MINKBY – TERMS OF SERVICE

1. General Provisions
1.1 These Terms define the rules and conditions under which MINKBY (“Studio,” “We,” “Us,” “Our”) provides services to both consumers and businesses (“Client,” “You,” “Your”). By using MINKBY’s services, You agree to all the provisions of these Terms.

1.2 MINKBY is a studio offering:

• AI-driven graphic design services (e.g., logos, branding, marketing materials).
• Development services (front-end, back-end, integrations with third-party solutions).
• Consulting and training concerning AI technology implementation or design workflows.

1.3 Governing Law
These Terms are governed by Polish law, including, in particular, the Civil Code (Kodeks cywilny), the Consumer Rights Act (ustawa o prawach konsumenta), and any other applicable legislation. Any disputes shall be resolved by the competent courts under Polish law.

2. Scope of Services and Conclusion of Agreement
2.1 Service Scope
AI Graphic Design: creation of visual materials (logos, branding, illustrations) using AI-powered solutions.
Development: implementation of systems, applications, front-end/back-end solutions, automation, and integration with third-party services.
Consulting and training: advisory on AI technology selection, auditing of graphic or programming solutions, educational workshops.

2.2 Mode of Contract Conclusion
A contract may be formed by:

• The Client’s acceptance of an offer (contract, quote, purchase order) provided by the Studio.
• Placing a service order (online / by email / by phone) and the Studio’s confirmation of acceptance.

Once the contract is concluded, these Terms become an integral part thereof.

2.3 Specific Conditions
Any specific conditions such as the project timeline, project scope, or additional clauses may be agreed in a separate offer or contractual document (e.g., Project Brief, Agreement). In the event of any conflict, these Terms continue to apply unless explicitly overridden in writing.

3. Client Obligations
3.1 Collaboration
The Client shall provide materials, information, and feedback on time as needed for service execution. Delays in providing data or decisions may result in changed timelines or additional costs.

3.2 Copyright / Ownership of Materials
The Client represents that all content (text, graphics, etc.) submitted to MINKBY for project purposes does not infringe upon third-party rights and complies with applicable law.

4. Payment Terms
4.1 Quotation and Currency
Prices are expressed in Polish złoty (PLN) unless otherwise agreed. Each offer or contract specifies the final amount or the basis for determining variable costs (e.g., hourly rates).

4.2 Invoices and Payment Deadlines
Invoices are issued upon determining the final fee (e.g., after quote acceptance) or after completing project stages. The standard payment term is 14 days from the invoice date unless otherwise stated.

4.3 Late Payment
If payment is not made by the due date, the Studio may:

• Charge statutory interest for delayed payment in accordance with Polish law.
• Suspend further work until the overdue amount is settled.

4.4 Taxes and VAT
All amounts, unless clearly indicated otherwise, are net amounts. If applicable, VAT is added at the rate prescribed by Polish law.

5. Refunds, Cancellations, and Right of Withdrawal
5.1 Consumer Right of Withdrawal
In accordance with the Consumer Rights Act (ustawa o prawach konsumenta), a consumer (a natural person performing a legal act not directly related to their business or professional activity) has the right to withdraw from a distance contract within 14 days, unless an exception applies (e.g., the service has been fully performed before the withdrawal deadline with the consumer’s prior express consent).

5.2 Cancellation Before Starting Work
If the Client cancels before any actual work has commenced, a full or partial refund may be issued, taking into account the Studio’s costs (e.g., initial analyses, materials).

5.3 No Refund After Project Completion
Once a project (e.g., graphic files, code) has been completed and delivered, no refund is available, unless the Studio has failed to remedy significant defects after having been duly notified.

6. Intellectual Property and Licensing
6.1 Transfer of Rights
Upon full payment for the project, the Studio transfers to the Client the right to use the deliverables to the extent specified in the contract or offer. Unless stated otherwise, the Studio reserves the right to include the delivered work in its portfolio (professional self-promotion, marketing).

6.2 Use of AI
The Studio creates projects using AI tools, which may imply certain licensing limitations (e.g., content generation based on third-party models). The Studio exercises due care to avoid copyright infringement but is not liable for any claims regarding unforeseen issues in AI data sets unless caused by its gross negligence.

7. Liability and Warranties
7.1 Warranty of Due Diligence
The Studio agrees to perform its services with due care and in accordance with the arrangements made. However, it does not guarantee that AI project outcomes will be 100% error-free or that they will meet all possible Client use cases.

7.2 Limited Liability
To the maximum extent permitted by Polish law, the Studio’s liability for damages suffered by the Client is limited to the total fee the Studio received for that specific project. This limitation does not apply where consumer protection rules or tort liability regulations stipulate otherwise.

7.3 Consumer Rights
These Terms do not limit the consumer’s rights under Polish law. If any provision is deemed contradictory to mandatory consumer protection rules, the relevant provisions of generally applicable law will apply instead of that provision.

8. Contract Termination
8.1 Termination by the Client
The Client may terminate the contract with immediate effect if the Studio materially breaches these Terms and fails to remedy the breach within 14 days of receipt of written notice specifying the breach. The Client is obliged to pay for services performed prior to termination.

8.2 Termination by the Studio
The Studio may terminate the contract with immediate effect if:

• The Client is in arrears with payments for more than 14 days past the invoice due date.
• The Client significantly breaches these Terms or any other agreed conditions (in writing).

9. Disputes and Proceedings
9.1 Amicable Dispute Resolution
We strive to resolve any disputes amicably through negotiation or mediation. Consumers have the right to seek assistance from local or municipal consumer ombudsmen or other institutions authorized for out-of-court consumer dispute resolution.

9.2 Competent Court
In the absence of a settlement, disputes shall be resolved by the competent common court in the Republic of Poland. For consumers, the general rules of local jurisdiction set out in applicable legislation apply.

10. Final Provisions
10.1 Changes to the Terms
The Studio reserves the right to amend these Terms for valid reasons (e.g., legal changes, modifications in service delivery). Clients will be informed of changes sufficiently in advance. In the case of continuous services, a consumer may terminate the agreement if they do not accept the updated Terms.

10.2 Severability
If any provision of these Terms is found invalid, the remaining provisions remain in effect and bind the parties.

10.3 Contact
For any inquiries regarding these Terms or the services of MINKBY, please contact us at [Your email address], by phone at [Your phone number], or by mail at the Studio’s registered address.

I declare that I have read and accept these Terms of Service and agree to be bound by them when using MINKBY’s services.

MINKBY
Dworna 46A, Kraków
VAT ID (NIP): 6772518906
Email: jansteczko@minkby.com