Pixchoose

Terms of service

Last updated: 2026-10-05 · v4

§1. General provisions

  1. These Terms of Service set out the rules for providing services by electronic means within the Pixchoose online service, available at the address indicated in the Service (hereinafter: the "Service").
  2. The service provider is Wozniak Solutions sp. z o.o. (a Polish limited liability company) with its registered office in Warsaw, ul. Bukowińska 24C lok. 7, 02-703 Warszawa, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw (Sąd Rejonowy dla m.st. Warszawy w Warszawie) under KRS number 0000624966, tax ID (NIP) 5542939466, REGON 364773467, share capital PLN 150,000.00 (hereinafter: the "Provider").
  3. The Provider can be contacted via the e-mail address given in the Service under "Contact".
  4. These Terms constitute terms and conditions within the meaning of Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

§2. Definitions

  • Service / Pixchoose — a SaaS platform for photo selection by a photographer's clients, run by the Provider.
  • Agency (Photographer) — a User who is an entrepreneur or a natural person providing photography services, who creates an Account in the Service, creates Events and shares photos with their clients. The Agency is a party to a paid agreement with the Provider.
  • End Client (Customer) — a person invited to an Event by the Agency to select photos, who accesses the Event via an individual link, without having to create an Account.
  • User — the Agency and the End Client together.
  • Account — the Agency's individual panel in the Service, protected by a login and password.
  • Event — a session or gallery created in the Service by the Agency, within which photos are shared for selection. Events come in two types: session (photos scaled to 1024 px, no original files) and gallery.
  • Plan / Price List — a set of Service features together with their prices, published on the pricing page of the Service.
  • Starter credit — a one-off unit of account granted to a new Agency in accordance with §7.
  • Consumer — a natural person using the Service for purposes not directly related to their business or professional activity (Article 22¹ of the Polish Civil Code).
  • Entrepreneur with consumer rights (PNPK) — a natural person concluding an agreement directly related to their business activity, where the content of the agreement shows that it is not of a professional nature for that person.

§3. Types and scope of services

  1. For the Agency, the Provider provides in particular:
    • maintaining the Account;
    • creating and managing Events of the session and gallery types;
    • storing and processing photos uploaded by the Agency for the availability period of the Event;
    • giving End Clients access to the photo-selection interface;
    • handling payments and generating invoices on the terms set out in §8;
    • sending e-mail notifications related to Events.
  2. For the End Client, the Provider provides, free of charge and on behalf of the Agency, access to the photo-selection interface within an Event.
  3. The detailed scope and limits of features are described on the pricing page of the Service.
  4. When creating an Event, the Agency chooses its availability period from the options listed in the Price List for the currently purchased Plan. After that period the Event, together with its photos, is permanently deleted from the Service and cannot be restored. The Provider is not obliged to keep a backup of an Event after it expires; the Agency is responsible for archiving the original photos.

§4. Technical requirements

  1. To use the Service you need:
    • a device with Internet access;
    • an up-to-date web browser (Chrome, Firefox, Safari, Edge) with JavaScript and cookies enabled;
    • an active e-mail address (for the Agency; for the End Client — if the Agency has configured e-mail notifications).
  2. The Provider is not liable for technical problems resulting from the User not meeting the above requirements.

§5. Agency Account

  1. Only Agencies are required to create an Account.
  2. Creating an Account requires completing the registration form, providing true data and accepting the Terms and the Privacy Policy.
  3. The agreement for maintaining the Account is concluded upon confirmation of registration, for an indefinite period.
  4. The Agency must keep its login details confidential. The Provider is not liable for the consequences of these details being disclosed to third parties.
  5. The Account can be deleted at any time using the function available in the panel or by sending a request to the contact address.

§6. End Client access without an Account

  1. The End Client accesses an Event via an individual link generated by the Agency. The link may additionally be protected with an access code.
  2. The End Client accepts these Terms and the Privacy Policy upon first using the link and starting the photo selection.
  3. The service for the End Client is provided free of charge, to the extent commissioned to the Provider by the Agency (sharing the gallery, marking selected photos, downloading selected files to the extent resulting from the Event type).
  4. The End Client may stop using the Service at any time by closing the browser; no further action is required.
  5. The Agency may revoke or restrict access to an Event at any time. The Provider is not a party to arrangements between the Agency and the End Client concerning the scope and deadlines of the selection.

