This website is owned Storly sp. z o.o. Registration number: 5214031414. Address: ul. Domaniewska 17/19 lok.133, 02-672 Warszawa.
These are the terms and conditions (“Terms”) for the Storly Platform (“Platform”) provided to you as registered User (“User”, “Customer”, “Contractor”) and other Users of Platform (together “Users”). The owner of the Platform is Storly sp. z o.o. (“Storly” or “Operator”) which is incorporated under the laws of the Republic of Poland, with its registered address at Poland, 02-672, Warszawa, ul. Domaniewska 17/19, lok.133,
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING, USING OR CLICKING ON “I AGREE” TO ACCEPT ANY SERVICES (AS DEFINED BELOW) PROVIDED BY STORLY VIA PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AS WELL AS OUR PRIVACY POLICY. IN ADDITION, WHEN USING SOME FEATURES OF THE SERVICES, YOU MAY BE SUBJECT TO SPECIFIC ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THOSE FEATURES.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT USE ANY PORTION OF PLATFORM. AND FURTHER: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. FOR FURTHER INFORMATION, SEE “DISPUTE RESOLUTION” BELOW.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
DISCLAIMERS
Storly is not a copywriter, does not provide services for writing and (or) posting information materials (including Articles), is not a mass media (in any form, including electronic) and (or) an information aggregator. Storly provides an indefinite number of persons with access to a software Platform that helps Users find and interact directly with each other for the purpose of preparing and (or) posting information materials on Internet resources corresponding to their wishes and requirements. We do not control the Internet resources that you interact with.
Storly is not a party to any direct agreement between the Users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of information material that you can purchase from third-party using the Platform and we make no claims about the identity, legitimacy, functionality, or authenticity of Users visible on the Platform, except for cases directly provided hereof.
Your access to and use of the Platform or any content is at your own risk. You understand and agree that the Platform is provided to you on an “AS IS” and “AS AVAILABLE” basis.
To the maximum extent permitted under applicable law, STORLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (PROVIDED THAT, IN CERTAIN JURISDICTIONS WHERE THE LAW MAY NOT PERMIT THE DISCLAIMER OF ALL WARRANTIES, THIS DISCLAIMER SHALL BE DEEMED TO BE AS BROAD AS PERMITTED UNDER APPLICABLE LAW).
No minimum level of service is guaranteed. To the maximum extent permitted under applicable law, we make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by us; and (iv) whether the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Platform, will create any warranty or representation not expressly made herein.
Storly informs that the use of Services provided electronically is associated with risk of User’s personal computer systems being attacked by malicious software, including software whose sole purpose is to cause damage.
In order to minimize this risk, it is recommended to install anti-virus software on the Service Recipient’s computer and to ensure that it is constantly updated. It is also recommended to run a firewall on the computer and to take appropriate actions necessary to secure the device used by them to use the Platform.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside.
We reserve the right to update or modify the Terms at any time in our sole discretion, including without limitation, in order to comply with applicable law. Those additional terms and conditions, which will be available with the relevant service, then become part of agreement with Storly if you use those services. In the event of a conflict between the Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.
1. GENERAL PROVISIONS
1.1 Description of the Platform and Services.
The Storly Platform is an online service that allows Contractors to post Offers regarding the terms and conditions of publishing Articles on their Information Resources, and allows Customers to track Offers available on the Platform and place Orders for Articles to be published on Contractors’ information Resources.
Technical requirements for User Interaction with the Platform:
To interact with the Platform, Users will need:
– A personal computer or mobile device with internet access;
– Access to email;
– A web browser;
– Acceptance of the terms for collecting and processing cookies in the used web browser.
The Platform Operator provides the following services through its functionality to Contractors and Customers (“Services”):
1) Provides Contractors with the ability to post Offers about the opportunity to publish Articles on Information Resources)
2) Provides Contractors and Customers with the opportunity to directly interact during the performance of obligations by Contractors in accordance with the terms of the Order accepted (from the time the Customer sends an Order for the placement of an Article in response to a Contractor’s announcement until the Contractor fulfills its obligations to place an Article);
3) Allows you to use tools to monitor the process of placing a product on a specific order (communicating with the contractor via a dedicated chat, contacting customer support (manager), etc.);
4) Allows management of posted Offers for product publication – Offers (accepting/rejecting Orders sent by customers, interacting with customers for the purpose of fulfilling obligations under the accepted Order, etc.);
5) Provides the technical capability to monitor information regarding completed Orders and the progress of their fulfillment, as well as the capability to track the disbursement of funds from the Account Balance (with relevant details).
1.2 Purpose of the Terms and Conditions.
The Terms and Conditions (the “Terms“) are intended to govern the relationship between the User and the Operator with respect to the use of the Platform. These Terms set out the terms and conditions for accessing and using the Platform, as well as the procedures for performing actions with content and functionality, and for the provision of services by Contractors using the Platform.
2. DEFINITIONS
Account Balance is the nominal value displayed in the corresponding section of the Customer’s account (“Account”), equivalent to:
1) for the Customer – the difference between the amount of funds transferred by the Customer in favor of the Operator (minus the applicable Commission of the Customer) and the amount that was used by the Customer for the purpose of paying for the services of Contractors (if the Customer transfers a certain amount of money in favor of the Operator, while the services of Contractors were not paid, the Account Balance – the amount of funds transferred in favor of the Operator);
2) for the Contractor – the amount of funds transferred by the Customer to the Contractor for the purpose of paying for the services provided by the Contractor for the publication of Articles (minus the applicable Commission of the Contractor).
