This is an English translation provided for convenience. The Polish version (Regulamin serwisu) is the binding one; in case of any discrepancy the Polish version prevails.
These Terms set out the rules for using the KCD Studio website and for providing services by electronic means, in accordance with the Act of 18 July 2002 on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną).
§ 1. Definitions
- Service Provider - Dawid Maciaszek, a natural person who runs the Site and offers services under the KCD Studio brand, place of residence: Warszawa, address: ul. Synów Pułku 12/82, 01-354 Warszawa, e-mail: kontakt@kcdstudio.com. “KCD Studio” is a trade name (brand), not the name of a company or of a separate legal entity.
- Useme - the useme.com platform operated by Useme sp. z o.o., registered in Wrocław (ul. Świdnicka 12-16, 50-068 Wrocław), KRS 0000467478 (National Court Register number), through which agreements for Projects are concluded and settled.
- Site - the website at the kcdstudio.com domain, including its subpages, run by the Service Provider.
- User - any person using the Site.
- Form - the contact form available on the Site.
- Project - work carried out to order (e.g. a website, an application, an integration) under a separate agreement, as referred to in § 3.
- Client - a person or entity commissioning a Project.
- Consumer - a consumer within the meaning of Art. 22¹ of the Civil Code (Kodeks cywilny).
- Entrepreneur with consumer rights (przedsiębiorca na prawach konsumenta) - a natural person concluding an agreement directly related to their business activity, where it follows from the content of that agreement that it is not of a professional nature for them, as indicated in particular by the subject of their business activity, made available under the rules on the Central Registration and Information on Business (CEIDG) (Art. 385⁵ of the Civil Code).
§ 2. Services provided by electronic means
- Through the Site, the Service Provider provides the following services free of charge: a) making the content of the Site available; b) the Form, i.e. enabling the User to send an enquiry to the Service Provider.
- The agreement for making the content available is concluded when the User enters any page of the Site and terminates when the User leaves the Site. The agreement for the Form service is concluded when the User clicks the “Send message” button and terminates when the message is delivered to the Service Provider.
- The User may stop using the services at any time, without giving a reason and at no cost, by leaving the Site or by not sending the Form. The Service Provider may stop providing the free services (e.g. switch off the Form or the Site); this does not affect the handling of enquiries and complaints submitted earlier.
- Information on the Site, including package prices, is for information only and does not constitute an offer within the meaning of Art. 66 of the Civil Code. Prices are indicative (“from”), given as net and gross amounts (with VAT, currently 23%), and do not include fees for third-party licences and services unless the quotation states otherwise. The binding price is the one given in the quotation and the agreement. In a quotation for a Consumer we state the gross price.
- Sending an enquiry and receiving a quotation is free of charge and does not oblige either party to conclude an agreement. The Service Provider may refuse to prepare a quotation or to enter into cooperation. Response and quotation times given on the Site are indicative and depend on the completeness of the information received and the complexity of the project.
- Quotations and proposals sent by the Service Provider (by e-mail or otherwise) are for information only and do not constitute an offer within the meaning of Art. 66 § 1 of the Civil Code. A reply to a quotation, including its acceptance by e-mail, does not result in an agreement being concluded. An agreement for a Project is concluded only in the way described in § 3.
§ 3. Carrying out Projects and settlements
- An agreement for a Project is concluded separately, solely through the Useme platform and under the terms of the Useme rules, after the scope, deadline and fee have been agreed. Under those rules the Client concludes an agreement with Useme, and the Service Provider performs the work under an agreement concluded with Useme.
- A VAT invoice for the full amount of the order is issued to the Client by Useme, which also settles the Service Provider’s fee.
- The scope, schedule, method of acceptance and other arrangements for the Project are entered in the order description or in the messenger on the Useme platform.
