SocialPlate Terms of Service

1. General provisions and definitions

1.1 Preliminary provisions

These Terms of Service set out the rules for the provision of services by electronic means and the rights and obligations of the Service Provider and Users.

1.2 Service Provider

Bytly spółka z ograniczoną odpowiedzialnością, operator of the SocialPlate platform

• Registered office: ul. Wolna 11, 42-202 Częstochowa, Poland
• Registration court: District Court in Częstochowa, XVII Commercial Division of the National Court Register
• KRS: 0001135848
• NIP: 9492272400
• REGON: 540044350
• Share capital: PLN 5,000.00
• Email: kontakt@socialplate.pl
• Phone: 572 272 538
• Single point of contact (Art. 11–12 DSA): kontakt@socialplate.pl, for contact with Member State authorities, the European Commission, the Digital Services Board and Service recipients on matters relating to Regulation (EU) 2022/2065 (Digital Services Act). The languages of communication are Polish and English.

1.3 Definitions

As used in these Terms, the following terms have the meanings given below:

1. Terms — this document setting out the rules for using the Services
2. Service Provider — Bytly sp. z o.o. with its registered office in Częstochowa, operator of the SocialPlate platform, the entity providing the Services
3. Platform / Service — the web application available at https://socialplate.pl
4. User / Client — a natural person, legal person, or organisational unit without legal personality, using the Services
5. Consumer — a natural person performing a legal act not directly related to their business or professional activity (Art. 22¹ of the Polish Civil Code)
6. Entrepreneur with Consumer Rights — a natural person concluding a contract directly related to their business activity where the content of the contract shows it does not have a professional character for that person (Art. 38a of the Polish Civil Code)
7. Account — the collection of the User's resources and settings on the Platform, accessible after logging in
8. Services — services provided by the Service Provider by electronic means, consisting of:
   • Managing content on social media (Facebook, Instagram)
   • Generating post descriptions
   • Scheduling and publishing content
   • Analysing statistics
9. Subscription — paid access to the Services under a recurring-payment model
10. Plan — a package of Services available at a set price (Start, Pro, Network)
11. Post — content published by the User via the Platform (photo + description)
12. Billing Period — the calendar month for which the Subscription fee is charged
13. Business Days — Monday to Friday, excluding public holidays in Poland

2. Conditions of use

2.1 Technical requirements

To use the Platform, the User must have:

• A device with Internet access (computer, tablet, smartphone)
• A web browser: Chrome, Firefox, Safari, Edge (current version or one version back)
• An active email address
• An active Facebook and/or Instagram account (for publishing content)

2.2 Persons prohibited from using the Services

The Services may not be used by:

• Persons under 18 years of age
• Entities that have previously breached these Terms and have been blocked
• Entities conducting activities contrary to law
• Entities from countries subject to international sanctions

2.3 Prohibited content

The User undertakes NOT to publish via the Platform any content that:

• Infringes the rights of third parties (copyright, personal rights, etc.)
• Incites hatred, violence, or discrimination
• Is pornographic or erotic
• Contains illegal material (drugs, weapons, etc.)
• Constitutes spam or unjustified advertising
• Is false or misleading
• Violates Facebook and Instagram community standards

Consequences: The Service Provider has the right to remove prohibited content and to suspend or terminate the contract. Such actions are taken in accordance with the notice-and-action procedure described in § 10.4 (for consumers and persons reporting illegal content) or § 6.2 (for other Users), with the obligation to provide a statement of reasons (Art. 17 DSA) and information on available redress. Where the contract is terminated due to the User's fault, fees are refunded on a pro-rata basis for the unused period, after deduction of the Service Provider's documented costs. For Consumers and Entrepreneurs with Consumer Rights, deductions are limited to costs actually incurred and directly connected with the breach.

