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Terms and Conditions
CHAPTER 1. GENERAL PROVISIONS
§1. Definitions
Terms and Conditions – a document defining the rules for using the Service and the rights and obligations of the Parties.
Service – the online store eTurbo available at www.eturbo.app, enabling the purchase of subscriptions for access to services based on artificial intelligence.
Seller / Service Provider – Piotr Machowicz, conducting business under the name eTurbo, located in Wałbrzych, Poselska 5/7, VAT ID: 8863860503, email: kontakt@eturbo.app.
User – an individual who has reached the age of 16, or an entrepreneur, using the services of the Service under the Terms and Conditions.
Digital Services – access to predefined AI bots based on Google, Meta, and OpenAI technologies, offered as part of the subscription.
Subscription – monthly access to Digital Services, automatically renewed unless the User cancels it before the end of the billing period.
Payment System – a system facilitating payments through Stripe.
WooCommerce – the e-commerce platform that supports the operation of the Service.Terms and Conditions – a document defining the rules for using the Service and the rights and obligations of the Parties.
§2. Scope and Nature of Services
The services available in the Service are developmental and experimental, which means that they may be subject to changes, updates, and periodic tests that can affect their functionality.
Purchasing a subscription provides access to predefined AI bots, based on technologies provided by Google, Meta, and OpenAI.
The Seller reserves the right to modify the features and scope of the Digital Services for optimization or development purposes.
The availability of Digital Services may change, and periodic technical interruptions or failures may affect system stability.
CHAPTER 2. TERMS OF USE OF THE SERVICE
§1 Registration and User Account
- Using the Service does not require creating an account, however, some functionalities (e.g., Subscription, access to Courses, Presets, and other Digital Services) may require the User to register and log in.
- Registration in the Service is voluntary and free of charge.
- The User registers by filling out a registration form, providing necessary information, including an email address, and accepting the Terms and Conditions.
- After registration, the User receives an activation link at the provided email address. Clicking on the link completes the registration process and activates the User’s Account.
- The User is obliged to keep their login information confidential and not share it with third parties.
- The Service Provider is not responsible for consequences arising from unauthorized access to the User’s Account if it occurred due to the User’s negligence in fulfilling their security obligations.
§2. Rules of Using the Service
- The User agrees to use the Service in a manner consistent with the law, the Terms and Conditions, and good manners.
- It is prohibited for the User to provide content that is unlawful, including:
- infringing on the personal rights of others,
- promoting violence, hatred, or discrimination,
- containing pornographic or offensive content,
- violating the intellectual property rights of third parties.
- Using generative AI bots within the Service’s Digital Services carries the full responsibility of the User for the generated content. The User agrees to:
- not use AI bots to generate content that is unlawful, offensive, misleading, or violates the privacy of third parties,
- independently assess the correctness and reliability of the generated content before its further use,
- not attribute to the Service Provider any liability for consequences arising from the use of content generated by AI bots.
- The Service Provider is not liable for content generated by Users using AI bots, including any legal consequences of their use.
- The Service Provider may temporarily or permanently block access to the User’s Account if the User violates the Terms and Conditions or legal regulations.
- The User is not entitled to undertake actions that may disrupt the functioning of the Service, including attempts at unauthorized access to the system, interference with the operation of AI bots, or using the Service in a manner inconsistent with its purpose.
§2. Rules of Using the Service
- The User agrees to use the Service in a manner consistent with the law, the Terms and Conditions, and good manners.
- It is prohibited for the User to provide content that is unlawful, including:
- infringing on the personal rights of others,
- promoting violence, hatred, or discrimination,
- containing pornographic or offensive content,
- violating the intellectual property rights of third parties.
- Using generative AI bots within the Service’s Digital Services carries the full responsibility of the User for the generated content. The User agrees to:
- not use AI bots to generate content that is unlawful, offensive, misleading, or violates the privacy of third parties,
- independently assess the correctness and reliability of the generated content before its further use,
- not attribute to the Service Provider any liability for consequences arising from the use of content generated by AI bots.
- The Service Provider is not liable for content generated by Users using AI bots, including any legal consequences of their use.
- The Service Provider may temporarily or permanently block access to the User’s Account if the User violates the Terms and Conditions or legal regulations.
