EN PL

GenForge Terms of Service

Version 2.1 · in force as of 27 April 2026

These Terms also cover: Consumer rights (§ 3b, § 3c, § 9, § 12, § 16), Referral programme — § 4a, Promotions and discount coupons — § 4b, Marketing communications and reactivation campaigns — § 11a, Data Processing Agreement (DPA) — § 14, AI Act transparency clauses — § 6, DSA obligations — § 13, Model withdrawal form — Annex 1.

The authoritative language version of these Terms is Polish. This English version is provided for convenience. Where both parties are acting from a Polish-speaking context, the Polish text prevails. For Consumers habitually resident in an EU Member State whose language is used in the contracting process, the language version corresponding to that country shall apply to the extent required by Article 6 of Regulation (EC) No 593/2008 (Rome I).

§ 1. Definitions

  1. Service Provider — Usługi IT Patryk Łuba, ul. Kwiatowa 6, 07-705 Troszyn, Poland, Tax ID (NIP) 758-237-97-73, e-mail: contact@genforge.tech.
  2. Service / GenForge — the online platform available at genforge.tech, together with its subdomains and related services.
  3. User — a natural person, legal person or organisational unit without legal personality who has created an Account in the Service. A User may be a Consumer, a Trader or an Individual-Entrepreneur-Consumer.
  4. Consumer — a natural person concluding a contract with the Service Provider for purposes which are outside their trade, business, craft or profession (Article 2(1) of Directive 2011/83/EU; Article 22¹ of the Polish Civil Code).
  5. Trader — a natural or legal person or unincorporated entity acting for purposes relating to their trade, business, craft or profession, where the contract has a professional character for such person (Article 43¹ of the Polish Civil Code).
  6. Individual-Entrepreneur-Consumer — a natural person conducting sole-proprietorship economic activity who concludes a contract directly related to that activity, where the contract does not have a professional character for them (Article 385⁵ of the Polish Civil Code; Article 38a of the Polish Consumer Rights Act). The provisions of § 3a apply.
  7. Account — a set of resources and permissions assigned to the User, accessible after registration and login.
  8. Portal — a blog website created by the User within the Service, operating on a Custom Domain or a Subdomain.
  9. Subdomain — an address in the form slug.genforge.tech (or another domain managed by the Service Provider) allocated to the User free of charge. The Subdomain remains the property of the Service Provider.
  10. Custom Domain — a domain owned or held by the User and configured to point to the Service infrastructure.
  11. Plan — a subscription variant (Free, Basic, Pro, Enterprise) defining limits and features. All Plans are available to Consumers and Traders alike.
  12. AI Content — articles, metadata, tags and other materials generated automatically by an artificial-intelligence system within the Service.
  13. Digital Content — within the meaning of Article 2(1) of Directive (EU) 2019/770 and Article 2(5) of the Polish Consumer Rights Act: data produced and supplied in digital form. Includes in particular access to the Service, AI Content generation features, and generated articles.
  14. Digital Service — within the meaning of Article 2(2) of Directive (EU) 2019/770 and Article 2(5a) of the Polish Consumer Rights Act: a service allowing the consumer to create, process, store or access data in digital form or to share such data. GenForge is a digital service.
  15. Billing Period — the monthly or annual subscription period.
  16. GDPR — Regulation (EU) 2016/679 of 27 April 2016.
  17. AI Act — Regulation (EU) 2024/1689 of 13 June 2024.
  18. DSA — Regulation (EU) 2022/2065 of 19 October 2022.
  19. CRD — Directive 2011/83/EU of 25 October 2011 on consumer rights, as amended (including by the "Omnibus" Directive (EU) 2019/2161).
  20. Polish Consumer Rights Act — the Polish Act on Consumer Rights of 30 May 2014 (in the wording implementing Directives 2019/770 and 2019/771, in force since 1 January 2023).
  21. Personal Data — information within the meaning of Article 4(1) GDPR.
  22. Controller / Processor / Sub-processor — within the meaning of Article 4(7), 4(8) and 28(4) GDPR.
  23. DPA — the data processing agreement under Article 28(3) GDPR (§ 14).
  24. SLA — service level agreement (§ 5 par. 4).
  25. Force Majeure — an external, sudden event that could not be foreseen or prevented through due diligence: natural disasters, war, acts of terror, general strikes, decisions of public authorities preventing service provision, failures of backbone Internet networks, failures of key infrastructure providers affecting more than a single data centre of the Service Provider.

