Terms of Service

Updated: May 19, 2026

1) ABOUT US

  • 1. Cuttly (cutt.ly) is owned by PATRYK RUMIŃSKI, conducting business under the business name WEB ROOM STUDIO PATRYK RUMIŃSKI, with its registered office in Gdańsk, entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG) maintained by the minister competent for economic affairs, having the business address and address for service at: ul. Śląska 15A/9, 80-384 Gdańsk, Poland, tax identification number (NIP/VAT-EU): PL7431817809, REGON: 220981298, e-mail address: [email protected] (hereinafter referred to as the “Service Provider”).
  • 2. The Service Provider operates the Online Service and is responsible for the proper provision of the Electronic Services available within the Online Service. In addition to the Service Provider, the Online Service may also be used by Service Users — independent third parties in relation to the Service Provider — who may use the Electronic Services provided through the Online Service.
  • 3. The controller of personal data processed within the Online Service in connection with the implementation of these Regulations is the Service Provider. Personal data are processed for the purposes, during the periods, and on the basis of the grounds and principles indicated in the Privacy Policy published within the Online Service. The Privacy Policy contains, in particular, provisions regarding the processing of personal data by the Controller within the Online Service, including the legal grounds, purposes, and periods of personal data processing, as well as the rights of data subjects and information regarding the use of cookies and analytical tools within the Online Service. Use of the Online Service is voluntary. Likewise, the provision of personal data by a person using the Online Service is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of a contract and statutory obligations of the Service Provider).

2) DEFINITIONS

  • 1. The definitions used in these Regulations shall have the following meanings:
    • a. DIGITAL SERVICES ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ EU L 277, 27.10.2022, pp. 1–102).
    • b. LINK ANALYTICS / CLICK STATISTICS – an Electronic Service, a functionality of the Account within the Online Service that enables the User to monitor and analyse aggregated and anonymised data concerning traffic generated by shortened links, including, in particular: the number of clicks, referring domain names, device names, operating system names, browser names, languages, and countries from which clicks originate.
    • c. SURVEYS – an Electronic Service, a functionality of the Account within the Online Service that enables the User to create surveys directed to recipients selected by the User.
    • d. ACTION PAGES – an Electronic Service, a functionality of the Account within the Online Service that enables the User to create standalone call-to-action pages containing a title, description, graphic or colour background, logo, video, countdown timer, and a call-to-action button linking to a URL selected by the User. Action Pages are available through a shortened link within the /c/ path, including on the User’s own branded domains.
    • e. SUBSCRIPTION – paid access to a Premium Account provided on a subscription basis, in accordance with these Regulations and the Pricelist.
    • f. BLOG – an Electronic Service consisting of a blog available on the Website, containing articles concerning the practical use of shortened links.
    • g. PRICELIST – the price list specifying fees, Subscription plans, and functionalities available within the Online Service.
    • h. BUSINESS DAY – any day from Monday to Friday, excluding public holidays.
    • i. CIVIL CODE – the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).
    • j. ACCOUNT – an Electronic Service, being a set of resources in the ICT system of the Service Provider identified by an individual login and password, in which data provided by the User and information concerning Shortened Links are stored.
    • k. LINK-IN-BIO – an Electronic Service, a functionality of the Account within the Online Service that enables the User to create a microsite containing a collection of links for use in social media biographies or presentation pages.
    • l. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of products or provision of Electronic Services, is not compliant with European Union law or the law of any Member State compliant with European Union law, irrespective of the specific subject matter or nature of such law.
    • m. QR CODES – an Electronic Service, a functionality of the Account within the Online Service that enables the User to create QR codes for shortened links and, depending on the Subscription plan, to modify their appearance, colour scheme, and add logos or graphics.
    • n. REGULATIONS – these Terms and Conditions.
    • o. WEBSITE / ONLINE SERVICE / CUTT.LY – the online service operated by the Service Provider and available at https://cutt.ly, together with associated domains, including cutt.bio and 2s.ms.
    • p. LINK SHORTENING SERVICE – an Electronic Service enabling Users to shorten selected URLs.
    • q. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the User through the Website in accordance with these Regulations.
    • r. USER – a natural person having full legal capacity and, in cases provided for by generally applicable laws, also a natural person having limited legal capacity, who uses or intends to use an Electronic Service.
    • s. SERVICE PROVIDER – PATRYK RUMIŃSKI, conducting business under the name WEB ROOM STUDIO PATRYK RUMIŃSKI, with its registered office in Gdańsk, entered into the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), maintained by the minister competent for economic affairs, having the business address and address for service at ul. Śląska 15A/9, 80-384 Gdańsk, Poland, tax identification number (NIP/VAT-EU): PL7431817809, REGON: 220981298, phone: 48660409707, e-mail address: [email protected].
    • t. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended).

