Terms of Service
These Terms of Service ("Terms") govern your access to and use of the online service made available by Byte Imagination Roger Zacharczyk (trading as Byte Imagination; "we", "us", "our" or "Provider") through the domain on which these Terms are published (the "Service").
The person who creates an Account agrees to these Terms for the Customer: for themselves, or, if they create the Account for a company or other organisation, on its behalf, and that company or organisation becomes the Customer. A person who accepts an invitation to an Account agrees to these Terms as described in Section 3b. If you do not agree, do not use the Service.
How these Terms apply. The Customer is the only party to these Terms with us. Sections marked "Customer only" create rights and obligations between us and the Customer only. Account Owners and Authorised Users are bound only as Section 3b says.
1. Provider identity
- Legal name: Byte Imagination Roger Zacharczyk
- Registered seat: Ludwika Kondratowicza 59/21, Warsaw, Poland
- Tax ID: PL7551870628
- Contact: contact@byteimagination.com
2. Definitions
- Account — the account on the Service that holds the Subscription, the API Keys and the Customer Data.
- Account Owner — the one individual who holds the owner role in the Account and acts for the Customer towards us.
- API — the application programming interface exposed by the Service.
- API Key — a secret credential issued to the Account that authenticates calls to the API.
- Authorised User — an individual, other than the Account Owner, whom the Account Owner has invited to the Account and who has accepted the invitation.
- Customer — the natural person or legal entity that holds the Account and is the party to these Terms with us. In these Terms "you" means the Customer.
- Customer Data — data submitted to the Service through the API or the web panel by the Customer, the Account Owner or any Authorised User.
- Documentation — the user-facing documentation published on the Service's domain.
- Web Panel — the web interface of the Service, in which the Account is managed.
- Merchant of Record or MoR — the entity that sells the Service subscription to you and acts as the seller for tax and consumer-protection purposes. The MoR is Paddle.com Market Ltd (United Kingdom). See Section 5.
- Additional Terms — terms that supplement these Terms with provisions specific to the Service, published alongside these Terms on the Service's domain. Additional Terms form part of these Terms.
- Subscription — your right to use the Service under a paid plan, governed by Section 6.
3. Eligibility and accounts
- You must be at least 18 years old and able to enter into a binding contract under the law of your jurisdiction. The same age requirement applies to every Account Owner and every Authorised User.
- You must provide accurate registration information and keep it current.
- One Customer per Account. The Account may be used only for the Customer's own purposes and only by its Account Owner and its Authorised Users. Sharing the Account with a different person or organisation is prohibited.
- Authority. If you create an Account for a company or other organisation, you declare that you are authorised to enter into these Terms on its behalf. If you were not authorised and the company or organisation does not confirm the contract, you are liable to us as the law provides for a person who acts without authority (art. 103 § 3 of the Polish Civil Code).
- Responsibility. The Customer is responsible for all activity under the Account, including the activity of its Account Owner and Authorised Users as described in Section 3b, and for safeguarding every API Key of the Account. For a Consumer Customer this bullet applies as limited by Section 3b, paragraph 5. The Customer must notify us at contact@byteimagination.com immediately upon discovering any unauthorised use.
- The Service, its documentation, and these Terms are offered in English. By creating an account, you confirm that you have sufficient knowledge of the English language to read, understand, and evaluate these Terms and the documents they reference. This confirmation does not limit any mandatory right you have under the law of your country of habitual residence as described in Section 17.
3a. Customer category: business vs consumer
The Service is offered to both businesses (B2B) and consumers (B2C). Some provisions of these Terms apply differently depending on your category:
- Business Customer means a natural or legal person who acquires the Service wholly or mainly for purposes related to that person's trade, business, craft, or profession. A company name or tax identification number given at checkout is the declaration of that purpose under art. 7aa ust. 2 of the Polish Consumer Rights Act; giving none is not such a declaration. This sentence applies only where the content of the contract does not show that it has no professional character for the person; where it does, the second sentence of the Consumer Customer definition prevails.
- Consumer Customer means a natural person who acquires the Service wholly or mainly for purposes outside that person's trade, business, craft, or profession. Consumer Customer also means a natural person who concludes the contract directly in connection with their own business activity where, from the content of the contract, it has no professional character for them, judged in particular by the subject of their activity in CEIDG (art. 385⁵ § 1 KC; art. 7aa of the Polish Consumer Rights Act), and every provision of these Terms that applies to a Consumer Customer applies to such a person.
