Regulations
use of Imagine Stories software

Effective date: 30.11.2023

1. general provisions

These Regulations define the terms and conditions of using Imagine Stories software available on imagine-stories.pl and are the document referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means (i.e.: Journal of Laws of 2020, item 344, as amended). In particular, the Regulations specify the types and scope of services provided electronically, the conditions for providing these services, including technical requirements and prohibitions on providing unlawful content, the conditions for concluding and terminating agreements for the provision of services electronically, the procedure for complaints.

2 Definitions

The following terms are used in these Regulations:

1. Portal: an Internet portal operated by the Supplier at imagine-stories.pl, 
2. Service: a digital service within the meaning of Article 2(5a) of the Consumer Rights Act of May 30, 2014 (i.e., January 28, 2020, Journal of Laws of 2020, item 287, as amended, hereinafter: the Consumer Rights Act) performed by the Supplier on behalf of the Customer, consisting of making available on the Portal the functionality of the software called Imagine Stories for creating texts,
3. Customer: an entity that has created an account on the Service,
4. Consumer: an individual who has created an account on the Service and uses the Service without connection with his/her business activity,
5. Business Customer : Customer who is not a Consumer,
6. Supplier: Biomed Neurotechnologie Sp.z o.o. Ltd,
7. Login – the process to gain access to the Customer’s account and the data stored in them after registration in the service,
8. Subscription: periodic access to the Service ordered by a specific Customer after concluding the Agreement in one of three variants (Free, Start., Standard, Premium),
9. Free Subscription: A free plan that allows you to use selected features of the Service for a period of 2 weeks
10. Standard Subscription: a paid plan that allows you to use selected features of the Service.
11. Business Subscription: a paid plan for business customers, offering additional features and support.
12. Price: the fee payable to the Supplier for the Customer’s use of the Service under the Start, Standard or Premium Subscription,
13. Content or Input Data: information entered into the Service by the Customer to generate a set result,
14. Text or Output Data: the information obtained from the Service back by the Customer after the Content has been entered and constitutes the essence of the Service provided, 
15. Agreement: an agreement within the meaning of the Civil Code concluded between the Supplier and the Customer at a distance through the Portal, the subject of which are the Services.

3. identification data of the Provider

The Service Provider is Biomed Neurotechnologie Sp.z o.o. Sp.j based in Wrocław, al. Armii Krajowej 2/7, 50-541 Wrocław, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, VI Economic Department of the National Court Register under the KRS number 0000907140, with the share capital of PLN 70,000, having NIP: 897-177-75-86, E-mail address: centrum@biomed.org.pl Phone number: [71 336 10 36]

4. statements of the parties

1. By using the Service, the Customer declares that he/she has read these Regulations and accepts their provisions. 
2. The Provider declares that it is authorized to provide the Service called „Imagine Stories”, including having all rights to dispose of the software posted on the Portal. 
3. The software is protected by the provisions of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2022, item 229, as amended) and the provisions of international agreements on the protection of intellectual property rights binding on Poland.

5. technical requirements and functionality of the software

1. The Customer, in order to use the Service, should ensure that the necessary technical requirements to use the Service are met, that is, the minimum version of the Internet browser used from the following list: Chrome version 69.0.3497.100 or Firefox version 62.0.2 or Safari version 11.1 or Opera version 55.0.2994.44 or Microsoft Edge version 42.17134.1.0 or Internet Explorer version 11.0.9600.18124
2. The condition for the use of the Service by the Customer is:

• Creation of an account by the Customer and selection of the type of Subscription,
• Agreeing to the Terms of Service,
• logging into the Service,

3. The Service allows you to create texts of stories or fairy tales based on a selection of parameters defined in the Service.  The process of creating texts is described in the Service.
4. The Customer may enter Content into the Service in the form of:

• Self-defined parameters necessary to generate the text, 
• make a selection of the parameters defined in the Service in the form of: age of the child, text genre, hero, place , theme , picture

