Terms of Service

Terms of Service of the website VELLAM.PL

Table of contents:

General provisions
General conditions for using the Website
Electronic Services available on VELLAM.PL
Additional reservations concerning the Vellam application
Payment terms for using the application (conclusion of the Agreement)
Contact with the Service Provider
Complaints procedure
Statutory right of withdrawal
Out-of-court dispute resolution and enforcement of claims
Provisions for Users who are not Consumers
Copyrights of the Service Provider
Technical interruptions and disruptions
Illegal Content and other content contrary to these Terms of Service
Final provisions

Thank you for visiting our website (hereinafter the "Website"). Through the Website we offer the use of our application provided under the SaaS (Software as a Service) model, intended for the analytical examination of literary manuscripts – by means of functions for inputting and automatically analysing data using AI-supported tools, aimed primarily at individual authors and small publishers (hereinafter the "Vellam application", "Vellam" or "Application").

The Vellam application is operated via an internet browser – access to the Application takes place after registration and logging in on the Website.

These Terms of Service set out the general rules and conditions for using the Website, including the Vellam application. Should you decide to use the Application, these conditions govern in particular the rules for using its functions, the payment terms, and questions relating to our liability.

We invite you to read these Terms of Service.

The vellam.pl team

1. General provisions

The owner of the Website is Aleksander Kamiński, conducting a sole proprietorship under the business name FEATHERIT – ALEKSANDER KAMIŃSKI, entered in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), address of business activity and address for service: ul. Bazyliowa 27, 71-220 Bezrzecze, Poland, tax identification number (NIP) 8542386448, statistical number (REGON) 365009515, e-mail address: info@vellam.pl (hereinafter the "Service Provider").
The Service Provider operates the Website and is solely responsible for the proper functioning of the Electronic Services, including the functions of the Vellam application, in accordance with the information presented in these Terms of Service. Alongside the Service Provider, Users also act – independent third parties vis-à-vis the Service Provider. Users may, through the Website, make use of the Electronic Services provided, including the functions of the Application, on the terms set out in these Terms of Service.
These Terms of Service are addressed to all Users of the Website unless a provision expressly states otherwise. The provisions of these Terms of Service are not intended to exclude or limit any rights of Consumers granted to them under mandatory provisions of law. In the event of any conflict between the provisions of these Terms of Service and mandatory provisions of law, those provisions shall prevail.
Terms used in these Terms of Service and beginning with a capital letter have the following meaning:

AI ACT – Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (AI Act) (OJ L, 2024/1689, 12.7.2024).
DIGITAL SERVICES ACT (DSA) – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (OJ L 277, 27.10.2022, p. 1–102).
VELLAM APPLICATION, APPLICATION – Electronic Service, software including components that, within the meaning of copyright law, do not constitute computer programs but are an integral part of the software, made available for use via an internet browser through the Website.
WORKING DAY – a day from Monday to Friday excluding public holidays (under Polish law).
ORDER FORM – Electronic Service, an interactive form available on the Website allowing the User to place an Order by specifying the terms of the Agreement, including the type and subject of the service and the method of payment.
CIVIL CODE (PCC) – the Polish Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended). References to the Civil Code in these Terms of Service always refer to the Polish Civil Code.
CONSUMER – a natural person for whom the use of the Website (including the Electronic Services) is not directly connected with their business or professional activity. In addition, from 1 January 2021, and for agreements concluded from that date, the provisions concerning Consumers also apply to a natural person for whom the use of the Website (including the Electronic Services) is connected with their business activity, where the circumstances indicate that such use does not have a professional character for that person, which arises in particular from the subject of their activity disclosed in the Polish business register (CEIDG).
ACCOUNT – Electronic Service, a collection of resources in the IT system of the Service Provider marked with an individual name (login), e-mail address and password of the User, within which, among other things, the User's content and other data attributed to the User are collected, including the User's activity history on the Website. The Account also enables access to functions of the Website for which having an Account is required.
ILLEGAL CONTENT – information which, by itself or by reference to an activity, including the sale of products or the provision of services, is not compliant with the law of the European Union or the law of a Member State consistent with the law of the European Union, irrespective of the specific subject matter or nature of that law.
CREDIT PACKAGE – a paid package of accounting units (Credits) enabling the use of the functions of the Vellam application; one Credit corresponds to a unit of processing defined by the Application. The current offer of Credit Packages, including prices, is indicated on the Website prior to placing the Order.
TERMS OF SERVICE – these Terms of Service of the Website, which also govern the conditions for concluding and performing the Agreement for the use of the Vellam application between the User and the Service Provider.
COPYRIGHT ACT – the Polish Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended).
WEBSITE – the website operated by the Service Provider, available at the internet addresses https://vellam.pl, https://vellam.io or https://vellam.app.
AGREEMENT – agreement for the provision of a digital service within the meaning of the relevant provisions of the Polish Consumer Rights Act, concluded and performed between the User and the Service Provider via the Website on the basis of the User's Order and whose subject matter is the purchase of a Credit Package entitling the User to use the functions of the Vellam application to the extent of the Credits acquired.
ELECTRONIC SERVICE – a service provided by the Service Provider to Users via the Website in accordance with these Terms of Service by electronic means (including a digital service within the meaning of the relevant provisions of the Polish Consumer Rights Act).
USER / CUSTOMER – (1) a natural person with full legal capacity and, in cases provided for by law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who uses or intends to use the Website and its Electronic Services.
SERVICE PROVIDER – Aleksander Kamiński, conducting a sole proprietorship under the business name FEATHERIT – ALEKSANDER KAMIŃSKI, entered in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), address of business activity and address for service: ul. Bazyliowa 27, 71-220 Bezrzecze, Poland, NIP 8542386448, REGON 365009515, e-mail address: info@vellam.pl.
CONSUMER RIGHTS ACT – the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended), implementing Directive 2011/83/EU (Consumer Rights Directive) into Polish law.
ORDER – a declaration of the User's will, submitted via the Order Form and directly aimed at using the functions of the Vellam application (conclusion of the Agreement with the Service Provider).