The category is the Customer's and is determined at checkout based on the information the Account Owner provides. The category follows the facts. If the information given at checkout was wrong, tell us and we apply the category that is correct. The Additional Terms may further refine how each category is treated.
Where a clause of these Terms differs by category, the difference is stated explicitly. In all other clauses, the same rule applies to both categories.
Mandatory consumer rights apply. Nothing in these Terms limits or excludes any right you have as a Consumer Customer under mandatory law of your country of habitual residence. Sections 11, 12, 13 and 13a do not apply to a Consumer Customer; the liability between us and a Consumer Customer is governed by the law.
3b. Account Owner and Authorised Users
- Who is bound. The Customer is the only party to these Terms with us. The provisions on payment, Subscriptions, quotas, indemnification, warranties, liability, termination and claims (Sections 5, 6, 7, 11, 12, 13, 13a, 14 and 15, and the matching provisions of the Additional Terms) create rights and obligations between us and the Customer only. An Authorised User does not become a party to them and does not take on the Customer's obligations by accepting these Terms. Paddle sells the Subscription to the person who completes the purchase; an Authorised User is not a buyer.
- Account Owner. Every Account has exactly one Account Owner, who acts for the Customer towards us. Only the Account Owner can manage the Subscription and payment details, invite and remove Authorised Users, close the Account, export the Account's data, and accept updated Terms for the Customer. We send notices to the Customer at the email address of the Account Owner. We do not currently offer a transfer of the Account Owner role to another individual.
- Authorised Users. The Account Owner may invite individuals to the Account up to the number allowed by the Customer's plan. Invitations that have not been accepted count towards that number. An Authorised User may use the Service within the Account, create API Keys of the Account and revoke the API Keys they created, change their own password, export their own personal data, and leave the Account.
- What an Authorised User agrees to. By accepting an invitation, an Authorised User (a) confirms that they have read the Privacy Policy, (b) agrees with us to use the Account only for the Customer's purposes, to safeguard the API Keys they create or use, and to follow Section 8 and the Acceptable Use Policy when using the Service, and (c) confirms that they are at least 18 years old. These are the only obligations between us and the Authorised User; they carry no fee. We may suspend a single Authorised User who breaches them, after asking the Account Owner to resolve the matter where that is reasonably possible. We provide access to the Authorised User for as long as the Account is active and the Authorised User has not left or been removed, subject to Sections 6, 14 and 16 and to the Acceptable Use Policy. The Customer, not we, decides who is invited and removed, and an Authorised User has no claim against us because the Account Owner removed them or closed the Account.
- What the Customer must ensure. The Customer invites only individuals who act for the Customer, is entitled to give us their email addresses, and has informed them as the law requires. The Customer removes the access of anyone who should no longer have it. A Business Customer is responsible for the use of the Service by its Authorised Users as for its own use. A Consumer Customer is responsible for its Authorised Users under the general rule of Polish law on a party's liability for the persons it uses to perform a contract (art. 474 of the Polish Civil Code) and not more widely: these Terms do not extend that responsibility, and Section 11 does not apply to a Consumer Customer (Section 3a).
- Removing an Authorised User and API Keys. Removing an Authorised User does not revoke the API Keys that this user created. Before the removal we tell the Account Owner how many API Keys that user created and where to review them. Those keys remain valid until the Account Owner revokes them, and the Customer remains responsible for them under Section 3. We are not liable for the use of such a key by the removed individual or by anyone who obtained the key from them. A revoked key stops working immediately and cannot be restored. The Account Owner may revoke any key at any time. We may revoke a key if we reasonably suspect misuse, in accordance with Section 14 and the Acceptable Use Policy.
- Leaving the Account. An Authorised User may leave the Account at any time. Leaving closes the user's own access and does not delete Customer Data or the API Keys that the user created. We notify the Account Owner by email, including how many API Keys that user created and where to review them. Those keys remain valid until the Account Owner revokes them, as described in paragraph 6.
- Account Owner unavailable. If the Account Owner can no longer act for the Customer, the Customer should contact us at contact@byteimagination.com. We may ask for proof of authority. We may, but are not obliged to, assign the Account Owner role to another individual or close the Account.