5. Based on the Content entered, the Customer will receive the generated Text returned by the Service. 
6. As between the parties and to the extent permitted by applicable law, the Customer who uses the Free Subscription version owns only the Input Data.  The Provider is the subject of all rights to the fullest extent possible to the Output Data generated using the Service by Customers of the Free Subscription version. Customers. who have purchased the Standard or Business Subscription are the subject of all rights to the fullest extent possible to the Output Data generated by them using the Service. 
7. The Customer agrees that the Content may be used by the Provider to the extent necessary to provide and maintain the Service, comply with applicable laws and enforce the terms of these Terms and Conditions, as well as create a library/gallery of finished texts and publish them on the Portal available to other Customers.
8. The Provider reserves the right to reject any text without giving any reason for rejection. Rejection consists in removal of the text from the Portal.
9. The Provider may edit (in the database) texts belonging to Customers (after they have been generated) , in terms of grammar, spelling and/or length. If the Customer chooses to provide texts published on the Service, he is responsible for their content , including ensuring that they do not violate applicable law or these Terms of Service. 
10. Due to the nature of machine learning, Texts may not be unique to individual Customers. Moreover, the AI technology used to generate Content operates in a probabilistic manner. This also means that the results of its operation may vary depending on many factors and may not always be fully predictable. The generated Content may not always exactly match the Client’s expectations or accurately reflect the instructions given. The Customer accepts that the results may sometimes differ from the original assumptions and will not make any claims against the Provider as a result.
11. The customer also accepts that AI technology, although advanced, may in certain, rare situations generate content that may be perceived as controversial, discriminatory or offensive to feelings. The Imagine Stories portal and its creators do not endorse or promote any form of discrimination, hatred or negative attitudes. Any such AI-generated content is a result of the unpredictability of the technology and does not reflect the position of the Portal’s creators, and the Customer will not make any claims against the Provider in connection with such content. Customers are encouraged to report any content they find controversial or inappropriate to zamówienia@biomed.org.pl. Each submission will be analyzed and the system will be adjusted to minimize the risk of such content in the future.

6 Guaranteed level of service provision (SLA)

1. The Provider undertakes to ensure an adequate level of availability of the Service and takes action in case of failure or disruption of the Service. The Supplier declares that it makes every effort to ensure that the Service is free of viruses or other harmful components. 
2. The Provider reserves the right to conduct necessary maintenance work on the ICT system, which may cause temporary difficulties or prevent Customers from using the Service. 
3. Notwithstanding the above, the use of the Service may involve the risk of the computer system being infected by unwanted software. In order to avoid the aforementioned risks, it is recommended to install anti-virus software on the device to be used by the Customer. In addition to the risks of infecting the IT system, hacker attacks are among the possible threats. 
4. Because the algorithm for producing the Service includes services of other licensors, the Provider does not guarantee that the Service will operate uninterruptedly, securely or be available at any particular time or location. However, the Provider declares that it will endeavor to correct any errors or malfunctions in the operation of the Service that are directly dependent on it.

7. obligations of the parties

1. The Supplier undertakes to provide the Service in accordance with the Subscription selected by the Customer. The Customer undertakes to pay the Price in accordance with the selected Subscription. The condition for legal use of the Service is the selection of one of the Subscriptions and payment for it.
2. If the Customer does not agree to the terms of these Terms and Conditions, the Customer shall not be entitled to use the Service in any way. 
3. The Provider prohibits the placement of advertising content on the Service. 
4. If the Customer violates the Terms of Service, the Provider shall have the right to block the Customer’s access to the Service without refunding the Service fee, unless the Customer is a consumer as defined by the regulations, in which case the Customer shall be entitled to a refund of the fee in proportion to the period for which the Service remains blocked. 
5. The Client is obliged to use the Portal and the Service in a lawful manner, respecting the personal rights and copyrights and intellectual property of the Provider and third parties. In particular, the Client is obliged to refrain from providing through or to the Provider’s ICT systems any content that violates the welfare of third parties, generally accepted social norms or is incompatible with generally applicable laws, or its introduction or dissemination through the Provider’s ICT systems constitutes a violation of generally applicable laws.
6. A customer may be an adult or a person over 13 years of age who uses the Service under the supervision and with the consent of a legal guardian.
7. The Customer shall indemnify the Supplier from any liability that may arise in the event of the Customer’s breach of its obligations under paragraph 5 above. 

8 Payment terms

1. User registration on the Portal for Free Subscription is completely free of charge, does not entail any financial obligations.
2. If the Customer chooses another form of Standard or Business Subscription, he/she will be required to pay the Price. Details of the payment terms are set forth in the price list available on the Service website (www.imaginestories.pl ). Payments shall be made before the Service is made available and shall be executed either in the Stripe automatic payment system available on the Service website or by bank transfer based on an invoice issued by the Provider.  
3. The deadline for payment of the Price is respectively:

• for automatic payments – 3 days 
• for payment by bank transfer – 7 days 

4. The supplier has the right to correct errors or obvious mistakes on the invoice even if an invoice or payment has already been issued. In such a situation, the Customer shall provide complete and accurate billing information, including a valid and authorized payment method. The Customer authorizes the Provider and its affiliates and third-party payment processors to charge its payment method with the correct charges. If payment cannot be processed, Provider will provide written notice to Customer and may suspend access to the Service until payment is received. Payments are made in PLN or other currency offered by the website. Payments are non-refundable, subject to the Consumer’s rights to a refund of the fee in the event of withdrawal from the Agreement. If the Provider is unable to fulfill the request to create a text, it will make the corresponding text available to the Customer on his/her account on the Service. The text will be made available after the Customer has informed the Provider of the problem with the creation of the text.
   