Individual offers are tailored offers that differ from the terms and conditions in the advertisement published by the contractor (including with respect to the cost of publication of an Article and the scope of related services), which the contractor may create in response to specific requirements of the customer in the order.
Individual orders are orders placed by a Customer to receive a customized proposal from a Contractor.
Special format includes additional services provided in addition to the Contractor’s standard service for publishing an Article, at a price determined independently by the Contractor. These special services allow Contractors to offer their services in various formats and at varying prices.
An Offer is an information message posted by the Contractor using the Platform’s Tools, which contains information about the conditions for publishing Articles on the Contractor’s Information Resource.
The Order Page is a feature of the Platform that allows Customers and Contractors to interact with one another and utilize the Order Management functions.
An Order is a formal document issued by the Customer to the Contractor, in which Customer confirms their agreement with the terms and conditions of publication of an Article as specified by the Contractor in the Offer, and initiates the process for its review by the Contractor.
Customer is a natural or legal entity that has completed the registration process on the Platform (in the relevant section titled “Customer”), who, through the use of the Platform’s tools, can submit Orders to Contractors for the publication of Articles (i.e., the purchase of services from Contractors on the Platform).
Contractor is a natural or legal entity that has completed the registration process on the Platform (in the “Contractor” section) and is able to use the Platform’s tools to offer its services for the placement (publication) of Articles on Information Resources.
User is an individual who has successfully completed the registration process on the Platform as a Contractor or Customer.
Visitor is a person who accesses the Platform, but has not completed the registration process to become a Contractor or Customer.
Information resource is a website (Internet Platform) on which the Contractor, independently or with the assistance of third parties, may publish Articles in accordance with the terms of Orders received from the Customer on the Platform.
Article is a piece of written material that may include, among other elements, photo and video files. These files may have been prepared by the Customer independently or developed by the Contractor at the Customer’s request, in order to fulfill the Contractor’s obligations under the terms of the accepted Order. The purpose of these files is to publish the Article on an Information resource, as ordered by the Customer.
The Cost of the Article is the stated value shown in the relevant section of the Platform for which the Contractor agrees to fulfill the Order sent by the Customer for the placement (publication) of the Articles.
Services – the services provided by the Operator to Customers and Contractors, as well as the services provided by Contractors to Customers (specifically referred to as such in these Terms).
Tools are the software components of the Platform that allow Users to perform the functions of a Contractor or Customer as part of the Order fulfillment process, as well as monitor various account metrics.
Account – an account created by the Operator on the Platform after the Visitor passes the registration procedure as a Contractor and/or Customer on the Platform.
Manager is an employee or representative of the Operator who carries out the Platform Moderation procedures.
Moderation is the Manager’s actions aimed at ensuring that Users comply with the Rules.
A business day is any day of the week, except Saturday and Sunday, as well as official days off according to the legislation of the states where Users are residents.
Intellectual property rights – all rights arising from or related to: (a) patents or similar rights to inventions; (b) copyrights, personal non-property rights, as well as other other rights of authors and others in relation to works; (c) related rights, personal non-property rights, as well as other other rights of contractors; (d) trademarks, service marks, brand names and corporate identity; (e) trade secrets and confidential information; (f) applications for registration, modification, extension, reissue, renewal, extension, maintenance, cancellation in respect of all of the above; and (g) all other similar or similar intellectual property rights or proprietary rights provided for by any legislation anywhere in the world.
3. REGISTRATION, ACCOUNT, RULES OF INTERACTION BETWEEN THE PARTIES
3.1 Registration Requirements.
In order to access and use the Platform’s services, visitors must complete the registration process as outlined in this section. To register and access services on the Platform:
1) Individuals must be 18 years of age or older;
2) Individuals and legal entities must not be listed on any of the following blacklists maintained by the relevant authorities:
– Specially Designated Nationals (SDNs) and Blocked Persons list maintained by the Office of Foreign Assets Control (OFAC), U.S. Treasury Department;
– Special Designated Global Terrorist (SDGT) list maintained by OFAC;
– Foreign Terrorist Organization (FTO) list maintained by U.S. State Department;
– Consolidated Sanctions List (CSL) maintained by the European Union;
– Lists of individuals subject to UN sanctions;
3.1.1 Password policy.
Each Contractor and Customer shall choose a Username and password for use with the Platform, which will be used for subsequent authentication and access to the Platform’s functionality.
At the same time, except as otherwise expressly provided for in the electronic registration form, a User name must consist of at least two characters and no more than 15.It is strictly prohibited to use website addresses, domain names, or any rude, offensive, or obscene language in the User’s profile (as well as other fields available for input).
Users are not allowed to select a Username that is identical or confusingly similar to that of another registered User, nor may they post messages on behalf of that User. Furthermore, it is prohibited to advertise in the User’s name, whether through advertising links, hidden advertising, or by using trademarks or other means of individualizing participants in civil transactions, goods, works, or services.
The User’s chosen name must comply with all relevant laws and regulations of the Republic of Poland. For the purposes of these Terms, a User’s account password is considered confidential information, and the provisions of Section 3.5 of these Terms apply. Users are not permitted to disclose their password to any third party or to allow any third party access to the Platform using their password in conjunction with their Username.