3. Registration and Account

3.1 Registration

To use the Services, the User must:

1. Complete the registration form at https://socialplate.pl
2. Provide accurate details: first name, surname, email address
3. Create a secure password
4. Accept the Terms and Privacy Policy
5. Confirm the email address by clicking the activation link

Registration is free of charge.

3.2 Verification of details

The Service Provider reserves the right to verify the User's details, in particular where:

• A breach of the Terms is suspected
• Bot or automated-system activity is suspected
• A VAT invoice must be issued

3.3 One account per person/company

A User may hold only one active Account. The following are prohibited:

• Creating multiple accounts by one person/company
• Sharing Account access with third parties
• Selling or transferring an Account to another entity

3.4 Account security

The User is responsible for:

• Keeping the password confidential
• All actions carried out using their Account
• Notifying the Service Provider immediately of any unauthorised access

In the event of a lost password: the User may reset it using the "Forgot my password" function.

3.5 Account deletion

The User may delete their Account at any time via:

• The option in Account settings
• Sending a request to kontakt@socialplate.pl

Consequences of deletion:

• Immediate loss of access to the Services
• Deletion of data in accordance with the Privacy Policy (subject to legally required retention periods)
• Where the User deletes their Account before the end of a Billing Period, no refund of fees is due
• Deletion of scheduled, unpublished posts

3.6 Data export (portability)

Before deleting your Account you may download your data and content (photos, descriptions, post history, statistics) from the Account panel or by submitting a request to kontakt@socialplate.pl. After a deletion request is submitted, data remains available for export for 30 days, after which it is permanently deleted (subject to mandatory accounting and tax document retention periods).

4. Plans and pricing

4.1 Available plans

The Service Provider offers the following Subscription Plans:

Trial period:

• First 3 posts completely free
• No payment card required
• Full access to Pro Plan features

4.2 Pricing changes

The Service Provider reserves the right to change Plan prices subject to the following rules:

• Users will be informed of a change at least 30 days before it takes effect
• The change does not affect current Billing Periods
• The User has the right to cancel the Subscription before the new prices take effect without incurring additional costs
• Failure to cancel constitutes acceptance of the new prices

4.3 Changing plan

The User may at any time:

Upgrade (switching to a higher Plan):

• Immediate access to new features
• Pro-rata billing (the price difference for the remaining days of the month)

Downgrade (switching to a lower Plan):

• Change takes effect from the next Billing Period
• Existing features are retained until the end of the current period

5. Payments and invoicing

5.1 Payment rules

Recurring payments:

• The Subscription is payable in advance for each calendar month
• The first payment is made after the trial period ends
• Subsequent payments are collected automatically on the same day each month

Payment operator:

Payments are processed by PayPro SA with its registered office in Poznań (ul. Pastelowa 8, 60-198 Poznań), registered in the National Court Register under KRS 0000347935, NIP 7792369887, owner of the Przelewy24 system. PayPro SA acts as an independent controller of personal data for the purpose of processing payments. Details: Przelewy24 terms.

Payment methods:

• Payment card (Visa, Mastercard, Maestro) via Przelewy24
• Fast online transfers and BLIK via Przelewy24
• Traditional bank transfer (Network Plan only, with 7-day advance notice)

Currency and VAT:

• All prices are quoted in Polish zloty (PLN)
• The Service Provider benefits from a subjective VAT exemption under Art. 113(1) of the Act of 11 March 2004 on Goods and Services Tax. Prices are gross prices equal to net prices (excluding VAT).
• Should the exemption be lost or relinquished, the Service Provider will notify Users at least 30 days in advance. The stated Plan prices will not increase; any VAT will be included within the existing gross price.

5.2 Failed payments

In the event of a failed automatic payment:

1. Day 1: Automatic retry of the payment
2. Day 3: Email notification + another payment retry
3. Day 7: Final payment retry
4. Day 10: Account suspension (no access to Services; data retained)
5. Day 30: Contract termination and data deletion

Reactivating a suspended Account: possible upon settling outstanding payments within 30 days of suspension.

