Terms of Service

These Terms of Service ("Terms") govern your access to and use of Createen (the "Service"), operated by Dawid Zbiński, ul. gen. Władysława Sikorskiego 15/15, 34-400 Nowy Targ, Poland (NIP 7352921429, REGON 528114982) ("we", "us", "our"). By creating an account or otherwise using the Service, you agree to be bound by these Terms.

These Terms incorporate our Privacy Policy, our Data Processing Agreement (DPA), and the withdrawal-form template at the end of this page. Where a separate agreement covers a specific topic (e.g. the DPA for the processing of personal data), that agreement prevails on its subject.

1. Acceptance of the Terms

By accessing or using the Service, you confirm that you have read, understood and accept these Terms, our Privacy Policy and our DPA. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

The Service is built for business and professional use. If you use it as a Consumer (a natural person acting for purposes outside their trade, business, craft or profession), the consumer-specific provisions of these Terms apply to you — in particular section 12 (right of withdrawal) and the consumer parts of sections 13 and 14. Nothing in these Terms limits mandatory consumer-protection rights that cannot be excluded by applicable law. Business users confirm on registration that they are not acting as a Consumer.

2. Definitions

• Service — the Createen software-as-a-service application and related functionality.
• Website — our marketing site; App — the product application.
• Account — your personal access credentials to the Service.
• Workspace — the organization that owns data in the Service; Workspace member / role — a person you invite and the access you grant them.
• User — anyone who uses the Service; Client — a business user.
• Consumer — a natural person using the Service outside their trade, business, craft or profession.
• Subscription — a paid plan for access to the Service.
• Business Day — a weekday that is not a public holiday in Poland.
• Illegal Content — content that is itself unlawful, or whose use is unlawful, under European Union or Polish law.
• GDPR — Regulation (EU) 2016/679; DPA — our Data Processing Agreement.

3. Description of the Service

Createen is software provided in a SaaS model — a workspace for content creators and agencies. It lets you manage clients, projects and tasks, upload and review media, handle uploaded invoices and record payments, schedule content, keep a communication (CRM) history, and use related features. We may add, change or remove features over time. The Service is provided on an ongoing basis and we may issue updates, improvements or modifications at any time. Where the App and the Website differ, the Website's descriptions are authoritative.

4. Accounts and eligibility

Most features require an account. You agree to provide accurate, complete and current information and to keep it up to date. We verify your email address, and some functions may remain limited until it is verified.

You are responsible for safeguarding your credentials and for all activity under your account; enable two-factor authentication where available. Notify us at support@createen.pl without delay of any unauthorized use. You may invite workspace members and grant them roles that give defined access to your workspace; you are responsible for their use of the Service as for your own and for ensuring they comply with these Terms.

You must be at least 16 (or the age of digital consent in your jurisdiction) and able to enter into a binding contract. The Service is intended for business and professional use and is not directed to children.

5. Technical requirements and account security

To use the Service you need a compatible device, internet access, and a current, supported web browser; you must keep your software up to date. Data-transfer costs are yours. The Service uses cookies and local storage required to operate and secure it (see our Privacy Policy and Cookie Policy).

We use HTTPS to protect data in transit. You should use a strong, unique password, change it if it may be compromised, keep antivirus / anti-malware software current, avoid using the Service on unsecured or public devices, and not follow suspicious links. Report any suspected security incident or unauthorized access to support@createen.pl immediately.

6. Acceptable use

You agree that you will not (and will not allow anyone else to):

• use the Service in violation of any applicable law or regulation;
• upload, store or transmit Illegal Content, or content that infringes rights, is defamatory or otherwise violates the rights of third parties;
• attempt to gain unauthorized access to the Service, other accounts, or our systems and networks;
• disrupt the integrity or operation of the Service, including via malware or excessive automated requests;
• reverse-engineer, decompile or attempt to obtain the source code of the Service, except where permitted by law;
• resell, sublicense or otherwise commercially exploit the Service without our prior written consent.

We may suspend or limit access if we reasonably believe your use breaches these Terms or risks harm to the Service or others.

7. Illegal content — reporting and action

You may not store, publish or transmit Illegal Content via the Service, including via any public reviewer links or public media-upload links you create.

Anyone may report suspected Illegal Content to support@createen.pl, which is our single point of contact for these matters (in Polish or English). A report should include: a justified explanation of why the content is considered illegal; the exact electronic location of the content (URL / link); the reporter's name and contact details (except for reports concerning child-sexual-abuse-type offences); and a good-faith statement that the information in the report is accurate and complete.

We acknowledge receipt and handle reports in a timely, diligent, non-arbitrary and objective manner, giving priority to reports from trusted flaggers. We notify the reporter and the affected user of our decision and the reasons for it, with information on the redress available.