3.2 Creating and Using an Account.
In order to access the primary features of the Platform, a Visitor must complete the registration process on the Platform and provide certain registration information to the Operator (first name, middle initial, last name; identification number, such as PESEL or another number; if this number is not available, the number on a passport, identification card, or other official identification document; permanent address; address for correspondence if it differs from permanent address; email address; and other information required, which will be processed and used in accordance with the Privacy Policy that is an integral part of these Terms.After registration, the Operator, by sending a confirmation email to the email address provided by the Visitor, confirms the information provided by the Visitor and creates an account on the Platform for the Visitor (or the Customer).
The Visitor (User) agrees that all registration data or other information provided to the Operator must be accurate, up-to-date, and complete. In the event that the Operator becomes aware of any inaccuracies, they have the right to restrict or suspend the User’s access to the Platform and all its features (including orders under consideration or execution by the Contractor).The Operator has the right to refuse to accept an application for registration on the Platform or terminate a User’s Account for any reason, without providing any explanation, and without being held liable to Visitors and Users, including due to violations by Users of obligations arising from the rules. The Operator reserves the discretionary right to decide whether to accept a Visitor’s request to create an Account on the Platform.
The Operator may at any time change, suspend, or block the operation of the Platform temporarily or permanently, with or without notice to Users. Users acknowledge that the Operator is not liable to Users or third parties for any such changes, suspensions, blocks, or terminations of the Platform and, consequently, User Accounts.
Upon termination of an Account, if such an Account has a positive Account Balance, the refund process will take place in accordance with the procedure described in section 1 of clause 4.6 of the Terms.The User hereby declares and warrants that he/she will duly comply with the Terms, and such compliance does not require the permission or consent of any other person, nor does the User’s observance of the Terms conflict with the Terms of any agreements entered into with third parties, nor does it lead to any infringement of the rights of the Operator or other third parties.
3.3 Replenishment of Account Balance and Its Use:
3.3.1 Replenishment of Account Balance. Customers may replenish their Account Balance using various payment methods provided by the Platform’s functionality. The Account Balance is replenished through the transfer of funds to the Platform operator (using only those Account Balance replenishment methods available on the Platform), who then records the transferred funds for the specific Customer and ensures the display and update of the User’s Account Balance.The available methods for replenishing the Account Balance are displayed in the customer’s personal account. Depending on the information provided by the User to the operator during the registration process on the Platform (in particular, their location), the User will be presented with methods to replenish their Account Balance that are available, taking into account their location, citizenship, residence, place of state registration, and other relevant factors. Users agree that the Operator has the right to unilaterally determine available methods of Account Balance replenishment for all categories of Users.
To replenish their account, Customers can:
1) Use the technical solutions available on the Platform in their Account;
2) Contact the manager by sending a request via a dedicated window in their Account’s personal area to receive an invoice from the Operator;
3) Contact the Operator (manager) via email to receive an invoice from them.On the Account Balance, funds deposited by a User are displayed in the activated form as US dollars (code – “US DOLLAR”). This means that when the User replenishes the Account Balance for a certain amount in USD, they will have an Account Balance in USD equal to the transferred amount by the User in favor of the Operator, minus the Customer’s commission and the Contractor’s commission.
The amount of fees and commissions for using the Platform can be found in the relevant section on the Platform. Additionally, during the process of replenishing the Account Balance, Users will be provided with detailed information about fees and charges through a banner or an accompanying message.
3.3.2 Use of Account Balance by Users.
After the Account Balance has been replenished, the Customer may submit Orders for the purchase of items, while making payment by the Customer (i.e., after the Contractor has successfully provided services in full). The Cost of the Article in USD will be deducted from the Customer’s Account Balance and, if the Order is successfully completed, transferred to the Contractor’s account (i.e., the equivalent amount in USD will be recorded by the Operator for the Contractor).
During the period when an Order is in the completed status, the amount equivalent to the Cost of the Article will be recorded on the Customer’s side until the Contractor fulfills all obligations under the Order, but it will not be reflected on the Customer’s Account Balance in order to simplify the accounting process for funds spent on the Platform.In the future, in order to monetize its activities, the Contractor may transfer funds from its Account Balance to a bank account or other specified source. When performing a withdrawal, the amount in USD to be withdrawn will be debited from the Contractor’s Account Balance, and an equivalent amount in USD will be transferred by the Operator to the specified account of the Contractor (bank account or other source) (minus the Contractor’s Commission).
3.4 General Order of Interaction:
3.4.1 Contractors have the right to:
1) Post Offers on the Platform;
2) Review the terms of Orders and, at their sole discretion, accept or reject any Orders without limitation;
3) Receive remuneration for the execution of Orders, i.e., for providing services for posting Articles on Information Resources;
4) Interact with the Operator, other Contractors and Customers using the technical solutions of the Platform;
5) Use the Platform’s Tools;
6) Access information posted on the Platform related to the activities conducted by Contractors;
7) Access information posted on the Platform regarding actions performed by Contractors;
8) Perform other actions not mentioned in this paragraph, but which are directly provided for by the technical solutions and Tools of the Platform.
3.4.2 The Contractors shall:
1) Comply with all applicable laws, rules, and regulations, including those arising from the Platform’s Terms;
2) Accurately and completely execute Orders after accepting the terms and conditions using the Platform’s Tools, such as posting Articles on Information Resources;
3) Not publish information that is prohibited for distribution through ads on the Platform or in Articles when publishing;
4) Only use the Platform and its software Tools and technical solutions for purposes specified in the Terms;
5) Not modify the Platform software in any way or access the Platform with rights to control it or any part thereof;
6) Not expose the Platform to malware, hacking attacks, or other malicious activities;
7) Respect the rights of other Users.
