FORMTS INTERNET SERVICE REGULATIONS

Thank you for visiting our internet service available at the address https://formts.com/ (hereinafter referred to as "Internet Service", "Service", "formts.com").

The formula of this regulation assumes the establishment of general principles and conditions for using the Internet Service, in particular the principles and conditions under which the functionalities of the Internet Service will be used, inquiries will be made, and agreements concluded through the Internet Service will be executed.

These terms, in the event of a decision to use the Internet Service, regulate in particular the rules for using the Internet Service and its functionalities, including issues related to our liability.

I invite you to familiarize yourself with the regulations,

Damian Krychowski

GENERAL PROVISIONS

1. The owner of the Internet Service is Damian Krychowski conducting business under the name Damian Krychowski (registered office and address for service: ul. Marii Skłodowskiej-Curie 8/22, 42-400 Zawiercie, Poland), NIP: 6492262191, email address: office@formts.com (hereinafter referred to as the "Service Provider").
2. The regulations are addressed to all persons using the Internet Service, unless a provision states otherwise. The provisions of this Regulation are not intended to exclude or limit any rights of Consumers, as well as Businesses as Consumers, granted to them under mandatory provisions of law. In the event of inconsistency between the provisions of this Regulation and the above-mentioned provisions, priority shall be given to the latter.
3. The terms used in this Regulation mean:
   1. BUSINESS DAY - one day from Monday to Friday, excluding statutory holidays.
   2. BUSINESS AS A CONSUMER - a natural person for whom the use of the Internet Service (including entering into an Agreement) is directly related to their business activity, when it appears from the circumstances that it does not have a professional character for this person, particularly resulting from the subject matter of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
   3. ORDER FORM - an Electronic Service, an interactive form available on the Internet Service enabling the placing of an Order by the Service Recipient and specifying the conditions of the Agreement, in particular by selecting the Subscription Plan and clicking the action field.
   4. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
   5. CONSUMER - a natural person for whom the use of the Internet Service is not directly related to their business or professional activity.
   6. NEWSLETTER - an Electronic Service, an electronic distribution service provided by the Service Provider via email, allowing all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about FormTs Services, news, and promotions on the Internet Service.
   7. COPYRIGHT LAW - the Copyright and Related Rights Act of February 4, 1994 (Journal of Laws No. 24, item 83, as amended).
   8. REGULATION - this regulation of the Internet Service.
   9. INTERNET SERVICE, SERVICE, formts.com - an internet service operated by the Service Provider and available at the internet address formts.com
   10. SUBSCRIPTION AGREEMENT, AGREEMENT - an agreement for providing access to the FormTs Service concluded or to be concluded at a distance between the Customer and the Service Provider through the Internet Service.
   11. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Internet Service in accordance with the Regulation.
   12. USER, SERVICE RECIPIENT, CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; and (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Internet Service and entering into or intending to enter into an Agreement with the Service Provider.
   13. SERVICE PROVIDER - Damian Krychowski conducting business under the name Damian Krychowski (registered office and address for service: ul. Marii Skłodowskiej-Curie 8/22), NIP: 6492262191, email address: office@formts.com
   14. CONSUMER RIGHTS ACT - the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).
   15. ORDER - a declaration of will of the Customer submitted by means of the Order Form and directly aimed at placing an Order to conclude an Agreement with the Service Provider.
   16. SUBSCRIPTION PLAN, PLAN - the selected service tier (Free, Pro, or Enterprise) that determines the features, limits, and pricing for the Customer's use of the FormTs Service.
   17. FORMTS SERVICE - the web-based form creation and management service provided by the Service Provider, accessible through the Internet Service.
   18. AI TOKENS, CREDITS - digital credits purchased by the Customer that can be used to access AI-powered features such as form generation, form optimization, and other AI-based operations within the FormTs Service.

SUBSCRIPTION PLANS AND SERVICE ACCESS

1. To access the FormTs Service, the User should perform the following actions:
   1. create an account by providing an email address for magic link authentication or by using Google login integration
   2. verify their email address through the magic link sent to their email
   3. select a Subscription Plan (Free, Pro, or Enterprise)
   4. for paid plans, complete the payment process
   5. accept required agreements
   6. begin using the FormTs Service within the limits of their selected plan
2. In addition to Subscription Plans, Customers may purchase AI Tokens to access AI-powered features including:
   1. AI-assisted form generation
   2. Form optimization and suggestions
   3. Other AI-based operations and enhancements
3. The prices of Subscription Plans and AI Tokens displayed on the pages of the Internet Service are stated in USD. The Customer is informed of the total price of the Subscription Plan or AI Token package including applicable taxes no later than before expressing the intention to be bound by the Subscription Agreement or completing an AI Token purchase.
4. The Service Provider does not use an algorithm that adjusts prices based on automated decision-making.
5. The Service Provider envisages the possibility for the Customer to use discount codes provided by the Service Provider when making payments, which will reduce the final price in the shopping cart.
6. The Service Provider envisages the possibility of providing Customers with both time-limited and unlimited discount codes distributed as part of the Newsletter or promotional campaigns. The conditions for obtaining and using the discount code will be provided to Customers each time along with the provision of such code.
7. In case of informing the Customer about a price reduction of a Subscription Plan, alongside the information about the reduced price, the Customer is also informed about the lowest price of that Subscription Plan that was applicable during the 30 days prior to the reduction.
8. The Service Provider confirms to the Customer the conclusion of the Subscription Agreement by sending an appropriate email message containing confirmation of the conclusion of the Subscription Agreement and details about their selected Subscription Plan and associated limits. Upon receipt of the aforementioned email message by the Customer, the Subscription Agreement is concluded between the Customer and the Service Provider.
9. Regardless of the method of concluding the Subscription Agreement, in matters not regulated by the Customer with the Service Provider, these Regulations apply, and the Agreement is always concluded in accordance with universally applicable laws, in particular the Civil Code.
10. The content of the concluded Subscription Agreement is recorded, secured, and made available to the Customer by (1) making this Regulation available on the website of the Internet Service and (2) sending an email message to the Customer with confirmation. The content of the Agreement is additionally recorded and secured in the teleinformatics system of the Internet Service.

ACCOUNT CREATION AND AUTHENTICATION

1. To create an account on FormTs, the Customer must provide a valid email address.
2. The Customer can authenticate using one of the following methods:
   1. Magic link authentication - a secure login link sent to their email address
   2. Google OAuth integration - using their Google account credentials
3. Upon successful authentication, the Customer gains access to the FormTs Service according to their selected Subscription Plan.
4. The Customer is responsible for maintaining the security of their account and for all activities that occur under their account.
5. The Customer must immediately notify the Service Provider of any unauthorized use of their account or any other breach of security.

SERVICE USAGE AND LIMITATIONS

1. The FormTs Service allows Customers to create, manage, and receive submissions for dynamic forms using TypeScript code.
2. Each Subscription Plan has specific limitations regarding:
   1. Number of form submissions that can be received per month
   2. Available features and functionality
   3. Data retention policies
   4. Support level
3. Detailed information about the limitations and features of each Subscription Plan is available on the pricing page of the Internet Service.
4. When a Customer's monthly form submission limit is reached, no additional form submissions will be accepted until the next billing cycle begins or the Customer upgrades to a higher plan.
5. The Service Provider reserves the right to suspend or terminate access to accounts that violate these terms or use the service in a manner that could harm the service or other users.

AI TOKENS AND AI-POWERED FEATURES

1. AI Tokens are digital credits that allow Customers to access AI-powered features within the FormTs Service.
2. AI Token consumption varies depending on the complexity and type of AI operation performed. Token usage is calculated and deducted from the Customer's account after the AI operation is completed, reflecting the actual computational resources consumed.
3. AI Tokens are purchased separately from Subscription Plans and expire 1 year after the date of purchase. Unused tokens will be forfeited after this expiry period. AI Tokens are non-transferable and non-refundable once consumed.
4. When a Customer's AI Token balance reaches zero, AI-powered features will become inaccessible until additional tokens are purchased.
5. The Service Provider reserves the right to modify AI Token pricing and consumption rates with reasonable notice to Customers.
6. AI-powered features are provided "as is" and the Service Provider does not guarantee the accuracy, completeness, or suitability of AI-generated content for any particular purpose.
7. Customers are responsible for reviewing and validating any AI-generated forms or content before use.