4. Service description; no SLA
- The Service is provided on an as-is, as-available basis. We do not guarantee uninterrupted availability, error-free operation, specific throughput, or fitness for any particular purpose beyond what is expressly stated in these Terms or in the Documentation. For a Consumer Customer this does not limit the conformity of the Service with the contract under the law.
- Quotas, rate limits, and feature scope per plan are described on the Service's pricing page and in the Additional Terms.
- We may modify, add, or remove features of the Service only for a valid reason: a change in law or in the guidance of an authority; a court or authority decision; security and abuse prevention; a change in or the end of a service of a third party on which the Service depends, such as a payment, hosting, email or registry provider; or the need to adapt the Service to a new technical environment or to an increased number of users. A change made for these reasons costs a Consumer Customer nothing. A change that significantly and negatively affects a Consumer Customer's access to the Service or use of it is notified to the Consumer Customer by email with reasonable advance notice; the notice states what changes, the date of the change and the right to end the Subscription described in this paragraph. If you are a Consumer Customer, you may end the Subscription because of such a change, without a notice period, within thirty (30) days after the change or after our notice of it, whichever is later, and you then receive a refund as described in the Refund Policy. This right does not arise where we let you keep the Service without the change, at no extra cost and in conformity with the contract.
- A formal Service Level Agreement ("SLA") is not provided on standard self-service plans and is available only under separately negotiated Enterprise agreements.
- Planned maintenance. We may temporarily suspend the Service for planned maintenance, including database migrations, infrastructure upgrades, and security patches. Where reasonably practicable, we aim to schedule such maintenance during low-traffic hours and to give advance notice by email. Reasonable, time-limited planned maintenance of this kind reflects the normal characteristics that a user of a continuously supplied digital service of this type can be expected to anticipate, and does not by itself constitute "unavailability" or "downtime" for the purposes of Section 13. This paragraph does not affect, and is not intended to limit, any right you have under mandatory law that cannot be excluded or restricted by agreement, including any statutory remedy for lack of conformity of a continuously supplied digital service.
5. Merchant of Record; payment (Customer only)
- All payments for Subscriptions are processed by Paddle.com Market Ltd, registered in England and Wales, acting as the Merchant of Record. Paddle is the seller of record to you for tax purposes and for consumer-protection purposes in the relevant jurisdiction.
- Paddle's Buyer Terms and refund handling apply to the transaction between you and Paddle.
- These Terms govern your use of the Service itself and the supply relationship between you and us.
6. Subscriptions, fees, taxes (Customer only)
- Subscriptions are sold per plan as published on the Service's pricing page. Prices are stated in EUR or your local currency as displayed by Paddle at checkout.
- Subscriptions are billed monthly or annually in advance. Fees paid for a billing period are not refunded, including when the Terms end before the end of that period, except as set out in Section 5 of the Refund Policy or where Paddle's Buyer Terms or mandatory law require a refund. A cancelled Subscription continues until the end of the paid billing period and then does not renew.
- Trial periods, where offered, are described on the pricing page. A valid payment method is required to start a trial. Conversion to a paid Subscription occurs automatically at the end of the trial unless cancelled before then.
- Taxes (VAT, GST, sales tax) are calculated, collected, and remitted by Paddle according to your jurisdiction.
- See the Refund Policy for refund handling.
- Non-payment and suspension. If your subscription becomes past due (a payment attempt fails and is not promptly recovered by Paddle's retry process), your access continues during a short grace period. If payment is not recovered by the end of the grace period, access to the Service's paid functionality is suspended until the subscription returns to good standing. Subject to the next bullet, suspension applies however you reach the Service — through its API, through the web interface, and to any automated processing the Service performs on your behalf, such as scheduled checks or notifications. Suspension under this bullet follows from non-payment and does not constitute unavailability or downtime for the purposes of Section 13.
- What suspension leaves you. Suspension does not constitute termination. Your account and Customer Data are retained, and you keep the ability to sign in, to export your data, and to delete it — including by closing your account under Section 14. Where the Service provides a web interface for your data, you can still view your data there; access through the API is suspended in full, including read operations. What you cannot do while suspended is create or change data, or continue to receive the automated processing the Service provides. You are free to end this agreement at any time rather than resume payment — including immediately, using the self-service closure option in Section 14, which cancels your subscription at our payment processor at the same moment. Access is restored as soon as the subscription returns to good standing — whether because the outstanding payment is recovered or because you take out a new subscription — and your data is exactly as you left it, with nothing to re-enter. Where the Service's suspended state differs from this description, the Additional Terms say so.
