Terms of service

Updated: March 21, 2024

1) ABOUT US

  • 1. Cutt.ly (cutt.ly) is owned by PATRYK RUMIŃSKI, doing business as WEB ROOM STUDIO PATRYK RUMIŃSKI from its principal place of business in Gdańsk, registered with the Polish Central Business Records and Information Service maintained by the minister in charge of economic affairs, whose business address and the address for service is ul. Śląska 15A/9, 80-384 Gdańsk, tax identification number: (NIP/VAT-EU) PL7431817809, business identification number: REGON 220981298, e-mail address: [email protected] (hereinafter “the Service Provider”).
  • 2. The Service Provider operates the Website and is responsible for the proper provision of the Website’s Electronic Services. In addition to the Service Provider, the Website features Customers, i.e. third parties independent of the Service Provider who can use the Website’s Electronic Services via the Website.
  • 3. Personal data processed on the Website to implement the provisions hereof is administered by the Service Provider. Such personal data is processed for the purposes, for the duration, and based on the principles and rules specified in the privacy statement published on the Website. Among other things, the privacy statement lays down how personal data is processed by the Administrator on the Website, including the framework, purposes, and processing duration of personal data and the rights of data subjects, as well as informs on what cookies and analytical tools are used on the Website. Use of the Website is voluntary. Disclosure of personal data by the Website’s user is also voluntary, save for the exceptions indicated in the policy statement (signing the contract and the Service Provider’s statutory obligations).

2) DEFINITIONS

  • 1. The definitions used throughout these Regulations have the following meanings:
    • a. DIGITAL SERVICES ACT, ACT – Regulation of the European Parliament and of the Council (EU) 2022/2065 of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (Official Journal of the European Union L 277, 27.10.2022, p. 1–102).
    • b. LINK ANALYTICS / CLICK STATISTICS – An Electronic Service, a functionality of the Account in the Web Service, which allows the User to track and analyze aggregate and anonymized data regarding the traffic generated by shortened links, including, but not limited to: the number of clicks, referring domain names, device names, operating system names, browser names, languages, countries of origin of the clicks.
    • c. SURVEYS – An Electronic Service, a functionality of the Account on the Online Service that allows the User to create surveys directed to recipients chosen by them.
    • d. SUBSCRIPTION – paid access to the subscription-based Premium Account as set out in the terms and conditions of the App Regulations and the Pricelist.
    • e. BLOG – an Electronic Service, a web blog available on the Website to its Customers which contains articles describing how shortened links can be used in practice.
    • f. PRICELIST – a pricelist for the use of the Website’s functionalities by Sellers, which is attached to these Regulations.
    • g. WORKING DAY - one day between Monday and Friday, save for public holidays.
    • h. CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
    • i. ACCOUNT – an Electronic Service, a collection of resources in the Service Provider’s data communication system where data provided by the Customer and information on Shortened Links is gathered, identified with an individual name (login) and password assigned by the Service Provider.
    • j. LINK-IN-BIO – an Electronic Service, a functionality of the Account on the Online Service that allows the User to create a microsite with a compilation of links for their social media bio or presentation page.
    • k. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with the law of the European Union or with the law of any member state that is consistent with European Union law, regardless of the specific subject or nature of that law.
    • l. QR CODES – an Electronic Service, a functionality of the Account in the Online Service that allows the User to create QR codes for short links and, depending on the subscription, modify these codes in terms of appearance, color scheme, and adding a logo or graphics.
    • m. REGULATIONS – these Website Regulations.
    • n. WEBSITE, SITE, CUTT.LY – Service Provider’s website available on https://cutt.ly along with associated domains: cutt.bio.
    • o. LINK SHORTENING – an Electronic Service enabling all Customers to reduce the length of the selected link.
    • p. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Website as set forth herein.
    • q. USER, CUSTOMER – an individual having full legal capacity and, where so stipulated under generally applicable laws, also an individual with limited legal capacity who uses or is going to use an Electronic Service.
    • r. SERVICE PROVIDER – PATRYK RUMIŃSKI, doing business as WEB ROOM STUDIO PATRYK RUMIŃSKI from its principal place of business in Gdańsk, registered with the Polish Central Business Records and Information Service maintained by the minister in charge of economic affairs, whose business address and the address for service is ul. Śląska 15A/9, 80-384 Gdańsk, Poland, tax identification number: (NIP/VAT-EU) PL7431817809 , REGON: 220981298, phone: 48660409707, e-mail address: [email protected].
    • s. CONSUMER RIGHTS ACT, ACT – Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).

