Terms & Conditions of the DemystifAI Service

General provisions

1. These Terms and Conditions set out the rules for using the website operated at https://tomasz.gusciora.pl/en, the rules for concluding and performing agreements for the provision of services related to training, consulting, automation, implementations and other services in the field of artificial intelligence, as well as the rules for the sale of digital products through the Website.
2. The owner and administrator of the Website is Tomasz Guściora conducting business activity under the name DemystifAI Tomasz Guściora, registered in the Central Register and Information on Business Activity (CEIDG), with its registered office at Górczewska 90A/38 st, 01-117 Warsaw, Poland, tax ID: PL5222887609, REGON: 142537402, hereinafter referred to as the "Service Provider".
3. Contact with the Service Provider is possible via e-mail: [email protected], telephone: +48 508 830 667, and the contact form available on the Website.
4. The Terms and Conditions are made available free of charge on the Website in a manner that enables them to be downloaded, recorded, reproduced and printed.
5. Use of the Website, the placement of an order or the conclusion of an agreement with the Service Provider constitutes acceptance of the Terms and Conditions to the extent relevant to the given action.
6. The Terms and Conditions are addressed to both Consumers and Entrepreneurs, unless a specific provision expressly states otherwise.

Definitions

1. Website - the online service operated by the Service Provider at https://tomasz.gusciora.pl/en.
2. Service Provider - Tomasz Guściora conducting business activity under the name DemystifAI Tomasz Guściora.
3. Customer - a natural person, legal person or organizational unit without legal personality, who uses the Website, places an order or concludes an agreement with the Service Provider.
4. Consumer - a natural person performing a legal transaction with the Service Provider not directly related to their business or professional activity.
5. Entrepreneur - a natural person, legal person or organizational unit conducting business or professional activity on their own behalf.
6. Digital Product - digital content or material delivered in electronic form, in particular an e-book, guide, recording, template, checklist, training material, promptbook, documentation or other file made available to the Customer online.
7. Service - a service provided by the Service Provider, in particular a consultation, audit, training, workshop, mentoring, configuration of AI tools, implementation of automation, preparation of materials or other performance agreed with the Customer.
8. Order - the Customer's declaration aimed at concluding an agreement for the sale of a Digital Product or an agreement for the provision of a Service.
9. Agreement - an agreement concluded between the Customer and the Service Provider, including an agreement for the sale of a Digital Product or an agreement for the provision of a Service.

Purchase of digital products and placing orders

Placing orders

1. The Customer may place orders for Digital Products or Services available on the Website twenty-four hours a day, seven days a week, subject to technical breaks or limitations resulting from the operation of third-party providers.
2. The order placement process may include: selecting a Digital Product or Service, reviewing the offer description and price, providing the data necessary to process the order, choosing the payment method, accepting the Terms and Conditions and confirming the order.
3. In the case of an Entrepreneur, the Customer should provide the data necessary to issue an invoice, in particular the company name, address and tax ID.
4. The Agreement is concluded upon confirmation of acceptance of the order by the Service Provider, unless the offer description or individual arrangements between the parties indicate a different moment of conclusion of the Agreement.
5. The Service Provider may refuse to process an order if the data provided by the Customer is incomplete or untrue, the order infringes the Terms and Conditions, or there is a reasonable suspicion of abuse.

Prices and payments

1. The prices of Digital Products and Services are provided on the Website or in an individual offer sent to the Customer.
2. The price is binding at the moment the order is placed or the individual offer is accepted by the Customer. Changes in prices, promotions or the scope of the offer do not affect agreements concluded before such changes are introduced.
3. Payments may be made by bank transfer, online payment or another method indicated by the Service Provider. Payment card details, if used, are processed by the payment operator and not by the Service Provider.
4. Unless the parties agree otherwise, the Customer should make payment within the deadline indicated on the Website, in the pro forma invoice, in the order confirmation or in the individual offer.
5. The Service Provider issues sales documents in accordance with applicable provisions of law.

Delivery of digital products and performance of services

1. The Digital Product is made available to the Customer after the payment has been credited or after the Service Provider has received confirmation of payment authorization, unless the parties have agreed on a different deadline.
2. The Digital Product may be delivered in particular via a download link, e-mail message, access to an online platform, access to a cloud folder or another technical solution indicated by the Service Provider.
3. The Customer should download and secure the purchased Digital Product within the availability period of the link or access account. This period should be indicated in the message or offer description, and if not indicated, it amounts to at least 30 days from the date the product is made available.
4. Services are performed within deadlines agreed with the Customer, remotely or on-site, depending on the nature of the offer and the arrangements between the parties.
5. The Customer undertakes to cooperate with the Service Provider, in particular to provide true, complete and up-to-date information necessary for the proper performance of the Service.
6. The Service Provider shall not be liable for delays or the inability to perform the Service resulting from the Customer's lack of cooperation, the provision of incorrect data, force majeure or failures beyond the Service Provider's control.
7. In the case of advisory, training or implementation Services, the Service Provider undertakes to act with due diligence; however, it does not guarantee the achievement of any specific business, financial, technical or organizational result, unless the parties expressly agree otherwise in writing.