- No subscription at all. The same limits apply to an account that has never held a subscription, or whose subscription has ended: you may sign in, and you may export or delete your data, but the Service's paid functionality — including any automated processing it performs for you — requires an active subscription. There is no free tier unless the Additional Terms expressly offer one.
7. Quotas, fair use, overage (Customer only)
- Quotas, rate limits and the other limits of a plan apply per Account: all API Keys and all users of an Account share them.
- Each plan has a quota measured in the unit defined for the Service (as further described in the Additional Terms). Calls in excess of your quota are rejected with an error response and are not billed.
- What counts toward your quota. A call counts against your quota if it was made with a recognised API Key, passed quota and rate-limit checks, and reached the Service's request handling — regardless of whether the Service's response was a success or a validation error. Calls that fail authentication (missing or unrecognised API Key, no active Subscription), calls rejected because your quota is already exhausted, calls rejected by the per-second rate limit, and calls that fail due to a fault on our side do not count against your quota.
- Sustained or systematic attempts to circumvent quotas, including by creating multiple accounts, sharing API Keys, or rotating IPs, constitute a breach of these Terms and the Acceptable Use Policy.
8. Acceptable use
The Customer, the Account Owner and every Authorised User must comply with our Acceptable Use Policy, which is part of these Terms.
9. Customer Data; ownership and licence
- You retain all rights in Customer Data.
- You grant us a non-exclusive, worldwide, royalty-free licence to host, process, transmit, display, and otherwise use Customer Data solely as necessary to provide the Service, support, security, and to comply with law.
- You represent and warrant that you have all rights necessary to submit Customer Data to the Service and that Customer Data does not infringe any third-party rights or violate applicable law.
- We process personal data contained in Customer Data as a processor on your behalf under the Data Processing Agreement.
10. Confidentiality
Each party will protect the other party's non-public information disclosed under these Terms with the same degree of care it uses for its own confidential information, and at least reasonable care. This obligation does not apply to information that is or becomes publicly available without breach of these Terms, was known to the recipient before disclosure, is independently developed, or is rightfully obtained from a third party.
11. Customer warranties and indemnification (Customer only; not for Consumer Customers)
- You represent and warrant that (a) your use of the Service will comply with these Terms and applicable law; (b) Customer Data is lawful and you have all necessary rights and consents to submit it; (c) you will not use the Service to send unlawful, harmful, infringing, or harassing content.
- You will indemnify, defend, and hold us harmless against any claim, damage, loss, or expense (including reasonable legal fees) arising out of your breach of the warranties in this Section, your breach of the Acceptable Use Policy, or any claim by a third party in connection with Customer Data or your use of the Service.
12. Disclaimer of warranties (Customer only; not for Consumer Customers)
To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or quiet enjoyment. We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that any data will not be lost.
This disclaimer does not apply to warranties that cannot be excluded under mandatory law of your country of habitual residence.
13. Limitation of liability (Customer only; not for Consumer Customers)
To the maximum extent permitted by law:
- Indirect damages excluded. Neither party is liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, including loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill, or business interruption, arising out of or in connection with these Terms or the Service.
- Cap on total liability. For a Business Customer, our total aggregate liability arising out of or relating to these Terms, the Service, or your use of it, regardless of the form of action and whether in contract, tort, statute, or otherwise, will not exceed the fees paid by you to Paddle for the Service in respect of the calendar month in which the event giving rise to the claim occurred. The Additional Terms may further reduce this cap (for example by expressing it as a service credit) and prevail to the extent of the conflict.
- Sole remedy for unavailability. For any claim arising specifically out of unavailability or downtime of the Service, your sole and exclusive remedy is a service credit equal to the pro-rated fees for the period of unavailability, applied against your next invoice. This service credit counts against (and is not in addition to) the aggregate cap above. No additional damages, refund in cash, or compensation of any kind is payable for unavailability except where required by mandatory law. Reasonable, time-limited planned maintenance carried out in accordance with Section 4 (Planned maintenance) does not constitute unavailability or downtime for the purposes of this paragraph.
- Sole remedy. Subject to the preceding paragraphs, the remedies available under this Section are your sole and exclusive remedy for any liability arising out of these Terms or the Service.
- Duty to mitigate. Each party must take reasonable steps to mitigate any loss it suffers. Loss that could reasonably have been avoided is not recoverable.