§ 2. General Provisions

  1. These Terms define the rules for using the GenForge Service. The Service is available to Consumers, Traders and Individual-Entrepreneurs-Consumers. All subscription Plans are available to each of these categories.
  2. Use of the Service requires acceptance of these Terms and the Privacy Policy.
  3. The Service Provider provides services electronically in accordance with the Polish Act on the Provision of Electronic Services, the GDPR, the AI Act, the DSA, the Polish Consumer Rights Act and other applicable laws of Poland and the European Union.
  4. These Terms have been prepared in Polish and English language versions. In the event of discrepancies, the Polish version prevails for Users resident in Poland; for Consumers habitually resident in another EU Member State, the version in the language corresponding to their country of habitual residence applies to the extent required by Article 6 of Rome I — where the Service directs its activities to that country.
  5. These Terms are drafted in plain and intelligible language, consistent with Article 8¹ of the Polish Consumer Rights Act (implementing Article 5 of Directive 93/13/EEC on unfair contract terms).

§ 3. Registration and Account

  1. Registration requires providing an e-mail address and password. Concluding a paid subscription requires completion of invoice or receipt data. A Consumer may indicate the status "Consumer" when selecting a Plan.
  2. The User undertakes to provide truthful data and to keep it current. The Service Provider has the right to refuse service where the data provided is manifestly untruthful.
  3. The User is responsible for the security of their password and Account access.
  4. After registration, the User receives a Free plan with a one-off, non-renewable pool of free AI generations described on the pricing page. The pool is granted once per Account and expires upon use; it does not accumulate and is not refundable in any form.
  5. User age. The Service may be used only by persons who are at least 16 years old (the threshold required by Article 8(1) GDPR under Polish law for an individual to consent to information-society services on their own). Persons under 16 may not register an Account. By registering, the User declares that they are at least 16. Where the Service Provider has reasonable doubt, it may request a parental/guardian statement or block the Account pending clarification.
  6. The Service Provider may block or delete the Account in case of a material breach of these Terms; before taking such a decision — where the circumstances permit and the User's conduct does not constitute a gross violation of law — the Service Provider will call upon the User to cease the breach.

§ 3a. Individual-Entrepreneur-Consumer (Art. 385⁵ Polish Civil Code)

  1. An Individual-Entrepreneur-Consumer is covered by:
    • provisions on prohibited contractual clauses (Articles 385¹–385³ of the Polish Civil Code, implementing Directive 93/13/EEC) — clauses of these Terms not individually negotiated that shape rights and obligations contrary to good customs and which grossly violate their interests shall not bind them;
    • statutory warranty provisions (Article 556 et seq. of the Polish Civil Code);
    • the right of withdrawal from a distance contract (Article 38a of the Polish Consumer Rights Act) — application of § 3b by analogy.
  2. A User wishing to rely on the Individual-Entrepreneur-Consumer status shall state, at the time of purchase, that the service does not have a professional character for them. The statement may be made by e-mail to contact@genforge.tech or via a checkbox in the purchase form where such field is made available.

§ 3b. Right of Withdrawal — Consumer and Individual-Entrepreneur-Consumer

  1. A Consumer (and an Individual-Entrepreneur-Consumer) has the right to withdraw from a distance contract without giving any reason within 14 days from the conclusion of the contract (Article 9 CRD / Article 27 of the Polish Consumer Rights Act). To meet the deadline, it is sufficient to send the statement before its expiry.
  2. The withdrawal statement may be made:
    • by e-mail to contact@genforge.tech,
    • by post to the Service Provider's registered address specified in § 1,
    • using the model withdrawal form attached as Annex 1 to these Terms (use of the form is optional).
  3. Effects of withdrawal. Following a valid withdrawal, the Service Provider shall reimburse all payments received promptly and no later than within 14 days of receipt of the statement, using the same means of payment as used by the Consumer — unless the Consumer has expressly agreed to a different method of reimbursement, which shall not involve any cost to them.
  4. Loss of the right of withdrawal — start of digital service performance before the end of the 14-day period (Art. 16(m) CRD / Article 38 point 13 of the Polish Consumer Rights Act). The right of withdrawal does not apply where:
    • performance has begun with the Consumer's prior express consent and the Consumer has been informed before the start of performance that they will lose their right of withdrawal once the Service Provider has fully performed the contract, and
    • the Consumer has acknowledged the above by ticking the appropriate statement during checkout.
    At the moment of purchasing a paid Plan, the Consumer receives a clear notice and may tick a statement reading:
    "I request that performance of the digital service begins immediately, before the expiry of the 14-day withdrawal period. I acknowledge that, upon full performance by the Service Provider, I will lose my right of withdrawal."
    If this statement is not ticked, the Consumer retains the right of withdrawal for the full 14 days, and the Service Provider shall suspend the start of performance (AI Content generation) until the end of the period or an express request from the Consumer.
  5. Where a Consumer who has made the statement referred to in paragraph 4 withdraws from the contract before its full performance (before the end of the Billing Period), they shall pay the Service Provider an amount proportional to the extent of services provided up to the time of withdrawal (Article 14(3) CRD / Article 35 of the Polish Consumer Rights Act).
  6. For the Free Plan, the right of withdrawal is not of practical relevance, as the service is provided free of charge and no paid performance takes place.

