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Terms

Terms of Service of photonesto.com (effective from May 1, 2022)

§ 1 General Provisions

  1. These terms of service (“Terms”) set out the terms and conditions for the provision of services by Codelane sp. z o. o. with its registered office in Kraków, at ul. Św. Filipa 23/4, 31-150 Kraków, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000775920, NIP: 6762569245, REGON: 38281072600000 (hereinafter referred to as ““Codelane” or alternatively “Service Provider”) of services consisting in making the photonesto.com platform available at the URL address “Service”) for use, as well as the rules of providing services by electronic means through the Service.

  2. The Terms specify in particular:

  3. Types and scope of services provided electronically;

  4. Conditions of providing services electronically;

  5. Technical requirements necessary for cooperation with the IT system used by the Service Provider;

  6. Prohibition of providing unlawful content by the user;

  7. Conditions for concluding and terminating agreements for the provision of electronic services;

  8. Complaint procedure.

  9. Enabling the use of the Service is a service provided electronically by Codelane to the User, under the terms specified in these Terms, available at .

  10. By ordering a service, the User confirms that they have read the terms and these Terms and accept them in full.

  11. The scope of services includes free and/or paid enabling of Service users to create galleries and private sessions presenting photos taken by the User for their clients, including the possibility of selling individual photos, prints, and other photo products (hereinafter: “Services”).

  12. Codelane may refuse to conclude an Agreement with entities conducting business competitive to Codelane.

  13. All copyrights to the Service belong to Codelane. All rights to individual elements of the Service, both graphic and technical, also belong to Codelane. Their use without written consent of Codelane is prohibited.

§ 2 Conclusion of the Service Agreement, Terms of Use

  1. Provision of Services in the form of access to the Service begins on the basis of an agreement (“Agreement”) concluded between Codelane and the entity intending to use the Service (“User”).

  2. The Agreement is concluded at the moment the User creates an account in the Service and accepts the Terms.

  3. Creating an account in the Service requires providing the following data: business name, first name, email address, password.

  4. The Agreement is concluded for an indefinite period.

  5. Codelane provides Users with access to the Service every day, around the clock, except for planned maintenance and technical breaks.

  6. Access to the Service is possible via the Internet (wired or wireless), using standard web browsers supporting JavaScript and cookies technology.

  7. Access to the Service is free of charge. Using the Service requires creating an account and logging in. Logging in requires entering the email address and password provided during registration.Publishing a gallery or private session, as well as selling selected photo prints, is a paid Service (hereinafter: The price the User pays for publishing a Gallery depends on the publication duration and is specified in the Price List available at (“Price List”). The price list for photo prints is available after logging into the Photographer Panel.

§ 3 Use of the Service

  1. The User who conducts a photo session shares photographs through the part of the Service called the photographer panel (“Photographer Panel”). Access to the Photographer Panel is possible by logging in with the data provided during registration at . The Photographer Panel allows creating galleries and private sessions presenting photographs taken by the User for their clients (hereinafter: “Gallery”).

  2. In the Photographer Panel, the User also specifies the Gallery name and the access key for the Gallery.

  3. Only persons who have obtained the access key to a given Gallery from the User are authorized to access the Gallery.

  4. The access key provides access only to those Galleries that contain photographs taken during the sessions of the User who published the Gallery.

  5. Logging into the Service by the User’s client is possible by entering the access key and pressing “ENTER”. After logging into the Service, the Gallery containing photographs taken during the User’s session will appear.

  6. The Gallery is stored in the Service for the period specified by the User when publishing the Gallery.

  7. In the Photographer Panel, the User also has the option to order prints of selected photographs. Details of the printing service are available after logging in.

§ 4 Payments

  1. For the provision of Services, the User is obliged to pay fees under the terms specified in the Price List. Changes to the Price List do not constitute changes to the Terms.

  2. The User makes payments in the Photographer Panel, using the Przelewy24 online payment service.

  3. The Przelewy24 service enables payments by credit card or fast bank transfer.

  4. The payment amount may be higher than the Gallery publication fee itself. In such cases, the excess amount is credited to the User’s balance in the Service.

  5. Upon receiving payment, Codelane issues a VAT invoice in electronic form, which is sent to the User’s email address provided during registration.

  6. The User consents to receiving electronic invoices from Codelane.

  7. The payment date is considered to be the date of crediting the amount to the Service Provider’s bank account.

§ 5 Trial Period

  1. Each new User of the Service is entitled to 1 (one) free trial period to test the functionality of the Service. The trial period lasts 14 days from the date of registration.

  2. During the trial period, the User may publish a maximum of 10 Galleries.

  3. Abuse of the trial period to avoid fees may result in the account being blocked or deleted.

§ 6 Promotions and Changes to the Offer

  1. Codelane has the right to change Service prices in the Price List, withdraw certain services, introduce new ones, and conduct and cancel promotional campaigns. This right does not affect Agreements concluded before the change, nor does it violate acquired rights.