The limitations in this Section do not apply to (a) liability for intentional misconduct or gross negligence; (b) liability that cannot be limited or excluded under mandatory law of your country of habitual residence; (c) liability under Article 82 of the GDPR.
13a. Notice of claim and opportunity to cure (Customer only; not for Consumer Customers)
Before commencing any legal action arising out of or related to these Terms or the Service, the claimant must give the other party written notice (email to contact@byteimagination.com is sufficient) describing the alleged breach or loss and the remedy sought, and allow the other party thirty (30) days to cure or to propose a reasonable resolution. This requirement does not apply to claims for injunctive relief, claims based on intellectual-property infringement, or where mandatory law allows immediate court action without prior notice.
14. Term and termination (Customer only)
- These Terms apply from your first use of the Service and continue until terminated.
- Termination by the Customer. The Customer may terminate these Terms at any time by email to contact@byteimagination.com, or by closing the Account (self-service closure below). Cancelling the Subscription ends only the Subscription, at the end of the paid billing period (Section 6); it does not terminate these Terms. The termination takes effect at the end of the paid billing period; the Service remains available until then, and no part of the fee is refunded. Without a paid billing period running, it takes effect at once. Different rules apply only where these Terms say so: self-service closure below, switching to another provider and erasure instead of switching below, and the Consumer Customer's rights in Sections 4 and 16.
- Termination by us. We may terminate these Terms at any time on thirty (30) days' written notice (email is sufficient). Reasons for doing so include, for example, an Account that has had no active Subscription for a long time, the discontinuation of the Service, a change in law or a decision of a court or authority, the end of a service of a third party on which the Service depends, and security or abuse prevention. If the Terms end this way before the end of the paid billing period, a Consumer Customer receives a refund, through Paddle, of the fee for the part of the paid period after the end of the Terms, calculated per day; a Business Customer receives no refund.
- Self-service closure. The Account Owner may close the Account at any time using the self-service deletion option in the account settings. For a Business Customer, and for a Consumer Customer without a paid billing period running, the closure is immediate and irreversible, and no part of a fee is refunded: your access ends, your API Keys are revoked, any active Subscription is cancelled at our payment processor at the same moment, and your Customer Data cannot be recovered afterward, by you or on request; copies in our backups are deleted as the Privacy Policy states. Records we are legally required or permitted to retain are kept as described in the Privacy Policy (see "Effect of termination" below). For a Consumer Customer with a paid billing period running, the closure takes effect at the end of that period: the Subscription does not renew, the Service remains available until then, and we close the Account, with the effects described in this paragraph, on the first day after the period ends, or as soon as possible after that if a technical failure prevents it; no part of the fee is refunded. If such a Consumer Customer's Terms are already ending under another provision of this Section, the closure takes effect when the Account is closed under that provision. Only the Account Owner can close the Account. Closing it ends the access of every Authorised User and closes their user accounts; we tell them by email.
- Termination for cause. We may suspend or terminate your access immediately, without notice, if we reasonably determine that you have materially breached these Terms or the Acceptable Use Policy, or if continued provision of the Service would expose us to legal or regulatory risk. For a Consumer Customer, the last ground applies only if a binding law, court or authority decision prevents us from providing the Service to you. If the Terms end this way before the end of the paid billing period, a Consumer Customer receives a refund, through Paddle, of the fee for the part of the paid period after the end of the Terms, calculated per day, less any part of the fee already returned through a chargeback; a Business Customer receives no refund.
- Data export. The Account Owner may export the Customer Data via the self-service export in the account settings, as an archive of files in structured, commonly used, machine-readable formats (JSON and newline-delimited JSON). An Authorised User can export only their own personal data. The self-service export can be run once every thirty (30) days, except during a switch described below and the retrieval period that follows it; if you need it sooner, contact us at contact@byteimagination.com and we will provide it without undue delay and within thirty (30) days, for as long as the data exists; once the Account is closed, the data no longer exists and cannot be provided. Before the Account Owner confirms closure, the closure page offers the self-service export, without the thirty-day limit, provided that at least five (5) minutes have passed since the previous export.
- Switching to another provider. Chapter VI of Regulation (EU) 2023/2854 (the Data Act) applies to the Service, and this paragraph sets out the switching terms it requires. The Customer may switch to a service of another provider or to its own infrastructure.