§ 3c. Conformity of Digital Content and Digital Services with the Contract — Directive (EU) 2019/770

  1. The Service Provider is obliged to supply Digital Content and Digital Service in conformity with the contract (Article 7 of Directive (EU) 2019/770 / Article 43k of the Polish Consumer Rights Act). Conformity covers in particular: description, functionality, availability of technical support, security updates, and interoperability.
  2. Security updates. The Service Provider supplies, free of charge, security updates necessary to keep the Service in conformity with the contract for the entire duration of the subscription (Article 8(2) of Directive (EU) 2019/770 / Article 43m of the Polish Consumer Rights Act).
  3. Presumption of lack of conformity. For a Digital Service supplied on a continuous basis (subscription), lack of conformity is presumed to have occurred at the moment it becomes apparent, provided the Consumer notifies it during the supply period (Article 12 of Directive (EU) 2019/770 / Article 43n of the Polish Consumer Rights Act).
  4. Remedies for lack of conformity (Article 14 of Directive (EU) 2019/770 / Articles 43l and 43o of the Polish Consumer Rights Act):
    • The Consumer may request that the Digital Content or Digital Service be brought into conformity with the contract, unless this is impossible or would involve disproportionate costs.
    • If the lack of conformity persists despite corrective measures, is material, or the Service Provider has declared that conformity will not be achieved, the Consumer may:
      • request a proportionate price reduction, or
      • terminate the contract and request reimbursement of the price paid for the period of non-conformity.
  5. Termination for non-conformity (Article 14(4) of Directive (EU) 2019/770 / Article 43l par. 4 of the Polish Consumer Rights Act) — available independently of any waiver of the right of withdrawal referred to in § 3b par. 4, as it concerns defective performance rather than the Consumer's change of mind.
  6. Notifications of non-conformity should be sent to contact@genforge.tech. Response period — 14 days from receipt; failure to respond within that period is deemed acceptance of the complaint (Article 7a par. 2 of the Polish Consumer Rights Act).

§ 4. Plans, Fees and Price Changes

  1. The Service offers the Free, Basic, Pro and Enterprise plans. Current prices, limits and features are presented on the pricing page and form an integral part of the contract.
  2. Prices displayed in the Service are gross prices (including VAT) — these are the final prices payable by the Consumer (Article 6(1)(e) CRD / Article 12 par. 1 point 5 of the Polish Consumer Rights Act). For EU Traders holding an active VAT-EU number, the reverse-charge mechanism applies (Article 44 of Directive 2006/112/EC); the net price is then presented before order confirmation.
  3. Sales to Consumers resident in EU Member States other than Poland are settled under the VAT One Stop Shop (OSS) scheme.
  4. Payments are processed by Stripe, Inc. The Service Provider does not store full payment card data.
  5. The subscription renews automatically. Notice of the upcoming renewal is sent by e-mail at least 7 days in advance.
  6. The User may at any time cancel automatic renewal from the dashboard (Billing → Stripe Customer Portal). Cancellation is as straightforward as the conclusion of the subscription (consistent with the "Omnibus" Directive (EU) 2019/2161).
  7. An upgrade results in a prorated charge. A downgrade or cancellation takes effect from the next Billing Period; paid fees are non-refundable, except in the cases described in § 3a, § 3b, § 3c and § 10.
  8. Subscription price changes. The Service Provider gives at least 30 days' advance notice of price changes. A User who does not accept the new price may cancel the subscription before it takes effect — continuing until the end of the current Billing Period at the prior price.
  9. The Service Provider issues invoices or receipts electronically (PDF). The User consents to receiving documents by electronic means.

§ 4a. Referral Programme

  1. General rules. Each User receives an individual referral code visible in the dashboard (Account → Referrals). A referral is effective if the invited person registers an Account by clicking a referral link or by manually entering the code at sign-up and did not previously hold an Account in the Service.
  2. Attribution. Following a click on the referral link or manual entry of the code, the code is stored in the browser session and in an auxiliary referral-programme cookie (lifetime 30 days). An invitee who registers within that window is linked to the referrer. Clearing cookies or the session before registration invalidates the link.
  3. Rewards.
    • Referrer — upon the invitee's first paid invoice (paid Plan other than Free), the referrer receives a credit settled as a deduction on their next invoice, in the amount currently effective under the programme.
    • Invitee — at the first paid billing, the invitee receives a discount on the first Billing Period in the amount currently effective under the programme.
    Current values, limits and exclusions are presented in the Referrals dashboard and on the programme page.
  4. Exclusions and abuse. Credit is not granted for:
    • self-referrals (same Account, same e-mail address, same billing details, same IP, same card details),
    • referrals where the invitee cancels before the first paid invoice settles, files a successful chargeback, or exercises the right of withdrawal (§ 3b),
    • referrals obtained through spam, unsolicited electronic communications, false advertising, or breach of advertising-platform terms,
    • referrals within coordinated multi-account chains.
    Where abuse is established, the Service Provider may revoke the credit, suspend payout and — in case of a material breach — block the Account.
  5. Nature of the credit. The referral credit is not money or a means of payment; it is non-cashable and non-exchangeable for cash. It may be used solely within the Service to reduce subsequent subscription invoices. Unused credit expires 12 months after it has been granted. The credit is non-transferable and may not be sold or assigned to a third party.
  6. Changes to or discontinuation of the programme. The Service Provider may amend the terms of the programme or discontinue the programme on 30 days' notice; changes do not affect credits already granted.
  7. Legal bases for processing personal data within the referral programme are set out in the Privacy Policy (purposes "Referral programme" and "Detection of abuse in the referral programme" — Article 6(1)(b) and 6(1)(f) GDPR).