2. General conditions for using the Website

The Website consists of (1) a website that the User may use free of charge and through which they obtain access to basic information about the Vellam application and to functions not requiring Account registration, and (2) the Vellam application, the use of which requires an Account on the Website and is provided for a fee on the terms set out below in these Terms of Service.
The User is obliged to use the Website for its intended purpose and in accordance with these Terms of Service, in particular in compliance with applicable law, the rules of social coexistence and good morals, with respect for personal rights, copyrights and the intellectual property of the Service Provider, other Users and third parties.
The User is obliged to provide truthful data. The User is prohibited from providing unlawful content, including Illegal Content within the meaning of the Digital Services Act (DSA). The User is prohibited from sending unsolicited commercial information (spam) via the Website. The User is obliged not to undertake any actions that disrupt the proper functioning of the Website. The User shall use the functions and resources of the Website in a manner that does not adversely affect other Users.
For proper use of the Website the following technical requirements must be met: (1) a computer, laptop or other multimedia device with internet access; (2) access to an e-mail account; (3) an up-to-date internet browser: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (4) enabled storage of cookies and JavaScript support in the browser.
The Service Provider of the Website is not obliged, pursuant to Art. 15 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text, Journal of Laws 2020, item 344, as amended), to verify data transmitted, stored or made available by Users. The Service Provider complies in this respect with Art. 14(1) of the Act, according to which the Service Provider is not liable for stored data if it has no knowledge of the unlawful nature of the data or related activity; where the Service Provider receives an official notification or reliable information of such unlawful nature, it shall immediately block access to such data.
Use of the Website is associated with the typical risks of internet use. The fundamental threat for every internet user, including users of Electronic Services, is the possibility of "infecting" the IT system with various types of malicious software created mainly for the purpose of causing damage or gaining unauthorised access to the User's data. To avoid these threats, the Service Provider recommends that the User equip the device used to access the internet with antivirus software and keep it updated.
The Service Provider is the Controller of personal data processed in connection with the use of the Website. The data are processed for the purposes, for the duration and on the legal bases and principles described in the Privacy Policy published on the Website. The Privacy Policy contains, in particular, the rules for processing personal data by the Service Provider, including the legal bases, purposes and duration as well as the rights of data subjects, and information on the use of cookies and analytical tools. The use of the Website is voluntary. Likewise, the provision of personal data is voluntary, subject to the exceptions indicated in the Privacy Policy (e.g. contractual and statutory obligations of the Service Provider).

3. Electronic Services available on VELLAM.PL

The Electronic Services may be used by any User on the terms set out in these Terms of Service.
Use of the Website is free of charge, with the exception of the Vellam application, which is subject to a fee pursuant to Section 5 of these Terms of Service.
[Types and scope of services provided by electronic means] Detailed descriptions of the functions and resources of the Website and the rules of their operation can be found in these Terms of Service and on the Website, including in notices, explanations and contextual information displayed to the User during use of the Website. In particular, the Service Provider makes the following Electronic Services available to Users:

Possibility to view freely accessible areas, subpages and resources of the Website – access to such content is open and requires no Account or any other specific actions by the User. This Electronic Service is of a one-off nature and ends upon the User's cessation of use, in particular by leaving the Website or closing the browser.
Account – a fundamental Electronic Service representing a set of functions addressed to all visitors of the Website and enabling the use of those functions of the Website for which having an Account is required, above all the functions of the Vellam application relating to the provision, analysis using AI tools and storage of content and data provided by the User or generated on the basis of such content.

Use of the Account is possible after the User completes three consecutive steps: (1) filling in the interactive registration form with the data marked as mandatory, (2) clicking the appropriate button (e.g. "Register") and (3) confirming the creation of the Account by entering the activation code automatically sent to the provided e-mail address – this concludes the agreement for the provision of the Electronic Service Account between the User and the Service Provider. The following data must be provided in the registration form: e-mail address and password.
The User is obliged to update their Account data in the event of changes. The User is obliged to keep Account access confidential from third parties. The User is prohibited from transferring the Account to third parties, in particular by renting or lending. The User may not, without the Service Provider's consent, possess more than one Account on the Website at the same time.
The Electronic Service Account is provided for an indefinite period and free of charge. The User may at any time and without giving reasons delete the Account (termination) by sending an appropriate notice to the Service Provider, in particular by e-mail to: info@vellam.pl or in writing to: ul. Bazyliowa 27, 71-220 Bezrzecze, Poland. After deletion of the Account it may be re-created by the User in the same way as the first time, with the proviso that in the case of deletion pursuant to clause 3.4 ff. of these Terms of Service (suspension and termination of services by the Service Provider) re-creation requires the Service Provider's consent, once all reasons for the deletion have ceased to exist.