- The User is not entitled to undertake actions that may disrupt the functioning of the Service, including attempts at unauthorized access to the system, interference with the operation of AI bots, or using the Service in a manner inconsistent with its purpose.
§3. Payments and Subscription
- The User may purchase a Subscription for Digital Services available in the Service.
- The Subscription automatically renews for another month unless the User cancels it before the end of the current billing period.
- Payments are made exclusively through the Stripe system.
- The Service Provider is not responsible for errors in the payment process resulting from the actions or omissions of the payment service provider or the User’s bank.
- If the charge fails to be processed from the specified payment method, the Subscription is automatically suspended until payment is successfully made.
§4. Limitations on the Use of Services
The Service Provider reserves the right to temporarily restrict access to Digital Services in the following cases:
- the need to perform maintenance work,
- system updates,
- technical failures,
- situations beyond the Service Provider’s control, e.g., problems on the side of AI technology providers.
In the event of a break in the availability of Digital Services lasting longer than 48 hours, the User is entitled to compensation calculated as:
(Subscription amount) ÷ (number of days in the given month) × (number of days of unavailability beyond 48 hours).
Refunds for compensation are made in the same form of payment that the User used during the purchase of the Subscription.
§5. Newsletter
- The User may voluntarily subscribe to the newsletter by providing their email address in the appropriate form on the Service’s website.
- Subscribing to the newsletter constitutes consent to receive commercial information, including promotional offers and news about the Service’s activities, at the provided email address.
- The User may unsubscribe from the newsletter at any time by clicking on the unsubscribe link found in every email message or by contacting the Seller at kontakt@eturbo.app.
- The Service Provider commits to not sharing Users’ email addresses with third parties without their consent, in accordance with applicable personal data protection regulations.
CHAPTER 3. CONTRACT FORMATION AND ORDER FULFILLMENT
§1. Contract Formation
- A contract between the Service Provider and the User is concluded at the moment the Order is successfully placed and payment for the Digital Services is made.
- Orders in the Service can be placed 24 hours a day, 7 days a week.
- After making the payment, the User receives a purchase confirmation at the provided email address.
- The contract is concluded for a fixed term, in accordance with the period of the purchased Subscription.
- The Service Provider is not responsible for delays resulting from problems on the side of the payment operator or internet service providers.
§2. Orders and Subscription
- Orders for Digital Services can only be placed through the Service.
- Purchasing a Subscription provides the User with access to specific features of AI bots and other Digital Services for a monthly billing period.
- The Subscription automatically renews for another month unless the User cancels it before the end of the current billing period.
- The fee for the Subscription is charged in advance for the entire billing period.
- If the fee cannot be charged, the Subscription is suspended until payment is successfully made.
- In case of technical problems independent of the Service Provider (e.g., failures of Google, Meta, OpenAI), the Service Provider is not responsible for the temporary unavailability of Digital Services.
§3. Payments
- All payments in the Service are made through the Stripe system.
- Prices of Products and Digital Services listed in the Service are gross prices (including all mandatory taxes).
- The final amount payable, including any taxes, will be determined at the order finalization stage, in accordance with the laws of the European Union and the Republic of Poland.
- For sales to individual consumers in European Union countries, VAT will be added in accordance with the regulations on the sale of digital services (MOSS – Mini One Stop Shop).
- The Subscription price at the time of placing the Order is binding for both parties.
- The Service Provider is not responsible for payment errors resulting from technical problems of the payment service provider or the User’s bank.
- The User agrees to charge the indicated payment method as part of recurring Subscription fees.
§4. Limitations of Availability and Compensation
The Service Provider reserves the right to temporarily limit the availability of Digital Services in the event of:
- maintenance work,
- software updates,
- technical failures,
- problems on the side of AI technology providers (Google, Meta, OpenAI).
In the event of an interruption in access to Digital Services lasting longer than 48 hours, the User is entitled to compensation calculated as:
(Subscription amount) ÷ (number of days in the given month) × (number of days of unavailability beyond 48 hours).
The refund for the compensation will be made to the same payment method that the User used during the purchase of the Subscription.