Where we identify Illegal Content or a breach of these Terms we may, as appropriate: restrict the visibility of the content, remove it, suspend or limit the Service, or suspend or close the account. We inform the affected user of the measure and its reasons (where contact data exist), except where notification would obstruct the prevention or detection of a serious crime. We notify the competent authorities where we suspect a serious criminal offence threatening the life or safety of any person.

support@createen.pl is also our single point of contact for authorities and for users on illegal-content matters. We have no general obligation to monitor stored content, but may check it voluntarily; carrying out such checks on our own initiative does not, by itself, deprive us of the liability exemptions available for hosted content.

8. User content and intellectual property

You retain all ownership rights in the content you upload, create or store within the Service ("User Content"). We claim no ownership of your User Content. You grant us a limited, worldwide, non-exclusive license to host, store, process, transmit and display your User Content solely as needed to provide the Service (including via the processors described in our Privacy Policy and DPA).

You are solely responsible for your User Content and represent that you hold all rights necessary to upload and use it within the Service. The Service itself, including its software, design, brand and all related intellectual property, remains the exclusive property of Dawid Zbiński and its licensors.

9. License to use the Service

Subject to these Terms and your subscription, we grant you a non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own business or personal use during the term of the contract, including the updates we release. You may not: use or copy the Service beyond these Terms; translate, modify, decompile or reverse-engineer it (except where mandatory law allows); sublicense it or make it available to third parties without our consent; or access its source code.

The Service is software and may contain defects; this is not in itself a breach of the license. We will use reasonable efforts to correct significant defects reported during the term through patches or new versions, except defects caused by you or by an incompatible environment. Beyond this we give no implied warranties, including of merchantability or fitness for a particular purpose — see section 15.

10. Service updates and availability

We provide the Service with due care and aim for continuous availability, subject to planned maintenance, which we schedule to minimize disruption and announce within the Service where practicable. Updates — including those that reflect changes in the law — are included in your subscription, and we decide their scope. We announce significant changes within the Service or on the Website. You must review in-app guidance and verify any documents or outputs you rely on after an update.

11. Fees and subscriptions

Paid plans may not all be available yet. The following terms apply to paid plans where and when offered. Prices, billing cycles and the scope of each plan are shown at the time of purchase and may change from time to time.

Some features may require a paid subscription. Subscriptions are billed in advance for the whole billing period selected (periods are indivisible). Prices are those in the price list current at purchase; where a price is stated net, applicable VAT is added. A payment is effective when the funds are credited to our account. We issue a VAT invoice electronically within 14 days, and you consent to electronic invoicing.

You may upgrade your plan mid-period (paying the pro-rata difference for the remainder of the period) or switch to a lower plan from the next period, provided your data fits within the lower plan's limits. Plan changes do not extend the current billing period. Except where mandatory consumer law requires (see sections 12 and 13) or where stated otherwise, fees are non-refundable. You are responsible for any applicable taxes. We may change the price list at any time; such changes do not affect periods already paid for and do not constitute a change to these Terms (see section 18).

12. Consumer right of withdrawal

If you are a Consumer, you may withdraw from the contract within 14 days of its conclusion, without giving any reason, by an unambiguous statement sent to support@createen.pl (you may use the withdrawal-form template at the end of these Terms, though you are not required to). We confirm receipt and refund all payments received from you within 14 days, using the same payment method you used, unless you agree otherwise.

If you expressly requested that provision of the Service begin before the 14-day period ends and we began with your consent, you owe an amount proportional to what was provided up to the moment of withdrawal. You lose the right of withdrawal for a digital service that has been fully performed where you gave prior express consent and acknowledged that you would lose that right. Withdrawal results in deletion of your account.

13. Term, suspension and termination

The contract is concluded for an indefinite term.

You may stop using the Service and close your account at any time (account deletion). For paid plans, closing mid-period forfeits the unused portion, except that a Consumer is refunded the pro-rata unused amount (remaining days × the daily rate).

We may terminate the contract for convenience with 30 days' notice (effective at the end of the month) by email or in writing. For a Consumer, we terminate only for a valid reason: discontinuation of the Service, changes in the law affecting rights or obligations, or a relevant change in case-law interpretation.

We may suspend or terminate the contract with immediate effect for: a material breach of these Terms; Illegal Content; false registration data; attempts at unauthorized access to our systems; or a breach of the license. We notify you of the measure and its reasons by email or in writing (a Consumer receives a prior warning, except in cases of Illegal Content). A suspension lasting more than 30 days entitles you to terminate; a suspension does not extend paid periods.

On termination, your right to use the Service ends. Where feasible, we make your User Content available for export for a reasonable period, after which it may be deleted in accordance with the retention rules in our Privacy Policy. You accept that deletion of your account entails loss of stored data. Provisions that by their nature should survive (intellectual property, disclaimers, limitation of liability and confidentiality) remain in force.