Vellam application – an interactive browser-based web application, available after logging into the User's Account, which allows the User to submit their textual content for automatic analysis and to obtain results in the form of an audit containing, among other things, recommendations, guidelines and notes regarding its literary qualities (e.g. plot coherence, style, characters etc.).

The Electronic Service is provided for a fee (on the terms described in Section 5 of these Terms of Service). Access to the functions of the Application takes place through Credit Packages – each use of a function of the Application reduces the User's Credit balance by the corresponding number of Credits according to the current price list indicated in the Application. The service in relation to a single analysis is deemed performed upon the delivery of automatically generated results (data) to the User's Account. Detailed rules and limitations (e.g. character limits, Credit cost for a given function) are displayed in the Application prior to use.
The basis of the Vellam application's operation is AI tools; the Service Provider, however, is not the provider of these tools within the meaning of the EU AI Act. The provider responsible for placing on the market the AI tools used by the Vellam application is always an independent third party according to the data indicated in the Vellam application no later than at the moment of the User's declaration of will to make use of the service and conclude the Agreement with the Service Provider. The Service Provider does not guarantee the immutability of the AI system on which the Vellam application is based. These Terms of Service apply exclusively to the conditions of use of the Electronic Services provided by the Service Provider and therefore do not affect the liability of the relevant provider for the AI systems it has developed. The User who, via the Vellam application, uses AI tools provided by a provider is obliged to comply with the terms of use made available by that provider, which the Service Provider makes available no later than at the moment of the User's declaration of will (e.g. in the form of a link to the website with the terms of the relevant provider).
The results obtained through the Vellam application are to be treated solely as supporting (auxiliary) information for the User's activity. Although such content has a certain value for the User and may help them make decisions, the Service Provider points out that content generated by artificial intelligence is not reviewed or moderated by humans and the knowledge base on which the AI model is built is limited. As a result, it cannot be guaranteed that all information provided by the AI will be free from errors and inaccuracies. The foregoing constitutes only a recommendation and is not intended to exclude or limit any rights of the User arising from mandatory provisions of law, in particular with regard to the statutory liability of the Service Provider for improper performance of the service.
All content entered (submitted) by the User in the Application remains their exclusive intellectual property. By submitting their content within the Application, the User grants the Service Provider only a non-exclusive, royalty-free, non-transferable licence to the extent and for the duration necessary for the one-off performance of the service. The Service Provider does not use User content for the training of AI models or for any other commercial purposes outside of performing the service at the User's request.
In accordance with the AI provider's policy (Zero Data Retention), input data on the basis of which the audit in the Vellam application is generated are not stored by the AI provider after processing is complete and are not used to improve AI models.
The User bears full responsibility for all content that they provide, input, transmit, distribute or transfer within the Website, in particular in the Vellam application. When placing or transferring content in the Application the User is obliged to hold all the necessary rights and permissions, in particular copyrights or the required licences, permissions and consents for their use, distribution, provision, publication etc. to the extent required, above all the right to publish and distribute on the internet and the right to use and distribute images in the case of content containing images of third parties.

Order Form – an Electronic Service enabling the submission of an Order for the use of the Vellam application; available only after logging into the User's Account. Placing an Order may require the selection or provision of required data or service parameters and the making of the due payment in accordance with the current price list. A detailed description of the Order and Agreement conclusion procedure is contained in Section 5 of these Terms of Service. The Electronic Service Order Form is of a one-off nature and ends upon the placement of the Order or its earlier interruption (e.g. leaving the Website, logging out of the Account or closing the browser).

[Complaints concerning services provided by electronic means] The complaints procedure for Electronic Services is described in Section 7 of these Terms of Service.
[Termination of agreements for services provided by electronic means] The User may at any time cease using the Electronic Services (e.g. delete the Account) in the manner described in the foregoing provisions. The Service Provider reserves the right to suspend the provision of all or individual Electronic Services to a User and, as a last resort, to terminate them – this will occur only to the extent and only where necessary, subject to the following conditions.
Suspension and, as a last resort, termination of the provision of Electronic Services to a User may occur only for important reasons, i.e. where the User breaches the provisions of these Terms of Service or of the Agreement concluded with the Service Provider, in particular where: (1) the User provides incomplete (where mandatory) or untrue contact data (e.g. the e-mail address required for Account registration); (2) the User's actions unlawfully damage the reputation of the Service Provider, the Electronic Services or the Website; (3) the User uses the Website or individual Electronic Services contrary to their purpose and subject matter; (4) the User uses the Website or individual Electronic Services for unlawful or abusive activities infringing personal rights or other rights of the Service Provider or third parties, contrary to good morals; (5) the User's actions threaten the security of the Service Provider's IT system and of the Website or the security of other Users; (6) the User provides Illegal Content or other content contrary to these Terms of Service on the Website; or (7) the User uses the resources made available through the Website contrary to the provisions set out in these Terms of Service or in separate terms of use, or contrary to generally applicable provisions of law, including the provisions of copyright law on permissible personal use or the provisions on combating unfair competition.
During suspension of the Electronic Services, use of the relevant service is not possible; for example, during suspension of the Account the User can neither log in nor access the functions and resources of the Account (including the Vellam application). Suspension may be for a definite or indefinite period specified by the Service Provider – until the grounds for suspension cease to exist. During suspension the User should take steps to remove the grounds for suspension and, once they cease to exist, inform the Service Provider without delay. The Service Provider shall resume provision of the service without delay, and no later than within 7 Working Days of receipt of information that the grounds for suspension have ceased to exist.
Before deciding on the suspension or termination of the Electronic Services, the Service Provider shall, where possible, warn the User or call upon them to cease the infringement; only where this is unsuccessful or impossible may the Service Provider take the relevant decision. Immediately after the decision the Service Provider shall send the User a notice of the reasons for suspension or termination, unless this is impossible due to the absence of contact data. The Service Provider undertakes to take primarily a decision on suspension and only where this proves unsuccessful or inappropriate given the gravity and scope of the infringements, a decision on termination of the provision. A decision on termination of the provision of the Electronic Service Account constitutes a notice of termination by the Service Provider of the agreement for the use of the relevant Account.
Should the suspension of the Electronic Services for a User last for at least 30 calendar days and the grounds for suspension continue to exist, the Service Provider shall be entitled to terminate the provision of the Electronic Service subject to a notice period of at least 7 days by sending an appropriate statement to the User's e-mail address. Upon expiry of the notice period, the decision on termination shall take effect.
Termination of the agreement for the use of an Electronic Service entails the irrevocable deletion of data attributed to that service (e.g. Account data). This does not affect the possibility of further storage of the User's data by the Service Provider within the remaining processing purposes (not relating to the use of the relevant service) in accordance with the Privacy Policy (e.g. for the establishment, pursuit or defence of possible claims of the User).

