  1. Polish law shall govern the Terms and Conditions and the Contracts indicated therein. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of the protection provided by the provisions of foreign law, which cannot be excluded by contract and which would be applicable in the absence of the choice of Polish law made in the preceding sentence.
  2. The current version of the Terms and Conditions shall apply from 3 May 2025 r.
  3. Photos saved on the Platform before the date indicated in section 1 above shall be stored on the Platform for 12 (twelve) months from that date. After the expiry of the deadline specified in the previous sentence, the Photos shall be permanently removed from the Platform.
Attachment no. 1 - Rules of Entrustment of Personal Data Processing


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