Terms of Service
tos-v3.11.Provider and scope
SMAT is provided by VirtualArtist Oskar Lendzion, Niepołomicka 34C/28, 80-180 Gdańsk, Poland, NIP PL5833494394, email [email protected]. SMAT is an online service for planning, creating, reviewing, scheduling and publishing social media content. These Terms govern the account, subscription, one-time credit top-ups and use of the service.
A user acting outside a trade or profession is a consumer. A natural person entering a contract directly related to their business may also have consumer rights where the contract is not professional in nature for that person under Polish law. Mandatory rights remain unaffected.
2.Account and contract
You must provide accurate registration and buyer information, protect account access and use the service only where you have authority to act. The contract is concluded when SMAT receives a valid account acceptance or a verified Stripe checkout confirmation, depending on the transaction. The confirmation records the accepted document versions, price, currency, trial, first charge date and declarations.
The free plan is read-only. Paid actions require an eligible paid plan and available credits. The plan features, limits and gross price shown in Stripe Checkout apply to the purchase.
3.Service and content controls
SMAT may generate or transform text and media with automated systems. Outputs can be inaccurate and must be checked for the intended use. The product does not promise that every item is manually reviewed before publication. Publishing behaviour depends on the configuration and controls available in the account.
You retain rights to material you upload and grant SMAT the limited licence needed to process, store and publish it on your instructions. You are responsible for having the necessary rights and for not submitting unlawful, infringing, deceptive or harmful material.
4.Subscription, trial, renewal and cancellation
A paid subscription starts immediately after the verified checkout event, subject to any displayed trial. The checkout shows the gross price, currency, billing cycle, trial length and first charge date before the order is placed. A payment card may be required for a trial.
The subscription renews automatically for the selected billing cycle until cancelled. You can cancel in the billing portal. Access remains active until the end of the paid period. Cancellation stops future renewals and does not itself withdraw from, rescind or refund a period already supplied. Failed payment may restrict cost-generating actions while already paid access is handled under the billing status shown in the service.
5.Consumer withdrawal and immediate start
An eligible consumer generally has 14 days from conclusion of a distance contract to withdraw. At checkout the consumer separately requests performance before that period ends and acknowledges the consequence of full performance. The exact subscription statement is: “I request that SMAT begin providing the service before the 14-day withdrawal period expires. I acknowledge that I will lose the right to withdraw once the service has been fully performed and, if I withdraw earlier, I must pay proportionately for the service supplied up to withdrawal.”
For a paid subscription started at the consumer’s request, the proportionate amount is calculated only from time actually supplied in the paid Stripe period: amount_due_gross_minor = floor(charged_gross_minor * paid_elapsed_seconds / paid_period_seconds). paid_elapsed_seconds is clamped to that actual paid period. The gross remainder is refunded. Provider costs, clicks and credit consumption do not increase this subscription amount. A free trial has zero paid elapsed value. Statutory exceptions and mandatory local law apply.
6.One-time credit top-ups
A top-up is a separate one-time paid service balance. It does not renew automatically and has no recurring cancellation. Purchased credits do not expire while the account and service remain available. Credits are allocated first from subscription credits and then from purchased lots in purchase order (FIFO).
The exact top-up statement is: “I request the immediate start of services funded by this top-up before the 14-day withdrawal period expires. I acknowledge that, if I withdraw, I must pay proportionately for the credits used and that I will lose the right to withdraw once the entire top-up has been used.” For an eligible withdrawal: amount_due_gross_minor = floor(purchase_gross_minor * consumed_lot_credits / purchased_lot_credits). The gross remainder is refunded and the corresponding unused lot credits are removed. Consumed and refunded credits never become available again.
7.Payments and invoices
Stripe processes checkout, recurring payments, refunds and billing documents. The payment method, tax treatment and invoice data presented by Stripe apply to the transaction. SMAT does not ask you to send full card details. For B2B purchases, Stripe collects the business name and tax ID; the buyer remains responsible for their accuracy.
A payment or activation is not final merely because the browser returns from Stripe. SMAT relies on a verified provider event correlated with the accepted checkout snapshot.
8.Complaints, conformity and support
Send service or billing complaints to [email protected] with the account email, transaction reference if applicable, the issue and the requested resolution. We respond within 14 days. Consumers retain mandatory remedies for lack of conformity of digital services, including bringing the service into conformity, price reduction or termination where the statutory conditions are met.
SMAT may offer a voluntary goodwill credit or refund after individual support review. Goodwill is not promised, is not a contractual entitlement and never limits statutory withdrawal, conformity, complaint or refund rights.
9.Restrictions and notices
Do not use SMAT to break the law, violate third-party rights, compromise systems, distribute malware, impersonate others, evade platform rules or process data without a lawful basis. We may restrict specific content or access where reasonably necessary for security, law, third-party rights or these Terms.
Report allegedly illegal content or account misuse to [email protected]. Include where the material appears, why it is unlawful or abusive, and evidence allowing assessment. SMAT records a manual decision, gives reasons where legally permitted and provides an escalation contact.
10.Availability, changes and liability
We aim to keep the service available but do not guarantee uninterrupted operation or a particular outcome from generated content or third-party platforms. We may make proportionate technical or security changes. A material contractual change is communicated on a durable medium where required and does not remove already acquired mandatory rights.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for intentional harm, or limits consumer remedies under mandatory law. Otherwise, liability is assessed under applicable law and the direct, foreseeable loss connected with the affected service.
11.Privacy, governing law and contact
The Privacy Notice explains personal-data processing, the Cookie Policy explains browser storage, and the AI Disclosure explains automated-system transparency controls. Where the customer is a controller and SMAT is its processor, these Terms incorporate Data Processing Addendum version dpa-v1.0, SHA-256 8455a8336c4400d014ea9acba54272aaba37e581de6dda406ad7ed7a91893bd3, at the immutable archive URL /legal/archive/dpa/dpa-v1.0/8455a8336c4400d014ea9acba54272aaba37e581de6dda406ad7ed7a91893bd3. This pin identifies the exact incorporated DPA without a separate acceptance.
Polish law governs to the extent permitted, without depriving a consumer of mandatory protection of their country of habitual residence. Courts have jurisdiction under applicable law. Contact: VirtualArtist Oskar Lendzion, Niepołomicka 34C/28, 80-180 Gdańsk, Poland, [email protected].