Terms of Service and License Agreement of the app.m4w.pl Platform

a) The Client may use data, information, photographs, graphics, descriptions, audiovisual materials, product data, offer data and other content in the Website originating from websites, shops, sales systems, booking systems, external platforms and other sources belonging to them or operated by them, to which they have lawful access or appropriate permissions, hereinafter referred to as „Client Materials”.

b) Customer Materials may be transferred to the Service directly by the Customer or downloaded, read or transferred upon the Customer's instruction using modules, plugins, browser extensions, integrations, APIs or other technical mechanisms made available by the Service.

c) The Service may process the Customer's Materials to the extent necessary to perform the functions selected by the Customer, in particular for the purpose of preparing post content, graphics, video materials, advertising materials and other content, also through the use of artificial intelligence technology, as well as publishing them on social media and other channels indicated by the Customer.

d) The Client independently decides on the selection of the source, data and Client Materials provided or made available to the Service, and on the manner of using the materials created on their basis.

e) The Client declares that they hold all rights, licences, consents or other legal grounds necessary to use the Client Materials to the extent that they use them via the Website. This applies in particular to rights to photographs, graphics, audiovisual materials, descriptions, offer and product data, trademarks, logos, images and materials made available to the Client by manufacturers, suppliers, organisers, tour operators, commercial partners, third-party system operators or other entities.

f) The Client shall bear responsibility for the lawfulness of the Client Materials transferred, indicated or made available to the Website, and for holding the appropriate rights or authorisations to process, modify, use them for creating new materials, and to publish or distribute them.

g) The Service constitutes a technical tool enabling the Client to automate the downloading or reading of data indicated by them, as well as the preparation, processing, generation and publishing of content. The Service does not determine the sources of the Client's Materials nor does it grant the Client rights to materials originating from external sources.

h) The mere fact that the Service has the technical ability to download, read, transmit, process or use a specific material does not constitute confirmation that the Customer holds the rights to use it.

i) The Client undertakes not to use the Service to download, process, generate or publish materials to which they do not hold the required rights or permissions, nor in a manner that infringes the rights of third parties or the terms of use of external services, platforms and systems.

j) In the event of a third party raising claims regarding Client Materials or content created on their basis, the Service may temporarily restrict the ability to process or publish them and request the Client to provide information regarding the legal basis for using the given material.

a) The app.m4w.pl service uses external artificial intelligence models and AI technology providers to automatically generate texts, graphics, video materials, voice, animations, and other multimedia content.

b) The generation of materials is carried out using the services of third-party entities, whose operations, availability, terms and conditions, security policies, limits, algorithms, and content moderation mechanisms are beyond the Operator's control.

c) The operator shall not be liable for refusal to generate material, interruption of the generation process, rejection of a task, limitation of functionality, or blocking of content resulting from the decisions, policies, or actions of artificial intelligence model providers.

d) In particular, artificial intelligence models may refuse to generate materials containing or referring to trademarks, trade names, logos, product packaging, promotional materials, fictional characters, characters from films, series, games, comics, brands, products protected by intellectual property rights, licensed materials, images of persons, or other content that, according to the AI model provider's rules, may violate applicable regulations, third-party rights, or safety policies.

e) The Operator cannot influence or override decisions made automatically by artificial intelligence models. AI model providers may change the operating principles, security policies, limits, algorithms, and methods of evaluating submitted materials at any time without prior notice to the Operator.

f) The user acknowledges that identical inputs may lead to different generation results, a refusal to generate material, or varying final outputs, particularly after AI models have been updated or their operating principles have changed.

g) The Operator does not guarantee the ability to generate material for every product, photo, description, script, or other data provided by the User.

h) The operator shall not be liable for the inability to generate material resulting, in particular, from:

• technical limitations of artificial intelligence models,
• AI service provider security policy,
• detection by AI models of potential infringement of copyright, industrial property rights, trademarks, image rights, or other third-party rights,
• temporary unavailability of AI model provider services,
• limits on the use of AI services,
• errors, changes, or limitations introduced by AI model providers.

i) The User accepts full responsibility for any content, images, videos, product descriptions, and other materials submitted for processing, and confirms that they possess all rights and consents necessary for their use in accordance with applicable law.

j) The Operator reserves the right to refuse to carry out a task, suspend its processing or omit its execution if there is a reasonable suspicion of violation of applicable legal provisions, third-party rights, AI service provider terms and conditions, or the provisions of these Regulations.

k) The Operator reserves the right to automatically skip, block, or not send to external AI models tasks that have a high probability of being rejected due to the detection of protected trademarks, licensed characters, copyrighted materials, content infringing third-party rights, or other elements that may violate the safety policies of AI model providers. Such action is intended to protect system resources, reduce service provision costs, and ensure the proper functioning of the Platform, and does not constitute a non-performance or improper performance of the Agreement by the Operator.

l) Fees charged for task completion cover the use of the Operator's infrastructure and external services necessary for the generation process. If an external artificial intelligence model refuses to generate material for reasons beyond the Operator's control, the Operator shall not be liable for the inability to obtain the expected result, and any refund, regeneration of material, or compensation shall be solely according to the rules set by the Operator.

m) By using the Platform, the User accepts that the generated materials are the result of the operation of artificial intelligence models, the functioning of which may change independently of the Operator. The Operator does not guarantee a specific quality, compliance with the User's expectations, the ability to generate every material, nor does it bear responsibility for the consequences of changes introduced by AI technology providers.