5.3 Invoices

• Invoices are issued automatically after each payment (citing the basis for the VAT exemption, Art. 113(1) of the VAT Act)
• The invoice is sent to the email address registered in the Account
• The invoice is also available in the Account panel (section "Invoices")
• Invoice corrections may be requested within 7 days of issue (kontakt@socialplate.pl)
• Should the Service Provider's VAT status change, invoices may also be issued and transmitted via the National e-Invoice System (KSeF) in accordance with applicable law

Invoice details:

The User is required to provide accurate details:

• Company name or full name
• NIP (for companies)
• Address

6. Cancellation of the Subscription

6.1 Cancellation by the User

The User may cancel the Subscription at any time via:

• The "Cancel subscription" option in Account settings
• Sending an email to kontakt@socialplate.pl

Consequences of cancellation:

• Access to the Services is retained until the end of the current Billing Period
• The Subscription will not renew automatically
• Where the Subscription is cancelled before the end of a Billing Period, no refund of fees is due unless the Service Provider has failed to perform or has performed its obligations defectively
• The Subscription may be reactivated in the future

No notice period: cancellation takes effect at the end of the current Billing Period.

6.2 Termination by the Service Provider

The Service Provider may terminate the Subscription with 30 days' notice in the event of:

• Discontinuation of the Services (closure of the Platform), in which case the User is entitled to a refund of the unused portion of fees and the ability to export data (§ 3.6) throughout the notice period
• A need for significant technological changes that prevent the Services from being provided in their current form

The Service Provider may terminate the Subscription with immediate effect in the event of:

• The User's breach of the Terms
• Publishing prohibited content
• Attempting to hack or sabotage the Platform
• Unauthorised sharing of Account access with third parties

Where the contract is terminated due to the User's fault, fees are refunded on a pro-rata basis for the unused period, after deduction of costs incurred by the Service Provider and damages caused by the breach of the Terms.

6.3 Refund policy

For Consumers and Entrepreneurs with Consumer Rights:

• A refund is due where the Service Provider has failed to perform or has performed the Services defectively
• Pro-rata refund for the period during which the Services were not provided due to reasons attributable to the Service Provider
• Where Services are unavailable for more than 7 days due to the Service Provider's fault: pro-rata refund or Subscription extension

For other Users (business):

• No refund for the unused period, unless the Service Provider has failed to fulfil its obligations

IMPORTANT: The right of withdrawal is governed by clause 14.1.

7. Scope and provision of Services

7.1 Description of Services

The SocialPlate Platform enables:

A) Generating post descriptions:

• The User uploads a photo
• Automatic recognition of the photo's contents
• Generation of 3 description variants (Casual, Professional, Promotional)
• Automatic hashtag selection

B) Managing publications:

• Editing generated descriptions before publishing
• Scheduling posts in a calendar
• Publishing to Facebook and Instagram simultaneously
• Automatic photo-format adjustment (4:5 for Instagram, 2:3 for Facebook)

C) Statistics and reports:

• Displaying reach and engagement figures
• History of published posts
• PDF reports (Network Plan only)

7.2 Service limitations

• Post limits (Start Plan): 12 posts with generated descriptions per month. The counter resets on the 1st of each month. Unused posts do not carry over.
• Integration limits: Up to 1 Facebook page + 1 Instagram profile (Start and Pro Plans); up to 5 Facebook pages + 5 Instagram profiles (Network Plan).
• Photo quality: Accepted formats: JPG, PNG, WEBP. Max 10 MB. Min 640×640 px, Max 8192×8192 px.
• Publication timing: Published within 15 minutes of the scheduled time. Requires an active Subscription.

