TERMS AND CONDITIONS

for the provision of services by electronic means
and the use of the Desigma Creator
Art. 1
Introductory Provisions
  1. These Terms and Conditions set forth the rules for providing access by Drukomat.pl Spółka z ograniczoną odpowiedzialnością with its registered office in Piła (64-920), ul. Wypoczynkowa 13, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań–Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register, under KRS number: 0000388587, NIP: 7642657656, REGON: 301763972 (hereinafter: the Service Provider), to the Desigma tool (hereinafter: Desigma or the Creator), for the purpose of enabling clients (hereinafter: Users, individually: User) to create graphic designs intended for print production via a specific printing house (hereinafter: Projects).
  2. Matters not regulated herein shall be governed by the provisions of the Civil Code, the Act on the Provision of Electronic Services, and other generally applicable laws.
Art. 2
Types and Scope of Services Provided by Electronic Means
  1. The Service Provider is Drukomat.pl Sp. z o. o. with its registered office in Piła (64-920), ul. Wypoczynkowa 13, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań–Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register, under KRS number: 0000388587, NIP: 7642657656, REGON: 301763972.
  2. The Service Provider provides services by electronic means via the online printing house available at https://printendo.com (hereinafter: the Printing House).
  3. The Service Provider makes the Creator available to Users free of charge and for an indefinite period. The Service Provider reserves the right to disable the Creator at any time without stating reasons.
  4. The Service Provider provides electronic services in accordance with these Terms and Conditions.
  5. The Creator is an auxiliary tool intended for Users to create graphic designs intended for printing by the Service Provider via the Printing House.
  6. Due to its auxiliary nature, the Creator is intended to support the process of creating a graphic file and not to fully automate this process; therefore, Projects generated using it may contain errors, including errors related to print file preparation. For this reason, the User is obliged to verify before each use of a Project whether it meets all expectations as well as visual and technical requirements.
Art. 3
Requirements for Using the Creator
  1. For the proper functioning of the Creator, the following are required:
    • for desktop devices – operating system Windows 7 or newer or macOS 11 or newer; web browser Google Chrome, Mozilla Firefox, or Safari; Intel, AMD, or Apple Silicon processor; 4 GB RAM or more;
    • for mobile devices – the Service Provider does not guarantee proper operation of the Creator on any mobile devices.
  2. The Service Provider does not guarantee that, despite meeting the above requirements, the Creator will function on the device indicated by the User and shall not be liable for any lack of functionality or improper functioning of the Creator in such cases.
Art. 4
Scope of Permitted Use of the Creator and License Terms
  1. The Creator is used to generate Projects, being graphic files, from scratch or using other files, with the use of artificial intelligence.
  2. Use of the Creator requires registration in the Printing House as a User.
  3. The Creator is a free tool.
  4. As a result of using the Creator, the User obtains a Project constituting a graphic work, which may be used solely for placing a print order in the Printing House. The Service Provider stipulates that Projects created using the Creator may not be used for printing in other competing printing houses. The User is entitled to use the Project multiple times, but exclusively for ordering prints in the Printing House.
  5. No part of a Project (including content such as text, graphics, logos, icons, images, photos, audio files, video files, data files, presentations, software, and any other data) presented in the Creator may be reproduced or distributed in any form or by any means without prior consent of the Service Provider, except as provided in paragraph 4 above.
Art. 5
Restrictions on the Use of the Creator
  1. The User declares that they will not use the Creator for unlawful purposes.
  2. The User acknowledges that the Creator is a tool developed by a third party and is subject to the license terms available at https://create.vista.com/faq/legal/terms_and_conditions/terms_and_conditions/, which the User undertakes to comply with. These license terms may change; therefore, the User is obliged to review them before each use of the Creator. If it is not possible to review the license terms, including due to lack of knowledge of the English language, the User should refrain from using the Creator.
  3. The User undertakes not to use the Creator in a manner that could cause damage, operational issues, or other negative effects for other Users. Furthermore, the User undertakes not to interfere with or access other Users' data without authorization.
  4. The Creator may contain links to third-party websites. These links are provided solely for the User's convenience and do not constitute endorsement or approval by the Service Provider. The Service Provider does not guarantee their safety or compliance with User expectations.
  5. In addition, the User agrees to refrain from, in particular:
    • actions or omissions inconsistent with any applicable license terms;
    • use infringing intellectual property rights or violating applicable laws;
    • uploading third-party works without appropriate rights;
    • distributing malicious software;
    • commercial use beyond permitted scope;
    • misleading use suggesting affiliation with the Service Provider;
    • harassment or infringement of third-party rights;
    • publishing unlawful or offensive content;
    • distributing protected content without authorization;
    • distributing harmful software;
    • removing authorship or legal notices;
    • falsifying source information;
    • advertising or spam;
    • downloading unlawful content;
    • using Creator features for advertising purposes;
    • creating competing software based on the Creator.
Art. 6
Use of Third-Party Intellectual Property Rights
  1. The User undertakes to use in the Creator only works to which they hold appropriate intellectual property rights.
  2. The User guarantees that they hold all necessary rights for commercial use and that no third-party claims shall arise.
Art. 7
Disclaimer of Liability
  1. The Creator is managed by a third party, Crello Limited (operating as VistaCreate) with its registered office in Cyprus. The Service Provider has no control over the Creator's database and bears no liability in this regard.
  2. The User is responsible for verifying and adjusting Projects.
  3. The User is responsible for saving and archiving Projects.
Art. 8
User Liability
  1. The User acknowledges and accepts the risks associated with using the Creator.
  2. To the fullest extent permitted by law, the Service Provider shall not be liable for any damages.
  3. The User bears full responsibility for violations of these Terms and Conditions and related costs.
  4. The User acknowledges that proceedings may take place in the United States.
  5. The total liability of the User shall not exceed USD 5,000.
Art. 9
Copyright to Created Projects
  1. The User acknowledges that they do not acquire economic copyright to Projects created using the Creator, particularly those generated with artificial intelligence features.
Art. 10
Prohibition of Use by the Service Provider
  1. The Service Provider is not entitled to use Projects created by Users for marketing or promotional purposes, publish them, or distribute them in any way.
Art. 11
Complaint Procedure
  1. Users are entitled to submit complaints in writing.
  2. Complaints shall be processed within 30 days.
Art. 12
Processing of Personal Data
  1. Personal data is processed in accordance with the Privacy Policy.
  2. The User is responsible for the legality of data processing.
Art. 13
Final Provisions
  1. The Terms and Conditions are available free of charge on the Printing House website in a format allowing their download, saving and printing.
  2. The Service Provider reserves the right to amend these Terms and Conditions at any time without stating reasons, in particular in the event of changes in legislation, changes to the Creator's functionality or the manner of service provision. Users shall be informed of any changes to the Terms and Conditions by publishing the updated content on the Printing House website.
  3. These Terms and Conditions enter into force on [___].