1. General provisions
These terms govern the use of the apps and digital services provided by Polbyte and the purchase of paid plans. They are the terms of service for electronically supplied services within the meaning of the Polish Act of 18 July 2002 on the provision of electronic services.
The service provider is Polbyte Artur Olszak, ul. Chmielna 2/31, 00-020 Warsaw, Poland, VAT ID PL8252049978, REGON 360085612, e-mail: info@polbyte.com ("Polbyte", "we", "us").
These terms cover in particular the following products (together, the "Services"):
- Polmowa Online (polmowa.polbyte.com): an app for learning Polish,
- SamplePad (samplepad.polbyte.com, app.samplepad.polbyte.com): an app for playing and recording samples,
- Polbyte Games (games.polbyte.com): browser games,
- Polbyte ERP (erp.polbyte.com) and Polbyte IoT (iot.polbyte.com): business systems,
- other apps provided under the polbyte.com domain that refer to these terms.
For Polbyte ERP, Polbyte IoT and other deployments under an individual agreement, that agreement prevails, and these terms apply to the extent the agreement does not exclude them.
2. Definitions
- User: a person using the Services.
- Consumer: a natural person acting for purposes outside their trade, business or profession.
- Sole trader with consumer rights: a natural person running a business who concludes a contract directly related to that business where the contract is not of a professional nature for them (Art. 38a of the Polish Consumer Rights Act). They have the consumer rights described in sections 8 and 10.
- Account: a User's individual access to a Service, protected by a login and password or another sign-in method.
- Paid plan: paid access to features of a Service, either as a Subscription or as Time-limited access.
- Subscription: a Paid plan that renews automatically every billing period (e.g. monthly) until cancelled.
- Time-limited access: a Paid plan bought once for a fixed period (e.g. 12 months) that does not renew automatically.
- Paddle: Paddle.com Market Limited, our online reseller, described in section 5.
3. Technical requirements
To use the Services you need a device with internet access and a current browser (Chrome, Safari, Firefox, Edge or equivalent) with JavaScript enabled; to create an Account and make purchases, an active e-mail address. Some features (e.g. recording sound in SamplePad) require permission to use the microphone or other device features.
4. Account and use of the Services
- Parts of the Services are available free of charge and without an Account. Creating an Account is free.
- Users provide accurate information and keep their password confidential. Users are responsible for actions taken with their Account unless these happened through no fault of their own.
- It is forbidden to: provide unlawful content, circumvent security measures and limits, interfere with the Services (including attacks, automated mass data scraping, faking game leaderboard results), or share an Account or Paid plan with third parties contrary to its purpose.
- In case of serious or persistent breach of these terms we may, after asking the User to stop (where possible), suspend the Account or remove the infringing content. Users with an active Paid plan are informed of the reason by e-mail.
- An Account can be deleted at any time in the app or by writing to info@polbyte.com. The Account agreement is concluded for an indefinite period and may be terminated by the User at any time.
5. Purchases and payments – Paddle
- Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
- When buying a Paid plan, the User concludes a sales contract with Paddle under the Paddle Buyer Terms. Polbyte is responsible for delivering and operating the Service.
- Paddle issues the purchase confirmation and the invoice or receipt and charges VAT or other tax applicable in the buyer's country. Businesses can enter their VAT number in the checkout.
- Available payment methods (e.g. card, Apple Pay, Google Pay, PayPal, BLIK) depend on the country, currency and type of plan and are shown in the checkout. BLIK is available for one-time payments in Polish złoty only.
- Prices are published in the Polbyte pricing and on the pages of each Service. The final price, including tax, is shown in the checkout before the order is placed.
- We activate the Paid plan as soon as the payment is confirmed, usually within minutes.
6. Subscriptions and Time-limited access
- A Subscription renews automatically for the next billing period, and the fee is charged to the chosen payment method at the start of each period until cancelled.
- A Subscription can be cancelled at any time in the Account settings, via the link in the e-mail from Paddle, or by writing to us. Cancellation takes effect at the end of the current billing period; access remains active until then.
- Time-limited access is valid for the paid period and expires automatically. We do not charge any further fees. Before the end of the period we send a reminder with an option to extend. Extending before expiry adds the new period to the current end date.
- We notify Users of Subscription price changes by e-mail at least 30 days before they take effect. The new price applies from the first billing period after that date. Users who do not agree can cancel the Subscription before then. Price changes do not affect periods already paid or Time-limited access.
- When upgrading, Paddle charges the prorated difference. Downgrades take effect from the next billing period.
7. Refunds
Regardless of statutory rights, we offer a 14-day no-questions-asked refund, counted from the purchase or from each Subscription renewal. See the refund policy for details.
8. Right of withdrawal
- Consumers and sole traders with consumer rights may withdraw from a distance contract within 14 days without giving any reason, by sending a statement to info@polbyte.com or via Paddle (link in the purchase confirmation).
- Under Art. 38(1)(13) of the Polish Consumer Rights Act, the right of withdrawal does not apply once the supply of digital content has begun with the consumer's express consent, after they were informed that they would lose the right of withdrawal and acknowledged this. Nevertheless, we voluntarily grant refunds within 14 days as set out in section 7.
9. Licence and content
- The Services, their code, graphics, sounds and content are protected by copyright. Under any plan (including free ones), the User receives a non-exclusive, non-transferable licence to use the Service as intended for the duration of access.
- Content created by the User (e.g. recordings, projects, notes) remains the User's property. The User grants us a licence only to the extent needed to store, process and display it within the Service.
- Users can delete their content at any time. After an Account is deleted we delete its content within 30 days, except for backups, which are overwritten in their normal cycle.
10. Complaints and conformity with the contract
- We are responsible for the conformity of the Services with the contract under the Polish Consumer Rights Act (chapter 5b, digital content and services). Complaints about how the Services work can be sent to info@polbyte.com, stating the Account e-mail, the Service and a description of the problem.
- We respond to complaints within 14 days of receipt. If we do not respond within that period, the complaint is deemed accepted.
- Payment, invoice and refund matters are handled by Paddle via paddle.net. We are also happy to help.
- Consumers may use out-of-court complaint and redress procedures, such as consumer ombudsmen or consumer protection bodies in their country. In Poland: prawakonsumenta.uokik.gov.pl.
11. Availability and liability
- We do our best to keep the Services running without interruption, but short technical breaks may occur. We announce planned longer maintenance in advance where possible.
- Towards Users who are not consumers, we are liable only for damage caused intentionally or by gross negligence, up to the fees paid for the Service in the last 12 months. This limitation does not apply to Consumers or sole traders with consumer rights.
- Free Services (e.g. Polbyte Games) are provided as they are. We may change or discontinue them, announcing this in advance where possible.
- If we discontinue a Service for which the User has a Paid plan, we refund the unused part of the fee pro rata and allow the User to download their content.
12. Personal data
How we process personal data is described in the privacy policy.
13. Changes to these terms
We may change these terms for important reasons (changes in law, changes to the Services, security). We notify Users with an Account by e-mail at least 14 days before changes take effect. Users who do not agree can delete their Account and cancel their Subscription before then. Changes do not affect rights acquired before they take effect.
14. Final provisions
- These terms are governed by Polish law. This choice of law does not deprive Consumers of the protection afforded by mandatory provisions of the law of their country of habitual residence.
- Disputes with Users who are not consumers are settled by the court competent for Polbyte's registered office.
- These terms are available free of charge at polbyte.com/en/legal/terms/ and can be saved or printed. The Polish version is binding; the English version is provided for convenience.