Terms of Service

§1. General provisions

1. These Terms of Service set out the rules for the provision of services by electronic means by Windify Digital Services, with its registered office at ul. Płocka 127/16, 87-800 Włocławek, NIP: 8943145650, REGON: 384382857 (hereinafter: the "Service Provider" or the "Controller"), through the Vougly mobile application available on the App Store and Google Play (hereinafter: the "Application") and the marketing website available at vougly.app (hereinafter: the "Website"). Together, the Application and the Website are hereinafter referred to as "Vougly".
2. These Terms constitute the terms for the provision of services by electronic means within the meaning of Article 8(1)(1) of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną) (Journal of Laws of 2020, item 344, as amended).
3. Contracts concluded through the Application and the Website are governed by the provisions of the Polish Act of 30 May 2014 on Consumer Rights (ustawa o prawach konsumenta), the Act of 23 April 1964, the Civil Code (Kodeks cywilny), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and other applicable provisions of Polish and EU law.
4. Vougly is a tool intended primarily for persons selling used and new clothing on marketplace platforms (in particular Vinted), as well as on other online sales channels. Use by Consumers takes place on the terms set out in these Terms, with due respect for the mandatory provisions on consumer protection.
5. Use of the Application or the Website constitutes acceptance of these Terms in their entirety. A User who does not accept these Terms is not entitled to use Vougly.
6. The Service Provider reserves the right to amend these Terms at any time. The Service Provider will notify Users holding an Account of any material changes by email or by means of an in-Application notice with at least 14 days' notice. Continued use of Vougly after the changes take effect constitutes acceptance of them. A User who does not accept the changes should cease using Vougly and delete their Account.
7. These Terms are made available free of charge in a form that allows them to be downloaded, saved and printed, on the Website at vougly.app/terms and in the Application settings.

§2. Definitions

The terms used in these Terms have the following meanings:

• Application, the Vougly mobile application for iOS and Android, made available by the Service Provider through the App Store and Google Play.
• Website, the Vougly marketing website available at vougly.app, presenting the Application and enabling, among other things, the purchase of Credit packages.
• User, a natural person (including a Consumer), a legal person or an organisational unit without legal personality that uses the Application or the Website.
• Consumer, a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity (Article 22¹ of the Civil Code). The provisions concerning the Consumer also apply to a natural person concluding a contract directly related to their business activity where the contents of that contract indicate that it does not have a professional character for that person (Article 385⁵ of the Civil Code).
• Account, an individual User profile in the Application, created during registration, enabling use of Vougly's functionality.
• Credits, the Application's internal billing unit enabling use of the paid photo-generation features. Credits have no monetary value outside Vougly, do not constitute electronic money within the meaning of the Polish Act of 19 August 2011 on Payment Services (ustawa o usługach płatniczych) and may not be traded.
• Package, a set of Credits offered by the Service Provider for purchase against a one-off fee (e.g. Start, Plus, Pro).
• Generation, a single operation in which the Application produces a photo of a garment on a model, against a background or in another selected setting, using artificial intelligence (AI) technology.
• User Content, photos of garments, optional selfies ("own model") and other materials uploaded by the User to the Application in order to carry out a Generation.
• Generated Content, photos and other materials produced by the Application using AI at the User's request. They constitute digital content within the meaning of the Consumer Rights Act.
• Force majeure, an external event that cannot be foreseen or prevented and is beyond the Service Provider's control, in particular natural disasters, epidemics, acts of war, acts of terrorism, strikes, failures of telecommunications or power infrastructure, cyberattacks, decisions of public authorities, and failures of external providers (AI models, cloud infrastructure, the App Store, Google Play).