§ 4b. Promotions, Discount Coupons and Promotional Codes

  1. The Service Provider may make available discount coupons of limited validity, limited use count, or restricted to identified Users (e.g. personalised coupons issued in reactivation campaigns — § 11a par. 7).
  2. The terms of a specific promotion (the discount amount, its duration, Plan-category restrictions, coupon validity date) are displayed during checkout after entering the code, before order confirmation. The total price payable, after the discount, is presented in compliance with Article 6(1)(e) CRD / Article 12 par. 1 point 5 of the Polish Consumer Rights Act.
  3. Coupons do not stack with one another unless explicitly stated in the terms of a particular promotion. One coupon may be applied per order. Promotions do not stack with referral credit (§ 4a) or with individually negotiated B2B discounts unless explicitly stated otherwise.
  4. Coupons may not be subject to trade — they are non-transferable and non-resellable. Where abuse is established (e.g. mass appropriation of welcome coupons via repeated registrations, aggregation of coupons in referral chains, attempts to bypass usage limits), the Service Provider may invalidate the coupon, revoke the discount granted, or block the Account.
  5. In line with the "Omnibus" Directive (EU) 2019/2161 — for price reductions presented as a discount from the regular price, the Service Provider displays, alongside the promotional price, the lowest price applied during the 30 days preceding the reduction (Article 6a of Directive 98/6/EC; Article 4(2) of the Polish Act on Price Information).
  6. The rights of a Consumer and an Individual-Entrepreneur-Consumer under § 3b and § 3c apply regardless of any coupon used.

§ 5. Scope of Services and Availability (SLA)

  1. Within the Service, the User may:
    • create and manage blog Portals on a Custom Domain or a Subdomain,
    • use automatic AI Content generation (subject to Plan limits),
    • manage content: posts, categories, authors, pages, tags, menus, redirects, CTA blocks, topical clusters,
    • configure generation schedules, portal analytics (Pro+), Google Search Console (Pro+),
    • on the Enterprise Plan, use the manual approval workflow — generated articles are placed in a review queue and are not published until approved by the User; together with batch generation and outgoing notifications signed cryptographically,
    • use automated SEO features (sitemap, structured data, RSS feeds, the robots.txt file, the llms.txt file) and notify search engines of content changes — § 7 par. 8,
    • use stock photography from Pexels,
    • use automatic SSL certificates issued by a public certification authority.
  2. The feature scope available under each Plan is described on the pricing page. Changes that materially limit functionality are communicated with at least 30 days' notice; in such case the User is entitled to terminate the contract before the changes take effect, with a proportional refund for the unused period.
  3. The Service Provider may change the AI model and the article and token limits in case of material change in the upstream provider's terms — with 14 days' advance notice and the User's right to cancel before the change takes effect.
  4. Availability level (SLA).
    • The Service Provider guarantees 99.5% availability per calendar month.
    • Downtime does not include: scheduled maintenance announced at least 48 hours in advance (total of up to 4 hours/month), Force Majeure events, downstream provider outages, or downtime caused by the User's acts or omissions.
    • If the SLA is not met, the User, upon notification (§ 12), receives a service credit (discount on the next Billing Period): 10% for availability of 99.0–99.5%, 25% for 95.0–99.0%, 50% for below 95.0%. For Consumers and Individual-Entrepreneurs-Consumers, the service credit is supplementary and does not replace the rights under § 3c and Article 14 of Directive (EU) 2019/770.
    • The SLA does not apply to the Free Plan.

