Terms of Service

NanoInflu - Last updated: April 30, 2025

§ 1 DEFINITIONS

Whenever the Terms and Conditions or the Website refer to:

1. Operator/Nano – this shall be understood to mean Nano Prosta Spółka Akcyjna with its registered office in Białystok (15-540) at ul. Żurawia 71, NIP 9662195119, REGON 529197289, registered in the Register of Entrepreneurs of the National Court Register, whose registration files are kept at the District Court in Białystok, 12th Commercial Division, under KRS 0001117325, providing services through the Website,
2. Website – this means the website at https://nanoinflu.com run by the Operator, used to post Offers and conclude contracts for implementation on the terms specified in the Terms and Conditions and the Offer, and to communicate between Users,
3. Creator's Website – a website, web page, subpage, managed by the Creator, on which the Creator is entitled to publish advertising content, e.g. Facebook, Twitter, Instagram, TikTok, YouTube, Twitch,
4. User – a natural person with full legal capacity or limited legal capacity and the consent of legal guardians, a legal person or an organizational unit without legal personality that has concluded a Contract acting as a Client or Creator,
5. Client – this means a User who posts an Offer on the Website,
6. Creator – this means a User who offers to perform a Work through the Website,
7. Offer – this refers to information posted by the Client on the Website regarding the need to create specific advertising content with the aim of finding a Creator to perform the work or service described in the Offer,
8. Order – this means the scope of work to be performed, accepted and approved for execution by the Client and the Creator selected by the Client, in accordance with the content of the Offer and the provisions of the Terms and Conditions,
9. Work – this means the result of the Creator's work resulting from the execution of the Order in the form of advertising content,
10. Terms and Conditions – this means these Terms and Conditions,
11. Registration – this means the registration of the User on the Website by the Operator, requiring the provision of basic information necessary to create an Account necessary to access the functionality of the Website,
12. Account – means the User's account on the Website enabling the use of the Website's functionality,
13. Chat – means an internal communication channel on the Website enabling communication between the Ordering Party and the Creators,
14. Agreement – means the agreement for the provision of Services,
15. Service – this means the services provided by the Operator to the Service Provider by electronic means within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) within the Website and the Application,

§ 2 RULES OF THE WEBSITE

1. The Terms and Conditions define the conditions for the provision of Services by the Operator to Users, consisting of access to the Website through which Users can conclude contracts for the performance of Work, as well as settle contracts concluded between themselves.

2. Use of the Website may only take place in accordance with the rules set out in these Terms and Conditions, after their prior acceptance.

3. The Operator can be contacted via e-mail: contact@nanoinflu.com

4. The Operator is not a party to contracts concluded between Users because, within the Website, it acts as an intermediary enabling Users to conclude transactions, settle transactions, and communicate with each other via the Website. Therefore, the Operator shall not be liable for non-performance or improper performance of services or works by Creators or Clients.

5. In the event of a violation of third party copyrights in connection with an Order performed by a Creator or other failure to perform obligations by a Creator, the Creator shall bear sole responsibility towards the Client in this respect.

6. All communication between the Client and the Creator regarding the content of the Offer, i.e. the details of the performance of the Work, as well as at the stage of Order execution, shall take place exclusively via Chat. Users can use Chat to exchange documents, multimedia files, or advertising campaign briefs.

7. The Operator reserves the right to temporarily or permanently block access to the Website to a User who:

a. has violated the provisions of the Terms and Conditions or generally applicable laws,

b. acts to the detriment of the Operator,

c. provides illegal content;

d. provided false data during the Registration process.

8. Subject to the time necessary for the maintenance of the systems necessary to provide the Service, the Website is available 24 hours a day, 7 days a week.

§ 3 TECHNICAL REQUIREMENTS

1. In order to use the Website, it is necessary to have a computer device with Internet access and a web browser that supports SSL 2.0 encryption protocols and newer, e.g., current versions of Microsoft Edge, Chrome, Firefox, and Safari browsers. The costs of Internet access are borne by the user of the Service according to the tariff applicable to them by the given operator.