§3. Technical requirements and the Account

1. Use of the Application requires a mobile device running a version of iOS currently supported by Apple or a version of Android currently supported by Google, with access to the Internet. Use of the Website requires a current web browser (Chrome, Firefox, Safari, Edge) and access to the Internet.
2. An Account in the Application can be created by signing in with an Apple ID (Sign in with Apple), with a Google account, or by providing an email address. Registration requires the provision of true and current information. Providing false information constitutes a breach of these Terms.
3. The User is obliged to secure access to their Account and not to disclose login credentials to third parties. The User bears full responsibility for actions taken using their Account. The Service Provider is not liable for damage resulting from unauthorised access to the Account caused by the User's act or omission.
4. A single User may hold only one Account. Creating multiple Accounts in order to obtain the registration bonus or free Credits more than once, or to circumvent restrictions, is prohibited and may result in the immediate blocking of all of the User's Accounts, with no right to a refund of funds or Credits.
5. The User undertakes to use Vougly in accordance with applicable law, these Terms and good practice. In particular, it is prohibited to attempt to circumvent technical safeguards, to trigger Generations automatically (bots, scripts), to use the Application for unlawful purposes, or to reverse engineer the Application.

§4. Scope of services

1. Vougly enables, in particular:

   • uploading photos of garments (e.g. taken at home, laid flat) from the User's device to the Application;
   • generating product photos using AI, including a garment on a model ("AI try-on") and against a selected studio background (marble, wood, hanger, natural fabric);
   • optionally creating the User's "own model" based on reference photos (selfies);
   • archiving Generations and downloading them in a format ready for publication in listings (e.g. on Vinted);
   • purchasing Credit Packages and managing the Credit balance.
2. The Service Provider provides the Services on an "as is" and "as available" basis. The Service Provider does not guarantee that any specific commercial outcome (e.g. increased sales on Vinted) will be achieved in connection with the use of Vougly.
3. The Service Provider reserves the right to modify, suspend or discontinue any of Vougly's functionality, including changing the scope, parameters and manner of operation of individual Services. The Service Provider will use reasonable efforts to inform Users of material changes with appropriate advance notice.
4. The Service Provider reserves the right to permanently shut down Vougly at any time, subject to at least 30 days' notice. During the notice period, Users may use their remaining Credits. Unused Credits purchased for a fee are subject to a refund upon a request submitted by the User during the notice period; the refund covers an amount proportional to the number of unused Credits. Credits granted free of charge (e.g. the welcome bonus, promotional codes) are not refundable.
5. The Service Provider does not guarantee uninterrupted and error-free operation of Vougly. Technical downtime, maintenance work, updates, infrastructure migrations and failures do not constitute a breach of these Terms and do not give rise to any liability for damages on the part of the Service Provider, subject to § 8.
6. The Service Provider does not guarantee the availability and continuity of operation of the external providers used by Vougly, including AI model providers, cloud infrastructure providers (Cloudflare), the App Store and Google Play. Interruptions or changes in the operation of those entities do not constitute a breach of these Terms.
7. No SLA (Service Level Agreement). The Service Provider does not provide Vougly under a guaranteed level of availability (SLA). It does not undertake to meet any particular response time, generation time, uptime or other measurable parameters of technical quality. Expressions such as "20 seconds" in marketing materials are estimates based on the average of measurements taken to date and do not constitute a contractual commitment.
8. Technical limits. The Service Provider reserves the right to introduce reasonable technical restrictions (rate limiting, limits on the number of concurrent Generations, limits on the size of uploaded Photos) necessary to ensure the stability of Vougly and equal access for all Users. Such restrictions are applied equally and do not constitute a reduction in the service.
9. Beta version and pre-release features. Vougly is in an active phase of development. Certain features may be marked as beta, pre-release or experimental. Such features may be subject to material change, restriction or removal without prior notice. Generation results obtained in beta mode may differ from a later production version. Use of beta features is at the User's own risk.

§5. User Content, prohibited content and licence

1. The User warrants that they hold all rights necessary to upload the User Content to the Application. In particular, it is prohibited to upload:

   • photos depicting minors (persons under 18 years of age), in any context;
   • obscene or pornographic content, or content promoting violence or hate speech;
   • content contrary to Polish, EU or international law;
   • photos of third parties without their explicit consent; this applies in particular to the "own model" feature, in which the person depicted in the reference photos is required to have given the User consent to the use of their likeness in the manner described in these Terms;
   • content infringing copyright, trademark rights or other intellectual property rights of third parties.
2. The User grants the Service Provider a non-exclusive, royalty-free, worldwide licence to use the User Content solely to the extent necessary to provide the Services, including transmitting the User Content to the AI model provider in order to carry out a Generation and storing the User Content in the Service Provider's infrastructure.
3. The Service Provider may use the User Content and Generated Content in anonymised and aggregated form for the purpose of improving the operation of the Application, in particular for training its own AI models. The User may withdraw consent to such use at any time by changing the privacy settings in the Application or by contacting [email protected]. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
4. The Service Provider reserves the right to refuse to carry out a Generation and to remove User Content if it finds that it breaches paragraph 1 of this section, with no right to a refund of the Credits used for the Generation whose result was blocked due to the breach.