3) ABOUT CUTT.LY

  • 1. Cutt.ly is an online service that enables Users, in particular, to shorten links redirecting to other websites, manage links, monitor click statistics, optimise links by modifying their names or addresses, add their own domains, and create shortened links within those domains. Detailed information about the functionalities available within the Online Service is available at: https://cutt.ly/pro-pricing.
  • 2. The Online Service is provided in the SaaS (Software as a Service) model, meaning that digital tools are provided as an online service.

4) GENERAL TERMS OF USE OF THE ONLINE SERVICE

  • 1. The User is obliged to use the Website in a lawful manner, in accordance with good practices and with due respect for the personal rights, copyright, and intellectual property rights of the Service Provider and third parties. The User is obliged to provide accurate information. The User is prohibited from providing unlawful content.
  • 2. The User may not use the Website or the Electronic Services in a manner contrary to law, good practices, these Regulations, or the copyright and intellectual property rights of the Service Provider, other Users, or third parties, nor in a manner detrimental to the Service Provider, its brand, reputation, or business activity. The foregoing also applies to content published by Users within pages and services created using the functionalities of the Website.
  • 3. The User is obliged to refrain from the following prohibited activities: collecting sensitive data (special categories of personal data referred to in Article 9 of the GDPR), in particular through Surveys; sending e-mails to other users (including Team invitations) without their consent; publishing content infringing copyright or intellectual property rights; publishing obscene, defamatory, pornographic, racist, or unlawful content; publishing content containing malicious software; engaging in fraudulent activities; violating privacy rights; impersonating third parties; using the Website or its services for unlawful purposes, including hacking or phishing; undertaking activities disrupting the operation of the Website; automated form submission; activities detrimental to the employees, representatives, business reputation, business interests, or business activity of the Service Provider; and restricting the use of the Website or Electronic Services by other Users.
  • 4. The technical requirements necessary for cooperation with the ICT system used by the Service Provider are: (1) a computer, laptop, tablet, smartphone, or other multimedia device with Internet access; (2) access to an up-to-date web browser, including Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge; (3) enabled cookies and JavaScript support in the web browser.
  • 5. Pursuant to Article 14(1) of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended), the Service Provider, which provides ICT system resources for the storage of data by Users, shall not be liable for stored data if it is unaware of the unlawful nature of the data or related activity and, upon receiving an official notice or obtaining reliable knowledge of the unlawful nature of the data or related activity, promptly prevents access to such data.
  • 6. The Service Provider reserves the right to monitor, filter, and block traffic within the Website displaying characteristics of unnatural, artificial, or potentially harmful traffic affecting the stability or security of the Website, including, in particular, spam-related activity. Such actions are undertaken in accordance with industry best practices in order to ensure service quality and protection against potential threats.
  • 7. Within the scope referred to in clause 4.6 of the Regulations, the Service Provider may apply verification mechanisms such as CAPTCHA and other authenticity verification tools intended to distinguish genuine users from potentially harmful traffic sources.
  • 8. A User who fails to complete verification referred to in clause 4.7 may experience temporary restrictions in access to selected functionalities of the Website until successful completion of the verification process. Such restrictions constitute a standard practice within the industry of services provided through the Website and are aimed at ensuring the security and quality of the Electronic Services.