  2. The duration of each promotion is limited.

  3. Only one promotion may be used per transaction.

§ 7 User Rights and Obligations

  1. The User is obliged to use the Service in accordance with these Terms, applicable law, and good practices.

  2. It is prohibited for the User to provide unlawful content or introduce content that could disrupt the operation of the Service.

  3. The User may only upload photographs of their own authorship. Any copying of another User’s content is prohibited.

  4. The User undertakes not to share their password with third parties, as referred to in § 2.

  5. The User may not, without prior written consent of Codelane, transfer the rights or obligations arising from the Agreement to third parties.

§ 8 Liability

  1. Codelane exercises due diligence to ensure the smooth and lawful functioning of the Service.

  2. In connection with the services provided to the User, the Service Provider is not liable for:

  3. consequences of the User using the Services and the Service in a manner contrary to generally applicable law or these Terms;

  4. consequences of the User’s infringement of copyrights or personal rights or any other rights of third parties;

  5. content, materials, photographs, etc. placed, stored, transmitted, published, or made available through the Service by Users;

  6. consequences of authorization information for accessing the Service being used by third parties, if obtained as a result of the User’s fault;

  7. non-performance or improper performance by the User or their client of obligations arising from the Agreement;

  8. temporary and unforeseeable Service outages resulting from, among other things, technical failures, maintenance, or circumstances beyond Codelane’s control;

  9. profits lost by the User;

  10. consequences of the User using information and software downloaded from the Internet.

  11. The Service Provider’s liability to the User is in any case limited to the amount of fees paid by the User for the Service during the last 12 months.

§ 9 Restrictions

  1. In case of suspected violation of the Terms or generally applicable laws by the User, the Service Provider has the right to block the use of Services until the matter is clarified and may remove content inconsistent with the law or the Terms.

  2. Codelane has the right to introduce additional restrictions on the use of the Service, including blocking access, in case of violation of the Terms.

  3. In the event of any third-party claims against Codelane related to the User’s use of the Service, the User undertakes to fully satisfy such claims and to indemnify Codelane.

§ 10 Withdrawal from the Agreement

  1. The User who is a consumer (within the meaning of Art. 22¹ of the Civil Code) (“Consumer”) has the right to withdraw from the Agreement within 14 days of its conclusion, without giving any reason.

  2. To exercise the right of withdrawal, the User must inform Codelane by sending an email to contact@codelane.tech.

  3. In the event of withdrawal, Codelane will refund all payments received from the User, no later than 14 days from the date of receiving the withdrawal notice.

  4. The right to withdraw from a distance contract does not apply to the Consumer in particular in the case of:

  5. Provision of services for which the Consumer is obliged to pay, if the Service Provider has fully performed the service with the Consumer’s express consent;

  6. contracts where the subject of performance is sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;

  7. contracts where the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control;

  8. contracts where the subject of performance is a non-prefabricated item, produced according to the Consumer’s specifications or serving to satisfy their individual needs;

  9. contracts where the subject of performance is an item that deteriorates quickly or has a short shelf life.

§ 11 Complaint Procedure

  1. The email address for sending inquiries and complaints is: contact@codelane.tech.

  2. A properly submitted complaint should contain at least the following data:

  3. Subject line marked as “Complaint”,

  4. identification of the User (including first name, last name, postal address, email address, phone number);

  5. description of the problem forming the basis of the complaint;

  6. photo documentation of the problem that is the subject of the complaint (if possible).

  7. Submitted complaints will be processed by Codelane promptly, no later than within 14 days from the date of receipt of the complaint.

§ 12 Termination of the Agreement

  1. Each party to the Agreement is authorized to terminate it with effect on the last day of the period for which the Galleries were purchased, otherwise with immediate effect.

  2. The notice of termination should be submitted by email to contact@codelane.tech.

§ 13 Dispute Resolution

  1. All disputes related to the Agreement shall first be resolved using amicable methods.

  2. Any court disputes shall be subject to the jurisdiction of the court competent for the seat of the Service Provider.

  3. In the event of a dispute with a User who is a Consumer, Codelane proposes first to use out-of-court dispute resolution methods.

§ 14 Final Provisions

  1. The User declares that they have read the Terms and the Privacy Policy, understand the content of these documents, fully accept them, and undertake to comply with them.

  2. Codelane has the right to unilaterally amend the Terms by publishing an updated version on the Service website. The User will be notified of changes by email at least 14 days before the changes take effect.

  3. The provisions of the Terms do not exclude any Consumer rights under mandatory legal provisions.

  4. In matters not regulated by these Terms, the relevant provisions of Polish law shall apply.