4. Additional reservations concerning the Vellam application

The services of the Application are based on the processing and analysis of content provided by the User at their request, as well as on making it possible to view and manage the data stored for the User (audit results of their content) in their Account. The role of the Application in this case is limited to processing, forwarding and making available such data, or the results (data) generated on the basis of such data using AI tools, through the user interface of the Application. The Service Provider does not verify the reliability, accuracy and truthfulness of such information and data – that duty rests solely with the User of the Application, who bears sole responsibility for all content and data entered, provided, transmitted or otherwise made available in the Application and for the verification of their accuracy and completeness where appropriate. The Application and the results of its use, including content generated by AI tools, are of an exclusively supporting nature and should not constitute the sole basis for the User's decisions.
The Service Provider makes due efforts to ensure that the use of the Vellam application is understandable and transparent for Users, but cannot guarantee that every User will be able to operate the Application independently or that it will prove useful in achieving the User's intended goals, including business and commercial goals. The Vellam application, including its functions based on AI tools, constitutes solely a technical tool which Users may use in various ways and for various purposes – this remains outside the Service Provider's control. To the maximum extent permitted by applicable law, the services of the Application are deemed to be provided in the form in which they have been made available ("as is"), and the Service Provider makes no implied or express warranties as to their quality or suitability for any particular purpose.
The results (data) generated by the Application are a product of the content input by the User themselves – by their design, they are of an exclusively informational nature and are intended only to supplement, not to replace, human activity. The Service Provider declares that the AI-based functions of the Vellam application do not have a significant impact on the outcome of the User's decision-making process, as they are, by design, intended to improve the results of an activity previously carried out by a human, which is associated with a lower, limited risk within the meaning of the relevant provisions of the EU AI Act.
No provision of this Section 4 is intended to exclude or limit the Service Provider's statutory liability towards Consumers, in particular with regard to non-conformity of performance with the agreement.
Transparency obligation for AI systems (Art. 50 EU AI Act) – The Service Provider informs that all analytical results and content provided by the Vellam application (including assessments, suggestions, manuscript notes and other output data) are generated entirely by artificial intelligence systems and are not subject to human review before being made available to the User. The Application currently uses language models (GPAI) provided by independent providers via the OpenRouter Inc. (USA) platform. AI model providers may change; up-to-date information on the provider is made available in the user interface of the Application. The Service Provider has no influence over the internal parameters of the AI models or their generative decisions. This disclosure constitutes fulfilment of the information obligation under Art. 50 of Regulation (EU) 2024/1689 (EU AI Act).

5. Payment terms for using the application (conclusion of the Agreement)

Use of the services of the Vellam application is subject to a fee. Commencement of use of the Vellam application requires the creation of an Account and the electronic submission of an Order via the Website.
The User may place an Order to purchase a Credit Package for the use of the Vellam application by logging into their Account and making the payment required according to the price list accessible before the Order is placed. Upon payment of the due price and activation of the Credit Package in the User's Account, the Agreement is concluded between the User and the Service Provider on the terms set out in these Terms of Service and in the Order.
Under the Agreement, the User does not acquire ownership of the Application or any copyright to it – the subject matter of the Agreement is solely access to the Application through the purchase of a Credit Package enabling the use of its functions to the extent of the available Credit balance in accordance with these Terms of Service.
The Service Provider makes the following methods of payment available to Users:
1. Electronic payments and card payments via Stripe.com – detailed information on the payment methods currently available is available during the Order on the Website and on the website of the payment service provider https://www.stripe.com.
2. Payment processing is carried out, at the User's choice, by Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
After being redirected to the payment gateway, the User should make the payment without delay. Otherwise, the payment session may expire and the transaction may fail, with the result that the service of the Application will not be performed. To use the Application, in such case the User should repeat the ordering procedure as if for the first time.
Performance of the service (delivery of the audit results of the content processed in the Vellam application) takes place without delay, and no later than within 2 Working Days from the date the payment is credited to the bank or settlement account of the Service Provider.
Waiver of the service in any form, including by deletion of the Account or by ceasing to use the Application in any other way, does not entitle the User to a refund of the payment for the Credit Package purchased, regardless of the number of Credits actually used. This provision is not intended to exclude or limit any statutory rights of Consumers, in particular the right of withdrawal for distance contracts under Section 8 of these Terms of Service.
Prices shown on the Website are given in Polish złoty (PLN). The User shall be informed of the total price including taxes and any other costs and – where such costs cannot be determined – of the obligation to pay them, on the Website, including during the Order and payment.
Recording, securing and making available information about the Agreement concluded takes place by (1) making these Terms of Service available on the Website prior to placing the Order, (2) sending an e-mail confirming the purchase after payment has been made, and (3) recording the purchase in the payment history in the User's Account.