§6. Generated Content, ownership and liability

1. Upon carrying out a Generation, the Service Provider grants the User a full commercial licence, non-exclusive, worldwide and unlimited in time (subject to paragraph 4), to use the Generated Content in the User's commercial activity, including in listings on Vinted, Allegro and OLX, in an online shop, on social media (Instagram, TikTok, Facebook) and in marketing materials for the User's own business.
2. The User may modify the Generated Content, add their own markings and combine it with other materials.
3. The Service Provider retains the right to make anonymous, aggregated use of the Generated Content for statistical purposes and for training AI models (in accordance with § 5(3)), with the option for the User to withdraw consent.
4. The licence referred to in paragraph 1 does not include the right to resell the Generated Content as a separate service (e.g. on a "I generate AI photos for third parties" basis) or to sublicense it beyond the scope necessary for publishing sales listings.
5. The User is solely responsible for ensuring that the use of the Generated Content complies with applicable law and with the terms of the platforms on which they publish it (Vinted, OLX, Allegro, Depop, Vestiaire and others). In particular, the User undertakes to comply with policies on labelling AI-generated photos where a platform requires such labelling (e.g. the "AI-generated photo" option on Vinted). The Service Provider is not liable for any blocking, restriction or removal of the User's listings resulting from the User's breach of the terms of those platforms.
6. The User also acknowledges the obligations arising from their own sales activity, including tax, accounting and consumer obligations towards their own customers. The Service Provider does not provide legal, tax or accounting advice, and the Generated Content is solely a photographic tool, not advice relating to sales.
7. The Service Provider is not liable for any damage arising in connection with the use of the Generated Content, including loss of revenue, breach of platform terms, the blocking of the User's sales account on third-party platforms, or third-party claims.
8. No guarantee of uniqueness. AI generation is probabilistic in nature. AI models may produce Generated Content that bears a resemblance to the works of third parties, to materials existing in the public domain, or to Generated Content produced for other Users on the basis of similar input data. The Service Provider does not guarantee the uniqueness of the Generated Content or that it will not resemble other existing materials. Use of the Generated Content in commercial activity should take this risk into account.
9. Right to refuse a Generation. The Service Provider reserves the right to refuse to carry out a Generation where the Application's automated safety systems detect a potential breach of § 5(1) (prohibited content) or where the Generation would exceed the technical limits referred to in § 4(7). Refusal of a Generation does not consume a Credit.
10. Indemnification clause: The User undertakes to indemnify and hold harmless the Service Provider, its employees and subcontractors, and to cover the costs (including legal costs) arising from third-party claims raised in connection with the User's use of the Generated Content or User Content. This provision does not limit the rights afforded to Consumers under mandatory provisions of law.

§7. Credit packages, prices and payments

1. Carrying out a Generation requires holding Credits in the Account. The standard cost of a Generation is: 3 Credits for a photo of a garment on a model (from the gallery or on your own figure), 2 Credits for a photo of a garment on a surface against a studio background. A one-off upload of the User's own figure as a model is free of charge. Certain advanced operations (e.g. generation at a higher resolution or in "bulk" mode) may consume a greater number of Credits. The current cost of an operation in Credits is always displayed in the Application before a Generation begins and requires confirmation by the User.

2. Credit Packages currently offered:

   Package	Number of Generations	Price (gross)
   Start	12 Credits (e.g. 4 Generations on a model)	9,99 zł
   Plus	60 Credits (e.g. 20 Generations on a model)	39,99 zł
   Pro	150 Credits (e.g. 50 Generations on a model)	79,99 zł

   All prices are stated in Polish zloty (PLN) and include VAT at the applicable rate. The current price list is available in the Application and on the Website and constitutes the sole binding source of information about Package prices.