§ 6. AI Content — User Obligations and AI Act Compliance

  1. AI Content is generated automatically using artificial-intelligence models supplied by Anthropic, PBC (Claude). The Service Provider does not warrant the factual accuracy, timeliness, completeness or non-infringement of third-party rights of AI Content.
  2. The User is obliged to review AI Content prior to publication and to correct it if it contains errors, false information, or infringes any rights.
  3. The User receives full and non-exclusive rights to use the generated AI Content, including rights to modify, publish and commercially exploit it. The Service Provider does not acquire rights in specific AI Content generated for the User; the Service Provider may use aggregated, anonymised statistical data to improve the service.
  4. Obligations under Article 50 of the AI Act (transparency). From 2 August 2026:
    • The Service Provider automatically adds to each AI-generated article a machine-readable marker (schema.org meta-tag and a visible "AI-generated" label available for activation in the portal theme).
    • The User undertakes not to remove automatic markers and — if the AI Content concerns matters of social importance (politics, health, finance, safety) — to clearly disclose to readers that the content has been AI-generated (Article 50(4) AI Act).
    • The User must not use the Service to create content constituting deep fakes within the meaning of Article 3(60) AI Act without clearly labelling them as manipulated.
    • The User must not use the Service for practices prohibited by Article 5 AI Act (subliminal manipulation, exploitation of vulnerabilities of protected groups, social scoring).
  5. AI Content generation and use of the Service are subject to Plan-based limits:
    • Article limit — the maximum number of AI articles per Billing Period.
    • AI token budget — the monthly allocation of model processing units.
    • Short-term AI request thresholds — minute- and hour-level caps protecting infrastructure against abuse.
    • Prompt length — the maximum length of the portal configuration instruction.
    • Maximum article length — a ceiling on word count; may be further limited per Portal by the Service Provider for cost or safety reasons.
    • Media storage limit — the total volume of the User's media files (images, avatars, PDF documents). Once exceeded, additional uploads and the generation of new images are paused until storage is freed.
    • Trial pool (Free Plan) — a one-off, non-renewable pool of free generations, granted once per Account.
    Once the limit is exhausted, generation is suspended until the start of the next Billing Period (or permanently in the case of the Free-Plan trial pool). Current usage is visible in the dashboard.
  6. Data transmitted to the AI model (prompt, existing article titles in the portal, categories, niche description) are processed in accordance with § 14 (DPA) and the Privacy Policy. Anthropic does not use such data to train its base models — consistent with the Anthropic API Terms in force as of the effective date of these Terms.

§ 7. Domains, Subdomains, Data and Data Portability

  1. Custom Domain. The User owns or holds the Custom Domain and is responsible for its DNS configuration.
  2. Subdomain. A Subdomain in the form slug.genforge.tech is the property of the Service Provider and made available free of charge. The Service Provider may revoke the allocation in case of breach of these Terms (spam, illegal content, attempts to circumvent limits). Once revoked, the Subdomain may be released.
  3. The Service Provider ensures automatic issuance and renewal of SSL certificates.
  4. Portal data is stored on the Service Provider's servers for the duration of the subscription.
  5. Export and data portability (Article 20 GDPR and Article 43q of the Polish Consumer Rights Act). The User may export their content at any time:
    • JSON archive (posts + metadata) from the dashboard,
    • RSS feed / sitemap.xml,
    • individual request to contact@genforge.tech — processed within 14 days, free of charge.
  6. Upon deletion of the Account or Portal, data is permanently deleted within 30 days, except for data retained by operation of law (invoices — 5 years).
  7. The Service Provider performs data backups on a daily and monthly basis; backups are encrypted and used solely for service recovery after a failure. Backups are stored within the EEA (Hetzner) with a retention of up to 30 days.
  8. Notifying search engines about content changes. Following publication or material modification of an article, the Service Provider may notify participating internet search engines about the new or changed content — for the purpose of faster indexing. Only public article URLs and the Portal hostname are transmitted; no User Personal Data and no article body is transmitted. The current list of recipients is set out in the Privacy Policy (§ 5). The feature can be disabled in Portal settings.

§ 8. User Obligations and Prohibited Content

  1. The User undertakes to use the Service in compliance with Polish and EU law and with these Terms.
  2. The User may not publish or generate AI Content that:
    • is unlawful (including offences against public order, copyright infringement, violations of the personal rights of third parties),
    • contains hate speech, incites discrimination, violence or terrorism,
    • contains pornographic content, CSAM or gratuitously violent material,
    • constitutes misleading medical, financial or political disinformation,
    • violates the AI Act (§ 6 par. 4) or the DSA (§ 13),
    • serves spam, phishing, or SEO manipulation breaching search-engine policies,
    • contains third-party personal data without a legal basis.
  3. The User may not overload the infrastructure or use bots or scrapers for mass data extraction.
  4. The User warrants that materials uploaded to the Service are their property or that they hold the right to commercially exploit them.
  5. In case of breach — depending on severity — the Service Provider may remove specific content, block the Account or terminate the contract (§ 10 par. 3).