2. To create an Account, the User must have an active email address.

§ 4 USER ACCOUNT AND CONCLUSION OF THE AGREEMENT

1. In order to use the Website, the User must first register. Upon registration, a User Account is created, giving access to the Website's functionality.

2. The Operator creates a User Account after the User completes the registration form available on the Website and accepts the Terms and Conditions.

3. Acceptance of the Terms and Conditions by the User is tantamount to submitting a statement that they have read the Terms and Conditions and accept all of its provisions.

4. In the registration form, the User shall provide at least the data marked as mandatory in the registration form. A User who is an active VAT taxpayer is required to provide their tax identification number (NIP).

5. The data provided by the User in the registration form must be consistent with the actual and legal status. While using the Website, the User is obliged to update this data in the event of any changes.

6. The Operator reserves the right to verify the accuracy of the data provided by the User during registration with the actual or legal state of affairs. If it is determined that the data provided is inconsistent with the actual or legal state of affairs, the Operator may refuse Registration and Account creation or block the Account.

7. The User may only have one Account.

8. Logging into the Account consists of the User entering their login and password. The Operator allows logging into the Account via the User's account on social media platforms such as Instagram, TikTok, and Facebook.

9. Upon activation of the Account, an Agreement is concluded for an indefinite period. The Operator sends a notification of Account activation to the User's email address.

10. Registration and use of the Account is free of charge.

11. A User who is a consumer has the right to withdraw from a distance Agreement pursuant to generally applicable laws within 14 days of concluding the Agreement. This right may be exercised by sending a statement of withdrawal to the Operator by traditional mail or email (to meet the deadline, it is sufficient to send the letter before its expiry).

12. The right to withdraw from a distance contract is not available to the consumer, inter alia, in the case of a contract: for the provision of services for which the Consumer is obliged to pay the price, if the Operator has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the Operator has performed the service, they will lose the right to withdraw from the contract, and they accepted this, the delivery of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Operator has commenced the provision of the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that once the Operator has fulfilled the service, they will lose the right to withdraw from the contract, and they have acknowledged this, and the Operator has provided the Consumer with confirmation.

13. In the event of withdrawal from the Contract, the Operator shall delete the User's Account on the Website.

14. The User may, at any time and without giving any reason, send a message to the Operator with a statement of termination of the Agreement, by e-mail to the Operator's e-mail address or in writing to the Operator's address.

15. The Agreement shall be terminated with immediate effect on the date of receipt of the statement referred to in section 14 above by the Operator, unless the User has a current Offer or is in the process of completing an Order. In such a case, the Agreement shall be terminated after 30 days from the end of the publication of the Offer on the Website or from the completion of the Order.

16. The Service Provider may terminate the Agreement with the User with immediate effect if the User has violated the provisions of the Terms and Conditions, if the User's actions are contrary to the law or good manners, or if they damage the good image of the Website or the good name of the Operator.

17. Termination of the Agreement referred to in sections 14 and 16 above shall result in the deletion of the User's Account on the Website.

§ 5 RULES FOR PUBLISHING OFFERS

1. An Offer may only be posted by a Client authorized to conclude a contract with the content specified in the Offer.

2. The content of the Offer should be prepared in a reliable and complete manner and must not mislead other Users.

3. In the content of the Offer, the Client specifies:

a. all the conditions under which the Order is to be performed or may be performed, including information on the requirement to grant a license/transfer copyrights to the Work,

b. the amount of the budget allocated for the performance of the Work in accordance with the content of the Offer,

c. the expected date of completion of the Order.

4. The Ordering Party shall bear full responsibility for the content of the Offer, including responsibility for any errors or inaccuracies in the description of the subject of the Offer.

5. The Ordering Party may change the content of the Offer until the first Creator interested in performing the Work in accordance with the content of the Offer comes forward.

6. The content of the Offer may not violate applicable law, including personal rights or the rights of third parties (in particular copyright and other intellectual property rights), as well as good manners, and may not adversely affect the good name and reputation of the Operator.