3) ABOUT CUTT.LY

  • 1. Cutt.ly is a portal that makes it possible for Customers, among other things, to shorten links referring to other webpages, to manage their links, to follow click statistics and to optimize their links by changing their name or address, as well as to add their own domains and create short links within such domains. The Website’s functionalities are listed in detail on: https://cutt.ly/pro-pricing or https://cutt.ly/url-shortener-features.
  • 2. The web service is available as a SaaS (Software-as-a-Service) model, which means providing digital tools as an online service.

4) GENERAL TERMS AND CONDITIONS FOR USE OF THE WEBSITE

  • 1. The Customer is obligated to use the Website in a legitimate way and in accordance with good manners while respecting the Service Provider’s and third parties’ personality rights, copyrights, and intellectual property rights. The Customer is obligated to provide his or her actual details. The Customer is not permitted to provide any illegitimate content.
  • 2. The Service User may not use the Service and its services in a manner that violates the law, good manners, these Regulations, the copyright and intellectual property rights of the Service Provider, other Service Users, or third parties, nor in a way harmful to the Service User, his brand, or reputation. The above also applies to content published by Service Users on their pages, which they use the services of the Service for.
  • 3. The Service User is obligated to refrain from the following prohibited practices: collecting sensitive data (special category personal data as mentioned in Article 9 of the GDPR), particularly through Surveys, sending emails to their users (including team invitations) without their consent, publishing content that infringes anyone's copyright or intellectual property, publishing obscene content, slander, pornographic, racist content, content containing harmful software, fraudulent activities, privacy violations, impersonation, using the Service or its services for illegal purposes such as hacking or phishing, activities disrupting the operation of the Service, automatic form filling, activities harmful to: employees, representatives, the business, reputation, or value of the Service Provider's enterprise, restricting the use of the Service or its services by other Service Users.
  • 4. Technical requirements for using the Service Provider’s data communication system: (1) computer, laptop, tablet, smartphone, or any other multimedia device with Internet access; (2) an up-to-date version of an internet browser: Mozilla Firefox, Opera, Google Chrome, Safari, Microsoft Edge; (3) cookies and Javascript enabled in the web browser.
  • 5. The Service Provider complies with article 14 clause 1 of the Provision of Electronic Services Act of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended) whereby who, making available resources of its data communication system for the customer to store his or her data, is not aware of the illegitimacy of such data or any related activity and prevents access to such data after being officially notified of or becoming aware of the illegitimacy of such data or any related activity shall not be held liable for such stored data.
  • 6. The Service Provider reserves the right to monitor, filter, and block in the Service any traffic that exhibits characteristics of unnatural, artificial, or potentially harmful activity for the stability and security of the service, including, in particular, spam. The Service Provider undertakes these actions in accordance with the best industry practices to ensure the quality of the service and protection against potential threats.
  • 7. To the extent referred to in point 4.6, the Service Provider may apply verification mechanisms such as CAPTCHA, as well as introduce authenticity verification mechanisms of traffic, such as CAPTCHA tests or other forms of verification. The purpose of these actions is to distinguish authentic users from potentially harmful traffic sources.
  • 8. A Service User who does not pass the verification conducted based on point 4.7 may experience temporary limitations in accessing some functionalities of the Service until they successfully complete the verification. The above constitutes a standard procedure in the industry of services provided by the Service, aimed at ensuring the safety and quality of the provided services.

5) ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE

  • 1. Every Customer can use the Website as set forth herein.
  • 2. The Customer can use the following of the Website’s Electronic Services:
    • a. Blog
    • b. Account
    • c. Newsletter
    • d. Link shortening and management of shortened links
    • e. Surveys
    • f. Link-in-bio
    • g. QR codes
    • h. Link Analytics / Click Statistics
  • 3. A detailed description of the Electronic Services and how to use them can be found herein and on the Website.
  • 4. Where not specified otherwise on the Website, Customers use the basic features of the Electronic Services free of charge. Subscription-based options are available against payment, which is in each case specified on the Website.