- Economic copyrights to works created as part of the Project (or a licence, if so agreed) pass to the Client on the terms and at the time set out in the Useme rules, i.e. after acceptance of the order and payment of the fee. Neither the transfer nor the licence covers open source software or other third-party components (e.g. modules from ERP system vendors) which the Client uses under their licence terms, or the Service Provider’s tools that existed before the order or were created independently of it; the scope of the Client’s rights to such tools is set out in the agreement for the Project.
- If carrying out the Project requires the Service Provider to process personal data of which the Client is the controller (e.g. data from ERP, CRM or online store systems), before that data is made available the parties conclude a data processing agreement compliant with Art. 28 of the GDPR (RODO). Where possible, the work is carried out on test or anonymised data.
- The rules on acceptance, complaints, liability and payment for the Project are set out in the agreement concluded through Useme and in the Useme rules; in these matters they take precedence over these Terms. The provisions of this paragraph do not limit the rights of Consumers or Entrepreneurs with consumer rights arising from mandatory provisions of law.
§ 4. Technical requirements
To use the Site you need: a device with internet access, an up-to-date web browser with JavaScript enabled and, to send an enquiry, an active e-mail address. Some visual effects require WebGL support; without it the Site works in a simplified version.
§ 5. Rules of use, security and liability
- The User uses the Site in accordance with the law and good practice.
- It is prohibited to send unlawful content, including offensive content, and to take actions that could disrupt the operation of the Site.
- Using services provided by electronic means involves risks typical of the internet, in particular malware, data phishing, impersonation of the Service Provider and interception of unencrypted e-mail. Payments for Projects are settled solely through the Useme platform (useme.com), so you should not make payments to accounts given in other messages, and if in doubt it is worth confirming the instruction at kontakt@kcdstudio.com. We recommend using an up-to-date browser, operating system and antivirus software.
- A message from the Form is sent over an encrypted connection (HTTPS) and passed to the Service Provider through external service providers (hosting, a tool for receiving enquiries, e-mail) referred to in the Privacy Policy. Do not send passwords, API keys, access credentials to systems (e.g. ERP, store, server), trade secrets or special categories of data through the Form or by ordinary e-mail. Access needed to carry out a Project is provided after the agreement is concluded, in an agreed and secure way.
- The Site does not install software on the User’s device. The browser downloads and runs the page code (animations, 3D/WebGL graphics, Form handling) and may keep its files in a cache, which can be cleared at any time in the browser settings. Information on cookies is in section 7 of the Privacy Policy.
- Descriptions of services, of the cooperation process and of packages, and statistics, present the typical scope of cooperation in a simplified form. The scope of work, deadlines, price, technical parameters, support rules (including any availability hours and response times) and the rules on the transfer of copyright in a particular Project are set out in the quotation and in the agreement concluded through Useme. If the quotation differs from the description on the Site, the Service Provider points this out in the quotation. For Users who are not Consumers or Entrepreneurs with consumer rights, only the quotation and the agreement are binding.
- The systems conversation window in the “Integrations” section is an animated visualisation. The data shown in it (order and document numbers, products, amounts and stock levels) is sample data, generated by a script in the User’s browser and does not come from any client’s system.
- The content of the Site is not technical, legal or tax advice on the situation of a particular User. Whether and how integration with a particular system (e.g. ERP) is possible is confirmed by the Service Provider after analysing the needs, in the quotation.
- The Service Provider makes an effort to ensure the Site and the Form work correctly, but, given the free nature of these services, does not guarantee their uninterrupted availability. Access may be temporarily restricted, in particular due to maintenance work, failures, actions of the hosting provider or an attack on the Site.
- If, within 2 working days of sending the Form, the User does not receive a reply or the Form does not work, please contact us directly at kontakt@kcdstudio.com, as the message may not have arrived for technical reasons.
- The Site may link to third-party sites (e.g. useme.com, uodo.gov.pl). The Service Provider has no influence on their content; their use is subject to the rules of their operators.