7.3 Exclusions of liability

The Service Provider is not liable for circumstances beyond its direct control:

• Content of published posts: The User bears full responsibility for the content they publish (photos, descriptions, hashtags) and for holding the necessary rights to the materials.
• Operation of third-party platforms: The Service Provider is not liable for API changes, unavailability of Facebook/Instagram, account blocks imposed by Meta, or decisions made by those platforms' algorithms.
• Business results: The Service Provider does not guarantee any particular reach, follower counts, sales growth, or other business outcomes.
• Force majeure: See § 13.

Note for Consumers and Entrepreneurs with Consumer Rights: the above exclusions do not limit the Service Provider's liability to the extent that such limitation would be ineffective or impermissible against those persons under mandatory law (in particular Arts. 385¹–385³ of the Polish Civil Code, the Consumer Rights Act, and Arts. 43h–43q of the Consumer Rights Act concerning conformity of a digital service with the contract).

7.4 Artificial intelligence (AI) and transparency

The Platform uses generative artificial intelligence models to create suggested post descriptions. In accordance with Art. 50 of Regulation (EU) 2024/1689 (the AI Act) we inform you that:

• Content presented as a "generated description" is a suggestion created by an AI system
• Such content may contain inaccuracies or errors; the User is required to verify it before publishing
• The Service Provider is not liable for AI-generated content once it has been published by the User
• Photos uploaded for description generation are not used to train AI models (in accordance with the commercial API terms of the provider)
• The system does not independently make decisions that produce legal effects or similarly significantly affect the User (no profiling within the meaning of Art. 22 GDPR)

7.5 Service availability (SLA)

Guaranteed availability: 99% of time per month (approx. 7 hours of downtime)

SLA exclusions: Maintenance windows, provider outages, DDoS attacks.

Compensation:

• Outage < 7 days: No compensation
• Outage 7–14 days: Subscription extended by the duration of the outage
• Outage > 14 days: Pro-rata refund + extension

8. Intellectual property rights

8.1 Rights in the Platform

The SocialPlate Platform, its source code, interface, graphics, texts, and all other elements are protected by copyright and are the property of the Service Provider.

• Prohibited: Copying, modifying, decompiling, creating derivative works, removing identifying marks.
• Permitted: Using the Platform in accordance with the Terms; linking to the home page.

8.2 Rights in User content

The User retains full copyright in uploaded photos and content.

Licence granted to the Service Provider: A non-exclusive, royalty-free licence to process, store, and publish content for the purpose of providing the Services.

User's declaration: The User declares that they hold the rights to the materials and that these do not infringe any third-party rights.

8.3 Use of marketing materials

The Service Provider may, with the User's voluntary consent, use Account screenshots, reviews, or the venue name for marketing purposes.

9. Personal data protection

Detailed information on the processing of personal data is set out in the Privacy Policy available at: https://socialplate.pl/en/privacy

10. Complaints

10.1 How to submit a complaint

The User may submit a complaint about incorrect operation of the Platform, the Services, or billing.

How to submit: Email to kontakt@socialplate.pl with the subject "Complaint — [account number]".

Content: Contact details, description of the problem, date of occurrence, screenshots.

10.2 Handling of complaints

Deadline: Up to 14 calendar days from the date the complaint is received, in accordance with Art. 7a(1) of the Consumer Rights Act. Failure to respond within that period means the complaint is deemed upheld.

Possible outcomes: Repair, compensation, or rejection with reasons.

10.3 Out-of-court dispute resolution

For consumers: Mediation via the Trade Inspection, the Permanent Consumer Arbitration Court, and the ODR Platform (https://ec.europa.eu/consumers/odr).

10.4 Reporting illegal content (notice-and-action mechanism, Art. 16 DSA)

In accordance with Regulation (EU) 2022/2065 (Digital Services Act, "DSA"), any person or entity may report the presence of content on the Platform that they consider to be illegal.