SUBSCRIPTION BILLING AND UPDATES

1. Paid Subscription Plans are billed on a recurring basis (monthly or annually, as selected by the Customer). Subscriptions automatically renew at the end of each billing period unless cancelled by the Customer. To cancel automatic renewal, the Customer must cancel their subscription through the account settings or by contacting office@formts.com before the renewal date.
2. The Service Provider may provide service updates and new features at its discretion, which will be made available to Customers according to their Subscription Plan.
3. Customers may upgrade or downgrade their Subscription Plan at any time. Changes take effect at the next billing cycle unless otherwise specified.
4. For plan downgrades, if the Customer's current usage exceeds the limits of the new plan, access may be restricted until usage falls within the new plan's limits.

METHOD AND DEADLINE OF PAYMENT FOR SUBSCRIPTION PLANS AND AI TOKENS

1. The Service Provider provides the Customer with the following payment methods for the Agreement:
   1. Online payment methods available: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro and others (via Stripe.com)
   2. Payment by bank transfer to the Service Provider's bank account.
   3. In the case of the Customer's desire to use the option of making payment by bank transfer the Customer is obliged to express their desire to use such payment option to the following email address of the Service Provider office@formts.com. Based on the received notification, the Service Provider, within 3 days from the date of its receipt, will issue a proforma invoice and send it back to the Customer with all payment details. After the Customer makes the payment and it is credited to the Service Provider's bank account, the Service Provider, within 3 days from the date of crediting the funds to the bank account, will grant the Customer access to the purchased subscription and send a purchase confirmation to the email address provided by the Customer in the form of a VAT invoice.
2. Payment term: In the case of the Customer choosing electronic payments for subscription plans, the Customer is obliged to make the payment according to the billing cycle of their selected plan (monthly or annually). For AI Token purchases, payment is required immediately upon placing the order.

RESPONSIBILITY

1. The FormTs Service is offered "as is" which means that the user uses it at their own risk. FormTs is not liable for any damages to the user or third parties resulting from the use of the services. Additionally, the Service Provider is not responsible for the inability to create, store, or process forms and form submissions, as well as for the damage or loss of data, information, or content contained in the User's forms or submissions. The limitation of liability referred to in this point does not apply if the liability for the damage is caused intentionally or through gross negligence by FormTs. In the event that FormTs is liable for damages under applicable law, the total liability of FormTs to the Service Recipient for any claims arising from the use of the Services will not exceed in total the amount the Customer paid for their subscription in the 12 months preceding the claim.
2. The Customer is obligated to release FormTs from any claims, incidents, liabilities, damages, and costs arising from their use of the Service or violation of the provisions of the Regulations. This includes claims by third parties related to forms, form content, or data collected through forms created by the Service Recipient.
3. The limitations of liability in this section do not apply to the extent prohibited by applicable mandatory law, including consumer protection regulations.

OPINION ISSUING MECHANISM

1. The Service Provider contacts Customers who have used the FormTs Service through remote electronic communication tools provided as contact details by the Service Recipients to obtain feedback on the services provided.
2. The Service Provider then publishes selected reviews from actual Customers on its website with their consent.

COPYRIGHTS TO THE SERVICE PROVIDER'S CONTENT

1. Content and materials provided both as part of the FormTs Service and the Newsletter may be subject to Copyright (work). The Customer's use of the Service Provider's content constituting a work within the meaning of Copyright Law and therefore subject to Copyright protection is possible only for non-commercial purposes, for the Customer's own use, within the scope specified in these Regulations and Copyright laws.
2. The Customer does not acquire any copyrights to any content and materials displayed, reproduced, or otherwise provided to the Customer as part of the FormTs Service. The Customer is expressly prohibited from recording such content and materials by any means, as well as distributing and trading them in any form. The Customer has no right to copy the content and materials provided to them except in cases permitted by absolute law.
3. Copyrights and intellectual property rights to the Internet Service as a whole and its individual elements, including content, graphics, works, designs, and marks available within it, belong to the Service Provider or other authorized third parties and are protected by Copyright and other universally applicable laws. The protection granted to the Internet Service includes all forms of their expression.
4. Trademarks of the Service Provider and third parties should be used in accordance with applicable law.
5. In case of any doubts, it is assumed that the Service Recipient using the Internet Service does not acquire any copyrights to the materials (including text and graphic content) to which they gain access while using the Electronic Services.