7. It is prohibited to copy the content and other materials contained in Offers published on the Website for the purpose of publishing them on websites independent of the Website.

8. The Operator reserves the right to remove all or part of the content of an Offer posted on the Website if, for any reason, it considers that its content violates the provisions of the Terms and Conditions or applicable legal regulations.

§ 6 RULES FOR ACCEPTING AND EXECUTING ORDERS

1. Creators interested in a given Offer shall submit a proposal to perform the Work in accordance with the content of the Offer by using the appropriate tool available on the Website.

2. An Offer submitted by the Client, pursuant to Article 66(1) of the Civil Code, is binding on the submitter if the other party immediately confirms its receipt.

3. The publication of the Offer shall end in the following situations:

a. upon selection of the Creator by the Client,

b. upon expiry of the Offer publication period set by the Client,

c. in the event of early termination of the Offer publication by the Client.

4. After the Client selects the Creator who submitted a proposal to perform the Work in accordance with the content of the Offer, the Client and the Creator shall proceed with the activities related to the performance of the contract, and the Client shall pay the entire amount due for the performance of the Work.

5. After the payment has been made, the Operator shall send the Client a confirmation of the payment and its securing towards the remuneration due to the Creator for the performance of the Order.

6. Upon posting the Client's payment referred to in section 4 above, the Creator shall receive information about the securing of funds for the performance of the Order, and thus the Creator shall be obliged to proceed with the performance of the Order under the terms and conditions specified in the Offer.

7. After completing the Order, the Creator sends the result of the completed Order to the Ordering Party via Chat.

8. From the date of receipt of the completed Order, the Ordering Party is obliged to accept the completed Work within 7 days or refuse to accept it if they believe that it has been performed in a defective manner or is inconsistent with the content of the Offer. In the event of refusal to accept the Work, the Client is obliged to indicate the defects or non-compliance of the Work with the Offer and to agree with the Creator on the manner and deadline for removing the defects.

9. Further reservations, complaints or claims of the Client against the Creator related to possible non-performance or improper performance of the Order shall be settled directly between the Client and the Creator, without the possibility of directing any claims in this regard to the Operator.

10. Acceptance or lack of any decision on the part of the Client within the time limit referred to in paragraph 8 shall mean that the Order has been performed correctly, and as a consequence, the Operator shall generate a document in the form of a confirmation of the Order's completion and shall settle the account between the Client and the Creator in accordance with the rules set out in § 7 of the Terms and Conditions.

§ 7 SETTLEMENTS AND FEES

1. Settlement for the performance of the Work by the Creator for the Client shall be made through the Operator via the Website.

2. If the Client chooses to have the Order performed by a Creator who conducts business activity and is an active VAT taxpayer, the Client shall pay the amount due for the performance of the Work plus the applicable VAT rate.

3. The Client pays the fee for the performance of the Work by the Creator through the payment card charging functionality via the Stripe service.

4. The amount of remuneration paid by the Client for the performance of the Work will be assigned to a specific Order and will be visible on the Creator's Account as funds secured for remuneration.

5. The Creator's remuneration for the performance of the Order may only be paid after the Order has been deemed to have been performed correctly in accordance with § 6(10) of the Terms and Conditions.

6. The Creator is obliged to issue the Ordering Party with a VAT invoice or a bill covering the entire amount paid by the Ordering Party.

7. The Operator charges the Creator a service fee (commission) for each settled Order for the provision of Services.

8. The amount of the Operator's commission is specified in the price list available on the “Price List” page.

9. The remuneration due to the Creator shall be paid to the Creator's bank account indicated by the Creator on the Website, in the amount reduced by the commission due to the Operator, after the Creator has submitted an instruction on the Website.

10. A VAT invoice including the commission will be issued within 5 days of the payment of the Creator's remuneration.

11. The Creator declares that by accepting these Terms and Conditions, they agree to the sending of VAT invoices in electronic form to the Creator's email address provided during Registration.