In the event of a breach of the obligations assumed by the Contractor as outlined in subsection 2 of section 3.4.2, the Operator is entitled to reduce the Contractor’s standing on the Platform in accordance with the severity of the infringement of the regulations perpetrated by the Contractor.
3.4.3 Customers are entitled to:
1) Replenish their Account Balance in any manner available in accordance with the Terms and technical solutions of the Platform;
2) Send Orders in response to Offers placed by Contractors;
3) Interact with the Operator, other Customers, and Contractors using the technical solutions provided by the Platform;
4) Utilize the available software Tools offered by the Platform;
5) Access information posted on the Platform regarding actions performed by Customers;
6) Perform other actions not explicitly mentioned in this section, but which are directly enabled by the technical solutions and Tools provided by the Platform.
3.4.4. Customers are required to:
1) Comply with the Terms of other documents the obligation to follow which arises on the basis of these Terms;
2) Use the Platform, its software Tools and technical solutions solely for the purposes stipulated by these Terms;
3) Not to submit Orders for the creation and/or posting of Content that contradicts the terms of these Terms, including moral and ethical standards, as well as any Content containing information prohibited for dissemination;
4) Refrain from modifying the Platform’s software or any of its components in any way;
5) Not access the Platform using rights that allow controlling the Platform or any portion thereof;
6) Take measures to prevent the Platform from being exposed to malware, hacking attacks, etc.;
7) Not initiate the process of canceling an Order that is currently being processed by the Contractor;
8) Respect and uphold the rights of other Users.
In the event of a breach of the obligations assumed by the Client pursuant to subclause 7 of clause 3.4.4, the Operator is entitled to impose a penalty on the Customer in the amount equivalent to 20 percent of the cost of the Article within the scope of the Order that was submitted and subsequently canceled by the Customer.
3.5. Information Protection.
The Contractor is entitled to request the Customer to disclose specific confidential information that will be utilized by the Contractor for the purpose of executing Orders. Consequently, the Contractor assumes responsibility for safeguarding such confidential data from unauthorized access and disclosure, treating any information received from the Customer as its proprietary intellectual property (confidential data).
The Contractor commits to:
1) Maintain the utmost secrecy regarding all such data;
2) Refrain from sharing information with third parties;
3) Utilize the data solely for the execution of the Order — refraining from using the information provided for Articles developed for other Customers and/or third parties, or for their own business or marketing purposes.
4. OFFERS, ORDERS AND THEIR EXECUTION
4.1. Guidelines for Offers.
The Contractor publishes Offers with the aim of informing Customers about the opportunity to publish Articles on Information Resources using the Platform’s Tools.
It is strictly prohibited to publish Offers on the Platform that:
1) Contain false or misleading information or contain prohibited information (or contain a call-to-action or information about the possibility of publishing such prohibited information on an information resource);
2) Infringe copyrights or other intellectual property rights of Users, operators, or third parties;
3) Are of a discriminatory or offensive nature;
4) Promote prohibited goods or services.
4.2. Criteria for Offers Content and Format.
In order to publish an Offer, the Contractor must complete the form provided by the Platform. This form contains both mandatory and optional fields. Failure to provide the requisite information or refusal to fill out the form may result in the Platform rejecting the Offer using an automated system, preventing it from being published to the public.
Only those Offers that have been fully completed, containing all necessary information, are eligible for publication.
The Operator reserves the right to use technical moderation algorithms or engage Managers to remove Offers from public view if their content, including related information, infringes these Rules, violates the rights of the Operator, Users, or third parties. Considering the aforementioned, it is generally accepted that an advertisement may include, among other things, the following:
1) Terms and conditions regarding the cost of publication of the Article;
2) A description of the available subjects for Articles to be published;
3) Requirements for the Customer on whose behalf the Article is planned to be published, if any;
4) An indication of whether or not it is possible for the contractor to prepare an Article on a subject specified by the Customer in the Order using their own efforts, the efforts of their employees, or those of affiliated parties;
5) Conditions for publication of an Article in a “Special” format — what additional services the Contractor Offers, their costs, pricing structure, due dates, and so forth. Within the framework of the “Special” format, the contractor may offer the Customer a service aimed at drafting an Article text tailored to the Customer”s specifications and requirements. The cost of producing the Article text is calculated based on a per-word rate.
4.3. Placing an Order for Publication of an Article.
The Customer selects an Offer from those Contractor in the open domain independently, which meets their requirements.
The Customer sends an Order to the Contractor, in which they confirm their agreement with the terms and conditions specified in the Offer, providing information about the Article they wish to publish. Upon receipt of the Order, the Contractor may accept or reject it at their discretion (i.e., the Contractor has the right to refuse any Order from any Customer they deem it necessary). Following the confirmation of an order by the contractor, the Ssers — the parties to the agreement, namely, the Contractor and the cCient — are granted access to utilize the Platform tools within the Order system for purposes of communication, deliberation on the conditions for publication of a piece of content, and interaction throughout the course of order execution.
During the process of reaching an agreement on the terms for the publication of the Article (until both parties have confirmed the coherence of terms and the commencement of fulfilling their obligations under the Order), both the Customer and the contractor retain the right to terminate their engagement with each other at any point and withdraw from fulfilling the terms of the Order.
