Terms and Conditions

Last Updated: June 15, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website at https://trustpay-platform.com (the "Website") or any services (the "Services") operated by TrustPay ("us", "we", "our").

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services.

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services.

1. Accounts

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is offensive, vulgar, or obscene.

2. Service Description

TrustPay provides an online ads automation platform designed for brands in Poland to streamline their advertising campaigns. Our Services may include, but are not limited to:

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

3. Subscription and Payments

Some of our Services are offered on a subscription basis. You agree to pay the fees associated with your subscription plan.

Billing for subscription Services will occur on a recurring basis according to your chosen plan (monthly, quarterly, or annually). Payment must be made using the methods we support, which may include credit cards, bank transfers, or other methods as specified.

All payments are non-refundable except as expressly set forth in our Refund Policy or as required by applicable law. You agree that we may automatically renew your subscription and charge your payment method on file unless you cancel your subscription before the renewal date.

We reserve the right to change our prices at any time. If we change pricing for your subscription, we will provide notice of the change on our website or by email, at our option, at least 30 days before the change is due to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

4. Intellectual Property

The Services and their original content, features, and functionality are and will remain the exclusive property of TrustPay and its licensors. The Services are protected by copyright, trademark, and other laws of both Poland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TrustPay.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business purposes.

5. User Content

Our Services may allow you to upload, store, share, send, or display content, including but not limited to text, graphics, images, and other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you upload, post, email, transmit, or otherwise make available via the Services.

By uploading User Content to the Services, you grant TrustPay a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing the Services to you.

You represent and warrant that:

6. Prohibited Uses

You agree not to use the Services:

7. Data Processing

In providing the Services, we may process data on your behalf, including personal data (as defined under applicable data protection laws). With respect to such data processing activities:

Our processing of personal data is further described in our Privacy Policy, which is incorporated by reference into these Terms.

8. Third-Party Services

The Services may contain links to third-party websites or services that are not owned or controlled by TrustPay. TrustPay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that TrustPay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall TrustPay, its affiliates, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to your use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, TrustPay assumes no liability or responsibility for any:

In no event shall our total liability to you for all claims arising out of or relating to these Terms or your use of the Services exceed the amount paid by you, if any, for accessing or using our Services during the twelve (12) months immediately preceding the event giving rise to the liability.

10. Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

TrustPay, its subsidiaries, affiliates, and licensors do not warrant that:

11. Indemnification

You agree to defend, indemnify, and hold harmless TrustPay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be finally settled by arbitration in accordance with the Rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw. The seat of arbitration shall be Warsaw, Poland. The language of the arbitration shall be English.

Before commencing arbitration proceedings, you agree to first try to resolve the dispute informally by contacting us. If we are unable to resolve the dispute informally within 30 days, either party may commence arbitration proceedings.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices and agreements published by TrustPay, constitute the entire agreement between you and TrustPay concerning the Services.

17. Contact Us

If you have any questions about these Terms, please contact us: