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REGULATIONS FOR THE DOCMATIC MARKETING SERVICE

Service Description
The service consists of generating marketing or promotional materials for publication on social media in the form of short visual content such as Reels, posts, or graphic animations.

1. Definitions

1.1. Survey – an electronic form available on the Operator’s website, used by the User to present their expectations regarding the offered service.
1.2. Civil Code – the Polish Act of 23 April 1964 (Civil Code), Journal of Laws of 1964 No. 16, item 93 (Kodeks cywilny).
1.3. Material – marketing content in the form of a post, graphic, or reel.
1.4. Operator – DOCMATIC spóÅ‚ka z ograniczonÄ… odpowiedzialnoÅ›ciÄ… (limited liability company) with its registered office in Kraków at ul. Szlak 77/22, 31-153 Kraków, entered into the Register of Entrepreneurs maintained by the District Court in Kraków, 11th Commercial Division of the National Court Register (Krajowy Rejestr SÄ…dowy), NIP: 9452218274, share capital: PLN 5,100.00, which provides the Service to the User.
1.5. Subscription Fee – the total monthly fee for using the User’s selected package under a subscription model.
1.6. Package – the scope of tasks to be performed by the Operator.
1.7. Regulations – this document, containing the rules for using the Service.
1.8. Agreement – the agreement for the provision of the Services on the terms specified in these Regulations, concluded between the User and the Operator.
1.9. Entrustment Agreement – the agreement concluded between the Operator and the User, constituting Appendix No. 1 to these Regulations.
1.10. Services – services provided electronically by the Operator, consisting in delivering the materials described in the Package.
1.11. User – a natural person, legal person, or other legal entity without legal personality, for whom the Operator provides the Service under an agreement concluded in accordance with these Regulations for the provision of services by electronic means.
1.12. Act on the Provision of Electronic Services – the Polish Act of 18 July 2002 on the provision of electronic services, Journal of Laws of 2002 No. 144, item 1204 (Ustawa o Å›wiadczeniu usÅ‚ug drogÄ… elektronicznÄ…).
1.13. Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights, Journal of Laws of 2014, item 827 (Ustawa o prawach konsumenta).

2. General Provisions

2.1. All persons using the Service may view these Regulations at any time, free of charge, on the Operator’s website. The Regulations may also be downloaded and printed from the Operator’s website at no charge.
2.2. The Regulations set out the rules and conditions for the provision of services by the Operator.
2.3. This document constitutes regulations within the meaning of Article 8(1)(1) of the Act on the Provision of Electronic Services.
2.4. The Operator has no control over the accuracy or correctness of any content or information provided or used by Users; therefore, the User acknowledges that only providing correct and complete data will enable the Operator to properly render the services.
2.5. In order to ensure the proper performance of the Service and to strive for the highest quality of the services provided, the Operator may communicate with the User by telephone as well as by email, at the address given by the User when completing the Survey.
2.6. Content created by the Operator may contain elements that are subject to the copyright of Canva Pty Ltd. Accordingly, it is prohibited to sell, transfer, assign, or otherwise make available the work results arising from the Agreement to any third party.

3. Client Account

3.1. Creating an account is optional. It enables payment handling as well as access to the history of transactions.
3.2. Each User may only have one Account.
3.3. It is prohibited to share passwords or allow third parties to use the Platform on behalf of the User.

4. Services Available on the Platform

4.1. Under the Platform, the User has the ability to use, in particular, the following Services:
4.1.1. The service of delivering static or animated graphics using materials provided by the Client or external materials used by the Operator.

5. Packages

5.1. The Service may be used under the Packages listed on the website www.docmaticstudio.com.

6. Fees

6.1. The use of the Service in the Start and Premium packages requires the User to pay a fee in accordance with the price list provided at www.docmaticstudio.com.
6.2. The Subscription Fee is paid via an online payment system.
6.2.1. In the “Subscription” package, the Subscription Fee is paid in advance for subsequent monthly periods of using the Service.
6.2.2. The monthly billing cycle starts on the date the first payment is posted and ends on the date corresponding to the day on which the subscription period began or, if there is no such date in the following month, on the last day of that month.
6.2.3. By choosing a credit card or debit card as a payment method for the Subscription Fee, the User agrees to have their credit card or bank account automatically charged for the full amount of fees due for each period of using the Service. The User also agrees to the Operator’s use of external entities as intermediaries in the payment process and to disclose to them any data related to the transaction.
6.2.4. If choosing a credit or debit card as the payment method for the Subscription Fee, the fee for each subsequent month will be automatically charged for 12 months.
6.2.5. By choosing an online payment system, the User acknowledges and accepts the terms of service provided by the Operator available at www.docmaticstudio.com.

7. Withdrawal from the Account Agreement

7.1. The Client has the right to withdraw from the Agreement upon receiving the first version of the Materials for approval—namely the text version and one sample graphic.
7.2. The Client may reject the first version of the Materials within 48 hours of their delivery. After this time, if the User does not explicitly declare their intention to reject the service, the Agreement will proceed.
7.2. Once the implementation process of the Agreement has begun, the right to withdraw from a distance contract does not apply, as the Service is customized and tailored to the needs of a particular User.

8. Intellectual Property

8.1. The content created as part of the service provided by the Operator is not considered a work within the meaning of Article 1(1) of the Copyright and Related Rights Act, and thus does not constitute the Operator’s intellectual property, with the exception of the elements referred to in Section 2.8 of the General Provisions.
8.2. The Operator states that it is not obligated to label or mark the content provided as AI-generated works. Meanwhile, the User is responsible for placing any required AI attribution or disclosure in a visible place on the content or in its description, or at least somewhere that allows recipients to read the notice without undue difficulty, if such a requirement is imposed by generally applicable laws or by the regulations of the platform on which the User publishes the content.

9. Disclaimers and Limitations

9.1. The Platform is designed to present information to the extent permitted by generally applicable law and in an objective manner.
9.2. The Operator reserves the right to publish sponsored content, including commercial information and advertisements, to the extent permitted by law. Such content will be clearly identified and distinguished as advertising material.
9.3. Any commercial information contained on the Platform does not constitute an offer within the meaning of the Civil Code and cannot serve as grounds for any claims against the Operator.
9.4. The Operator assumes no responsibility in connection with the User’s use of the Materials produced as part of the Service.
9.5. The Operator is not liable for the results of sharing, disclosing, or using the delivered Materials.
9.6. The Operator is not responsible for the truthfulness or legal compliance of the content or Materials produced. It is thus the User’s obligation to use them in accordance with the generally applicable provisions of law, particularly consumer protection and competition law.
9.7. The Operator reserves the right not to provide the Service if the service request would violate social norms, good practices, generally applicable law, or the Operator’s interests or the provisions of these Regulations.
9.8. If any provision of these Regulations would limit the rights of a Consumer that cannot be limited or excluded by mandatory law, such provision shall not apply to the Client who is a Consumer.
9.9. The User bears full responsibility for any actions or omissions they perform under the Service.
9.10. The User may not sublicense, resell, rent, lease, assign, donate, or otherwise transfer or distribute the Materials or any rights granted under these Regulations.
9.11. The User may not use any of the Materials as part of a trademark, design mark, trade name, company name, or service mark.
9.12. The User may not remove any copyright notice, trademark, or other proprietary rights notice from any Materials.
9.13. The Client and the User may not use or display the Materials as a stand-alone element on websites or in other places intended for the sale, licensing, or distribution of products “on demand,” such as postcards, mugs, T-shirts, posters, and other items.
9.14. The Client and the User may not use the Materials in an obscene, immoral, unlawful, defamatory, or slanderous manner, in connection with pornography, or in a way that might present any person or property in a false light.
9.15. The User may not separate or use parts of the Materials individually.
9.16. The User may not use any Materials for editorial purposes without including the following attribution next to the Materials: “©Docmatic studio via Canva.com.”
9.17. The User may not incorporate the Materials into any product that results in the redistribution or reuse of the Materials or otherwise make them available in a manner that would allow a person to extract, access, or reproduce the Materials as an electronic file.
9.18. The User may not use or display the Materials in any electronic format that enables their downloading, exporting, or distribution via mobile devices or via a file-sharing peer-to-peer network or similar system.
9.19. The Client and the User may not act in violation of the Canva licensing terms found at: https://www.canva.com/policies/content-license-agreement/ (or a local-language equivalent).
9.20. The Operator’s liability toward non-Consumer Clients is limited exclusively to intentional misconduct and is capped at the amount received from that Client in connection with the event that gave rise to the Operator’s liability. Furthermore, the Operator’s liability for lost profits is excluded with respect to such entities.
9.21. Any matters not regulated by these Regulations shall be governed by the generally applicable laws, including the Act on the Provision of Electronic Services.