5) ELECTRONIC SERVICES AVAILABLE WITHIN THE ONLINE SERVICE

  • 1. Every User may use the Online Service in accordance with these Regulations.
  • 2. The following Electronic Services are available through the Website:
    • a. Blog
    • b. Account
    • c. Newsletter
    • d. Link Shortening Service and management of shortened links
    • e. Surveys
    • f. Link-in-bio
    • g. QR Codes
    • h. Link Analytics / Click Statistics
    • i. Action Pages
  • 3. Detailed descriptions of the Electronic Services and the rules governing their use are available in these Regulations and on the Website.
  • 4. Unless expressly stated otherwise on the Website, basic functionalities of the Electronic Services are provided free of charge. Paid functionalities are available as part of the Subscription in accordance with the Pricelist published on the Website.

6) BLOG

  • 1. The Blog available on the Website may be used free of charge by every User.
  • 2. Browsing the Blog is possible by navigating to the relevant section of the Website.
  • 3. The User may stop using the Blog at any time and without stating any reason by closing the web browser.

7) ACCOUNT

  • 1. The Account may be created after the User completes all of the following steps: (1) completing the registration form, (2) clicking the “Create Account” button, and (3) confirming the intention to create an Account by clicking the confirmation link automatically sent to the e-mail address provided by the User. The User has 30 days to confirm the creation of the Account. Upon expiry of this period, the User’s data shall be deleted. Within the registration form, the User is required to provide the following data: e-mail address and password. Registration is also possible using Facebook, Twitter, or Google login credentials.
  • 2. The Account Electronic Service is provided free of charge for an indefinite period. The User may, at any time and without stating any reason, delete the Account (resign from the Account) by submitting an appropriate request to the Service Provider, in particular through the Account settings by selecting the “Delete account” option. The Account shall be subject to a 14-day deletion period during which the User may revoke the deletion request. After the expiry of 14 days, if the decision is not revoked, the Account together with all data and links shall be permanently deleted.
  • 3. Use of the basic functionalities of the Account is available free of charge. The Link Shortening Service is also available in a free version (Free Account). Use of additional functionalities offered through the Website requires payment and is available after purchasing a Subscription in accordance with the Pricelist. The Subscription is a service provided by the Service Provider to the User for an indefinite period. Depending on the option selected by the User, the billing period is one month or one year from the date on which access to the Account is granted.
  • 4. The Subscription may be purchased through the relevant section of the Website. Fees for the use of the paid Account functionalities are charged in accordance with the Pricelist. The User is obliged to pay the Subscription fee in advance for the selected billing period. Unless the Subscription is cancelled before the expiry of the current billing period, it shall be automatically renewed for the next corresponding billing period. During the renewed Subscription period, the User shall retain access to paid functionalities upon payment for the new billing period.
  • 5. The User may, at any time and without stating any reason, cancel renewal of the Subscription for the next billing period by selecting the appropriate option on the Website. In such a case, the User shall retain access to paid functionalities until the end of the current billing period.
  • 6. The User may cancel automatic renewal of the Subscription through the Account settings by selecting the “Cancel Subscription” option. The User shall then receive a message indicating the effective date of the cancellation. Upon confirmation by the User, the cancellation of Subscription renewal becomes effective. In such a case, the Service Provider shall not charge the User for the subsequent billing period.
  • 7. If any limit assigned to a given Subscription plan is exceeded, access to the relevant functionality may be blocked. The User may upgrade to a higher Subscription plan at any time in order to increase the applicable limits.
  • 8. During the Subscription period, the User may upgrade or downgrade the Subscription plan. Downgrading of the Subscription plan becomes effective only after the expiry of the current billing period. If the Subscription plan is upgraded, the User is obliged to pay the difference in price. The upgraded Subscription plan becomes active immediately after the User’s payment is credited. Where the upgrade results in shortening the Subscription period (e.g. upgrading from an annual plan to a higher monthly plan), the remaining balance corresponding to the unused Subscription period shall be credited to the User’s Account and may be used towards future Subscription renewals.
  • 9. Subscription prices indicated in the Pricelist are stated in United States dollars (USD) and include VAT at the rate of 23%. Where the reverse charge mechanism applies or where services are considered outside the scope of VAT in Poland, the User shall be responsible for settlement of taxes in accordance with the laws applicable in their country.
  • 10. The Service Provider reserves the right to suspend the User’s Account in the following cases:
    • a. where, despite prior warning from the Service Provider and being informed of the reasons for such warning, the User continues to violate these Regulations or generally applicable laws;
    • b. where, despite prior warning from the Service Provider and being informed of the reasons for such warning, the User’s conduct adversely affects the reputation of the Service Provider or the Website.
  • 11. The Account may be suspended for a definite or indefinite period determined by the Service Provider. During the suspension period, the User may not use the functionalities of the Account. The User is obliged to remove the reasons for suspension and, after doing so, immediately notify the Service Provider thereof. The Service Provider shall reactivate the Account once the reasons for suspension cease to exist, however no later than within 10 Business Days.
  • 12. If the Account remains suspended for more than 30 calendar days and the reasons for suspension are not removed, the Service Provider shall be entitled to terminate the agreement for the provision of Electronic Services by deleting the User’s Account together with all associated links.