§ 9. Liability

  1. Liability towards Consumers and Individual-Entrepreneurs-Consumers — under the general rules of the Polish Civil Code and the Polish Consumer Rights Act. No provision of these Terms limits or excludes the Service Provider's liability where such limitation would be contrary to mandatory statutory provisions. In particular, liability for damage to persons and for wilful misconduct is not limited.
  2. Liability towards Traders (other than Individual-Entrepreneurs-Consumers) is limited to:
    • actual damages (damnum emergens), excluding lost profits (lucrum cessans),
    • an amount not exceeding the fees paid by the User in the 12 months preceding the event causing the damage.
    These limitations do not apply to damage caused wilfully.
  3. The Service Provider is not liable for:
    • the content and factual accuracy of AI Content (§ 6),
    • acts of external providers beyond the scope of due diligence,
    • interruptions caused by Force Majeure,
    • data loss resulting from the User's acts or omissions,
    • search-engine ranking of Portals — the Service Provider supplies SEO tools but does not guarantee rankings or traffic.

§ 10. Termination

  1. The User may cancel the subscription at any time from the dashboard or by e-mail to contact@genforge.tech. The cancellation process is as straightforward as the conclusion of the contract.
  2. Cancellation halts renewals; access to Plan features continues until the end of the paid Billing Period. Deleting the Account = terminating the contract.
  3. The Service Provider may terminate the contract:
    • with 14 days' notice — in case of material breach of these Terms after prior notice to cease;
    • with immediate effect — in case of breaches making continuation impossible (illegal content, infrastructure abuse) or where required by law or by a decision of a public authority.
  4. Consumers and Individual-Entrepreneurs-Consumers additionally benefit from the rights under § 3b (withdrawal), § 3c (non-conformity), and Article 14 of Directive (EU) 2019/770 (termination for non-conformity).
  5. Where the Service Provider terminates the contract due to the User's fault, fees for the unused period are non-refundable. In other cases, refunds are proportional.
  6. Before deleting the Account, the User has the right to use the data export feature (§ 7 par. 5).

§ 11. Intellectual Property

  1. The Service, its source code, design, trademarks and marketing materials are the intellectual property of the Service Provider or its licensors.
  2. The User retains full rights to content entered into the Service and to AI Content generated on their behalf (§ 6 par. 3).
  3. Photos from Pexels are provided under the Pexels licence.
  4. The User grants the Service Provider a non-exclusive, royalty-free licence for the technical processing of Portal content (storage, transmission, backups, internal-link generation) to the extent necessary for the provision of the services.

§ 11a. Marketing Communications

  1. Service (transactional) communications. Regardless of marketing consents, the Service Provider sends the User messages necessary for contract performance and Account handling — in particular:
    • registration, e-mail-verification, password-change and new-device-login confirmations,
    • invoices and payment confirmations (PDF),
    • upcoming-renewal reminders, end-of-trial notices, expiring-card notices and dunning reminders for failed payments,
    • limit-exhaustion alerts (Plan, tokens, storage),
    • Account-deletion and Account-restoration notices (GDPR flow — § 7 par. 6),
    • mandatory notices of changes to these Terms, the Privacy Policy and material changes to the Service.
    Such messages do not constitute commercial information within the meaning of Article 10 of the Polish Act on the Provision of Electronic Services and cannot be opted out of without deleting the Account.
  2. Marketing communications (optional). Subject to the User's express and revocable consent granted at registration or in Account settings, the Service Provider may send commercial information by electronic means (Article 13 of Directive 2002/58/EC (ePrivacy); Article 10 of the Polish Act on the Provision of Electronic Services; Article 172 of the Polish Telecommunications Act; Article 6(1)(a) GDPR). This includes:
    • newsletter with editorial, SEO and AI tips,
    • information on new features, Plan updates and integrations,
    • special offers, discounts, partner-programme invitations and beta tests,
    • invitations to webinars, product surveys and satisfaction research.
  3. Withdrawal of consent. The User may withdraw marketing consent at any time:
    • in the dashboard: Account → Communications → "Marketing and product news",
    • by clicking the "Unsubscribe" link in the footer of every marketing message,
    • by e-mail to contact@genforge.tech.
    Withdrawal does not affect the lawfulness of processing based on consent before its withdrawal (Article 7(3) GDPR) and is processed promptly, no later than within 72 hours.
  4. No marketing profiling with legal effects. The Service Provider does not apply, in marketing communications, profiling leading to automated decisions producing legal effects on the User (Article 22 GDPR).
  5. Marketing to business customers. For marketing own goods or services, the Service Provider may — pursuant to Article 172(1) of the Polish Telecommunications Act and recital 47 GDPR — address communications to existing business customers on the basis of legitimate interest (Article 6(1)(f) GDPR), with the right to object at any time.
  6. No sale of contact data. The Service Provider does not sell, rent or share contact data with third parties for those third parties' marketing purposes.
  7. Reactivation campaigns (winback). Following expiry or cancellation of a paid subscription, the Service Provider may — only towards Users who have actively granted marketing consent (par. 2), have not withdrawn it and have not deleted their Account — send a sequence of up to 3 reactivation messages with personal, time-limited discount coupons:
    • stage 1 — reminder about data export and Account availability (typically within the first days after expiry),
    • stage 2 — return offer with a discount of around 30% applied across several subsequent Billing Periods,
    • stage 3 — final offer with a discount of around 50% on the first Billing Period.
    Each message contains an "Unsubscribe" link in the footer and identifies the origin of the coupon. Withdrawal of marketing consent, objection or deletion of the Account immediately terminates the campaign and invalidates outstanding reactivation coupons. Campaigns are not run towards Users who never granted marketing consent, nor towards Free-Plan Users who never purchased a paid Plan. The maximum campaign duration does not exceed 60 days from churn.