10. Complaints

10.1. Complaints regarding the Platform should be submitted via email to: office@docmatic.ai.
10.2. Complaints are processed within 14 days from the date of receipt of the claim.
10.3. If the complaint procedure does not yield the expected outcome for a User who is a consumer, they may use, among others:

  • 10.3.1. Assistance from the relevant European Consumer Center belonging to the ECC-Net network. The Centers inform consumers about their rights and help resolve individual issues related to cross-border transactions. The assistance of Consumer Centers is, in principle, free of charge. A list of Centers for respective countries can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html.

  • 10.3.2. The online dispute resolution (ODR) platform, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=E.

  • 10.3.3. Mediation conducted by the territorially competent Provincial Inspectorate of the Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which one should apply with a request for mediation. In principle, the procedure is free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

  • 10.3.4. Assistance from the territorially competent Permanent Consumer Arbitration Court operating at the Provincial Inspectorate of the Trade Inspection, to which one should submit a request to consider the case before the arbitration court. In principle, the procedure is free of charge. A list of such courts is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

  • 10.3.5. Free assistance from a municipal or county consumer ombudsman.

11. Personal Data

11.1. The controller of the Users’ personal data is DOCMATIC spóÅ‚ka z ograniczonÄ… odpowiedzialnoÅ›ciÄ…, with its registered office in Kraków at ul. Szlak 77/22, 31-153 Kraków.
11.2. Personal data is processed in accordance with the Operator’s privacy policy, available at: https://www.docmatic.ai/cookies-and-privacy-policy.

12. Amendments to the Regulations

12.1. The Operator reserves the right to amend these Regulations only for valid reasons. A valid reason is understood to mean the necessity to amend the Regulations caused by:

  • 12.1.1. Adapting the Service to legal regulations;

  • 12.1.2. Improving the security of the provided Services;

  • 12.1.3. Changing functionalities;

  • 12.1.4. Streamlining operations;

  • 12.1.5. Enhancing the quality of the provided Services;

  • 12.1.6. Changing the price list.

Appendix No. 1 to the Regulations – Entrustment Agreement

DATA PROCESSING ENTRUSTMENT AGREEMENT

This Data Processing Entrustment Agreement is an integral part of the Regulations and sets out the rules for the Operator’s processing of the Users’ personal data for the purpose of providing the service.

I. DEFINITIONS

  1. Terms capitalized but not otherwise defined in the Entrustment Agreement have the meanings ascribed to them in the Regulations.

  2. For the purposes of the Entrustment Agreement:

    • Personal Data – means information about an identified or identifiable natural person, which is the subject of the entrustment of processing under the Entrustment Agreement, in connection with the conclusion of the Agreement with the User.

    • Entrustment Agreement – means this Data Processing Entrustment Agreement.

II. PERSONAL DATA

  1. The User entrusts the Operator with the processing of the following scope of Personal Data:

    1. Type of data entrusted for processing – all data placed in the Survey.

    2. Type of processing activities – collecting, recording, organizing, structuring, storing, reviewing, transferring, modifying, deleting.

    3. Form of processing – electronic.

III. PROCESSING OF PERSONAL DATA

  1. The User entrusts the Operator with the processing of Personal Data in connection with the Agreement, and the Operator accepts this assignment.

  2. The Operator may process the Personal Data referred to in Chapter II of the Entrustment Agreement solely for the purpose of performing its obligations under the Agreement, including providing specified functionalities and technical support.

  3. Changes to the scope of entrusted Personal Data processing are made by the User sending the new scope of the entrusted Personal Data to be processed to the Operator by email. The change takes effect if the Operator does not object within 7 days of receiving the message.

  4. Concluding the Entrustment Agreement constitutes documented instructions from the User for the Operator to process Personal Data.

IV. DATA SECURITY MEASURES

  1. The Operator declares that it has the necessary infrastructure resources, experience, expertise, and qualified personnel to properly perform the Entrustment Agreement in accordance with applicable law, including, in particular, the principles arising from the GDPR.

  2. In order to protect Personal Data, the Operator undertakes to apply appropriate technical and organizational measures to ensure a level of security that corresponds to the risk of violating the rights or freedoms of natural persons whose Personal Data are processed under the Entrustment Agreement.

