Terms of Service for the provision of services by electronic means

§ 1. General provisions

1. These Terms of Service set out the rules for the provision of services by electronic means by the Service Provider through the website available at studiokozubek.pl (hereinafter: the "Website").
2. The Terms of Service have been issued on the basis of Art. 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2020, item 344, as amended) [Ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną].
3. The Service Provider is:
   Łukasz Kozubek conducting business activity under the trade name Studio Kozubek
   Registered seat: ul. Łąkowa 18b, 47-415 Ponięcice, Poland
   Correspondence address: ul. Królewska 50 lok 3, 47-400 Racibórz, Poland
   NIP (Tax ID): 6391803691, REGON: 241395380
   Tel.: +48 883 363 477
   Email: kontakt@studiokozubek.pl
4. A User is any natural person, legal person or organisational unit without legal personality, using the Website.
5. Contact with the Service Provider is possible at the email address kontakt@studiokozubek.pl and by phone at +48 883 363 477.

§ 2. Type and scope of services

1. Through the Website, the Service Provider provides the following services by electronic means free of charge:
   • making available informational content about the services offered,
   • contact form and project quote form,
   • interactive conversational assistant (hereinafter: "AI Chat"),
   • recommendation builder based on artificial intelligence,
   • quick contact form.
2. The use of the above services does not give rise to any obligation of payment on the part of the User.
3. The actual performance of projects (creation of websites, graphic design, AI services, SEO, photography, video and others) is carried out on the basis of separate agreements concluded individually with the Client. These Terms of Service do not regulate the provision of such services.

§ 3. Technical conditions for using the Website

1. The following are necessary to use the Website:
   • an end device with access to the Internet,
   • a web browser in a current version or one released within the last 24 months (Chrome, Firefox, Safari, Edge or another compatible one),
   • JavaScript enabled,
   • local storage (localStorage) enabled - to the extent necessary for the chat to function,
   • an active email account (to receive responses).
2. The Service Provider makes efforts to ensure the Website operates continuously, however reserves the right to technical breaks necessary for maintenance, updates or the elimination of failures.
3. The Service Provider is not liable for disturbances in the operation of the Website resulting from reasons beyond its control (e.g. failures at infrastructure providers, force majeure).

§ 4. Rules for using the AI Chat and the recommendation builder

1. The Service Provider makes available on the Website an interactive help system (AI Chat) and a recommendation builder that tailors the offer to the User's needs. Responses generated by these systems are created automatically using external large language models (LLMs).
2. The User is informed in the interface that they are talking to an automated system and not a human (in accordance with Art. 50 of EU Regulation 2024/1689 - AI Act).
3. Content generated by the AI Chat and the recommendation builder is illustrative, informational and educational in nature and does not constitute:
   • a binding commercial offer within the meaning of Art. 66 of the Polish Civil Code,
   • legal, tax or financial advice,
   • a final project quote.
4. A binding offer, price and terms of cooperation are always confirmed individually by the Service Provider (a human) in separate correspondence.
5. The Service Provider makes efforts to ensure that responses are correct and up to date, however due to the nature of AI technology it does not guarantee the infallibility of the generated content. The User should verify important information with the Service Provider.
6. It is prohibited to use the AI Chat and the recommendation builder for:
   • attempts to bypass security measures, to extract system instructions (prompt injection),
   • generating unlawful, offensive, discriminatory or pornographic content,
   • purposes inconsistent with the system's intended use (e.g. automated spam, load testing).
7. Content entered by the User in the chat remains their property. The Service Provider does not use it to train AI models and does not share it with third parties beyond the purpose of generating a response.

§ 5. Conclusion and termination of the agreement for the provision of electronic services

1. The agreement for the provision of services by electronic means is concluded at the moment of commencing use of the Website (entering the site, opening the chat, filling in a form).
2. The agreement is concluded for an indefinite period and is of a one-off nature - it expires upon leaving the Website or completing a specific action (e.g. submitting a form).
3. The User may at any time cease using the Website without incurring any costs.
4. The Service Provider may refuse to provide a service to a User who violates the provisions of the Terms of Service, in particular takes the actions indicated in § 4 para. 6.

§ 6. Obligations of the User

1. The User undertakes to use the Website in a manner consistent with the law, good morals and these Terms of Service.
2. It is prohibited for the User to supply content of an unlawful nature, in particular:
   • content that is offensive, vulgar or infringes personal rights,
   • content infringing the copyright or industrial property rights of third parties,
   • content that may be misleading (e.g. providing a false NIP),
   • content containing viruses, scripts or other elements that may compromise the security of the Website.
3. The data provided in the forms should be true and up to date. Providing someone else's NIP or someone else's contact details without the owner's consent constitutes a violation of the Terms of Service and may constitute a criminal offence.
4. Please do not provide sensitive data in the forms or in the chat (e.g. regarding health status, ethnic origin, PESEL numbers, ID card numbers, passwords, payment card numbers). This data is not needed by us to prepare a quote.