6) BLOG

  • 1. The Blog available on the Website can be used free of charge and accessed by every Customer.
  • 2. The mere browsing of the Blog is possible once you enter the appropriate tab of the Website.
  • 3. The Customer can, at any time and without having to state the reason therefor, stop browsing the Blog by closing the web browser.

7) ACCOUNT

  • 1. Account – the Account can be used after all of the following three steps are made by the Customer: – (1) the Registration Form is completed, (2) the Create Account field is clicked; and (3) the willingness to open an Account is confirmed by clicking the confirmation link automatically sent to the designated e-mail address. The Customer has thirty days to confirm the creation of the Account; upon expiry of this period, his or her details will be deleted. In the Registration Form, the Customer has to fill in the following of his or her details: e-mail address and password. The registration is also possible by using your Facebook, Twitter and Google login data.
  • 2. The Electronic Service Account is provided free of charge for an indefinite period. The Service User has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, particularly by going to the account settings and clicking the 'Delete account' button. The Account will be added to a 14-day deletion cycle, during which time the Service User may revoke their decision. After 14 days, if the decision is not revoked, the Account is permanently deleted along with all data and links.
  • 3. Use of the basic features of the Account is available free of charge. The Link Shortening Service is also available in a free version (referred to as a Free Account). Use of the additional options offered on the Website is available against payment and is possible after the Subscription is bought as set forth in the Pricelist. The Subscription is a service delivered by the Service Provider to the Customer for an indefinite period of time. Depending on the Customer’s selection, the billing period is either one month or one year starting from the date on which the Customer obtains access to the Account.
  • 4. The Subscription can be bought via the relevant tab of the Website. The fee for using the subscriptionbased Account is charged in accordance with the Pricelist. The Customer is obliged to pay for the current Subscription period in advance. If the Subscription is not terminated before its expiry, it is automatically renewed by the same period. During the new subscription period, the Customer has access to paid functionalities from the moment they pay for the new period.
  • 5. The Customer may, at any time and without specifying reasons, resign from the extension of the Subscription for the next subscription period by selecting the relevant option on the Website. In such an event, the Customer continues to have access to paid functionalities until the end of the ongoing subscription period.
  • 6. The Customer may opt out of extending the Subscription by navigating to the settings of their Account and clicking the “Cancel Subscription” button. A message will then be displayed to the Customer indicating the date from which the cancellation becomes effective. Upon the Customer’s confirmation of this message, the withdrawal from extending the Subscription becomes effective. In this case, the Service Provider will not charge for the subsequent billing period.
  • 7. In the event of exceeding any of the limits set for a given Subscription plan, access to the specific service is blocked. The Service User has the option to purchase a higher plan at any time to increase the limit.
  • 8. During the ongoing subscription period, the Customer may upgrade or downgrade their subscription plan, with every downgrade of the Subscription having effect only at the end of the ongoing subscription period. If the subscription plan is upgraded, the Customer is obliged to pay the difference in price. The subscription plan is upgraded immediately, but not earlier than after the balance is credited to the Customer’s account. Shorter subscription periods (e.g. when an average annual plan is upgraded to the highest monthly plan) are upgraded immediately, but the balance resulting from a shortened subscription period is shown in the Account as a credit to use when extending the Subscription to another period.
  • 9. The prices for the Subscription are listed in the Pricelist each time in United States dollars (USD) and include 23% VAT. In the case of applying the reverse charge mechanism (Reverse Charge), the Service User is obliged to pay VAT in accordance with the regulations applicable in their country.
  • 10. The Service Provider reserves the right to suspend the Customer’s account in any of the following events:
    • a. if, despite being warned by the Service Provider and learning the reasons of such warning, the Customer remains in breach of these Regulations or any other generally applicable laws;
    • b. a. if, despite being warned by the Service Provider and learning the reasons of such warning, the Customer’s conduct is harmful to the Service Provider’s or the Website’s reputation.
  • 11. The Account may be suspended either for a fixed period specified by the Service Provider or for an indefinite period of time. When the Account is suspended, you cannot use any of its functionalities. When the Account is suspended, the Customer is obliged to remove the reasons for its suspension, and after such reasons are removed, to immediately notify the Service Provider thereof. The Service Provider reactivates the Account once the reasons for its suspension do not exist anymore, but not later then within 10 Business Days.
  • 12. If the Account is suspended for more than 30 calendar days and the reasons for its suspension are not resolved, the Service Provider has the right to terminate the contract for the use of Electronic Services with the Customer by deleting their Account and links.