V. PERSONS HAVING ACCESS TO PERSONAL DATA

In relation to the persons the Operator uses for the performance of the Entrustment Agreement (regardless of the legal relationship between the Operator and such persons), the Operator undertakes to:

  1. Use only persons authorized to process Personal Data to perform the Entrustment Agreement, and to train these persons in matters of data protection and liability for non-compliance with data protection laws;

  2. Keep records of persons authorized to process the entrusted Personal Data and a register of processing activities;

  3. Oblige the persons whom it uses in performing the Entrustment Agreement to keep the Personal Data confidential.

VI. FURTHER ENTRUSTMENT OF DATA PROCESSING

  1. The Personal Data is not transferred by the Operator for further processing.

  2. The Operator reserves the right that, during the term of the Entrustment Agreement, it may become necessary to further entrust the processing of Personal Data to a third party (processor) pursuant to Article 28(2) GDPR, in order to properly provide the Services, which the User hereby consents to.

  3. The Operator undertakes to use only processors who provide sufficient guarantees to implement appropriate technical and organizational measures such that processing complies with applicable law, including the GDPR, and ensures appropriate protection of the rights of data subjects.

  4. The User agrees to the further entrustment of Personal Data processing under Article 28(2), second sentence of the GDPR. The Operator shall inform the User of any intended changes concerning the addition or replacement of processors no later than 14 days before the planned further entrustment of Personal Data processing.

  5. Further entrustment of Personal Data processing does not require an amendment to the Entrustment Agreement.

  6. Within 14 days of receiving information about the further entrustment of Personal Data processing, the User may object. Filing an objection by the User also constitutes termination of the Agreement with effect at the end of the billing period in which the objection was raised. During the notice period, the Operator will not carry out the further entrustment of Personal Data processing.

  7. The Operator shall ensure that processors abide by the obligations imposed on the Operator in the Entrustment Agreement, particularly with respect to implementing and applying at least the same level of protection for Personal Data as provided for in the Entrustment Agreement.

VII. TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

  1. The Operator processes Personal Data only within the territory of the European Economic Area.

  2. The Operator reserves that, during the term of the Agreement, it may become necessary to transfer Personal Data to third countries. In such a case, the provisions of Chapter VI of the Entrustment Agreement shall apply accordingly, and the Operator shall additionally inform the User of the legal bases for transferring Personal Data to third countries, in particular about the appropriate safeguards under Article 46 GDPR, including standard contractual clauses.

VIII. SUPPORT FOR THE USER IN FULFILLING PERSONAL DATA OBLIGATIONS

  1. When data subjects exercise their rights, the Operator shall assist the User, especially by applying appropriate technical and organizational measures, in fulfilling the obligation to respond to requests from data subjects to exercise their rights under Chapter III of the GDPR. This support shall be provided in a form and within a deadline that enable the User to properly and timely meet its obligations.

  2. In particular, the Operator is obliged to:

    1. Provide information and disclose Personal Data at the User’s request within 2 business days;

    2. Promptly, and no later than within 2 business days, inform the User of any request regarding the exercise of a data subject’s rights;

    3. Provide the User with necessary information about processing Personal Data on the Platform for the purpose of conducting a Data Protection Impact Assessment by the Operator;

    4. Provide the User, upon their request, with information relating to the requests of data subjects regarding Articles 15–22 of the GDPR, at the email address: office@docmatic.ai.

IX. INCIDENTS

  1. The Operator shall inform the User immediately, but no later than within 48 hours, about any incident concerning Personal Data, understood as a breach, suspicion, or attempt to breach Personal Data protection if such an incident concerns or may affect the processing of Personal Data (“Incident”).

  2. The Incident report shall include:

    1. A description of the circumstances of the event constituting a Personal Data breach and its established or suspected causes;

    2. A description of the nature of the Personal Data breach, including, where possible, the categories and approximate number of data subjects affected and the categories and approximate number of Personal Data entries involved;

    3. A description of the possible consequences of the breach;

    4. A description of the remedial measures taken by the Operator to minimize any negative effects of the breach.

  3. The information referred to in sec. 2 above shall be provided to the User’s email address.

  4. If a Personal Data breach is identified, the Operator shall immediately take all necessary technical and organizational measures to eliminate the causes of the breach and minimize its potential negative consequences.