3. Packages are sold as one-off purchases. Vougly does not use subscriptions or automatic renewal; no funds will be charged without an explicit action by the User.
4. Purchased Credits do not expire and remain in the User's Account until they are used or the Account is deleted.
5. Credits may not be exchanged for cash, transferred to another User, moved between Accounts or resold.

6. Payments are handled through two channels:

   • In the Application, via the payment mechanisms made available by the Apple App Store and Google Play, in accordance with the terms and refund policies of those platforms. Cash refunds in this channel are carried out in accordance with the App Store / Google Play procedures.
   • Sales directly on the Website (vougly.app) are not currently available. All purchases of Credit Packages take place exclusively in the Application.
7. After each successful transaction, the User receives a purchase confirmation by electronic means. A User conducting business activity may request the issuance of a VAT invoice by writing to [email protected], providing their NIP and invoice details, within 3 months of the transaction.
8. The Service Provider reserves the right to change Package prices, their contents, the cost of individual operations and to introduce promotions at any time. Changes do not affect Credits already purchased; their number remains unchanged.
9. New Users may receive a one-off welcome bonus in the form of free Generations. The amount of the bonus is promotional in nature, is determined by the Service Provider and may be changed or withdrawn at any time. The bonus is granted only once per person / email address.

§8. Right of withdrawal, refunds and complaints

1. Right of withdrawal from the contract (Consumer). In accordance with Article 27 of the Polish Act of 30 May 2014 on Consumer Rights, the Consumer has the right to withdraw from a distance contract without giving any reason within 14 days of its conclusion. This right, however, does not apply to contracts for the supply of digital content not delivered on a tangible medium where performance has begun with the Consumer's explicit consent before the expiry of the withdrawal period and the Consumer has been informed of the loss of that right (Article 38(13) of the Act).
2. Unused Package. If the Consumer has purchased a Package and has not used a single Generation from it (the Package balance remains untouched), they may withdraw from the contract within 14 days of the date of purchase by writing to [email protected]. The refund will be processed within 14 days of acceptance of the withdrawal, using the payment method used for the purchase (via the App Store or Google Play, in accordance with the purchase channel).

3. Complaints about defective Generations. If the result of a particular Generation is clearly broken, e.g. anatomically distorted, the garment has been rendered incorrectly (a colour change, removal of a pattern, missing key elements), the Generation returned a technical error, or another visible defect has occurred, the User may submit a complaint to [email protected], attaching:

   • the identifier (number) of the Generation shown in the archive;
   • a brief description of the problem;
   • a screenshot or the output file (if possible).

   The Service Provider will consider the report and, if it is upheld, will refund the Credit(s) used for the defective Generation to the Account balance within 7 days.

4. A complaint arising solely from subjective dissatisfaction with the artistic result of a Generation (e.g. a preference for a different model pose, a different lighting style) does not constitute grounds for a refund of Credits. Each Generation can be repeated in the Application at the cost of a further Credit, in which case the User receives a new variant.
5. Technical complaints concerning the operation of Vougly (e.g. login errors, payment problems on the App Store or Google Play side, unavailability of the Application) should be submitted to [email protected]. The Service Provider confirms receipt of a complaint within 14 days and considers it within 30 calendar days of its receipt. Failure to respond to the Consumer within 14 days of submission of the complaint constitutes acceptance of the complaint in accordance with the law.
6. A complaint should include: the User's identifying details (the Account email address), a detailed description of the problem, the date and circumstances of its occurrence, and the expected manner of resolution.
7. The Consumer has the right to use out-of-court methods of handling complaints, including via the ODR (Online Dispute Resolution) platform available at ec.europa.eu/consumers/odr, as well as district (municipal) consumer ombudsmen and the Provincial Trade Inspectorates.

§9. Liability and limitations

1. The total aggregate liability of the Service Provider towards the User on any basis connected with the use of Vougly, including contractual liability, tortious liability and liability for unjust enrichment, is limited to the amount actually paid by the User in the 3-month period immediately preceding the event. This limitation does not apply to damage caused intentionally and does not affect the mandatory provisions of consumer protection law.