ELECTRONIC SERVICES AVAILABLE ON THE INTERNET SERVICE

ORDER FORM

1. The use of the Order Form begins when the Service Recipient selects a Subscription Plan or AI Token package on the Internet Service. Placing an Order occurs after completing two consecutive steps – (1) filling out the Order Form available after selecting the Subscription Plan or AI Token package and clicking the "SUBSCRIBE" or "PURCHASE" button and (2) clicking the action field – up to this point, there is the possibility of independently modifying the entered data (for this purpose, follow the displayed messages and information available on the website).
2. The Electronic Service Order Form is provided free of charge and is one-time. The use of the Order Form ends with the placement of an Order through it or earlier.

NEWSLETTER

1. The use of the Newsletter occurs after providing an email address in the Newsletter section visible on the Internet Service's website, where subsequent editions of the Newsletter are to be sent, selecting the statement consenting to receiving commercial information, familiarizing oneself with the provisions of the Privacy Policy and Regulations, and clicking the action field.
2. In connection with using the Newsletter, the Customer provides their data to the Service Provider in exchange for digital materials received from the Service Provider, and for this reason, the Customer does not incur any monetary fee.
3. If the Customer would like to receive information and materials provided as part of the Newsletter but does not want to provide their data to the Service Provider, they should express this need using one of the communication means provided by the Service Provider. In such a situation, the Service Provider envisages the possibility of providing the Customer with materials sent as part of the Newsletter for a fee of EUR 30.00, in a manner agreed upon by the Parties.
4. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the option to unsubscribe from the Newsletter (opt-out of the Newsletter) at any time and without giving a reason by sending a relevant request to the Service Provider, especially via email to the address: office@formts.com.
5. Any complaints or other reports regarding the Electronic Services and the operation of the Internet Service can be submitted electronically to the Service Provider's email address: office@formts.com. The Service Recipient should provide their contact details and briefly present the information regarding the reported technical problem or other irregularity. The Service Provider undertakes to respond to the received report within 14 calendar days from the date of its receipt.

CONTACT WITH THE SERVICE PROVIDER

1. The primary form of current distance communication with the Service Provider is electronic mail (e-mail: office@formts.com), through which information regarding the use of the Internet Service can be exchanged with the Service Provider. Service recipients may also contact the Service Provider through other legally permissible means, using the contact details provided at the beginning of the Regulations.
2. The Service Provider also provides the opportunity for communication via telephone number: +48 732 135 562

COMPLAINTS

1. The basis and scope of the Service Provider's liability towards the Service Recipient if the FormTs Service is not in conformity with the concluded Agreement are determined by the generally applicable provisions of law, in particular in the Civil Code.
2. Any complaints regarding Agreements concluded with the Service Provider can be submitted directly to the Service Provider, for example via electronic mail (e-mail: office@formts.com).
3. The Service Provider recommends providing in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the expectations of the Service Recipient; and (3) contact details of the complainant – this will facilitate and expedite the handling of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description, but they may influence the Service Provider's final decision on the assessment of the validity of the submission.
4. The Service Provider shall address complaints promptly, no later than within 14 calendar days from the date of receipt.