Upon successful agreement on the conditions for the publication of Article on the Customer’s behalf, the parties affirm this fact via the use of the Platform’s Tools.
4.4. Procedure for executing an Order and its outcome.
Upon confirmation of the Order by the Contractor (i.e., upon confirmation that all conditions for publishing the Article are in Information Resource and agreed upon by both parties), the Contractor proceeds with the order execution process. The Order is executed within a period of 24 hours from the time the Contractor accepts the order. The parties may agree on a different deadline during the negotiation of the terms of the Order, but it cannot exceed 14 calendar days from the day the terms of Order execution are agreed upon and, consequently, the transfer of such an order to the «Performing» status. Upon the conclusion of the aforementioned or any other period mutually agreed upon by the parties, the Article must be published on the Contractor’s Information Resource in accordance with the terms and conditions of the Order. The duration, cost, and procedures for the provision of related services by the Contractor (or third parties acting on the contractor’s behalf) such as textual amendments to the Article, the addition of photos and video materials, and the promotion of the Article, among others, are determined either through the process of confirming the Order or separately following its execution, as agreed upon by both parties.
4.4.1. Liability for the outcome of the Order.
The Platform or Operator shall not be liable in any way for the result of the Article published by the Contractor, its quality and other characteristics, as well as for the quality and completeness of related services provided by the Contractor.
In the event that the Customer remains dissatisfied with the quality of services rendered by the Contractor after the publication of the Article by the latter, and (or) the result of such services (the Article published on the Information Resource or its components) discredits the honor and dignity of the Customer (or causes irreparable harm to their business reputation), such Customer may resolve the situation in any manner available to them, including by submitting a claim or a lawsuit to an authorized court against the Contractor.Moreover, the Contractors and Clients hereby agree to the mandatory pre-litigation and pre-claim procedure for dispute resolution using the Platform’s Tools in accordance with the procedure described in paragraph 4.4.2 below.
4.4.2. Resolution of Disputes through the Platform.
The Operator, utilizing the capabilities of the Platform, empowers the parties involved in an Order to engage in ongoing communication throughout the execution of the Contract by the Contractor. This approach significantly reduces the risk of discrepancies between the terms outlined in the Order and its final outcome.In the event of any dispute, Users are obliged to initially resort to the technical solutions and tools provided by the Platform in order to engage in a dialogue with all parties involved in the transaction process. The goal is to resolve any disagreements and reach an agreement on revisions to the Article that has been published.
In this context, the Customer is required to provide the Contractor with a detailed list of the necessary changes, the cumulative volume of which should not exceed 25% of the original text of the Article. With regard to the revisions proposed by the Customer for inclusion in the Article, all the provisions of the rules for published Articles apply, including the prohibition against disseminating prohibited information. In the event that, during the course of repeated interactions within the framework of the Order, the parties fail to reach an agreement regarding the manner in which the published Article should be amended by the Contractor, or if the Contractor declines to make the suggested edits proposed by the Customer and/or refuses to engage in further interaction with the Customer, the Customer is obliged to refrain from confirming the completion of the order and full fulfillment of the Contractor’s terms, thereby preventing the Order from being automatically transitioned by the Platform’s algorithms into the “Completed” status. This situation must be reported to the dedicated section of the Platform designated for disputes.
When parties engage with the “Dispute” section of the Platform, a Manager with the authority of a moderator is assigned to oversee the resolution process. To address the matter at hand, the manager scrutinizes the data provided by the Contractor and Customer regarding the order, its specifics, and the steps involved in its execution. Additionally, they refer to the records maintained by the Platform during the course of the transaction.
Upon reviewing all pertinent information and relevant dispute-related data, the Manager is empowered to render a decision regarding the appropriate course of action for both the Contractor and the Customer to take in Order to settle the dispute. When the contractor engages in the aforementioned actions, the customer may contact the operator or Manager to initiate a procedure for refunding money to their Account Balance. In such a scenario, the Operator or Manager meticulously examines the entire sequence of interactions between the parties involved in the Order at every stage of its implementation, as well as scrutinizes other documents and materials that corroborate the contractor’s failure to fulfill their obligations under the order in a proper manner.
If the Operator or Manager deems that the Contractor has indeed failed to comply with their obligations, they have the authority to activate the mechanism for returning funds to the Customer’s Account Balance, as outlined in subsection 2 of clause 4.6. This decision may result in imposing sanctions on the Contractor, such as blocking its Account, lowering of rating, and reducing the visibility of Offers on the Platform.
4.5. Form, payment procedure, pricing, applicable fees, and refund procedure.
4.5.1. Form and payment procedure.
Upon confirmation of the terms of Article publication, funds equivalent to the value of the services rendered by the Contractor, as agreed upon between the parties (referred to as «the Cost of the Article»), shall be debited from the Customer’s Account Balance. The Contractor shall begin accounting for these funds only upon confirmation that Contractor have fulfilled the terms and conditions of the Order, meaning that funds will not be transferred to the Contractor’s Account until the Customer confirms that the Contractor has fully complied with its obligations under the terms of the Order as agreed upon by both parties. This includes the successful publication of the Article, completion of its promotion period, or any other agreed-upon termination point for the Order.
4.5.2 Applicable fees and charges.
In the course of utilizing the Platform, Users may employ technical solutions and Tools that are proprietary software developments of the Operator. For the utilization of these solutions and tools, the Operator levies commissions on behalf of both the customer and the contractor, in accordance with the provisions of these Terms.