- Starting. The Account Owner starts the switch by email to contact@byteimagination.com stating that the Customer is switching. A notice period then runs until the end of the current billing period, but for no longer than two (2) months after we receive that email.
- Transition period. We confirm the email by reply, stating the day we received it and the end of the notice period. From the end of the notice period, a transition period of up to thirty (30) calendar days runs. During it we keep the Service running, support the switch, tell the Account Owner without delay of any risk to continuity that we know of, and keep the security of the data at the level that applies to the Service at any other time. If a transition within thirty (30) days is technically unfeasible, we tell the Account Owner within fourteen (14) working days of receiving the request, give the reasons, and indicate an alternative transition period of no more than seven (7) months, during which the Service keeps running. On request we give the Account Owner the information we hold that is relevant to planning the switch, including the structure and formats of the exportable data. The Account Owner may use the self-service export even if it was used in the previous thirty (30) days, provided that at least five (5) minutes have passed since the previous export.
- Extension and end. The Account Owner may extend the transition period once, by email before it ends, for a period the Customer finds more suitable for its own purposes. The transition period ends when the Account Owner tells us that the switch is complete, or when the period runs out.
- After the transition. We then cancel the Subscription at our payment processor and these Terms end, and Authorised Users lose access. For thirty (30) days after the end of the transition period the Account Owner can still sign in and export the Customer's exportable data, without the thirty-day limit, provided that at least five (5) minutes have passed since the previous export. If a prepaid period is still running when the transition period ends, a Consumer Customer receives a refund, through Paddle, of the fee for the part of the prepaid period after the end of the transition period, calculated per day; a Business Customer receives no refund. The fees for the notice and transition periods are payable as usual. We do not charge for switching.
- Erasure instead of switching. The Account Owner may instead tell us that the Customer does not switch but wants the exportable data erased. The Terms end at the end of the current billing period, but no later than two (2) months after we receive that email, or earlier when the Account Owner tells us that the export is complete; point 7 then applies. Until then the Account Owner may export the data without the thirty-day limit, provided that at least five (5) minutes have passed since the previous export. If a prepaid period is still running when the Terms end, a Consumer Customer receives a refund, through Paddle, of the fee for the part of the prepaid period after the end of the Terms, calculated per day; a Business Customer receives no refund.
- What can be exported. The exportable data are listed on the Exportable Data page, which forms part of these Terms and also lists what is not included and why.
- Erasure. After the retrieval period ends we close the Account, unless the Account Owner closed it earlier, and erase all the Customer's exportable data, except records that the Privacy Policy states we keep because the law requires or permits it (billing records and records of accepting legal documents). Copies in our backups are deleted as the Privacy Policy states.
- Effect of termination. Upon termination the access of the Account Owner and of every Authorised User to the Service ends and the API Keys of the Account are revoked, except that the Account Owner can still sign in to export the Customer Data as described below; this also applies where we terminate for cause, unless the law or a court order prevents it. Customer Data is deleted when the Account Owner's self-service closure is carried out. When these Terms end in another way, the Account Owner can export the Customer Data for thirty (30) days after the end — or for the period described under "Switching to another provider" — after which it is deleted, as set out in Section 12 of the DPA. Certain records are retained after closure where we are legally required or permitted to keep them — billing records under accounting law and proof-of-acceptance records for the defence of legal claims — as described in the Privacy Policy and DPA. Sections that by their nature survive (Confidentiality, Indemnification, Limitation of Liability, Governing Law) survive termination.
- Discontinuation of the Service. We may discontinue the Service at any time on at least thirty (30) days' written notice. In that case, these Terms end on the date the Service is discontinued, and the export window in this Section applies. A Consumer Customer receives a refund, through Paddle, of the fee for the part of the paid period after the end of the Terms, calculated per day. A Business Customer receives no refund, also where the discontinuation is caused by circumstances beyond our reasonable control.
15. Prompt notice of claims (Customer only)
Please tell us about a claim arising out of or related to these Terms or the Service promptly, preferably within thirty (30) days after you learn of the event giving rise to it, so that we can investigate while the facts are available. Notice given later does not bar or reduce the claim; the statutory limitation periods apply unchanged.
15a. Complaints
You can send a complaint about the Service to contact@byteimagination.com. Please describe the problem and what you expect us to do. We answer by email within fourteen (14) days of receiving the complaint.