LEGAL RIGHT TO WITHDRAW FROM THE AGREEMENT

1. This point of the Regulations and the provisions contained therein apply to Service Recipients who are Consumers.
2. The Consumer shall not have the right to withdraw from a distance contract for the provision of services for which the Consumer is obligated to pay a fee, if the Entrepreneur has fully performed the service with the Consumer's express and prior consent, and the Consumer was informed, prior to the commencement of the service, that they would lose the right to withdraw from the contract upon full performance by the Entrepreneur and acknowledged this fact. Furthermore, the right to withdraw from a distance contract does not apply to contracts for the supply of digital content not delivered on a tangible medium, for which the Consumer is obligated to pay a fee, if the Entrepreneur has commenced the service with the Consumer's express and prior consent, and the Consumer was informed, prior to the commencement of the service, that they would lose the right to withdraw from the contract upon the Entrepreneur's performance and acknowledged this fact.
3. Subject to point 12 clause 2 of the Regulations, the Consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs. To meet the deadline, it is sufficient to send a statement to the Service Provider before the expiry of the deadline in accordance with the contact details provided at the beginning of the Regulations. The Consumer may use the withdrawal form template, which constitutes Annex No. 2 to the Consumer Rights Act, but this is not mandatory.
4. The period for withdrawal from the Agreement begins on the day of concluding the Agreement.
5. The provisions concerning the Consumer contained in this point 10 of the Regulations apply from January 1, 2021, and for agreements concluded from that date also to the Service Recipient being a Company with Consumer Rights.

REFUND POLICY

1. For Consumers exercising their right to withdraw within 14 days of subscription purchase, a full refund will be issued within 14 days of receiving the withdrawal notice.
2. If the Consumer has expressly requested the service to begin during the withdrawal period, the Consumer will be charged a proportional amount for the service provided up to the point of withdrawal.
3. AI Tokens that have been consumed cannot be refunded. Unused AI Tokens purchased within 14 days may be refunded upon exercising the right to withdraw.
4. Refunds are processed using the same payment method used for the original purchase within 14 days of the refund request being approved.

OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND ENFORCING CLAIMS

1. This point 13 of the Regulations and the provisions contained therein apply only to Service Recipients who are Consumers, from January 1, 2021, and for agreements concluded from that date not also being a Company with Consumer Rights.
2. Detailed information on the possibilities for the Consumer to use out-of-court methods of handling complaints and enforcing claims, as well as the rules for accessing these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
3. The Consumer has the following example options for using out-of-court methods of handling complaints and enforcing claims: (1) submitting an application for dispute resolution to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) submitting an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Service Provider); and (3) assistance from the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumer Association).
4. The internet platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from contracts concluded online.

ADDITIONAL PROVISIONS

1. This point 14 of the Regulations and all provisions contained therein are addressed and therefore binding exclusively on Service Recipients who are not Consumers, from January 1, 2021, and for agreements concluded from that date not also being a Company with Consumer Rights.
2. The Service Provider has the right to suspend or terminate the subscription concluded with the Service Recipient within 14 calendar days from the date of its conclusion. Suspension or termination of the subscription in this case may occur without stating a reason and does not give rise to any claims on the part of the Service Recipient against the Service Provider.
3. Any delays or failures to fulfil the conditions of the agreement by the Service Provider shall not constitute grounds for the Client to withdraw from the agreement or claim compensation for incurred losses or other equivalent payments, if the non-performance or improper performance of the agreement was caused by factors for which the Service Provider is not responsible and to which the Service Provider did not contribute.
4. The Service Provider shall not be liable to the Client for damages and non-performance of obligations resulting from force majeure events (e.g., hacker attacks, natural disasters, epidemics, wars, riots, floods, fires) or any other reasons beyond the reasonable control of the Service Provider.
5. For disputes arising between the Service Provider and Service Recipients who are not Consumers (and not a Business as a Consumer), the courts of Poland having jurisdiction over the Service Provider's registered office shall have exclusive jurisdiction, and Polish law shall apply to the exclusion of conflict of law rules.

FINAL PROVISIONS

1. Agreements concluded through the Internet Service are made in the English language.
2. The Service Provider reserves the right to make changes to the Regulations for valid reasons, namely: changes in legal provisions; changes in methods and terms of payment; changes in the scope of services provided; addition or removal of services; changes in subscription plans and pricing – to the extent that these changes affect the implementation of the provisions of these Regulations.
   1. Changes to the Regulations shall not in any way infringe upon the vested rights of Service Recipients before the effective date of the changes to the Regulations, in particular changes to the Regulations shall not affect orders already placed or submitted, and agreements concluded, executed, or performed.
3. Matters not regulated by these Regulations shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; Copyright Law, and other relevant provisions of universally applicable law.

Thank you for your careful reading!

If you have any questions, I am always at your disposal – please contact me using the data provided at the beginning.

I invite you to cooperation,

Damian Krychowski