6. Contact with the Service Provider

The principal form of ongoing remote communication with Vellam.pl is e-mail (e-mail address: info@vellam.pl), through which Users may exchange information with the Service Provider regarding the activities of the Service Provider and the Website, including support with technical issues related to the use of the Vellam application. Users may also contact the Service Provider by any other legally permissible means, using the data indicated at the beginning of these Terms of Service.

7. Complaints procedure

This Section 7 of the Terms of Service sets out a single, uniform procedure for all complaints submitted to the Service Provider, in particular complaints concerning its Electronic Services and the Vellam application, as well as other notifications relating to the activity of the Service Provider or the Website.
A complaint may, for example, be submitted:
1. in writing to the address: ul. Bazyliowa 27, 71-220 Bezrzecze, Poland;
2. in electronic form by e-mail to: info@vellam.pl.
It is recommended that a complaint description include: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the occurrence of the irregularity or problem; (2) the demand or expectation regarding the resolution of the complaint; and (3) contact details of the complainant – this facilitates and expedites the handling of the complaint. Providing this information is only a recommendation and does not affect the effectiveness of complaints submitted without the recommended description.
If the provided contact details change during the handling of the complaint, the complainant is obliged to inform the Service Provider.
Evidence (e.g. photographs, screenshots, documents) may be attached to the complaint. The Service Provider may also ask the complainant for additional information or evidence, where this facilitates and expedites the handling of the complaint.
The Service Provider will respond to the complaint without delay, and no later than within 14 calendar days of its receipt.
Below is additional information on the statutory liability of the Service Provider:
1. The basis and scope of the Service Provider's liability towards the User for Electronic Services provided are set out in generally applicable provisions of law, in particular the Polish Civil Code and the Polish Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text, Journal of Laws 2020, item 344, as amended); for Users who are not Consumers, additional (contractual) limitations of liability set out in Section 10 of these Terms of Service apply.
2. For complaints concerning digital content or digital services provided on the basis of an agreement concluded with a Consumer, the provisions of the Polish Consumer Rights Act in the wording in force from 1 January 2023 apply, in particular Art. 43h – 43q of the Consumer Rights Act. These provisions regulate, in particular, the basis and scope of the Service Provider's liability towards the Consumer in the event of non-conformity of the digital content or digital service with the agreement.

8. Statutory right of withdrawal

A Consumer may, within 14 calendar days, withdraw from a distance contract without giving any reason and without incurring costs, with the exception of the contracts listed in clause 8.5 and the costs indicated in clause 8.6.
The period for withdrawal from a contract whose subject matter is the use of services (including Electronic Services) starts on the date of conclusion of the Agreement with the Service Provider.
To meet the deadline, it is sufficient to dispatch the declaration before the deadline expires. The declaration of withdrawal may, for example, be submitted:
1. in writing to: ul. Bazyliowa 27, 71-220 Bezrzecze, Poland;
2. in electronic form by e-mail to: info@vellam.pl.
The Consumer may use the model withdrawal form constituting Annex No. 2 to the Polish Consumer Rights Act, but this is not mandatory.
The right of withdrawal from a distance contract does not apply to, among others: (1) contracts for the provision of services (including the services of the Vellam application) for which the Consumer is obliged to pay a price, if the Service Provider has fully performed the service with the express prior consent of the Consumer who was informed, before performance began, that after full performance they would lose their right of withdrawal and has acknowledged this; (2) contracts for the supply of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay a price, if the Service Provider commenced performance with the express prior consent of the Consumer who was informed, before performance began, that after full performance they would lose their right of withdrawal and has acknowledged this, and the Service Provider has delivered to the Consumer the confirmation referred to in Art. 15(1) and (2) or Art. 21(1) of the Polish Consumer Rights Act.
In the event of effective withdrawal from a contract where none of the exceptions listed in clause 8.5 applies, the following provisions on the consequences and costs of exercising the right of withdrawal apply:
1. The Service Provider shall, without delay and no later than within 14 calendar days of receipt of the Consumer's declaration of withdrawal, return all payments made by the Consumer, subject to the costs of services that have begun pursuant to point (b) below. The Service Provider shall refund the payment using the same means of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which is free of charge for them.
2. In the case of a service whose performance – at the express request of the Consumer – began before the expiry of the withdrawal period, the Consumer who exercises the right of withdrawal after such a request is obliged to pay for the services performed up to the moment of withdrawal. The amount of the payment shall be calculated proportionally to the extent of the service performed, taking into account the price or remuneration agreed in the contract. Where the price or remuneration is excessive, the amount shall be calculated on the basis of the market value of the service performed.
3. In the case of withdrawal from a contract whose subject matter is digital content or a digital service, the Service Provider may not, from the date of receipt of the declaration of withdrawal, use content other than personal data provided by the Consumer or created by the Consumer during use of the digital content or digital service, with the exception of content that: (1) is useful exclusively in connection with the digital content or digital service that was the subject of the contract; (2) relates exclusively to the Consumer's activity during use of the digital content or digital service provided by the Service Provider; (3) has been combined by the Service Provider with other data and cannot be separated therefrom or can be separated only with disproportionate effort; (4) has been created by the Consumer jointly with other Consumers who can continue to use it. Except in the cases referred to in points (1)–(3), the Service Provider shall, at the Consumer's request, make available to them content other than personal data which the Consumer provided or created during use. In the event of withdrawal from the contract, the Service Provider may prevent the Consumer from further use of the digital content or digital service, which does not affect the Consumer's rights referred to above. The Consumer has the right to recover the digital content from the Service Provider free of charge, without hindrance, within a reasonable period and in a commonly used machine-readable format.
4. In the event of withdrawal from a contract for digital content or a digital service, the Consumer is obliged to cease using the digital content or digital service and not to make it available to third parties.