How to report: Send an email to kontakt@socialplate.pl with the subject "DSA Report — illegal content". The report should include (Art. 16(2) DSA):

• A reasoned explanation of why the content is considered illegal
• A clear indication of the exact location of the content (e.g. URL, post ID)
• The reporter's name, surname, and email address (except for reports concerning offences against children)
• A statement that the reporter is acting in good faith and that the information provided is accurate

Handling: We handle reports without undue delay, carefully, non-arbitrarily, and objectively. We notify both the reporter and the content provider of the decision, together with a statement of reasons (Art. 17 DSA) and information on available redress.

Measures we may take: Removal or blocking of content, suspension or termination of Services to the User, referral to the relevant authorities. A User against whom action has been taken has the right to submit a reasoned appeal to the same email address within 6 months of the decision (Art. 20 DSA).

10.5 Trusted flaggers (Art. 22 DSA)

Reports from entities holding trusted flagger status awarded by the Digital Services Coordinator are handled on a priority basis.

11. Liability

11.1 Service Provider's liability

The Service Provider is liable for the proper provision of the Services, Platform security, and availability in accordance with the SLA (§ 7.5).

For Consumers and Entrepreneurs with Consumer Rights: Liability on the general principles of the Polish Civil Code and the Consumer Rights Act, without any cap. These Terms may not limit rights arising from mandatory law.

For other Businesses (B2B): The Service Provider's total liability under the contract, including under warranty, tort, and breach of the Data Processing Agreement (DPA), is limited to the amount of Subscription fees paid by the User in the 6 months immediately preceding the event giving rise to the loss. Liability for lost profit, loss of business, loss of data (to the extent it could have been recovered from back-ups), and indirect damages is excluded.

Exclusions from the cap: The financial cap does not apply in the event of:

• Wilful misconduct or gross negligence on the part of the Service Provider
• Personal injury
• Breaches in respect of which the law excludes any limitation of liability

11.2 Liability for third parties

The Service Provider is liable for subcontractors as if for its own actions.

11.3 User's liability

The User is liable for the accuracy of their data, the lawfulness of their content, and the confidentiality of their password. They undertake to indemnify the Service Provider for any damages arising from a breach of these Terms.

12. Changes to the Terms

The Service Provider may amend the Terms for legitimate reasons, in particular: changes in generally applicable law, changes to Platform functionality, security requirements, clarification of provisions, or changes affecting third-party service providers.

12.1 Notification

The Service Provider will notify Users of a planned amendment at least 14 days in advance (for material changes, at least 30 days) via:

• An email to the address registered in the Account, and
• A notice in the Account panel, and
• Publication of the new version at socialplate.pl/regulamin with the effective date and a list of changes

12.2 Right to terminate

A User who does not accept the amended Terms has the right to terminate the contract without additional charge within the notice period. In that case:

• The termination takes effect no later than the date on which the new provisions enter into force
• The previous version of the Terms applies until the end of the Billing Period for which the fee has been paid
• Where termination follows a fee already collected, a pro-rata refund is due for the unused period
• The User may export their data in accordance with § 3.6

12.3 Acceptance

Continued use of the Services after the changes take effect constitutes acceptance of those changes, without prejudice to the Consumer's and the Entrepreneur with Consumer Rights' right to terminate under § 12.2. For material changes (e.g. price changes, changes to the scope of Services, changes to providers affecting data processing) the Service Provider may require active acceptance (click "I accept") at the first login after the date the changes take effect.

13. Force majeure

Neither party is liable for non-performance or defective performance of contractual obligations where this has been caused by force majeure, i.e. an extraordinary, external event that could not have been prevented even with the exercise of due care.

Force majeure events include in particular:

• Natural disasters, fires, floods, earthquakes
• Acts of terrorism, wars, riots
• Government actions, epidemics, pandemics, quarantines
• Large-scale failures of power or telecommunications networks not attributable to either party
• Cyberattacks on the infrastructure of cloud or transit service providers that could not have been repelled with due care

The party affected by force majeure must notify the other party without delay. If the force majeure event continues for more than 30 days, either party may terminate the contract; in that event the Consumer is entitled to a pro-rata refund of fees for the unused period.