12. In the event of withdrawal of consent to send VAT invoices in electronic form, the Operator loses the right to issue VAT invoices in electronic form from the day following receipt of the Creator's notification of withdrawal of consent. In such a case, the Operator will send VAT invoices in paper form by traditional mail to the Creator's address provided during Registration.

§ 8 USER OBLIGATIONS

The User is obliged in particular to:

a. use the Services offered by the Operator in a manner that does not interfere with the functioning of the Website,

b. use the Services offered by the Operator in a manner consistent with applicable law, the provisions of the Terms and Conditions, as well as with accepted customs and rules of social coexistence in this regard,

c. use the Services offered by the Operator in a manner that is not burdensome for other Users,

d. not deliver or transmit any content prohibited by applicable law within the Website, in particular content that infringes the property copyrights of third parties or their personal rights.

§ 9 CREATOR'S OBLIGATIONS

1. Throughout the term of the Agreement, the Creator undertakes not to take any actions that could artificially generate activities simulating the Creator's performance of the Order, in particular not to take any actions that could potentially affect the number of views of the Creator's Website or the number of clicks on an advertising link, or to purchase viewers; using bots, using fake accounts, using software that generates clicks or views, introducing settings that lead to the improper display of advertisements, including limiting or extending the availability and display of the Creator's Website or the availability of displayed advertisements.

2. The Creator is obliged to have full rights to manage the Creator's Website throughout the term of the Agreement in order to enable the display of advertising content carried out under the Order.

3. The Creator undertakes to comply with all applicable laws in connection with the provision of advertising content on the Creator's Website. The Creator assumes full responsibility for the manner of publishing advertising content and the use of materials made available on the Creator's Website.

§ 10 CONTENT POSTED ON THE WEBSITE

1. It is prohibited for Users to provide content via the Website that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is inconsistent with the Terms and Conditions.

2. The following content provided by the Service Provider is inconsistent with the Terms and Conditions:

a. content unrelated to the subject matter of the Website,

b. content of a spam nature,

c. content promoting activities competitive to those of the Operator,

d. serves to conduct activities prohibited by law, e.g. attempts at fraud, extortion of funds, impersonation of other persons,

e. incites violence against any living beings, including animals, or condones such violence,

f. promote any fascist or other totalitarian state system,

g. incite hatred on the basis of gender, sexual orientation, nationality, ethnicity, race, religion, or lack of religion, or condone such hatred,

h. insult a group of people or individuals on the basis of their gender, sexuality, nationality, ethnicity, race, religion, or lack thereof,

i. contain content of a chauvinistic or misogynistic nature, as well as content that bears the hallmarks of gender discrimination,

j. defame or insult any third party,

k. violate the personal rights of any third party, violate the copyright of any third party,

l. contain profanity or other offensive content,

m. incite dangerous behavior or condone such behavior,

n. offend religious feelings,

o. may cause discomfort to other Users, in particular through a lack of empathy or respect for other Users,

p. violate good manners in a manner other than that specified above.

3. If the Operator obtains any information giving rise to suspicion that, in connection with the User's content, a crime threatening the life or safety of a person or persons has been, is being, or may be committed, it shall immediately inform law enforcement authorities of its suspicion and provide all available information on the matter.

4. The Operator may, on its own initiative, conduct voluntary checks of the content posted by the User.

5. Anyone who considers the content published on the Website to be illegal or in violation of the Terms and Conditions may send a report concerning this content to the Operator by e-mail to contact@nanoinflu.com.

6. If the report contains the electronic contact details of the reporting party, the Operator shall send confirmation of receipt of the report to the reporting party without undue delay.

7. The Operator shall consider the report and make a decision on the content to which the report relates in a timely manner (within 14 days), in a non-arbitrary and objective manner, and with due diligence.

8. The Operator shall notify the reporting party and the User to whom the content relates of the decision taken without undue delay.

9. The Operator's decision may be to remove the content or leave it on the Website.

10. The reporting party and the User to whom the content relates may appeal against the Operator's decision within 14 days of receiving the justification for its removal.