- Towards Users who are not Consumers or Entrepreneurs with consumer rights, the Service Provider is liable for damage related to the use of the free services of the Site, to relying on the information published on it or to its temporary unavailability, including lost profits, only in the case of wilful misconduct or gross negligence. Towards Consumers and Entrepreneurs with consumer rights the Service Provider is liable under the general rules, and the preceding sentence does not apply to them.
§ 6. Copyright and trademarks
- The layout, content, graphics, animations and code of the Site are protected by copyright. The rights to them belong to the Service Provider or to the persons who created them and allowed the Service Provider to use them. The Site also uses libraries and fonts made available by their authors under open source or free licences (including three.js, GSAP, Lenis, Inter, Space Grotesk, JetBrains Mono); the rights to them belong to their authors. Copying and distributing elements of the Site without the consent of the rightholder is prohibited, except where permitted by law, in particular permitted use (dozwolony użytek) under copyright law.
- Names of third-party programs, platforms, technologies and services used on the Site (including Subiekt GT, Subiekt nexo, Sfera, Rewizor, Gratyfikant, Comarch ERP Optima, Comarch ERP XL, enova365, Symfonia, WAPRO, SAP Business One, Allegro, BaseLinker, InPost, Cloudflare, TypeScript) may be trademarks of their owners. They are used for information only, to indicate the systems and technologies with which custom-made solutions can work or in which they can be built. The Service Provider is not a partner, authorised representative or affiliate of the owners of these marks, and they do not sponsor, certify or recommend its services.
§ 7. Complaints
- Complaints about services provided by electronic means under the Terms (the operation of the Site or the Form) can be sent to kontakt@kcdstudio.com.
- A complaint should include an e-mail address for the reply and a description of the problem and, where possible, also the date, the address of the page and the type of device and browser. If information needed to consider the complaint is missing, the Service Provider will ask for it to be supplied.
- The Service Provider considers a complaint within 14 days of receiving it and sends the reply to the e-mail address given in the complaint.
- Reservations and complaints about Projects (including acceptance, defects and corrections), as well as about payments and invoices, are submitted in the manner and within the time limits set out in the agreement concluded through Useme and in the Useme rules, through the useme.com platform. An e-mail sent to the Service Provider does not replace a submission on the Useme platform and does not affect the time limits provided for there. A copy of the submission can also be sent to kontakt@kcdstudio.com.
- The provisions of this paragraph do not limit the rights of Consumers or Entrepreneurs with consumer rights arising from mandatory provisions of law.
§ 8. Personal data
The rules for processing personal data are described in the Privacy Policy.
§ 9. Final provisions
- The Terms are available free of charge on the Site in a form that allows them to be downloaded, saved and printed.
- The Service Provider may amend the Terms only for the following important reasons: a) a change in the law, a court ruling or a decision of an authority affecting the content of the Terms; b) a change in the scope or manner of providing services on the Site, including a change of hosting provider or of the Form handling tool; c) a change in the Service Provider’s details or in the form of the business; d) the need to remove ambiguities or typing errors, or to prevent abuse and security threats. The amended Terms apply from the date stated with their text, not earlier than the date of publication, and do not apply to enquiries sent or complaints submitted before that date; such complaints are considered under the previous wording.
- Matters not regulated here are governed by Polish law, in particular the Civil Code and the Act on Providing Services by Electronic Means. The choice of Polish law does not deprive a Consumer of the protection granted by provisions that cannot be excluded by agreement under the law of the country of their habitual residence. The provisions of the Terms do not exclude or limit the rights of Consumers or Entrepreneurs with consumer rights arising from mandatory provisions of law.
- A User who is a Consumer can obtain free assistance, including legal advice, from, among others, a municipal (county) consumer ombudsman or a consumer organisation. Using out-of-court dispute resolution is voluntary and requires the consent of both parties. In matters concerning agreements and payments concluded through Useme, the Useme rules on complaints and dispute resolution may also apply.
- The Terms apply from the date stated at the beginning of the document (“Effective from”). The Service Provider makes previous versions of the Terms available on request sent to kontakt@kcdstudio.com.