8) PAYMENT METHOD AND ACCESS TO SUBSCRIPTION

  • 1. The Service Provider offers the Service User the following payment methods for the functionalities provided under the Subscription: credit card payments, debit card payments, or PayPal payments handled by Ayden.com (Adyen BV company, registered office address: Simon Carmiggeltstraat 6-50, 1011 EB Amsterdam, Kingdom of the Netherlands, CC Amsterdam 34259528, EU VAT: NL817154243B01): https://adyen.com.
  • 2. The Service User is obligated to make the payment immediately, but no later than before the start of the selected billing period. Access to paid functionalities within the Subscription is activated in each billing period provided that the payment for that period has been made in advance.
  • 3. The invoice for using the Subscription is issued electronically on the same or next day or at most within 7 days from the date of receiving the payment and is available in the 'Invoices' section of the Service User's Account.

9) SHORTENING LINKS, ADDING YOUR OWN DOMAINS AND CREATING SHORT LINKS WITHIN SUCH DOMAINS

  • 1. The Link shortening service can be used after you enter a link in the edit field and click the action field.
  • 2. Among other things, the Customer can:
      a. use an API with their own domain;
    • b. set redirects pointing to their own domains (redirects to the homepage and 404 page)
    • c. redirect mobile links, i.e. set the final redirect depending on the mobile system in use: iOS, Android, Windows Phone;
    • d. change the source of the shortened link;
    • e. create links that are available only after entering a password;
    • f. delete any shortened links;
    • g. create shared accounts and invite others to the account, as well as create and manage groups;
    • h. generate link lists as CSV files;
    • i. monitor the site status, including any maintenance breaks or failures.
  • 3. The availability of some functionalities depends on the Subscription selected by the Customer from the Pricelist. A detailed list and functionality descriptions, including information on which functionality is offered against payment, can be found on https://cutt.ly/pro-pricing or https://cutt.ly/url-shortener-features.
  • 4. The Link Shortening Service is provided against payment as a subscription-based functionality of the Account for an indefinite period of time.
  • 5. In addition to the Link Shortening Service, the Customer can also check that there is no hidden spam or inappropriate content in the link they provide.
  • 6. The Customer can also add his or her own domain and create short links within such a domain. For this purpose, the domain the Customer wants to add has to be redirected to the Service Provider’s IP have to be modified by setting DNS A Record.
  • 7. The Customer can also preview the statistics of clicks on his or her shortened link.

10) DISABLING AND REMOVING LINKS FROM THE DATABASE

  • 1. The Service Provider can disable, remove or block links, domains and subdomains that:
    • have been put on any blacklist;
    • have been reported to be suspicious (after we find the report to be right);
    • contain more than one redirect;
    • were already shortened using another link shortener;
    • have been reported as potential malicious/spam, etc.;
    • contain unacceptable contents (pornography, violence, etc.);
    • redirect to content that does not comply with the DMCA Act;
    • violate the rights of third parties;
    • violate these Regulations.
  • 2. In the above cases, as well as in other instances where there is a justified probability that the links created by a given Service User are used for purposes contrary to the law, the Service Provider reserves the right to suspend the Service User's Account and block the ability to use the Link Shortening service. The procedure for suspension and possible unlocking or deletion of the Account is detailed in clauses 7.10-7.12 of the Regulations.
  • 3. In the event of deletion or suspension of a Premium Account available under the Subscription, the Service Provider refunds the Service User a proportional part of the fee for the remaining time until the end of the current subscription period, during which the use of the Premium Account was not possible.