11. The appeal should contain a comprehensive justification.

12. The Operator shall consider appeals within 14 days.

§ 11 LIABILITY

1. The Operator does not guarantee interest in the Ordering Party's offer displayed on the Website at the Ordering Party's request, nor is it obliged to take any action to increase such interest, except for the actions specified in the Terms and Conditions.

2. To the fullest extent permitted by law, the Operator shall not be liable for any disruptions, including interruptions in the functioning of the Website, caused by force majeure, unlawful actions of third parties, or incompatibility of the Website with the User's technical infrastructure.

3. The Operator shall not be liable for any damage resulting from the inability to use or malfunction of the Website and the incorrect use of the Website by the User.

4. The Operator shall not be liable for damage caused by the User disclosing their Account access data, i.e. login and password, to a third party.

5. To the fullest extent permitted by law, the Operator's liability for damages, including damages incurred by the User in connection with the Services or the Website, is excluded, in particular damages resulting directly or indirectly from the Service Provider's use of the services and the Website, as well as any failures or interruptions in the operation of the Website resulting from errors, data loss, defects, viruses, interruptions or delays in operation or data transmission, or any other causes.

6. The Operator shall not be liable for the accuracy and reliability of the information provided by Users, nor for the ability of Users to conclude and execute Orders.

§ 12 COMPLAINTS REGARDING WORKS CREATED BY CREATORS

1. Complaints regarding non-performance or improper performance of the Order shall be addressed by the Ordering Party directly to the Creator.

2. The Operator shall not be liable for the consideration of complaints by the Ordering Party regarding the performance or improper performance of the Work by the Creator in accordance with generally applicable laws.

3. In the event of a contract being concluded between the Client and the Creator, the User who is a consumer shall have the right to withdraw from the distance contract in accordance with generally applicable laws, whereby the Operator shall not be liable for the exercise of these rights by the User.

§ 13 TRANSFER OF COPYRIGHT AND LICENSES

1. If, as a result of the execution of the Order, the economic copyright to the work is to be transferred or a non-exclusive license is to be granted, the Creator declares that by accepting the Terms and Conditions, they consent to the transfer of economic copyrights to the Client or the granting of a non-exclusive license to the Client covering the right to use the Work under the conditions specified in this paragraph.

2. In the event of transfer of economic copyrights to the Ordering Party pursuant to Article 53 of the Act on Copyright and Related Rights, the Ordering Party and the Creator undertake to conclude an appropriate agreement outside the Website in writing, with the proviso that that the remuneration for the performance of the Order includes remuneration for the transfer of economic copyrights to the Work.

3. The Creator shall grant a non-exclusive license, including the right for the Client to use the subject of the Order, only on condition that the Order is accepted by the Client in the manner specified in these Terms and Conditions.

4. The Creator grants the Client a non-exclusive, territorially unlimited license covering the right to use the Work, including the fields of exploitation of Works listed in Articles 50 and 74 of the Act on Copyright and Related Rights, in particular:

a. in the scope of recording and reproducing the Work - producing copies of the Work using a specific technique,

b. entering them into a computer memory or the Internet and presenting them or other programs that use them on the Internet,

c. entering the Work into a computer network or the Internet in a manner enabling their use on demand by an interested end user,

d. translating, adapting, rearranging, or making any other modifications to the Work or parts thereof,

e. in the scope of trading the original or copies on which the Work has been recorded - placing the original or copies on the market, lending or renting them,

f. in the scope of distribution of the Work through public performance, exhibition, display, reproduction, broadcasting, and rebroadcasting, as well as making the Work publicly available in such a way that anyone can access it at a place and time of their choosing,

g. making changes to the Work, including translation, adaptation, layout changes, or any other changes to the Work,

h. distributing the use of the Work to an unlimited number of users simultaneously and disposing of the Work, including lending or renting it,

i. creating backup copies of the Work and making any modifications to the Work by the Client or entities entrusted with the modification by the Client.