§ 12. Complaints and Dispute Resolution

  1. Complaints are submitted to contact@genforge.tech. They should contain: identification data, a description of the issue, the expected resolution, and any supporting materials (screenshots, error IDs).
  2. The Service Provider processes complaints within 14 days of receipt. Failure to respond within this period is deemed acceptance of the complaint — pursuant to Article 7a par. 2 of the Polish Consumer Rights Act (for Consumers and Individual-Entrepreneurs-Consumers).
  3. Complaints concerning non-conformity of Digital Content / Digital Service are governed by § 3c and Directive (EU) 2019/770.
  4. Out-of-court dispute resolution for Consumers. A Consumer has the right to use:
    • the assistance of a district (municipal) consumer ombudsman or the Polish Federation of Consumers,
    • mediation conducted by voivodeship inspectorates of the Trade Inspection,
    • permanent arbitration courts at the President of the Office of Competition and Consumer Protection (UOKiK),
    • the European Commission's ODR online platform: https://ec.europa.eu/consumers/odr (contact point: contact@genforge.tech).
    Use of out-of-court dispute resolution is voluntary. The Service Provider undertakes to participate in the ODR procedure in good faith.
  5. The above is without prejudice to the right to pursue claims in court (§ 16 par. 2).

§ 13. Service Provider's Obligations under the DSA

  1. The Service Provider provides a hosting service within the meaning of Article 3(g) DSA — it enables Users to publish content on Portals.
  2. Single point of contact (Articles 11 and 12 DSA). Member State authorities, digital service providers and recipients of the service may contact the Service Provider at contact@genforge.tech. Preferred languages: Polish and English.
  3. Notice & action for illegal content (Article 16 DSA) to be sent to abuse@genforge.tech. The notice should include: reasons, URL, contact details of the notifier, and a good-faith statement. Handling: promptly, no later than 72 hours for illegal content, 7 days for other violations.
  4. Statement of reasons for content moderation decisions (Article 17 DSA). The User affected by the decision receives a written statement of reasons: description of the measure, legal basis, and means of redress.
  5. Internal complaint-handling system (Article 20 DSA). The User may appeal by e-mail to contact@genforge.tech within 6 months of the decision. Handling: free of charge, promptly, by a person other than the author of the original decision.
  6. Out-of-court dispute settlement (Article 21 DSA). Available via certified bodies listed by the European Commission.
  7. Transparency reports (Article 15 DSA) are published annually and available on the Service's website.
  8. The Service Provider does not qualify as a VLOP or VLOSE within the meaning of Article 33 DSA.

§ 14. Data Processing Agreement (DPA)

This § constitutes the Data Processing Agreement (hereinafter: the "DPA") concluded on the basis of Article 28(3) GDPR between the User (the "Controller") and the Service Provider (the "Processor"). It applies where the User processes, via the Service, Personal Data of third parties (e.g. newsletter subscribers, commenting readers, guest authors). A Consumer who publishes a Portal exclusively with their own content and does not collect third-party data is not a Controller within the meaning of this DPA.