§5. Withdrawal from the Agreement
- Due to the fact that the offered products are Digital Services, to which the User gains immediate access after purchase, the right to withdraw from the contract does not apply, in accordance with Article 38, point 13 of the Consumer Rights Act.
- By accepting the Terms and Conditions and making a purchase, the User agrees to the immediate commencement of the provision of Digital Services and thereby waives the right to withdraw from the contract.
CHAPTER 4. RIGHTS AND OBLIGATIONS OF THE PARTIES
§1. Rights and Obligations of the User
- The User has the right to submit a complaint regarding the operation of the Service or Digital Services.
- Complaints can be submitted electronically to the email address: kontakt@eturbo.app.
- The complaint should include:
- the User’s name or company name,
- email address associated with the Service account,
- description of the problem,
- expected resolution of the complaint.
- The Service Provider will consider the complaint within 14 business days from the date of its receipt.
- In the case of a justified complaint, the Service Provider will undertake corrective actions or, if that is not possible, may offer compensation.
CHAPTER 5. COMPLAINTS AND LIABILITY
§1. Complaint Submission Rules
- Users have the right to file complaints regarding the operation of the Service or the Digital Services.
- Complaints can be submitted electronically to the email address: kontakt@eturbo.app.
- A complaint should include:
- User’s name or company name,
- email address associated with the Service account,
- description of the problem,
- expected resolution of the complaint.
- The Service Provider will review the complaint within 14 business days from the date of its receipt.
- In case of a justified complaint, the Service Provider will undertake corrective actions or, if impossible, may offer compensation.
§2. Service Provider Liability
- The Service Provider commits to providing Digital Services with due care, but does not guarantee their full, uninterrupted availability.
- The Service Provider is not liable for:
- content generated by Users using AI bots,
- damages resulting from the improper use of Digital Services by the User,
- errors and interruptions in the operation of the Service due to causes beyond the Service Provider’s control, including failures of Google, Meta, OpenAI systems.
- If the Digital Services are interrupted for more than 48 hours, the User is entitled to compensation according to the rules specified in Chapter 3 §4.
§3. User Liability
- The User bears full responsibility for their use of the Service and the content generated using AI bots.
- If the User violates the law or uses the Digital Services in a manner inconsistent with the Terms, the Service Provider has the right to block access to the Digital Service.
- The User agrees not to undertake actions that could disrupt the functioning of the Service, including:
- attempts at unauthorized access to the Service systems,
- interference with the operation of AI bots in an unintended manner,
- using the Service to generate unlawful content.
§4. Liability for Defects or Non-Conformity
- Liability for warranty defects in Digital Services is excluded in legal relationships with Users who are neither Consumers nor privileged Entrepreneurs under consumer rights.
- The Seller is liable to the Consumer or privileged Entrepreneur under consumer rights for non-conformity of Digital Services with the contract, under the principles derived from the Act of May 30, 2014, on consumer rights, especially if: a) their description, quality, functionality, compatibility, and other features comply with the contract and the Seller’s public assurances, b) they are suitable for the purposes for which such digital services are typically used, c) they are provided in the current version as declared by the Seller, d) they are delivered according to the agreed method and in a timely manner, e) they enable interaction and cooperation as foreseen in the contract.
- The Seller is not responsible for non-conformity of Digital Services with the contract if the Consumer or privileged Entrepreneur was informed of the non-conformity at the latest upon contract conclusion and expressly accepted it.
- The Seller is responsible for non-conformity of Digital Services that existed at the time of delivery and became apparent within two years from that moment unless the contract specifies a longer warranty period.
- It is assumed that non-conformity with the contract that manifests within 12 months from the delivery of Digital Services existed at the time of delivery.
Consumer Rights and Privileged Entrepreneur Rights in case of Non-Conformity:
- Consumers may demand that Digital Services be brought into conformity with the contract free of charge and within a reasonable time.
- The Seller may refuse to bring the Digital Services into conformity if it is impossible or would require excessive costs.
- The Consumer or privileged Entrepreneur can submit a statement to reduce the price or withdraw from the contract if: a) The Seller refused to bring the Digital Services into conformity, b) The Digital Services remain non-conformant despite attempts to adjust them, c) The non-conformity is significant enough to justify immediate withdrawal from the contract, d) From the declaration or actions of the Seller, it is evident that they will not bring the Digital Services into conformity within a reasonable time.