The Operator charges a commission to the Customer for the following activities performed on the Platform:
1) Utilizing the Platform’s tools to generate and obtain the result of an Order.
Similarly, the Operator imposes a commission on the Contractor for the following operations carried out on the Platform:
2) Placing Offers and fulfilling Orders using the Tools provided by the Platform.
The precise amount of commission levied on the Customer and Contractor is disclosed by the Operator in the designated section of the Platform. Users acknowledge and accept that they are solely responsible for any tax obligations arising from payments received by them from other Users or from the Operator.
Furthermore, the User assumes full responsibility for:
1) defining and fulfilling their obligations in accordance with relevant regulations regarding invoicing, reporting, collection, or transfer of any applicable taxes or fees;
2) Determining whether, in compliance with applicable legislation, the Operator is obliged to withhold any portion of the paid amount for the Article and notifying the Operator of such a claim, as well as reimbursing the Operator for any expenses incurred in fulfilling claims for payment of the withheld amount to relevant authorities, including fines and interest.
The User shall be responsible for paying any taxes arising in relation to the execution of Orders received through the Platform and in accordance with the Rules, without any offsets or deductions from the fees paid by the Operator.
In the event of an audit conducted by the Operator, the User hereby agrees to promptly cooperate with the Operator by providing copies of tax returns and any other documents reasonably requested for such an audit purpose, including, but not limited to, documentation confirming the User’s engagement in activities on the Platform.
4.6. Refund procedure.
The refund process entails the transfer of the funds credited to the User’s Balance to their Balance and/or to any available funds source (bank account, payment system account, etc.), including those from which the User’s balance was originally replenished (or could have been replenished if the User had entered data from such sources into the account), due to one of the following events:
1) Closure of the User’s account at the Operator’s initiative and/or at the User’s request. In case of closure of the Account, the Operator commits to transferring the funds credited to the Account Balance within 30 business days from sending a notification (or upon receipt of a request) to the User regarding the closure of their Account, in accordance with the provided data (bank details) from the source used by the User to replenish their balance. In order to determine the final amount that will be transferred to the User as part of the refund process, all the applicable fees for orders and commissions of the customer and/or commissions of the contractor will be taken into consideration. Consequently, the amount transferred to the User will be proportionately reduced by the sum of payment obligations that must be fulfilled in accordance with the Terms.
2) The non-compliance of the Contractor with the terms and conditions of the Order. In the event of non-performance by the Contractor of the terms and conditions of the Order, including the absence of publication of an Article on the information resource, violation of the agreed terms for publication of the Article, such as the content of the Article, the date and time of publication, the specific section of the information resource where the Article should be posted, and the conditions for promoting the Article, as well as in the absence of confirmation by the Customer in the relevant Platform module that the Contractor has fulfilled the Order terms, means are temporarily debited from the Account Balance of such customer for the purpose of subsequently paying the cost of publishing the Article. They are subject to restoration to the Customer’s Account Balance within a period of 10 (ten) working days from the date of the Customer’s notification to the Operator regarding the Contractor’s failure (or incomplete fulfillment) to fulfill its obligations under the Order.
4.7. Transfer of Intellectual Property Rights.
When the parties have agreed that the Contractor, its employees or any third parties affiliated with the Contractor undertake to draft the text of an Article, then upon completion of the Article’s preparation, publication, and payment (i.e., upon full fulfillment of the Contractors obligations under the Agreement), the Contractor shall transfer to the Customer all Intellectual Property Rights, including but not limited to the exclusive right to the work produced by the Contractor.
Furthermore, the Contractor assumes responsibility for ensuring the transfer of intellectual property rights from all third parties involved in the development of the Article to the Customer. It is worth noting that the cost associated with these intellectual property rights is incorporated into the overall cost of the Article and does not require any additional payment from the Customer. Any transfer of Intellectual Property Rights to the Customer is contingent upon the full payment for publication of the Article, and is not to be affected if the payment is canceled or fails to materialize for any reason.
To avoid ambiguity, in Articles produced on commission, the work delivered and the Intellectual Property Rights therein are the property of the Customer, and upon delivery the Contractor agrees that, pursuant to these Terms, he transfers all Intellectual Property Rights to the Customer.
In order to enable the use of the text of a published Article in fulfillment of obligations under an Order, Intellectual Property Rights (including the text of the Article and other content) that are default property of the Customer or have been transferred by the Contractor following the preparation of a draft Article are transferred by the Customer to the Contractor to the extent required for:
1) The placement of the Article in public access on the Information Resource of the Contractor and its distribution to third parties;
2) Promotion of the Article on the Internet with the aim of increasing the number of views.
The Users (both Customers and Contractors) affirm that they possess the necessary intellectual property rights in respect of the works they voluntarily upload to the Platform for inclusion in Articles, including the texts of Articles, photographs, and videos, which are required for the purpose of fulfilling the order and publishing the Article.
Furthermore, Users (both Customers and Contractors), unless they expressly indicate otherwise, confirm that works they upload to the Platform, including photographs, videos, User names, and any other information, such as displaying the results of completed Orders, may be used by the operator for marketing and other purposes.
In accordance with the provisions of applicable law, any transfer of Intellectual Property Rights must be formally documented through the execution of a written agreement between the Customer and the Contractor. Both parties shall determine the terms and conditions of this agreement based on the agreements reached through the Platform and shall assume the risk of any invalidity in accordance with legal regulations.
5. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR SHALL NOT BE HELD RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR PENALTIES, AS WELL AS FOR ANY LOST PROFITS OR INCOME INCURRED DIRECTLY OR INDIRECTLY, OR FOR ANY LOSS OF DATA, USE, BUSINESS REPUTATION OR OTHER INTANGIBLE LOSSES RESULTING FROM:
(I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM AND ANY TOOL;
(II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING, AMONG OTHER THINGS, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL BEHAVIOR BY OTHER USERS OR THIRD PARTIES; OR
(III) ANY CONTENT POSTED ON THE PLATFORM.
IN NO CASE SHALL OUR TOTAL LIABILITY TO YOU EXCEED MORE THAN ONE HUNDRED EUROS (100 EUROS) OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST SIX MONTHS, WHICH WAS THE BASIS FOR THE CLAIM.THE LIMITATIONS SPECIFIED IN THIS SECTION APPLY TO ANY TYPE OF LIABILITY BASED ON WARRANTY, CONTRACT, LAW, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE OR NOT, AND EVEN IF IT TURNS OUT THAT THE REMEDY SET OUT IN THIS DOCUMENT HAS NOT HELPED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER LIMITATION OF THE APPLICABILITY OF SOME OF THE ABOVE FORMULATIONS. ACCORDINGLY, IN SUCH JURISDICTIONS, SOME OF THE ABOVE RESTRICTIONS MAY NOT APPLY TO YOU, AND THE OPERATOR’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION. THIS LIMITATION OF LIABILITY REMAINS IN EFFECT AFTER THE TERMINATION OR EXPIRATION OF THE RULES.
5.2 The following activities are prohibited for Users:
1) Distribution of information about sexual services and pornography using Platform tools. The Operator does not permit the exchange of materials or services with sexual connotations or subtext;
2) Engaging in inappropriate behavior. User interactions on the Platform should be friendly, constructive, and professional. Harassment, bullying, and incitement of hatred against others are strictly prohibited. The Platform provides Users with a messaging tool solely for the purpose of negotiating terms, content, and posting order of Articles and fulfilling Orders.
3) Carrying out “phishing” and spamming. The safety of Users is of utmost importance to the Operator. Any attempts to disseminate or send malicious content with intent to compromise another User’s account or computing environment are strictly forbidden. Respect the privacy of other Users by refraining from contacting them with unsolicited suggestions, inquiries, recommendations, or any other content unrelated to their Ads or activities.
4) To disseminate restricted data — you are not authorized to release personal or confidential data of other Users or third parties. Any interchange of personal data necessary for executing an Order must be conducted within an information sphere (utilizing Tools) for placing the Order. The executors also affirm that any data they receive from the Customer that is not in the public domain should not be utilized for any purpose other than fulfilling the Customer’s Order.
5) Violation of the authentication procedure — Visitors and Users are strictly prohibited from creating a false identity, altering their own identity, or creating an Account on the Platform on behalf of someone else. Additionally, it is forbidden to use or attempt to use the Account of another User or access their personal information.
Furthermore, all profile information, such as descriptions, locations, and other details, must be accurate, complete, and not misleading, illegal, offensive, or incorrect. The Operator reserves the right to impose additional verification procedures on Users, including the use of identity cards, phone verification, or other methods, in order to ensure compliance with these Terms.
6) Committing fraud or using the Platform for illegal activities — it is strictly prohibited to use the Platform for any purpose that is illegal or involves unlawful activities.
7) To use the Platform, such as posting advertisements, negotiating terms of Orders, and publishing Articles, in a manner that would result in infringement of Intellectual Property Rights or the dissemination of prohibited information, which could lead to:
– Insulting, defaming, or disparaging the honor, dignity, or business reputation of Users, Visitors, or other individuals, as well as disparaging the business reputation of organizations;
– Inciting ethnic hatred;
– Disclosing information on the production of explosives or organizing terrorist acts;
– Providing instructions on how to commit suicide;
– Analyzing state secrets or measuring trade secrets (know-how);
– Publishing information about individuals under the age of majority without obtaining consent from their legal representatives;
– Sharing any other content that clearly or inadvertently poses a risk of harm to any person, including unsolicited emails or repetitive or meaningless messages.
The following actions are prohibited:
– publishing personal data of individuals (including phone numbers and residential addresses) without obtaining their consent;
– engaging in the sale or disclosure of narcotic substances, psychotropic drugs, or their precursors;
– disseminating messages or materials that are prohibited by Polish law.
5.3. Indemnification and Liability.
Users agree to indemnify and hold harmless the Operator, its officers, employees, agents, affiliates, licensees, partners, independent contractors, service providers, and other persons acting in conjunction with the Operator from any claims, damages, liabilities, costs, expenses, and other charges, including, without limitation, reasonable legal and other applicable fees arising out of or in any way connected with these Terms, including but not limited to:
1) Any violations by Users of these Terms and any other conditions set forth on the Platform, including, but not limited to, representations and warranties;
2) Any violations by Users of any applicable laws, rules, and regulations of any jurisdiction;
3) Orders, text messages, or non-payment for delivered and accepted Orders;
4) Any claims that the Orders, Articles, their content, or the conduct of Users have caused harm to a third party or the Operator, including, but not limited to, infringement, infringement, misappropriation, or violation of the rights of a third party or those of the Operator, such as intellectual property rights, privacy rights, or contractual rights, or that the content of Articles contains any defamatory, disparaging, obscene, or sexually explicit materials;
5) The use of the Platform by Users, as well as actions or inaction in relation to the Platform, the Operator, or other Users.The Operator shall notify the User by e-mail of any such claim or suit and shall provide defense against such claim or action at the expense of the User. The Operator may participate in the defense of such action at its own expense and select its own attorney or other legal counsel, but is not compelled or obligated to do so.