14. Complaints and dispute resolution

You may file a complaint by email to support@createen.pl. A complaint should describe the facts complained of, identify you, and state the remedy you request with a justification. Please first check that the issue is not outside our responsibility (for example, your own internet connectivity).

We respond within 14 days of receiving a properly submitted complaint, electronically to your email address. If a complaint is incomplete, we will ask you to complete it, and the response period runs from completion.

If you are a Consumer and we do not respond within 14 days, the complaint is deemed accepted. A Consumer may also use out-of-court redress, including the European Commission's online dispute resolution (ODR) platform at ec.europa.eu/consumers/odr and the competent consumer-protection authority.

15. Disclaimers (warranties)

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free or secure, or that any automated feature (such as AI-assisted reading of fields from invoices) will be accurate. You are responsible for checking and verifying any automatically generated output before relying on it. Nothing in these Terms limits any rights you have as a Consumer that cannot be excluded under applicable law.

16. Limitation of liability

To the maximum extent permitted by law, Dawid Zbiński shall not be liable for any indirect, incidental, special or consequential damages, or for lost profits, revenue, data or goodwill, arising out of the use of (or inability to use) the Service. Our aggregate liability shall not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) EUR 100 (one hundred euro). The above limitations do not exclude or limit liability that cannot be excluded or limited under applicable law (including mandatory consumer rights and liability for intentional fault).

17. Personal data

We process personal data in accordance with our Privacy Policy and the GDPR; by registering you acknowledge the Privacy Policy. Where you entrust us, through the Service, with personal data of third parties, that processing is governed by our Data Processing Agreement (DPA), which forms an integral part of these Terms and is concluded upon conclusion of the contract.

18. Changes to the Terms

We may change these Terms for a valid reason, such as: technical, organizational or economic necessity; changes to the structure, content or features of the Service; information-security needs; changes in the law or its interpretation, or regulatory requirements; the correction of errors; or a change of our processors.

We announce changes at least 14 days before they take effect (within the Service, on the Website, or by email). Continuing to use the Service after the effective date constitutes acceptance. Before the effective date, you may terminate the contract by notice to support@createen.pl or in writing, effective on the change date; a Consumer who terminates is refunded the pro-rata unused amount, while a business user who terminates forfeits the unused portion. Changes that only add optional features, or that follow from changes in the law, do not give rise to a termination right. Price-list changes (see section 11) are not changes to these Terms.

19. Confidentiality

Each party may receive the other's confidential information — business, technical or organizational information with economic value, including trade secrets; in case of doubt, information is treated as confidential. Your content and personal data are additionally governed by our Privacy Policy and DPA.

Each party keeps the other's confidential information secret, uses it only to perform the contract, and will not disclose it to third parties without prior written consent, except information that: is or becomes public without a breach; is disclosed with the disclosing party's consent; or must be disclosed by law or by a competent authority (with notice to the other party where lawful). These obligations survive termination of the contract.

20. Governing law and disputes

These Terms are governed by the law of the Republic of Poland, excluding conflict-of-law rules. The court competent to resolve disputes arising from these Terms or the Service is the court competent for the seat of the entrepreneur (Nowy Targ), except where mandatory consumer law grants a Consumer the right to bring an action at their place of residence. A Consumer may also use the EU online dispute resolution platform at ec.europa.eu/consumers/odr.

21. Final provisions

• The following documents are integral parts of these Terms: the Privacy Policy, the Data Processing Agreement (DPA), the Cookie Policy, and the withdrawal-form template at the end of this page.
• The Polish-language version of these Terms is authoritative for their interpretation.
• You may not assign your rights or obligations under the contract without our prior written consent.
• If any provision is or becomes invalid, the remaining provisions stay in force, and the invalid provision is replaced by the valid provision closest in meaning.
• We communicate with you electronically at your registered contact details; you can reach us at support@createen.pl or by post at our address above. The current Terms are always available on the Website in a form you can reproduce.

22. Contact

Questions about these Terms can be directed to support@createen.pl or in writing to Dawid Zbiński, ul. gen. Władysława Sikorskiego 15/15, 34-400 Nowy Targ, Poland (NIP 7352921429, REGON 528114982).

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Appendix — Withdrawal form template (Consumers)

Complete and return this form only if you wish to withdraw from the contract.

To: Dawid Zbiński, ul. gen. Władysława Sikorskiego 15/15, 34-400 Nowy Targ, Poland — support@createen.pl

I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following service: Createen.

• Date the contract was concluded / account was created: ……………
• Name of consumer(s): ……………
• Address of consumer(s): ……………
• Account email address: ……………
• Signature of consumer(s) (only if this form is sent on paper): ……………
• Date: ……………