- In case of a price reduction, the Seller must return the price difference immediately, no later than within 14 days.
- In case of withdrawal from the contract, the Seller must refund the full purchase price within 14 days from receiving the declaration of withdrawal.
- The refund will be processed using the same payment method used by the Consumer unless the Consumer agrees to a different method without any additional costs.
- The Consumer cannot withdraw from the contract if the non-conformity of Digital Services is insignificant, although it is assumed to be significant until proven otherwise by the Seller.
§5. Withdrawal from the Agreement
- Due to the fact that the offered products are Digital Services, to which the User gains immediate access after purchase, the right to withdraw from the contract does not apply, in accordance with Article 38, point 13 of the Consumer Rights Act.
- By accepting the Terms and Conditions and making a purchase, the User agrees to the immediate commencement of the provision of Digital Services and thereby waives the right to withdraw from the contract.
CHAPTER 6. FINAL PROVISIONS
§1. Changes to the Terms and Conditions
- The Service Provider reserves the right to change the Terms and Conditions at any time, especially in case of:
- changes in legal regulations,
- introduction of new functionalities to the Service,
- necessity to improve the security of Users or the Service,
- adaptation of the Terms to technological changes.
- Changes to the Terms and Conditions take effect upon their publication on the Service, unless a different effective date is specified within the Terms.
- Continued use of the Service after changes have been introduced indicates acceptance of these changes by the User.
- If the User does not accept the changes, they may discontinue using the Service.
§2. Copyrights and Intellectual Property
- All content available on the Service, including Digital Services, Courses, Presets, educational materials, and content generated by AI bots, is legally protected under the Act of February 4, 1994, on copyright and related rights.
- The User acquires a limited, non-exclusive, and non-transferable license to use the Digital Services for personal use only, under the conditions specified in the Terms and Conditions.
- Prohibited actions include:
- copying, modifying, distributing, and sharing the Service’s content with third parties,
- reselling or sublicensing the Digital Services,
- using content generated by AI bots in a manner that infringes third-party rights.
- The Service Provider reserves the right to pursue claims against Users who violate copyright and license terms.
§3. Severability Clause
- For matters not regulated in the Terms and Conditions, Polish law applies, including the Civil Code and the Act on Consumer Rights.
- All disputes arising from the use of the Service will be resolved by the court competent for the headquarters of the Service Provider, unless mandatory provisions of the law provide otherwise.
§4. Applicable Law and Dispute Resolution
- For matters not regulated in the Terms and Conditions, Polish law applies, including the Civil Code and the Act on Consumer Rights.
- All disputes arising from the use of the Service will be resolved by the court competent for the headquarters of the Service Provider, unless mandatory provisions of the law provide otherwise.
Contacting the Service Provider
- Users can contact the Service Provider via:
- email: kontakt@eturbo.app,
- a contact form available on the Service.
§5. Personal Data Protection
- The personal data administrator is Piotr Machowicz, conducting business under the name eTurbo, located in Wałbrzych, Poselska 5/7, VAT ID: 8863860503, email: kontakt@eturbo.app.
- Users’ personal data are processed in accordance with:
- Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR),
- The Act of May 10, 2018, on personal data protection.
- Purposes for processing personal data include:
- fulfillment of the contract and provision of Digital Services,
- handling the payment and invoicing process,
- addressing complaints and reports from Users,
- sending commercial information (if subscribed to the newsletter),
- fulfilling legal obligations of the Service Provider.
- Users’ rights regarding personal data processing include:
- access to their data, rectification, erasure, or limitation of processing,
- objection to data processing,
- data portability,
- lodging a complaint with the President of the Personal Data Protection Office (PUODO).
- Data retention period:
- Personal data are stored for the period necessary to achieve the purposes listed in paragraph 3, but no longer than required by laws on the retention of accounting and tax documentation.
- Providing personal data is voluntary but necessary for using the Digital Services available on the Service.
- Detailed rules for processing personal data are specified in the Privacy Policy, available at: www.eturbo.app/terms.
§6. Effective Date of the Terms and Conditions
- These Terms and Conditions come into effect on March 20, 2025, upon their publication on the Service.