5.4. DISPUTE RESOLUTION
5.4.1. Pre-trial resolution of disputes. The Operator is committed to promoting pre-trial dispute resolution and seeks to ensure swift and satisfactory resolution of most User issues. Users can contact customer support at support@_____ to resolve issues promptly. If the issue remains unresolved after contacting customer support, the party seeking legal recourse must first provide the other party with written notice of the dispute via registered mail (“Notice”).The Notice must be sent to the Operator at the following address: [notification address]. The Notice should clearly state the nature of the claim or dispute, provide the grounds for it, and specify the particular legal remedies being sought.
If the parties fail to reach a resolution within sixty (60) business days of receiving the notice, either the Operator or the User may pursue legal action. During the course of litigation, neither party is permitted to disclose the amount of any offer made for settlement until the court has determined the appropriate amount, if any, that the operator or User is entitled to.
5.4.2. Dispute resolution procedure.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland.
The User unconditionally acknowledges that any disputes arising in connection with these Terms will be resolved exclusively in a competent state court located at the Operator’s country of residence, and hereby irrevocably agrees to the competence and jurisdiction of such courts.
Communication with the Operator shall be effected exclusively through email, with a copy being sent by mail to the email address provided by the User upon registration. This method of communication is considered a valid form of interaction.
ANY CLAIMS ARISING FROM THESE TERMS AND CONDITIONS, THE PLATFORM, OR THE SERVICES SHALL BE SUBMITTED WITHIN SIX (6) MONTHS OF THEIR OCCURRENCE, OTHERWISE SUCH CLAIMS SHALL BE DEEMED TO BE WAIVED. The individuals who reside in countries outside the European Union and have chosen to utilize the Platform are solely responsible for ensuring compliance with the local laws and regulations applicable to them. The Platform’s operator does not provide any guarantees regarding the acceptability of the Platform or services rendered by Users outside the borders of the Republic of Poland. Furthermore, the operator reserves the authority to restrict access to the Platform at any given time and for any reason, without any prior notice.
6. MODIFICATION AND TERMINATION
6.1. Amendments to the Terms.
The Operator reserves the right to modify and update its Terms at any time, without prior notification, by posting the revised or updated Terms on the Platform. It is the Operator’s obligation to notify registered Users of the Platform about any changes and/or additions to the Terms by sending such notifications to the email address specified during account registration (Account).
Any modifications to these Terms will become effective upon publication of the changes or additions on the Platform. Users are obliged to periodically review the Terms for any modifications if they are regularly using the Platform. Should a User disagree with the modifications made to the Terms, such User must terminate their Account within thirty (30) calendar days of the date of the modifications. Should the User, within thirty (30) days after the implementation of the changes, continue to use, view or access their Account, it shall be deemed that such User has acknowledged and accepted the amended and/or amended Terms.
6.2. Dissolution of the Terms.
The User shall have the right to voluntarily terminate their Account at any time, by giving the Operator notice of such intention not less than ten (10) business days prior to the desired date of termination of their User status.
6.3. Closure of the Account.
The Account of the User may be closed at any time with five (5) business days’ prior notice or at any other time without prior notice, in the event of:
1) Violations by the User of these Terms;
2) Violations of Intellectual Property Rights by the User, or by any other person for whom the User is responsible, of the Contractors, Operator, or any third parties;
3) Breach of any policy, including but not limited to the Privacy Policy;
4) Violation by the User of provisions of any applicable laws, including but not limited to unethical conduct;
5) Behavior of the User that is detrimental to the commercial or financial interests of the Operator, as determined by the Operator in its sole discretion.
6) Conduct on the part of a User or any individual for whom the User is responsible that is of such serious and significant nature as to, in the sole discretion of the Operator, cause harm to the reputation of the Operator or other Users, as well as its Customers, affiliates, agents, or employees.
7) User behavior aimed at bypassing the Platform’s system through establishing contact with other Users using interaction tools outside of those provided on the Platform, such as publishing ads or sending Orders, with the intention of informing other Users about the conditions for posting content.
7. FINAL PROVISIONS
7.1. Mediation. The User acknowledges that the Operator may act as an intermediary in order to fulfill the obligations of the User in accordance with these Terms, with the aim of facilitating User interaction and conducting operations related to Order transactions on behalf of the User. In other words, the Operator is authorized to undertake legal and other activities on behalf of and at the expense of the User.
7.2. Jurisdiction. These Terms shall be interpreted and applied in all respects in conformity with the laws and regulations of the Republic of Poland. The Users unconditionally accept the exclusive jurisdiction of an authorized court located at the Operator’s premises for any disputes that may arise directly or indirectly as a result of a breach of these Rules or any rights or obligations arising from them.
7.3. The separability of provisions. Should any provision of these Terms be declared null and void or unenforceable due to any reason, including any portion thereof, the remainder of the provisions shall remain in full force and effect to the maximum extent permissible, and the balance of these Terms shall continue to be in full operation.
8. CONTACT INFORMATION
Storly sp. z o.o.
Poland, 02-672, Warszawa, ul. Domaniewska 17/19, lok.133