9 Liability rules

1. The Provider undertakes to take all measures to ensure the correct operation of the Service to the extent of current technical knowledge, and undertakes to remove as soon as technically and organizationally possible any irregularities reported by the Customer. The Provider is not responsible for interruptions in the availability of the Service, which are caused by force majeure, the Customer’s actions and failures of the means of communication between the Customer’s device and the Service.
2. The Supplier is also not responsible for:

• The consequences of improper use of the Account by the Customer and making it available to third parties,
• consequences resulting from the interception of the Customer’s access data (login, password) by a third party, if the cause of this does not lie solely with the Supplier,
• unlawful acts of third parties involving interference with the Customer’s computer system, in particular hacking and computer viruses,
• any damage to the Customer resulting from improper provision or inability to provide access to its Account for technical or organizational reasons,
• any damage to the Customer resulting from temporary lack of access to the Service,
• data loss.

3. The Provider may disable access to the Service temporarily or permanently for the Customer in the following situations:

• in case of disclosure of the fact of using the content provided in the Service in a manner contrary to the Terms of Service;
• In case of providing false data when creating a customer account. 

10. the validity of the Agreement, the conditions for concluding and terminating the Agreement and the right to withdraw.

1. The contract between the Supplier and the Customer is effective from the moment the Customer accepts the Terms and Conditions and registers for the Service.
2. The Customer has the right to cancel the Service before the end of its duration. In this case, the fee is not refunded subject to the provisions of paragraphs 6-12. To delete the account , the Customer should use the self-service option in the account settings of the Service or contact the Provider’s technical support (zamówienia@biomed.org.pl)  
3. After requesting deletion of the account, the entire content of the Customer’s account will become immediately unavailable. After 30 days, the content of the Customer’s account will be deleted from the Provider’s server without the possibility of recovery. 
4. If the Customer deletes certain Content marked as private in his/her account, after 30 days such Content will be deleted from the Service server and cannot be retrieved.
5. All provisions of the Terms and Conditions that by their nature should remain in effect after termination, including, but not limited to, provisions relating to ownership, disclaimer of warranties, indemnification and limitation of liability, shall remain in effect after termination.
6. A consumer who has created an Account has the right to withdraw from the Agreement within 14 days without giving any reason. The period for withdrawal from the Agreement expires after 14 days from the date of conclusion of the Agreement.
7. Exercising the above-mentioned right of withdrawal requires the Consumer to inform the Supplier of his decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by regular mail or e-mail).
8. If the Consumer orders the Services before the expiration of the 14-day period for statutory withdrawal referred to in Article 27 of the Law on Consumer Rights, if the Consumer exercises his/her right to withdraw from the contract, he/she will be obliged to bear the costs of providing the Services up to the moment he/she submits the withdrawal declaration.
9. In order to comply with the deadline for withdrawal from the contract for the provision of Services, you must send information on the exercise of the aforementioned right of withdrawal before the expiration of the deadline for withdrawal.
10. In the event of withdrawal, the Supplier may prevent further use of the Services, in particular by preventing access or blocking the Account. The Provider’s right does not affect the Consumer’s right to request access to content other than personal data provided or created by the Consumer in the course of using the Services provided by the Provider.
11. In the case of subscriptions with monthly billing, the text limit not used by the Client in a given month does not carry over to the next billing month.
12. In the event of expiration of the Subscription, that is, termination of the Service, the Customer is not entitled to compensation for the unused text limit regardless of the type of Subscription selected.

11. maintaining confidentiality

The parties agree to maintain the confidentiality of information provided in the use of the Service. 

12 Complaint procedure

1. The Customer may submit questions or complaints about the functioning of the Service using the communication tool available in the Service or by letter to the Provider’s address. The Provider will receive questions about the functioning of the Service on business days between 9:00 a.m. and 3:00 p.m. and will process them in the order in which they are received. The Supplier will process the complaints referred to in the preceding sentence as soon as they are received by the Supplier, but no later than within 30 working days.
2. The complaint should include: the Customer’s data, information about the Service, description and date of the Service malfunction and the Customer’s request.

13. data protection

The administrator of the personal data of the Customer who is an individual and persons acting on behalf of the Customer who is an organizational unit is the Provider. For information regarding the processing of personal data in connection with the Customer’s use of the Service, please refer to the Privacy Policy.

14. out-of-court dispute resolution

The customer shall be informed of the possibility of using out-of-court dispute resolution, if he has such a right.

16 Governing law and applicable jurisdiction

1. The agreement is governed by Polish law .
2. All disputes arising between the Supplier and the Customer, including disputes concerning the performance of the Service, shall be subject to the jurisdiction of the court having jurisdiction over the seat of the Supplier, provided that if the Customer is a Consumer, the jurisdiction of the court shall be determined in accordance with the general rules.

17 Rules for amending the regulations

1. Any changes to the Terms and Conditions become effective on the date of publication of the new text of the Terms and Conditions available on the Service website
2. Acceptance of the Terms and Conditions as they currently exist is a condition of each time the Client logs into the Service.
3. If the Customer does not accept the new wording of the Terms and Conditions – the Customer’s access to the Service is disabled, without the right to claim a refund for the unused time of the paid Subscription.