16. Modifications to these Terms
We may modify these Terms for a valid reason: a change in law or in the guidance of an authority, a court or authority decision, a change in a plan, quota or feature made for a reason listed in Section 4, a change in our payment, hosting or other providers, security and abuse prevention, a change in the law governing personal data or a decision of a data-protection authority that requires a change of our processing, and correcting an obvious error or an unclear wording without changing the rights and obligations of the parties. Material changes will be notified by email to the Account Owner at least thirty (30) days before the effective date. To continue using the Service after the effective date, the Account Owner must explicitly accept the updated Terms for the Customer when prompted in the Web Panel. The same gating applies to API access: until the Account Owner's acceptance is recorded through the Web Panel, API requests made with any API Key of the Account will be rejected with an error response indicating that legal acceptance is required, whichever user created the key. Authorised Users are asked to accept the updated Terms as they apply to them under Section 3b; their acceptance does not lift the gating for the Account. If you do not accept by the effective date, access to the Web Panel and the API will be suspended until you do. If you do not agree to the updated Terms, you may terminate these Terms before the effective date by email to contact@byteimagination.com and request export of your Customer Data. The termination takes effect at the end of the paid billing period, as Section 14 provides; until then the previous version of these Terms applies and its acceptance is not required. The same applies when the Terms are already ending, by your notice or ours, before the effective date. A Consumer Customer may instead ask in that email for the termination to take effect on the day we receive it; if the change worsens the Consumer Customer's position, the Consumer Customer then receives a refund of the part of the fee paid for the period after termination, as described in the Refund Policy. A Consumer Customer may also end the Subscription at any time while access is suspended because the updated Terms have not been accepted, and then receives the same refund. Nothing in this Section limits any mandatory rights you have as a Consumer Customer under the law of your country of habitual residence.
17. Governing law and venue
- These Terms are governed by the law of the Republic of Poland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
- For disputes with a Customer that is not a consumer, the courts competent for the registered seat of the Provider have exclusive jurisdiction.
- Disputes with consumers are subject to the mandatory rules of the consumer's country of habitual residence and to the jurisdiction rules of EU Regulation 1215/2012 (Brussels I bis) where applicable.
- Consumers may also use out-of-court dispute resolution, for example through the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) or the consumer-advice bodies listed at https://konsument.gov.pl. We are not obliged to take part in out-of-court dispute resolution proceedings and have not committed to do so.
18. Consumer rights (B2C)
Consumer rights vary by country. The Service is a digital service supplied without a tangible medium and made available to you immediately after your subscription is activated.
If you are a consumer in the European Union:
- You have a fourteen (14) day right of withdrawal from a distance contract under EU consumer-protection law. Because Paddle is the Merchant of Record (see Section 5), the withdrawal procedure — including any consent to begin performance during the withdrawal period and the corresponding acknowledgement that the right of withdrawal may be lost once the Service has been fully performed — is operated by Paddle in accordance with Paddle's Buyer Terms and applicable consumer-protection law.
- Where you withdraw within the withdrawal period and have already begun to use the Service, you may be charged an amount proportionate to the use you have made of the Service up to the point of withdrawal, in accordance with Paddle's refund process.
If you are a consumer outside the European Union:
- Where mandatory withdrawal, cancellation, cooling-off, or similar rights exist under the law of your country of habitual residence, they apply unaffected by these Terms, and any related refunds are operated by Paddle in accordance with applicable law.
This Section does not limit any other mandatory consumer right under the law of your country of habitual residence.
19. Additional Terms
The Additional Terms published alongside these Terms on the Service's domain form part of these Terms. In case of conflict between these Terms and the Additional Terms, the Additional Terms prevail to the extent of the conflict. The Exportable Data page published on the Service's domain forms part of these Terms in the same way. A reduction of the Exportable Data page is a change of the Terms and follows Section 16. Additions and corrections that do not reduce what can be exported take effect on publication.
20. Miscellaneous
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all assets.
- Entire agreement. These Terms, together with the Privacy Policy, DPA, AUP, Refund Policy, Cookie Policy, Additional Terms, and the Exportable Data page, constitute the entire agreement between the parties regarding the Service.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
- No waiver. A failure to enforce a right is not a waiver.
- Notices. Notices to us must be sent to contact@byteimagination.com. Notices to you may be sent to the email address of the Account Owner.
- Force majeure. Neither party is liable for failure to perform due to circumstances beyond its reasonable control.
- Language. These Terms are concluded in English. Translations, if any, are for convenience only; the English version controls.