Right of withdrawal from the Agreement

1. A Consumer has the right to withdraw from an agreement concluded at a distance within 14 days from the date of its conclusion, unless, in accordance with applicable provisions of law, the right of withdrawal does not apply.
2. In the case of a Digital Product not delivered on a tangible medium, the Consumer loses the right to withdraw from the agreement if performance has commenced with the Consumer's express consent before the expiry of the withdrawal period and after the Consumer has been informed of the loss of this right.
3. In the case of Services, the Consumer loses the right to withdraw from the agreement if the Service Provider has performed the service in full with the express consent of the Consumer, who was informed before performance commenced that, upon completion of the service, the Consumer would lose the right of withdrawal.
4. If the Consumer requested the commencement of performance of the Service before the expiry of the withdrawal period and subsequently withdrew from the agreement, the Consumer is obliged to pay for the performances rendered up to the moment of withdrawal, in proportion to the scope of the performance rendered.
5. A declaration of withdrawal from the agreement may be sent by e-mail to [email protected] or by traditional mail to the registered office address of the Service Provider.
6. In the event of effective withdrawal from the agreement, the Service Provider shall refund the payments received from the Consumer within 14 days from the date of receipt of the declaration, subject to payments due for performances rendered up to the moment of withdrawal.

Specific rules for services related to artificial intelligence

1. Services provided by the Service Provider may include analysis of the Customer's needs, training on the use of AI tools, preparation of prompts, audit of processes, implementation of automation, development of materials, technological consultations and other activities agreed with the Customer.
2. The Customer acknowledges that artificial intelligence tools may generate results that are incomplete, out of date, erroneous or that require additional human verification.
3. The Customer is responsible for independently assessing the suitability of the results of the Services for their purposes and for the decisions made on the basis of those results, unless mandatory provisions of law state otherwise.
4. The Customer undertakes not to provide the Service Provider with any data, materials or content to which the Customer does not hold the appropriate rights, or whose transfer would infringe the law, the rights of third parties, trade secrets or the Customer's contractual obligations.
5. If the performance of the Service requires the use of external tools, platforms or applications, the Customer may be required to accept the terms and conditions of those providers and to bear the costs of using them, unless the parties agree otherwise.
6. The Service Provider shall not be liable for the operation, availability, changes in functionality or decisions of third-party tool providers, including AI models, payment systems, video conferencing platforms, cloud tools and automation systems.

Copyright and license

1. Digital Products, training materials, presentations, recordings, document templates, prompts, workshop scenarios, studies, configurations and other content made available to the Customer by the Service Provider are subject to legal protection, in particular under the Act of 4 February 1994 on copyright and related rights.
2. The purchase of a Digital Product or the conclusion of an agreement for the provision of a Service does not transfer any proprietary copyrights to the Customer, unless the parties expressly agree otherwise in a separate agreement.
3. The Customer receives a non-exclusive, non-transferable license to use the materials solely for their own internal or personal use, within the scope arising from the purpose of the agreement.
4. Without the prior consent of the Service Provider, it is in particular prohibited to copy, duplicate, sell, publish, share with third parties, modify, distribute or use the materials for commercial purposes that go beyond the agreed scope.
5. Infringement of the Service Provider's rights may result in civil or criminal liability on the terms set out in the applicable provisions of law.

Complaints

1. The Customer has the right to file a complaint regarding the operation of the Website, a Digital Product or a Service.
2. Complaints may be submitted by e-mail to [email protected] or in writing to the registered office address of the Service Provider.
3. A complaint should include the Customer's identification and contact details, a description of the problem, the circumstances justifying the complaint and the expected manner of its resolution. The absence of any of these elements does not affect the validity of the complaint, provided that it can be examined.
4. The Service Provider will respond to the complaint within 14 days from the date of its receipt, unless the law provides for a deadline more favorable to the Customer.
5. The response to the complaint will be sent to the e-mail address indicated by the Customer or in another manner agreed with the Customer.
6. A Consumer may make use of out-of-court methods of complaint handling and pursuing claims, in particular the assistance of municipal or district consumer ombudsmen, the Trade Inspection (Inspekcja Handlowa), amicable consumer courts and the ODR platform.

Protection of personal data

1. The controller of the Customers' personal data is the Service Provider.
2. Personal data are processed in accordance with the applicable provisions on the protection of personal data, including the GDPR, for purposes related to the operation of the Website, the processing of orders, the performance of agreements, the handling of payments, the conduct of correspondence, the examination of complaints and the fulfilment of the legal obligations of the Service Provider.
3. Detailed information on the principles of personal data processing, the rights of data subjects, the recipients of the data and the periods of their storage are set out in the Privacy Policy available at https://tomasz.gusciora.pl/en/privacy-policy.
4. If, in the course of performing the Service, the Customer entrusts the Service Provider with the personal data of third parties, the parties should conclude a separate data processing agreement, where required by law.

Final provisions

1. In matters not regulated by the Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act of 30 May 2014 on consumer rights, the Act of 18 July 2002 on the provision of electronic services, and the Act of 4 February 1994 on copyright and related rights.
2. Disputes between the Service Provider and a Customer who is a Consumer shall be settled by the court having jurisdiction in accordance with the generally applicable provisions of law.
3. Disputes between the Service Provider and a Customer who is not a Consumer may be settled by the court having local jurisdiction over the registered office of the Service Provider, unless mandatory provisions of law state otherwise.
4. The Service Provider may amend the Terms and Conditions for important reasons, in particular in the event of changes in the law, changes in the Service Provider's data, changes in the offer, changes in the functionality of the Website, changes in the manner of providing Services or the need to clarify the provisions of the Terms and Conditions.
5. Amendments to the Terms and Conditions do not affect agreements concluded before the date on which the amendments come into force, unless the Customer agrees to the application of the new version of the Terms and Conditions.
6. The current version of the Terms and Conditions is published on the Website. The Terms and Conditions come into force on the date of their publication, unless a later effective date is indicated.