§ 7. Copyright

1. Content posted on the Website (texts, graphics, code, photographs, logos) is protected by copyright and is the property of the Service Provider or its licensors.
2. Copying, modifying or distributing content from the Website without the written consent of the Service Provider is prohibited, with the exception of permitted personal use.
3. The transfer of copyright to works created as part of the performance of projects for the Client is regulated by a separate agreement and takes place upon payment of the full remuneration, unless the agreement provides otherwise.

§ 8. Complaint procedure

1. The User has the right to submit complaints regarding services provided by electronic means through the Website.
2. A complaint should be submitted to the address reklamacje@studiokozubek.pl or by post to the Service Provider's correspondence address (ul. Królewska 50 lok 3, 47-400 Racibórz, Poland).
3. The complaint should contain:
   • the User's contact details (first name, surname / company name, email, phone number),
   • description of the problem (what the complaint concerns, date of occurrence),
   • the User's demand (e.g. removal of the defect, explanation).
4. The Service Provider examines the complaint within 14 days of receiving it and provides a response to the address indicated by the User.
5. Failure to respond within 14 days means that the complaint is deemed justified (applies to consumers).

§ 9. Out-of-court methods of dealing with complaints (applies to consumers)

1. A consumer domiciled in the European Union has the right to use out-of-court methods of dealing with complaints and pursuing claims.
2. Detailed information is available from consumer ombudsmen, consumer organisations and on the website of UOKiK (Polish Office of Competition and Consumer Protection): www.uokik.gov.pl.
3. The consumer may use the online dispute resolution platform (ODR) available at ec.europa.eu/consumers/odr.

§ 10. Withdrawal from the agreement (applies to consumers and certain sole proprietors)

1. A consumer, and a natural person conducting business activity who concludes an agreement directly related to that activity but without it having a professional character for them, has the right to withdraw from a distance contract within 14 days without giving any reason (in accordance with the Polish Act of 30 May 2014 on Consumer Rights) [Ustawa z dnia 30 maja 2014 r. o prawach konsumenta].
2. The above does not apply to the use of the free functions of the Website (browsing content, forms, chat), since these do not constitute a paid agreement.
3. In the event of concluding a separate agreement for the performance of a project, the rules of withdrawal are regulated by that agreement and by the provisions of law.

§ 11. Personal data protection

1. The controller of Users' personal data is the Service Provider (Łukasz Kozubek).
2. Detailed rules for the processing of personal data are contained in the Privacy Policy.
3. For matters concerning personal data, please contact us at rodo@studiokozubek.pl.

§ 12. Liability of the Service Provider

1. The Service Provider is not liable for:
   • business decisions of the User made on the basis of information obtained from the AI Chat or the recommendation builder (such content is illustrative in nature),
   • damage resulting from the provision by the User of untrue data,
   • damage resulting from using the Website contrary to the Terms of Service,
   • interruptions in the operation of the Website resulting from reasons beyond the Service Provider's control.
2. The liability of the Service Provider towards Users who are not consumers is limited to the amount of remuneration received from such User in the last 12 months; in the absence of such remuneration - liability is excluded, with the exception of damage caused intentionally.

§ 13. Changes to the Terms of Service

1. The Service Provider reserves the right to change the Terms of Service for important reasons, in particular: changes in the law, changes in the scope of services provided, changes in technology providers.
2. The Service Provider informs about changes by publishing a new version of the Terms of Service on the Website with an indication of the date of entry into force.
3. Changes to the Terms of Service do not affect the content of agreements already concluded for the performance of specific projects.

§ 14. Final provisions

1. In matters not regulated by these Terms of Service, the provisions of Polish law shall apply, in particular:
   • the Polish Act of 18 July 2002 on Providing Services by Electronic Means [Ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną],
   • the Polish Act of 23 April 1964 - Civil Code [Ustawa z dnia 23 kwietnia 1964 r. Kodeks cywilny],
   • the Polish Act of 30 May 2014 on Consumer Rights [Ustawa z dnia 30 maja 2014 r. o prawach konsumenta],
   • Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR),
   • Regulation (EU) 2024/1689 of the European Parliament and of the Council (AI Act).
2. The court competent to resolve disputes with Users who are not consumers is the common court having jurisdiction over the registered seat of the Service Provider.
3. The Terms of Service enter into force on 15 April 2026.