  1. Subject matter, nature and purpose of the processing. The Processor processes the Controller's Personal Data solely for the purpose of providing the services described in these Terms. Processing covers: storage, transmission, generation, archiving, and deletion.
  2. Categories of data subjects.
    • readers of the Controller's Portals (where the Controller collects their data via newsletters, comments or contact forms),
    • authors of content published on the Controller's Portals,
    • persons whose data appears in content generated or entered by the Controller.
  3. Categories of Personal Data. Identification data, contact data, content of materials, IP addresses and technical logs, analytical data. The Processor does not intentionally process special categories of data (Article 9 GDPR); if the Controller places such data in content, compliance with the law is the Controller's responsibility.
  4. Duration. For the duration of the subscription and 30 days thereafter (retention period before deletion), and as required by law — in accordance with the Privacy Policy.
  5. Processor's obligations.
    • processes data only on documented instructions from the Controller, including in relation to transfers to third countries;
    • ensures that authorised persons are bound by confidentiality;
    • implements appropriate technical and organisational measures in accordance with Article 32 GDPR (TLS encryption, password hashing, access control, event logging, backups, security testing);
    • engages sub-processors in accordance with paragraph 6;
    • assists the Controller in meeting Articles 32–36 GDPR obligations and in responding to data-subject requests (Articles 12–22 GDPR);
    • upon termination of services, deletes or returns data (at the Controller's choice to be exercised within 14 days of contract end);
    • makes available the information necessary to demonstrate compliance with Article 28 GDPR and allows audits — once a year, or more frequently following an incident, after 30 days' notice, at the Controller's cost, subject to confidentiality of the findings.
  6. Sub-processors. The Controller grants general authorisation for the Processor's use of sub-processors listed in the Privacy Policy (including Anthropic, Stripe, Hetzner, Sentry, Google, Pexels). The Processor ensures sub-processors process data on terms equivalent to this DPA. The Processor gives at least 30 days' advance notice of changes to the sub-processor list; the Controller may object, which triggers the right to terminate the contract.
  7. Transfers outside the EEA. Based on Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914) or the EU-US Data Privacy Framework.
  8. Personal data breach. The Processor notifies the Controller of a breach no later than 48 hours after becoming aware of it, providing the information required by Article 33(3) GDPR to the extent known.
  9. Liability. Governed by Article 82 GDPR; the limitations in § 9 apply to the remainder — subject to § 9 par. 1 (no limitations apply to Consumers where this would be contrary to mandatory statutory provisions).
  10. The current list of sub-processors, the description of Technical and Organisational Measures and procedures are available in the Privacy Policy.

§ 15. Confidentiality

  1. The parties undertake to keep confidential any confidential information obtained in connection with the contract, in particular: prompts and generated content, User's customer data, financial data, and know-how.
  2. The confidentiality obligation does not cover information: publicly known, independently obtained, disclosed with the express consent of the other party or at the request of a competent authority.
  3. The obligation remains in force throughout the contract and for 5 years thereafter.

§ 16. Final Provisions

  1. Applicable law. These Terms are governed by Polish law. In respect of a Consumer habitually resident in another EU Member State — pursuant to Article 6 of Regulation (EC) No 593/2008 (Rome I), the choice of Polish law does not deprive the Consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence.
  2. Jurisdiction.
    • For a Consumer — pursuant to Articles 17–19 of Regulation (EU) No 1215/2012 ("Brussels I bis"): the Consumer may bring proceedings in the courts of the state in which they are habitually resident or in the courts at the Service Provider's registered office; the Service Provider may bring proceedings against the Consumer only in the state of the Consumer's habitual residence.
    • For Traders and Individual-Entrepreneurs-Consumers — the court with jurisdiction over the Service Provider's registered office, subject to Article 7 of "Brussels I bis" (place of performance).
  3. Amendments to the Terms.
    • Editorial changes (not affecting the rights and obligations of the parties) take effect upon publication in the Service.
    • Material changes — after e-mail and in-dashboard notice with at least 14 days' advance notice. Absence of objection before entry into force = acceptance. Consumers, Individual-Entrepreneurs-Consumers and Traders may terminate the contract before the changes take effect with a proportional refund for the unused period.
    • For Consumers, changes that materially restrict rights or increase obligations require active acceptance (e.g. by ticking a relevant box at next login) — absence of acceptance prevents further use of the paid Plan.
  4. Severability. If any provision is held to be invalid or ineffective, the remaining provisions remain in force; the parties shall replace the provision with one reflecting the original commercial intent, to the extent permitted by law.
  5. These Terms version 2.1 enter into force on 27 April 2026 and supersede all earlier versions. Main changes in version 2.1: (a) a minimum age of 16 (§ 3 par. 5), (b) a separate Referral programme (§ 4a), (c) separate rules on promotions and coupons (§ 4b), (d) refined Plan limits, including a media-storage limit and short-term AI request thresholds (§ 6 par. 5), (e) a clarification of reactivation campaigns as a sub-type of marketing communications (§ 11a par. 7), (f) a note on notifying search engines about content changes (§ 7 par. 8). History of changes is available on request.

Annex 1 — Model Withdrawal Form

(Model consistent with Annex I(B) to Directive 2011/83/EU and with Annex No. 2 to the Polish Consumer Rights Act. Complete and return this form only if you wish to withdraw from the contract.)

To: Usługi IT Patryk Łuba, ul. Kwiatowa 6, 07-705 Troszyn, Poland e-mail: contact@genforge.tech I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract for the supply of the GenForge service consisting of: ........................................ Date of conclusion of the contract: .............................................. Name of Consumer / Individual-Entrepreneur-Consumer: ..................... Address of Consumer / Individual-Entrepreneur-Consumer: ............................ E-mail address associated with the Account: ........................................ Signature of Consumer (only if this form is submitted on paper): .............. Date: .................. (*) Delete as appropriate.

GenForge Terms of Service version 2.1 — © 2026 Usługi IT Patryk Łuba. Contact: contact@genforge.tech · Privacy Policy