8) PAYMENT METHODS AND ACCESS TO THE SUBSCRIPTION

  • 1. The Service Provider provides the following payment methods for Subscription functionalities: credit card payments, debit card payments, and PayPal payments processed by Adyen (Adyen N.V., with its registered office at Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, the Netherlands, Chamber of Commerce number: 34259528, VAT number: NL817154243B01). More information about Adyen is available at: Adyen.com.
  • 2. The User is obliged to make payment immediately, no later than before the commencement of the selected billing period. Access to paid functionalities under the Subscription is activated for the respective billing period provided that payment for such period has been made in advance.
  • 3. Invoices for Subscription services are issued electronically on the same day or the following day, or no later than within 7 days from the date of receipt of payment and are made available in the “Invoices” section within the User’s Account.

9) LINK SHORTENING SERVICE, ADDING OWN DOMAINS, AND CREATING SHORTENED LINKS WITHIN SUCH DOMAINS

  • 1. The Link Shortening Service may be used after entering the URL into the designated field and selecting the appropriate action button.
  • 2. In particular, the User may:
    • a. use the API with the User’s own domain;
    • b. configure redirects pointing to the User’s own domains, including redirects to the homepage and 404 page;
    • c. configure mobile redirects by defining the destination URL depending on the operating system used, including iOS, Android, and Windows Phone;
    • d. modify the destination of the shortened link;
    • e. create password-protected links;
    • f. delete shortened links;
    • g. create shared Accounts, invite additional users to the Account, and create and manage groups;
    • h. export lists of links in CSV format;
    • i. monitor Website status, including maintenance interruptions and technical failures.
  • 3. Availability of certain functionalities depends on the Subscription plan selected by the User in accordance with the Pricelist. Detailed descriptions of functionalities, including information regarding paid functionalities, are available at: https://cutt.ly/pro-pricing.
  • 4. The Link Shortening Service is provided as a subscription-based functionality of the Account for an indefinite period.
  • 5. In addition to shortening links, the User may also verify whether a given link contains hidden spam or inappropriate content.
  • 6. The User may add their own domain and create shortened links within that domain. For this purpose, the domain must be pointed to the Service Provider’s IP address by configuring the DNS A record accordingly. For domain ownership verification purposes, the Service Provider may also require the addition of a DNS TXT record.
  • 7. The User may also preview click statistics relating to shortened links.