11) SURVEYS

  • 1. A Service User who has an Account may, through the Electronic Survey Service, create their own subpage with surveys.
  • 2. Within the Surveys, the Service User can create any surveys directed to recipients of their choice, including adding questions and answers for selection or entry.
  • 3. The responsibilities associated with managing the website created by the Service User within the Surveys towards the end users (e.g., survey recipients) rest on the Service User who created the survey.
  • 4. The Service User is strictly prohibited from collecting sensitive data (special category personal data as referred to in Article 9 of the GDPR Regulation) in Surveys. This includes the following data: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, sexuality, or sexual orientation.

12) LINK-IN-BIO

  • 1. A Service User with an Account may create their own subpage with links, descriptions, a profile photo/graphic, Vimeo/YouTube video through the Electronic Service Link-in-bio.
  • 2. Within Link-in-bio, the Service User can create any microsites targeted to the recipients they choose, including personalizing these subpages with links, descriptions, a profile photo/graphic, Vimeo/YouTube video.
  • 3. The responsibilities associated with managing such a created website towards the end users rest on the Service User creating the microsite in this way. The Service User is also responsible for the content published on their microsite and must ensure its compliance with applicable laws and regulations.

13) QR CODES

  • 1. A Service User with an Account may create their own QR code through the Electronic Service of QR Codes.
  • 2. The Service User using QR Codes is obligated to ensure that after modification, the code works in the correct and intended manner.
  • 3. The Service User is responsible for errors or problems arising from the improper functioning of QR codes resulting from their modification by the Service User.

14) LINK ANALYTICS / CLICK STATISTICS

  • 1. A Service User with an Account may analyze the traffic generated by shortened links through the Electronic Service of Link Analytics / Click Statistics.
  • 2. As part of this service, the Service User has access to statistics and analytical data presented in an anonymized manner, which may include the number of clicks on a given link, including but not limited to: referring domain names, device names, operating system names, browser names, languages, countries of origin of the clicks.
  • 3. The Service User is responsible for the proper use of this data, in accordance with applicable laws, including regulations concerning privacy and personal data protection.

15) HOW TO CONTACT US

  • The primary form of current remote communication with you is electronic mail (e-mail: [email protected]), through which information regarding the use of the Online Service can be exchanged with the Service Provider. Users may also contact us using the contact methods indicated at the website address: cutt.ly/contact and by other lawful means.

16) COMPLAINTS ABOUT THE WEBSITE AND ELECTRONIC SERVICES

  • 1. Complaints regarding the functioning of the Website and Electronic Services can be filed by Customers using the Website’s contact form, by e-mail (e-mail: [email protected]), or by traditional mail (ul. Śląska 15A/9, 80- 384 Gdańsk).
  • 2. The Service Provider recommends including the following in the complaint description: (1) information on the complaint subject and the related circumstances, in particular the type and date of any malfunction;(2) the Customer’s demand; and(3) the complaining party’s contact details to make it easier and faster for the complaint to be processed by the Service Provider. The requirements specified in the foregoing sentence are recommendations only and do not affect the efficacy of the complaint filed otherwise than recommended.
  • 3. Detailed provisions regarding the Electronic Service constituting a digital service within the meaning of The Consumer Rights Act is defined by the provisions of the Consumer Rights Act as amended in force from January 1, 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Service Provider's liability towards the consumer, in the event of non-compliance of the service with the offer.
  • 4. The Service Provider will state its position on the complaint immediately, but not later than within fourteen calendar days of its receipt.

17) WITHDRAWAL FROM THE CONTRACT BY CONSUMERS

  • 1. This section of the Regulations applies only to Customers who are consumers and to the distant contracts with the Service Provider they may enter into.
  • 2. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts (1) for the provision of services for which the consumer is obliged to pay the price, if the Service Provider has performed fully service with the express and prior consent of the consumer, who has been informed before the start that after the service is provided by the Service Provider, he will lose the right to withdraw from the contract, and accepted it's for your attention; (2) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price if the Service Provider has started the service for a clear and prior consent of the consumer who was informed before the start of the service that after fulfillment of the service by the Service Provider will lose the right to withdraw from the contract, and has acknowledged this, and the Service Provider provided the consumer with the confirmation referred to in Art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act
  • 3. Subject to clause 17.2 hereof, the consumer who has entered into a distant contract may, within fourteen calendar days, withdraw from such a contract without having to state the reason therefor and incur any costs whatsoever, save for the exception described in this clause. To meet the withdrawal deadline, it is sufficient to send a relevant statement before the expiry thereof.
  • 4. The withdrawal period starts from the signing date of the contract.
  • 5. All statements sent to the Service Provider in connection with exercising your right to withdraw from the contract may be made using the contact details indicated in clause 15 hereof.
  • 6. The provisions of this clause 17 of the Regulations relating to the consumer are applicable from January 1, 2021, and for contracts signed thereafter, also in relation to Customers who are private individuals signing a contract that is directly associated with their business provided that such a contract does not seem to be related to their business, in particular to the principal activities of such individuals as disclosed under the Polish Central Business Records and Information Service regulations.