9. Out-of-court dispute resolution and enforcement of claims

Methods of out-of-court dispute resolution include, among others, (1) bringing the parties' positions closer together, e.g. through mediation; (2) proposing a solution, e.g. through conciliation; and (3) resolving the dispute and imposing a resolution, e.g. in arbitration proceedings. Detailed information on the possibilities available to a Consumer for out-of-court dispute resolution is available on the website of the Polish Office of Competition and Consumer Protection (UOKiK): polubowne.uokik.gov.pl.
A contact point operates at the President of the Polish Office of Competition and Consumer Protection, whose task is, among other things, to provide information to consumers on out-of-court dispute resolution. Contact: (1) by telephone: +48 22 55 60 332 or +48 22 55 60 333; (2) by e-mail: kontakt.adr@uokik.gov.pl; or (3) in writing or in person: the Office's headquarters, plac Powstańców Warszawy 1, 00-030 Warsaw, Poland.
The Consumer has the following examples of possibilities for out-of-court dispute resolution: (1) an application for the resolution of a dispute to the permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance from the district or municipal consumer ombudsman or from a social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association).
Notice for Consumers from other EU Member States: The European Commission provides at ec.europa.eu/consumers/odr/ an Online Dispute Resolution (ODR) platform. Our contact e-mail address: info@vellam.pl. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration body.

10. Provisions for Users who are not Consumers

This Section 10 of the Terms of Service and the provisions contained in it are not addressed to Consumers and do not bind them, unless their application to Consumers is not impermissible.
The Service Provider has the right, within 14 calendar days of conclusion of the Agreement, to withdraw from the Agreement concluded with the User. Withdrawal may take place without giving reasons and does not give rise to any claims of the User against the Service Provider.
The period for responding to the User's complaint is up to 30 calendar days from its receipt. Any liability of the Service Provider under the statutory guarantee or for non-conformity of performance with the agreement is hereby excluded to the extent permitted by law. The total liability of the Service Provider and the sole compensation or indemnity to which the User is entitled under the Agreement for access to the Application consists in the prompt repair of the operation of the Application and its functions in order to enable the User to use it in accordance with the Agreement concluded, without prejudice to any liability arising from mandatory provisions of law.
In no event shall the Service Provider and its suppliers be liable for damages or infringements of the rights of third parties caused, directly or indirectly, by the operation of the Vellam application, including damages due to unusability, business interruption, and other recurring, incidental or special damages of any kind, including loss of profit or reduction in costs, regardless of whether a representative of the Service Provider has been informed of the possibility of such damages, or claims of third parties. None of the limitations contained in these Terms of Service and in separate contractual conditions limits the Service Provider's liability for personal injury caused by the wilful act of the Service Provider. The User expressly acknowledges the Service Provider's right to act on behalf of its suppliers solely within the scope of exclusion of liability and limitation of obligations.
The Service Provider has the right at any time and without giving reasons to block the User's access to the Website or to individual Electronic Services (termination without notice of the agreement for the use of the Electronic Services); this does not give rise to any claims of the User against the Service Provider.
The Service Provider is not liable towards the User for damage and performance disruptions attributable to events of force majeure (e.g. hacker attacks, unannounced power or internet outages, natural disasters, epidemics, unrest, wars, insurrections, acts of the executive or legislative branches) or to other causes outside the Service Provider's control.
The Service Provider's liability towards the User, regardless of its legal basis, is limited to the amount of fees paid by the User in the last year for the use of the services of the Website, and in any case to no more than PLN 500.00 (five hundred złoty). The foregoing limitation also applies where no paid agreement has been concluded between the User and the Service Provider or where liability is not connected with such an agreement. The Service Provider shall be liable to the User only for typical and actually incurred damages foreseeable at the time of conclusion of the Agreement; loss of profits is excluded.
All disputes between the Service Provider and the User shall be submitted to the court having territorial jurisdiction over the seat of the Service Provider.