14. Consumer information

14.1 Right of withdrawal

A Consumer and an Entrepreneur with Consumer Rights is in principle entitled to withdraw from a distance contract within 14 days without giving any reason, in accordance with Art. 27 of the Act of 30 May 2014 on Consumer Rights.

During the purchase of a paid subscription, a User who is a consumer is asked to give explicit, separate consent (a dedicated checkbox) to the immediate commencement of performance of the Services together with an acknowledgement that they are aware of the loss of the right of withdrawal. Until such consent is given, the paid Services do not commence and the 14-day right of withdrawal remains intact.

How to withdraw (where the right applies): a clear statement sent to kontakt@socialplate.pl before the 14-day period expires from the date of conclusion of the contract. The model withdrawal form at clause 14.3 may be used.

Effects of withdrawal: a refund of all payments without delay and no later than 14 days from receipt of the withdrawal statement, by the same payment method used by the consumer.

14.2 Legally required information

• Services: management of social media content (generating descriptions, scheduling and publishing, statistics).
• Price: Start PLN 99, Pro PLN 249, Network — individual pricing (gross prices; the Service Provider benefits from a VAT exemption, Art. 113(1) of the VAT Act).
• Duration of the contract: indefinite; the Subscription may be cancelled at any time with effect from the end of the current Billing Period.
• Means of communication: email (kontakt@socialplate.pl), telephone (572 272 538), website socialplate.pl.
• Complaints regarding non-conformity of a digital service with the contract: in accordance with Arts. 43h–43q of the Consumer Rights Act, the Consumer is entitled to remedies for non-conformity of the digital service with the contract for the duration of the Service.

14.3 Model withdrawal form

The form below (in accordance with Annex 2 to the Consumer Rights Act) may be completed and returned only where you wish to withdraw from the contract and the right of withdrawal applies:

15. Final provisions

15.1 Governing law and jurisdiction

Matters not regulated herein are governed by Polish law, in particular the Polish Civil Code, the Act on Electronic Service Provision, the Consumer Rights Act, the GDPR, and the DSA.

• For Consumers: the competent court is the court of general jurisdiction under the Code of Civil Procedure; these Terms may not restrict the Consumer's rights under mandatory law.
• For Businesses: the competent court is the court having local jurisdiction over the Service Provider's registered office (Częstochowa).

15.2 Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable in whole or in part, the remaining provisions shall remain in full force and effect. The parties undertake to replace the invalid provision with a valid provision that most closely reflects the original commercial purpose.

15.3 Governing language

These Terms have been drawn up in Polish. In the event of a translation of the Terms into another language, the Polish version shall prevail in case of any discrepancy.

15.4 Entire agreement

These Terms together with the Privacy Policy and, in the case of B2B Clients, the Data Processing Agreement (DPA) constitute the entire agreement between the parties and supersede all prior oral or written arrangements within the scope covered by these Terms.

15.5 Assignment

The User may not transfer rights and obligations under the contract to a third party without the prior written consent of the Service Provider. The Service Provider may transfer its rights and obligations under the contract to a third party as part of a sale of its business or an organised part thereof, informing Users at least 30 days in advance. In that event the Consumer is entitled to terminate the contract.

15.6 Data Processing Agreement (DPA)

Business clients (restaurants, venues) whose use of the Platform involves the transfer of personal data of third parties (employees, guests) may obtain a Data Processing Agreement (DPA) compliant with Article 28 GDPR at socialplate.pl/en/dpa. A PDF version for signature is available on request at: kontakt@socialplate.pl.

15.7 Contact and entry into force

Contact: kontakt@socialplate.pl, 572 272 538.

These Terms enter into force on 1 January 2026. Using the Services after that date constitutes acceptance of these Terms.