18) OUT-OF-COURT RESOLUTION OF COMPLAINTS AND SETTLEMENT OF CLAIMS. RULES OF ACCESS TO THESE PROCEDURES

  • 1. This section of the Regulations applies only to Customers who are consumers.
  • 2. Details of how the Customer being a consumer can use and access out-of-court resolution of complaints and settlement of claims are available from the Office of Competition and Consumer Protection’s website: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  • 3. The President of the Office of Competition and Consumer Protection also runs a point of contact (phone: 22 55 60 333, e-mail: [email protected] or mail address: Pl. Powstańców Warszawy 1, 00-030 Warszawa) whose aim is, among other things, to provide consumers with assistance regarding out-of-court resolution of consumer disputes.
  • 4. For instance, the consumer can use the following procedures for out-of-court resolution of complaints and settlement of claims: (1) dispute resolution application to the Permanent Consumer Arbitration Court (more details on the website: http://www.spsk.wiih.org.pl); (2) dispute resolution application to the Provincial Inspectorate of Trade (more details on the website of the inspectorate with jurisdiction over the Vendor’s principal place of business); and (3) assistance from a district (municipal) consumer ombudsman or social organization whose statutory objectives include consumer protection (including, but not limited to: Consumers’ Federation, Polish Consumers’ Association). Among other things, advice is provided can be requested by sending an e-mail to [email protected] or calling the consumer hotline 801 440 220 (the hotline is open on working days between 8:00 a.m. and 6:00 p.m., call cost depending on your call plan).
  • 5. On the site https://ec.europa.eu/consumers/odr, you can find a platform for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive multi-language website offering comprehensive assistance to consumers and entrepreneurs who would like to resolve their contractual disputes arising from online purchase or services contracts out of court (more details on the platform’s website or that of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

19) TECHNICAL INTERRUPTIONS AND FAILURES

  • 1. The Service Provider makes every effort to ensure the proper and uninterrupted functioning of the Online Service. However, due to the complexity and sophistication of the Online Service and its Electronic Services, as well as external factors beyond the Service Provider's control (e.g., DDOS - distributed denial of service attacks), errors and technical failures that prevent or limit the functioning of the Service and Electronic Services in any way are possible. In such cases, the Service Provider will undertake all possible and reasonable actions to minimize the negative effects of such events as much as possible.
  • 2. The Service Provider promptly informs the Service Users of any errors and technical failures mentioned above and the estimated time for their resolution.
  • 3. Apart from interruptions caused by errors and technical failures, there may also be other technical interruptions during which the Service Provider undertakes actions aimed at developing the Service and securing it against errors and technical failures.
  • 4. The Service Provider plans technical interruptions in such a way that they are as least disruptive as possible for the Service Users, in particular, to be scheduled during times of reduced traffic on the Service (e.g., night hours) and only for the time necessary for the Service Provider to perform the required actions. The Service Provider informs the Service Users of planned technical interruptions in advance, also indicating the expected duration of the planned interruption.
  • 5. The Service Provider is not liable to the Service User for any damages or failure to fulfill obligations resulting from all errors and technical failures and technical interruptions mentioned in this point 19 of the Terms and Conditions. However, this point 19 of the Terms and Conditions is not intended to exclude or limit the statutory liability of the Service Provider towards the Service User who is a consumer or any other statutory rights of such a Service User.