11. Copyrights of the Service Provider

Copyrights and industrial property rights in the Website as a whole and in its individual elements, including the Vellam application, content, graphics, works, templates and marks, belong to the Service Provider or other authorised third parties and are protected under the provisions of Polish copyright law and other generally applicable provisions of law. Protection covers all forms of expression of the Website.
The structure, organisation and source code of the Website and of the Vellam application constitute valuable business secrets of the Service Provider and its suppliers. The Website, including the Vellam application, is to be treated like any other copyrighted work. The User is not entitled to copy the Website in whole or in part, except in cases permitted by mandatory provisions of law. The User further undertakes not to modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to determine the source code, except in cases permitted by mandatory provisions of law.
Individual elements of the Application (e.g. AI tools provided by third parties) may be subject to separate terms of use and licence conditions – in such case the User is obliged to comply with them as well.
Trademarks of the Service Provider and of third parties shall be used in accordance with applicable provisions of law.

12. Technical interruptions and disruptions

The Service Provider endeavours to ensure the proper and uninterrupted operation of the Website, including the Vellam application. However, due to the complexity of the Vellam application and external factors beyond the Service Provider's control (e.g. DDoS attacks – distributed denial of service), errors and technical disruptions may occur that may impair operation in whole or in part. The Service Provider takes, in such cases, all reasonable and feasible measures to mitigate the negative effects. The Service Provider promptly informs Users of such errors and disruptions and of the expected time for their resolution.
The Service Provider does not guarantee that the Website, including the Vellam application, will be free from errors or that the User will be able to operate it without problems and disruptions. Due to the continuous development of new attack techniques, the Service Provider also cannot guarantee that the Vellam application will be free from vulnerabilities or attacks. The Service Provider makes due diligent efforts to avoid such situations and uses appropriate security measures in accordance with current standards and trends.
In addition to interruptions caused by errors or technical disruptions, other planned technical interruptions may also occur, during which the Service Provider takes measures to further develop the Website and the Vellam application and to safeguard them against errors, technical disruptions or attacks.
The Service Provider schedules technical interruptions so as to be as little burdensome to Users as possible, in particular during low-traffic hours (e.g. at night) and only for the time necessary to carry out the work. The Service Provider informs Users in advance of planned technical interruptions and their expected duration.
The Service Provider is not liable to Users for damage and performance disruptions resulting from errors, technical disruptions and technical interruptions referred to in this Section 12. This Section is not intended to exclude or limit any rights of a Consumer arising from mandatory provisions of law, in particular with regard to the Service Provider's liability for improper performance of the service.

13. Illegal Content and other content contrary to these Terms of Service

This Section of the Terms of Service contains provisions resulting from the Digital Services Act (DSA) with respect to the Website and the Service Provider. As a rule, the User is not obliged to provide content while using the Website, unless these Terms of Service require the provision of specific data (e.g. data for Account registration or for placing an Order). The User may also have the possibility of voluntarily providing data via the Website, using the functions made available for this purpose by the Service Provider through the Vellam application. Each time content is provided by the User, the User is obliged to comply with the rules contained in these Terms of Service.
CONTACT POINT – The Service Provider designates the e-mail address info@vellam.pl as the single contact point. The contact point enables the Service Provider to communicate directly with the authorities of Member States, the European Commission and the Digital Services Board, and enables recipients of the service (including Users) to communicate directly, rapidly and in a user-friendly manner by electronic means with the Service Provider for the purposes of application of the Digital Services Act. The Service Provider indicates Polish and English as the languages of communication for its contact point.
Procedure for notifying Illegal Content and for acting pursuant to Art. 16 DSA:
1. Any person or entity may notify the Service Provider, to the e-mail address info@vellam.pl, of the presence of specific information which they consider to be Illegal Content.
2. The notification should be sufficiently precise and adequately substantiated. To that end, the Service Provider enables and facilitates the submission of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information notified constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs and, where necessary, additional information enabling identification of the Illegal Content; (3) the name and e-mail address of the notifying person or entity, with the exception of notifications concerning information involving one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief that the information and allegations contained in the notification are accurate and complete.
3. Such notification shall constitute the basis for actual knowledge within the meaning of Art. 6 of the DSA concerning the information in question, where it enables the Service Provider, acting with due diligence, to establish, without a detailed legal examination, the unlawful nature of the activity or information.
4. Where the notification contains electronic contact details of the notifying person or entity, the Service Provider shall promptly send them a confirmation of receipt of the notification. The Service Provider shall also promptly inform of its decision concerning the information notified, indicating the possibilities for appealing against the decision.
5. The Service Provider examines all notifications received and takes decisions in a timely, non-arbitrary and objective manner and with due diligence. Where automated means are used, the Service Provider shall state this in the notification referred to in the preceding point.
Information on the restrictions imposed by the Service Provider in connection with the use of the Website concerning the information transmitted by the User:
1. Independently of, and in addition to, the other applicable provisions of these Terms of Service, the following general principles apply to the User when providing any content on the Website:
  1. Obligation to use the Website for its intended purpose, including the placement of content (e.g. within the Account, Order etc.), in accordance with these Terms of Service and with the law, respecting personal rights, copyrights and the intellectual property of the Service Provider and of third parties;
  2. Obligation to enter truthful and non-misleading content;
  3. Prohibition on providing unlawful content, including Illegal Content;
  4. Prohibition on transmitting unsolicited commercial information (spam) via the Website;
  5. Prohibition on providing content that breaches generally accepted rules of netiquette, including vulgar or offensive content;
  6. Obligation – to the extent required – to hold all rights and permissions, in particular copyrights or the required licences, permissions and consents for use, distribution, provision or publication, above all the right to publish and distribute on the Website and the right to use and distribute the image or personal data in the case of content containing images or personal data of third parties;
  7. Obligation to use the Website in a manner that does not threaten the security of the IT system of the Service Provider, of the Website or of third parties.
2. The Service Provider reserves the right to moderate content provided by the User on the Website. Moderation is carried out in good faith and with due diligence, and on the Service Provider's own initiative or upon a notification received, in order to detect, identify and remove Illegal Content or other content contrary to these Terms of Service, or to block access to it, or to take necessary measures to fulfil the requirements of Union law and of national law consistent with Union law, including the requirements of the DSA, and the requirements of these Terms of Service.
3. The moderation process may be carried out manually by a human or on the basis of automated or partially automated tools that facilitate the identification of Illegal Content or content contrary to the Terms of Service by the Service Provider. After identifying such content, the Service Provider decides on its possible removal, blocking of access, restriction of visibility or other measures deemed necessary (e.g. contacting the User to clarify and amend the content). The Service Provider informs the User who provided the content (if their contact details are available), in a clear and easily understandable manner, of its decision, the reasons for it and the available possibilities for appeal.
4. The Service Provider is obliged, in exercising its rights and obligations under the DSA, to act with due diligence, objectively and proportionately, and with due regard for the rights and legitimate interests of all parties involved, including recipients of the service, in particular the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
All remarks, complaints, grievances, appeals or reservations regarding decisions or other actions or omissions of the Service Provider on the basis of a notification received or of a decision taken in accordance with these Terms of Service may be raised analogously to the complaints procedure under Section 7 of these Terms of Service. Use of this procedure is free of charge and allows for the electronic submission of complaints to the indicated e-mail address. Use of the complaint procedure does not affect the right of the relevant person or entity to initiate court proceedings or other rights.
The Service Provider examines all remarks, complaints, grievances, appeals or reservations in a timely, non-discriminatory, objective and non-arbitrary manner. Where a complaint contains sufficient grounds to consider that the Service Provider's decision not to act is unfounded, or that the information in question is not illegal or contrary to these Terms of Service, or contains information indicating that the complainant's conduct does not justify the measure taken, the Service Provider shall, without undue delay, reverse or modify its decision concerning removal, blocking or other restriction of visibility, or take other necessary measures.
Users and other persons or entities that have notified Illegal Content and are addressees of the Service Provider's decisions concerning Illegal Content or content contrary to these Terms of Service have the right to choose any out-of-court dispute resolution body certified by a Digital Services Coordinator of a Member State for the resolution of disputes, including those complaints that have not been resolved within the Service Provider's internal complaint-handling system.