5. The license is granted for 10 years.

§ 14 COMPLAINTS REGARDING INCORRECT OPERATION OF THE SERVICE

1. All complaints should be submitted to the Operator by the User via email: contact@nanoinflu.com or by registered letter sent to the Operator's registered office.

2. Complaints are considered within 14 days of receipt.

3. The Operator shall only consider complaints regarding the operation of the Website.

4. The complaint should contain information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; the User's claim; and the contact details of the person submitting the complaint, as this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

5. If the complaint does not meet the conditions, the Operator shall immediately inform the complainant of the need to supplement it, specifying a deadline of not less than 7 days and the scope of the supplement, with the instruction that failure to supplement the complaint within the specified deadline will result in the complaint being left unconsidered. After the specified deadline has passed without effect, the complaint shall be left unconsidered.

6. The Operator reserves the right to leave the complaint unanswered if the complaint does not contain sufficient data to identify the User or the entity that submitted the complaint, or does not contain data enabling the provision and sending of a response to the complaint.

7. A response to a complaint may be provided:

a. in writing, by sending a response to the address of the User/Complainant,

b. electronically to the email address provided by the User/Complainant.

§ 15 PERSONAL DATA

The rules governing the processing of Users' personal data by the Operator are set out in the Website Privacy Policy available at https://nanoinflu.com.

§ 16 INFORMATION ABOUT RISKS

1. Like any other Internet user, you are exposed to potential risks associated with using the Internet.

2. The basic risks associated with using the Internet include, among others:

a. Malware – various types of applications or scripts that have harmful, criminal, or malicious effects on the user's IT system, such as viruses, worms, Trojan horses, ransomware, adware, scareware, and other harmful programs,

b. spyware – programs that track the user's activities, collect information about the user, and usually send it to the program's author without the user's knowledge or consent,

c. spam – unsolicited advertising (commercial) information transmitted electronically,

d. phishing – obtaining confidential personal information (e.g., passwords) by impersonating a trustworthy person or institution,

e. hacking into the user's IT system using hacking tools,

f. cryptanalysis – the ability to find weaknesses in a cryptographic system in order to break or bypass it.

3. In order to avoid the above threats, the user should equip the devices they use to connect to the Internet with antivirus software and a firewall.

§ 17 LEGAL DISCLAIMER

1. All intellectual property rights to the Website, in particular to the text, graphics, multimedia elements, software, and databases contained therein, belong to the Operator.

2. The User is entitled to use the Website only in the manner specified in the Terms and Conditions or in a separate agreement.

3. In order to enable the User to use the Website, the Operator grants the User a free, non-exclusive, non-transferable, non-assignable, limited-time license to use the Website, without territorial restrictions. The license entitles the User to use the Website in accordance with its intended purpose and functionality specified in the Terms and Conditions. The User shall not be entitled to any other rights, including intellectual property rights, beyond those expressly specified in the Terms and Conditions; in particular, the User shall not be entitled to any use of the source codes of the Website. Violation of the provisions of this section may result in infringement of the Operator's copyrights to the Application and may result in the User being held legally liable in this respect.

§ 18 FINAL PROVISIONS

1. The Operator reserves the right to amend the Terms and Conditions in the following cases:

a. the need to comply with generally applicable laws, interpretations, or guidelines of authorized bodies,

b. the issuance of a ruling, decision, or other similar act by a court or authorized body,

c. prevention of violations of the Terms and Conditions or counteracting abuse, as well as removal of ambiguities or interpretative doubts regarding the content of the Terms and Conditions,

d. changes in the names, addresses or company details indicated in the Terms and Conditions,

e. changes in the functionality of the Website.

2. The Operator shall notify the User of any changes to the Terms and Conditions by e-mail sent to the User's e-mail address provided during Registration, at least 7 days before they come into force. If the User does not accept the changes, they have the right to terminate the contract for the provision of Services without notice by submitting an appropriate statement in writing within 7 days of receiving notification of the change.

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