X. PROVISION OF INFORMATION TO THE USER

  1. The Operator shall promptly, and no later than within 5 business days, inform the User about:

    1. Any proceedings, particularly administrative or judicial, relating to the processing of Personal Data, any administrative decision or court ruling regarding Personal Data directed to the Operator, as well as any planned proceedings or ongoing inspections relating to the processing of Personal Data;

    2. Instructions issued by the User concerning the processing of Personal Data, which, in the Operator’s opinion, could constitute a violation of the GDPR or other generally applicable data protection laws.

  2. At the User’s request, the Operator shall promptly provide all information necessary to demonstrate compliance with the obligations set out in Article 28 GDPR.

XI. AUDIT

  1. The User may carry out an audit of the processing of Personal Data by the Operator, to the extent involving the areas of Personal Data processing entrusted to the Operator, at any time during the term of the Entrustment Agreement, under the conditions specified in the Entrustment Agreement.

  2. The User is entitled to conduct an audit of the processing of Personal Data by the Operator, free of charge, in the following cases: (i) an obligation to conduct such an audit is imposed on the User by a supervisory authority, or (ii) conducting such an audit is necessary to determine the circumstances of a Personal Data breach.

  3. In other cases of the User conducting an audit of the processing of Personal Data, not specified in sec. 2 above, the Operator shall be entitled to charge the User a fee to cover the justified costs related to carrying out the audit.

  4. The fee referred to in sec. 3 above shall each time be increased by applicable VAT at the rate in force on the day the Operator issues the invoice.

  5. After receiving a notification from the User, the Operator will issue a pro forma invoice covering the estimated costs of the audit. Then, the Operator shall issue the appropriate invoice based on the actual costs of the audit.

  6. To carry out an audit other than that indicated in sec. 2 above, the User must notify the Operator, in at least a documentary form, of their intention to conduct it at least 10 days before the planned audit date. The notice should specify the exact scope, date, and persons authorized by the User to conduct the Personal Data processing audit. After receiving such notice, the Operator shall inform the Client whether the audit may be carried out on the proposed date and shall provide a preliminary estimate of the audit costs.

  7. Except for the situations listed in sec. 2 above, if, due to circumstances for which the Operator is not responsible, including an ongoing audit by other entities, it is not possible to conduct the audit on the date specified by the User, the Operator will inform them of the earliest possible date to conduct the audit.

  8. An audit of Personal Data processing, in the scope regarding the areas of Personal Data processing (e.g., the Operator’s premises and IT systems), may not last longer than 2 business days.

  9. The parties shall draw up and sign a protocol summarizing the audit of Personal Data processing, including any findings or changes agreed upon by both parties concerning the scope of Personal Data processing.

  10. Regardless of the obligation to pay the fee referred to in sec. 3 above, the User shall bear their own costs of conducting the audit.

XII. LIABILITY

  1. In the event of non-performance or improper performance of the Entrustment Agreement, the Operator shall be liable for damages incurred by the User up to the amount of the actual loss.

  2. The Operator is liable for the actions or omissions of the entities to which it entrusts further processing of Personal Data (processors) as if they were the Operator’s own actions or omissions, in accordance with the rules of liability set forth in sec. 1 above.

XIII. TERMINATION OF PERSONAL DATA PROCESSING

  1. Within 30 days of the conclusion of the period of Personal Data processing by the Operator, the Operator shall delete the Personal Data from all storage media, including all existing copies, unless the parties agree otherwise in at least a documentary form.

  2. If, under applicable law, the Operator is obliged to store the Personal Data for any period after the conclusion of the processing period, the Operator shall immediately inform the User of such circumstances. Further processing of Personal Data shall be carried out by the Operator only to the extent and for the purpose of fulfilling legal obligations, and solely for the period prescribed for that purpose.

XIV. FINAL PROVISIONS

  1. The Entrustment Agreement constitutes the entire set of obligations and conditions concerning the entrustment of Users’ Personal Data processing between them and the Operator in connection with the conclusion of the Agreement and the provision of the Services, including the User’s use of the Platform.

  2. In matters not regulated by the Entrustment Agreement, the relevant provisions of the Agreement shall apply, and thereafter the provisions of Polish law, particularly the Civil Code and legal acts regulating the principles of data protection, as well as the GDPR.

  3. In the event of any discrepancy between the provisions of the Entrustment Agreement and the provisions of the Agreement, the provisions of the Agreement shall prevail.

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