20) COPYRIGHTS

  • 1. The copyrights and intellectual property rights to the Website as a whole and to any part thereof, including any content, artwork, piece of work, pattern, and trademark displayed as part thereof, are owned by the Service Provider or other eligible third parties, and are subject to copyright and other generally applicable laws. The protection granted to the Website comprises all forms of their expression.
  • 2. Trademarks owned by the Service Provider and third parties should be used in accordance with applicable laws.

21) ILLEGAL CONTENT AND OTHER CONTENT NOT IN COMPLIANCE WITH THE REGULATIONS

  • 1. This section of the Regulations contains provisions resulting from the Digital Services Act concerning the Online Service and the Service Provider. In every instance of content delivery by the User, they are obliged to adhere to the rules set out in the Regulations.
  • 2. CONTACT POINT - The Service Provider designates the email address [email protected] as the sole contact point. This contact point enables direct communication between the Service Provider and the authorities of member states, the European Commission, and the Digital Services Council, while also allowing service recipients (including Users) direct, fast, and user-friendly electronic communication with the Service Provider for the purposes of applying the Digital Services Act. The Service Provider indicates English and Polish as the languages for communication with its contact point.
  • 3. Reporting Illegal Content Procedure and Actions in Accordance with Article 16 of the Digital Services Act:
    • a. Through the email address [email protected] and via the form available at https://cutt.ly/report, any person or entity may report to the Service Provider the presence of specific information which they consider to be Illegal Content.
    • b. The report should be sufficiently precise and appropriately justified. For this purpose, the Service Provider enables and facilitates making reports to the aforementioned email address that contain all the following elements: (1) a sufficiently justified explanation of the reasons why the reporting person or entity alleges that the reported information constitutes Illegal Content; (2) clear indication of the exact electronic location of the information, such as the precise URL or URLs, and, where applicable, additional information enabling the identification of Illegal Content, according to the type of content and specific type of service; (3) the name or designation and email address of the person or entity making the report, except in cases involving information deemed related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the reporting person or entity's good faith belief that the information and allegations contained in it are correct and complete.
    • c. The report mentioned above is considered to provide a basis for obtaining actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information it concerns, if it enables the Service Provider, acting with due diligence, to determine – without detailed legal analysis – the illegal nature of the activity or information.
    • d. If the report includes electronic contact data of the person or entity making the report, the Service Provider promptly sends confirmation of receipt of the report to such person or entity. The Service Provider also notifies such person or entity without undue delay of its decision regarding the information concerned by the report, providing information about the possibility of appealing the decision.
    • e. The Service Provider considers all reports received under the mechanism described above and makes decisions regarding the information concerned by the reports in a timely, non-arbitrary, and objective manner, with due diligence. If the Service Provider uses automated means for such consideration or decision-making, it includes information about this in the notification mentioned in the previous point.
  • 4. Information about the restrictions that the Service Provider imposes in relation to the use of the Online Service regarding the information submitted by Users:
    • a. The following rules apply to Users when submitting any content within the Online Service:
      • I. The obligation to use the Online Service, including posting content, in accordance with its intended purpose, these Regulations, and in a manner consistent with the law and good manners, taking into account the respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties;
      • II. The obligation to introduce content that is consistent with the facts and in a manner that does not mislead;
      • III. The prohibition of providing unlawful content, including the prohibition of delivering Illegal Content;
      • IV. The prohibition of sending unsolicited commercial information (spam) through the Online Service;
      • V. The prohibition of providing content that violates generally accepted netiquette rules, including content that is vulgar or offensive;
      • VI. The obligation to possess – where necessary – all required rights and permissions to deliver such content on the pages of the Online Service, especially copyrights or required licenses, permissions, and consents for their use, distribution, making available, or publication, particularly the right to publish and distribute in the Online Store and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
      • VII. The obligation to use the Online Service in a way that does not endanger the security of the Service Provider's information technology system, the Online Service, or third parties.
    • b. The Service Provider reserves the right to moderate content provided by Users on the Online Service's site. Moderation is conducted in good faith and with due diligence, either on the Service Provider's own initiative or upon receiving a report, in order to detect, identify, and remove Illegal Content or other content not in compliance with the Regulations, or to block access to them or take necessary measures to meet the requirements of European Union law and national law consistent with European Union law, including the requirements specified in the Digital Services Act, or the requirements contained in the Regulations.
    • c. The moderation process may be carried out manually by a human or rely on automated or partially automated tools that facilitate the Service Provider's identification of Illegal Content or other content not in compliance with the Regulations. Upon identifying such content, the Service Provider decides whether to remove or block access to the content or otherwise limit its visibility or take other necessary actions (e.g., contacting the User to clarify concerns and change content). The Service Provider will inform the User who provided the content (if their contact information is available) about their decision, the reasons for making it, and available options for appealing this decision in a clear and easily understandable manner.
    • d. In exercising its rights and obligations under the Digital Services Act, the Service Provider is required to act with due diligence, in an objective and proportionate manner, and with due consideration for the rights and legally justified interests of all involved parties, including service recipients, particularly with respect to rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.
  • 5. Any comments, complaints, claims, appeals, or reservations concerning decisions or other actions or inactions taken by the Service Provider based on the received report or the Service Provider's decision made in accordance with the provisions of these Regulations can be reported in a manner analogous to the complaint procedure indicated in section 16 of the Regulations and – for registered Users – through an automated appeal form. Utilizing this procedure is free of charge and enables electronic submission of complaints to the specified email address. Use of the complaint reporting and consideration procedure does not affect the right of the person or entity to initiate legal proceedings and does not infringe on their other rights.
  • 6. The Service Provider considers all comments, complaints, claims, appeals, or reservations concerning decisions or other actions or inactions taken by the Service Provider based on the received report or the decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other notification contains sufficient reasons for the Service Provider to believe that its decision not to take action in response to a report is unjustified, or that the information subject to the complaint is not illegal and not in compliance with the Regulations, or contains information indicating that the action of the complainant does not justify the measure taken, the Service Provider without undue delay revokes or changes its decision regarding the potential removal or blocking access to the content or otherwise limiting their visibility or takes other necessary actions.
  • 7. Users, individuals, or entities that have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content not in compliance with the Regulations are directed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of the member state to resolve disputes concerning these decisions, including in relation to complaints that have not been resolved within the Service Provider's internal complaint consideration system.