§7. Starter credit

  1. Each newly registered Agency receives a one-off starter credit equivalent to PLN 50 (fifty zlotys) gross, recorded on the Agency's internal settlement account in the Service.
  2. The starter credit is only a unit of account in the Service and does not constitute money. It cannot be paid out in cash, assigned or transferred to another Agency, and is not refundable in any form.
  3. The starter credit may only be used to pay for Service features in accordance with the applicable Price List.
  4. The starter credit has no fixed expiry date, but it expires when the Account is deleted (by the Agency or by the Provider in accordance with §15).
  5. The starter credit is granted once, to one Agency. Creating multiple Accounts in order to obtain the starter credit more than once is an abuse entitling the Provider to block or delete the Accounts together with their content and to cancel the unused credit.
  6. The Provider reserves the right to change the amount of the starter credit for future registrations; such a change does not affect credit already granted.

§8. Payments and invoices

  1. The Agency uses paid features in accordance with the Price List in force on the day of purchase.
  2. All prices shown in the Service are gross prices (including VAT due) in Polish zlotys, unless expressly stated otherwise.
  3. Payments are processed through an external payment operator indicated in the Service (including PayU). The Provider does not store payment card data.
  4. The payment date is the day on which the Provider's account, or the payment operator's account on behalf of the Provider, is credited.
  5. If a payment exceeds the amount due, the difference remains on the Agency's internal settlement account and is credited towards subsequent fees in the Service.
  6. Invoices are issued electronically by the 15th day of the month following the month in which the payment was made. By accepting the Terms, the Agency consents to receiving invoices electronically at the e-mail address assigned to the Account.
  7. For a recurring subscription, failure to pay on time results in suspension of access to the Plan's features until the arrears are settled.

§9. Rules for using the Service

  1. The User undertakes to use the Service in accordance with the law, good practice and these Terms.
  2. In particular, it is prohibited to:
    • provide unlawful content or content infringing third-party rights (including copyright, image rights and personal rights);
    • upload photos depicting illegal content, including CSAM, or content inciting violence or discrimination;
    • take actions that may destabilise the Service (e.g. DDoS attacks, vulnerability scanning without permission);
    • circumvent Plan limits or share Account access with third parties in order to circumvent the Price List.
  3. The Agency bears sole and full responsibility for the photos and other materials it posts in the Service, including their compliance with the law, copyright and third-party rights. The Agency represents that it holds the copyright to the uploaded photos and the consents of the persons depicted in them to the extent required by law. The Provider acts solely as a provider of hosting services for this content.
  4. If third parties bring claims against the Provider for infringement of their rights by content posted by the Agency (in particular copyright or image rights), the Agency shall provide the Provider with the necessary information and documents, cover reasonable defence costs, and satisfy claims found justified by a final judgment or by a settlement approved by the Agency.

§10. Intellectual property

  1. The Service, its graphic elements, code and marks are the property of the Provider and are protected by copyright.
  2. Photos uploaded by the Agency remain its property (or the property of the person who granted it an appropriate licence). The Agency grants the Provider a non-exclusive, royalty-free licence solely to the extent necessary to provide the services (storage, technical processing, display to End Clients, creating thumbnails and previews).
  3. The Provider does not use the Agency's photos to train AI models or for marketing purposes without separate, express consent.

§11. Complaints

  1. Complaints about the operation of the Service may be submitted electronically to the Provider's e-mail address, with the subject "Complaint".
  2. A complaint should include the User's details, a description of the problem and the expected resolution.
  3. The Provider will consider the complaint within 14 days of receipt and inform the User of the outcome at the e-mail address given in the complaint.
  4. End Client complaints about the scope of the shared gallery, the selection deadline, photo quality and Event content — being outside the scope of the Provider's service — should be addressed directly to the Agency.

§12. Withdrawal from the agreement

  1. A Consumer or an Entrepreneur with consumer rights may withdraw from an agreement concluded at a distance without giving any reason within 14 days of its conclusion, by sending a statement to the Provider's e-mail address.
  2. The right of withdrawal does not apply to the extent that the service has been fully performed with the express consent of the Consumer, who was informed of the loss of the right of withdrawal (Article 38 of the Polish Consumer Rights Act).
  3. If the provision of the service begins before the withdrawal period expires, the Consumer must pay an amount proportionate to the services performed up to the moment of withdrawal.