2. The Service Provider is not liable for:

   • interruptions in access to Vougly, regardless of their cause and duration;
   • loss of the User's data, including Generated Content saved solely in the Application's archive; it is recommended that important Generated Content also be saved locally;
   • the acts or omissions of third parties, including AI model providers, cloud infrastructure (Cloudflare), the App Store, Google Play, Apple Push Notifications and Firebase Cloud Messaging;
   • force majeure (in accordance with § 2 of these Terms);
   • damage resulting from the use of Vougly in breach of these Terms or the law;
   • consequential, indirect, incidental or special damage, including loss of profits, customers or reputation;
   • the consequences of using the Generated Content in the User's commercial activity, including the blocking of accounts on marketplace platforms.
3. The provisions of this section concerning limitations of the Service Provider's liability do not apply to the extent that they would be contrary to mandatory provisions of Polish law, including consumer protection provisions. In relation to Consumers, the Service Provider's liability is governed by mandatory provisions of law.

§10. Intellectual property

1. The Application, the Website, their source code, design, logos, the name "Vougly", graphic layout, structure, database, AI models and all materials made available by the Service Provider are the property of the Service Provider or of entities with which the Service Provider has concluded relevant agreements, and are protected under the Polish Act of 4 February 1994 on Copyright and Related Rights (ustawa o prawie autorskim i prawach pokrewnych) and other provisions on the protection of intellectual property.
2. The User obtains a non-exclusive, non-transferable licence to use the Application solely for their own use, in accordance with these Terms.
3. Copying, reproduction, decompilation, reverse engineering, the creation of derivative works of the Application, scraping, automated data retrieval or any other use going beyond the scope set out in these Terms is prohibited.
4. The rules for licensing the Generated Content to the User are set out in § 6 of these Terms.

§11. Blocking and deletion of the Account

1. The Service Provider reserves the right to immediately suspend or delete a User's Account without prior warning in the event of:

   • a breach of these Terms, in particular § 5(1) (prohibited content);
   • a suspected abuse of the Credit system or the welcome bonus;
   • the creation of multiple Accounts by a single person;
   • conduct that may threaten the proper functioning of Vougly (bots, scraping, DDoS attacks);
   • acting to the detriment of the Service Provider or other Users;
   • a request from law enforcement authorities or on the basis of the law.
2. In the event of deletion of an Account through the User's fault, unused Credits are forfeited with no right to a refund, subject to mandatory provisions of consumer protection law.
3. The User may delete their Account themselves in the Application settings. Deletion of the Account is irreversible and results in the deletion of all User Content, Generated Content saved solely in the archive, and unused Credits.
4. The Service Provider retains transaction data (the history of Package purchases) for the period required by tax law (5 years from the end of the tax year), even after the Account is deleted.

§12. Protection of personal data

1. The controller of Users' personal data is the Service Provider.
2. Personal data is processed for the purpose of providing the Services, fulfilling orders, handling complaints, and for purposes arising from the Service Provider's legitimate interests, in accordance with the GDPR.
3. Detailed information on the processing of personal data is set out in the Privacy Policy.
4. Information on the use of cookies and similar technologies on the Website is set out in the Cookies Policy.

§13. Governing law and dispute resolution

1. These Terms and all legal relationships arising from the use of Vougly are governed by Polish law. In matters not regulated by these Terms, the provisions of Polish law apply, in particular the Civil Code, the Act on the Provision of Services by Electronic Means and the Consumer Rights Act.
2. Businesses: Disputes arising from the use of Vougly by Users who are not Consumers will be resolved by the court having jurisdiction over the Service Provider's registered office.
3. Consumers: Disputes involving Consumers will be resolved by the court having jurisdiction in accordance with the provisions of the Code of Civil Procedure (Kodeks postępowania cywilnego), including the rules on alternative jurisdiction. The Consumer also has the right to use out-of-court methods of dispute resolution (§ 8(7)).
4. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in force to the fullest extent permitted by law.
5. These Terms, together with the Privacy Policy and the Cookies Policy, constitute the entire agreement between the User and the Service Provider regarding the use of Vougly.
6. These Terms take effect on the date of their publication.

§14. Service Provider details

Windify Digital Services
ul. Płocka 127/16, 87-800 Włocławek
NIP: 8943145650 · REGON: 384382857
Contact: [email protected]