22) FINAL PROVISIONS

  • 1. Contracts concluded through Cutt.ly are made in the English language. In case of any discrepancies or conflicts in the meaning of any part of the regulations or pricing in a language other than English, the English language version shall be binding.
  • 2. These Regulations come into force as soon as they are published, i.e. posted in its entirety on the Website.
  • 3. The Service Provider reserves the right to amend the Regulations for cause, i.e. due to legislative changes or changes in the scope or form of the Electronic Services insofar as such changes might affect the implementation of the provisions hereof.
    • a. For subscription contracts signed hereunder (e.g. subscription of the Newsletter Service), the Customer is bound by the revised Regulations if the requirements specified in articles 384 and 384[1] of the Civil Code are fulfilled, i.e. the Customer has been properly notified of the revision and has not terminated the contract within fourteen calendar days of being notified. If the revision of the Regulations results in the introduction of any new fees or an increase in the existing ones, the Customer being a consumer is entitled to withdraw from the contract.
    • b. For non-subscription contracts signed hereunder (e.g. purchase contracts), changes in the Regulations will not in any way affect the rights Customers being consumers have acquired before the effective date of the revision, in particular no change in the Regulations will affect any of the existing or pending purchase orders, or any contracts signed, performed, or carried out.
  • 4. All matter not provided for herein shall be governed by the generally applicable provisions of Polish law, in particular the Civil Code, the Provision of Electronic Services Act of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended), the Consumer Rights Act, and other generally applicable laws.
  • 5. These Regulations do not exclude the provisions applicable in the contracting Customer’s place of usual residence which cannot be excluded by means of a contract. In such an event, the Service Provider provides the Customer with the same protection as ensured under the regulations that cannot be excluded by means of a contract.
  • We thank you for having carefully read these Regulations!
  • If you have any questions, we are always at your disposal – please contact directly your Account Manager or use the contact details first written above.
  • Feel free to use our services.
  • Cutt.ly Team

23) WITHDRAWAL FORM TEMPLATE (APPENDIX 2 TO THE CONSUMER RIGHTS ACT)