§13. Liability

  1. The Provider makes every effort to keep the Service running without interruption, but reserves the right to technical breaks necessary for maintenance and updates.
  2. Towards Agencies that are neither Consumers nor PNPK, the Provider's liability is limited to actual damage and to the amount of fees paid by the given Agency in the 12 months preceding the event causing the damage. Liability for lost profits is excluded.
  3. The Provider is not liable for the content of materials uploaded by the Agency or for the lawfulness of the relationship between the Agency and the End Client.
  4. The Provider is not liable for unavailability of the Service resulting from force majeure, attacks on the infrastructure (including DDoS and intrusions) or actions of external service providers (hosting, payment operator, e-mail provider).
  5. The Provider has no obligation to monitor or verify in advance the photos and other materials posted by the Agency or, through it, by End Clients. In accordance with Article 14 of the Act of 18 July 2002 on Providing Services by Electronic Means, the Provider is not liable for stored data unless it knows of its unlawful nature, and upon obtaining such knowledge it will promptly disable access to it.
  6. Anyone who has obtained credible information about the unlawful nature of photos or other content posted in the Service (in particular infringement of copyright, image rights or personal rights) may report it to the Provider at the e-mail address indicated in the Service, giving the reporter's details, a precise indication of the content (link to the Event, photo identifier) and the grounds for unlawfulness. Upon receiving a credible report, the Provider will promptly block access to the disputed content and notify the Agency; the Agency may raise objections within 7 days.

§14. Personal data protection

  1. The Provider is the controller of the personal data of the Agency and of the contact persons indicated in the Account.
  2. To the extent that the Agency uploads personal data of third parties to the Service (including images and contact details of End Clients), the Provider acts as a processor and the Agency as the controller. Processing is entrusted on the terms described in the Privacy Policy.
  3. Detailed rules for processing personal data are set out in the Privacy Policy.

§15. Termination

  1. The Agency may stop using the Service at any time by deleting the Account.
  2. For a recurring Plan, the Agency's notice takes effect on the last day of the paid billing period. Until that day the Agency retains full access to the Service.
  3. The Provider may terminate the agreement with 14 days' notice in the event of a gross breach of the Terms by the Agency, after an unsuccessful request to cease the breach.
  4. If actions threatening the security of the Service, unlawful content or abuse of the starter credit are found, the Provider may block access to the Account immediately, informing the Agency electronically of the reasons for the block.
  5. After termination, the Agency's data is deleted or anonymised within the periods set out in the Privacy Policy, subject to statutory obligations (including tax law).

§16. Changes to the Terms

  1. The Provider may change the Terms for important reasons (change in the law, change in Service functionality, change in the billing model, security reasons).
  2. Agencies are informed of changes at least 14 days in advance, electronically and through a message in the Service requiring re-acceptance.
  3. The End Client accepts the version of the Terms in force on the day they use the link to the Event.
  4. If the Agency does not accept a new version of the Terms, it may terminate the agreement with immediate effect.

§17. Final provisions

  1. These Terms are governed by Polish law. This does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
  2. Disputes with Users who are neither Consumers nor PNPK are resolved by the court competent for the Provider's registered office.
  3. A Consumer may use out-of-court complaint and redress procedures, in particular the assistance of a municipal or district consumer ombudsman (rzecznik konsumentów) and the permanent consumer arbitration courts at the Voivodeship Inspectorates of Trade Inspection. Information on these procedures is available at uokik.gov.pl.
  4. In the event of any discrepancy between language versions of the Terms, the Polish version prevails.
  5. As of the date this version of the Terms enters into force, the Provider is Wozniak Solutions sp. z o.o., replacing CLEAR SKY Przedsiębiorstwo Usługowo-Handlowe Bartłomiej Woźniak (NIP 5542972328). Accounts, Events and the balance of the Agency's internal settlement account, including any unused starter credit, remain available on the existing terms. Payments made before that date are settled and invoiced by the previous provider.
  6. This version of the Terms enters into force on the date of publication.