14. Final provisions

Agreements concluded on the basis of these Terms of Service are concluded in the Polish language and in accordance with Polish law. Polish law governs this agreement exclusively.
The Service Provider reserves the right to amend these Terms of Service for important reasons, namely: changes in the law; becoming subject to a legal or regulatory obligation; change, addition or removal of Electronic Services; change of payment methods; change of the Service Provider's details; necessity to counter an unforeseen and imminent threat related to the protection of the Website, including the Electronic Services, the Vellam application and Users, against fraud, malicious software, spam, data breaches or other cybersecurity threats; improvement of user service – to the extent that such changes affect the implementation of the provisions of these Terms of Service.
1. Notification of proposed amendments shall be made at least 15 days before they enter into force; amendments may be introduced without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation on the basis of which it must amend the Terms of Service in a manner that makes it impossible to observe the 15-day notice period; or (2) exceptionally has to amend the Terms of Service in order to counter an unforeseen and imminent threat to the protection of the Website, the Electronic Services, the Vellam application and Users against fraud, malicious software, spam, data breaches or other cybersecurity threats. In the last two cases, amendments are introduced with immediate effect unless a longer period is possible or required, of which the Service Provider shall inform in each case.
2. In the case of continuing obligations (e.g. use of the Electronic Service Account), the User has the right to terminate the agreement before the notice period expires. Termination takes effect 15 days after receipt of the notice. In the case of continuing obligations, the amended Terms of Service bind the User where they have been duly informed of the amendments with the notice period observed and have not terminated the agreement during that period. The User may, at any time after receipt of the notice, accept the amendments and waive further observance of the notice period. In the case of agreements other than continuing obligations, amendments to the Terms of Service do not affect in any way the rights acquired by the User before the amendments enter into force; in particular, amendments to the Terms of Service do not affect Orders already submitted, Agreements concluded, being performed or already performed.
3. If an amendment to the Terms of Service leads to the introduction of new fees or to the increase of existing fees, the Consumer has the right to withdraw from the Agreement.
In matters not regulated in these Terms of Service, the generally applicable provisions of Polish law apply, in particular: the Polish Civil Code; the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text, Journal of Laws 2020, item 344, as amended); the Consumer Rights Act; the Copyright Act; and other relevant generally applicable provisions of law.
For disputes with Consumers, the consumer law of the State in which the Consumer has their habitual residence applies to the extent that its provisions are mandatory and offer the Consumer better protection than Polish law (Art. 6 of the Rome I Regulation).

Transparency obligation for AI systems (Art. 50 EU AI Act)

All analysis results, suggestions and other outputs of the Vellam application are generated entirely by artificial intelligence systems and are not reviewed by a human before being made available to the User. Vellam currently uses large language models (GPAI) provided via OpenRouter Inc. (USA). AI providers may change. AI-generated content is auxiliary in nature and should not be the sole basis for any decision.