10) DISABLING AND REMOVING CONTENT

  • 1. The Service Provider may disable, remove, or block links, domains, subdomains, Surveys, Link-in-bio pages, Action Pages (call-to-action microsites created by Users within the Online Service), and any other content created by Users within the Online Service that:
    • a. have been included on a public blacklist maintained by a recognised cybersecurity organisation or public authority, in particular on lists such as Google Safe Browsing, Spamhaus, SURBL, or lists maintained by national or European cybersecurity authorities (including CSIRT), or on any other publicly available and industry-recognised blacklist;
    • b. have been reported as suspicious, after the Service Provider verifies the legitimacy of such report;
    • c. contain more than one redirect, excluding affiliate links used solely for commission tracking within affiliate programmes;
    • d. have previously been shortened using another link shortening service, in particular where such chained redirects prevent or materially hinder the Service Provider from verifying the destination content in terms of security or compliance with these Regulations;
    • e. have been reported as potentially malicious or constituting spam;
    • f. contain prohibited content, including in particular pornographic content or content glorifying violence;
    • g. contain content related to illegal gambling or promote such activities, including in particular illegal online betting, games of chance, or lotteries conducted without the required authorisation of the competent authority;
    • h. redirect to or contain content infringing copyright or related rights, including in particular content inconsistent with the Polish Act of 4 February 1994 on Copyright and Related Rights or provisions of European Union law concerning intellectual property protection; with respect to Users located outside the European Union – also content infringing copyright protection laws applicable in their respective jurisdictions, including in particular the DMCA (USA);
    • i. infringe the rights of third parties;
    • j. violate applicable local or international law;
    • k. violate these Regulations.
  • 2. In the above cases, as well as in other cases where there is a reasonable probability that content created by a given User is used for unlawful purposes, the Service Provider reserves the right to suspend the User’s Account and block access to the Link Shortening Service or other Electronic Services. The procedure concerning suspension and possible restoration or deletion of the Account is described in clauses 7.10–7.12 of these Regulations.
  • 3. In the event of deletion or suspension of a Premium Account available under the Subscription, the Service Provider shall refund the User a proportional part of the fee corresponding to the period remaining until the end of the current Subscription period during which use of the Premium Account was not possible.

11) SURVEYS

  • 1. A User holding an Account may create survey subpages through the Surveys Electronic Service.
  • 2. Within Surveys, the User may create surveys directed to selected recipients, including adding questions and predefined or open-ended answers.
  • 3. Responsibility for management of survey pages created by the User within Surveys in relation to end users (including survey recipients) rests solely with the User who created the survey.
  • 4. The User is strictly prohibited from collecting sensitive data (special categories of personal data referred to in Article 9 of the GDPR) through Surveys. This includes, in particular: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data processed for the purpose of uniquely identifying a natural person, data concerning health, sexuality, or sexual orientation.

12) LINK-IN-BIO

  • 1. A User holding an Account may create a subpage containing links, descriptions, profile photos or graphics, and Vimeo or YouTube videos through the Link-in-bio Electronic Service.
  • 2. Within Link-in-bio, the User may create microsites directed to recipients selected by the User, including by personalising such microsites with links, descriptions, profile photos or graphics, and Vimeo or YouTube videos.
  • 3. Responsibility for management of microsites created through Link-in-bio in relation to end users rests solely with the User creating such microsites. The User is also responsible for content published within the microsite and is obliged to ensure that such content complies with applicable laws and regulations.

13) QR CODES

  • 1. A User holding an Account may create QR codes through the Electronic Service QR Codes.
  • 2. A User using QR Codes is obliged to ensure that any modified QR code functions correctly and in accordance with its intended purpose.
  • 3. The User shall be solely responsible for errors or issues resulting from malfunction of QR codes caused by modifications introduced by the User.

14) LINK ANALYTICS / CLICK STATISTICS

  • 1. A User holding an Account may analyse traffic generated by shortened links through the Electronic Service Link Analytics / Click Statistics.
  • 2. Within the Link Analytics / Click Statistics service, the User has access to anonymised statistical and analytical data, including in particular the number of clicks on a given link, referring domain names, device names, operating system names, browser names, languages, and countries from which clicks originate.
  • 3. The User is responsible for proper use of such data in accordance with applicable laws, including laws relating to privacy and personal data protection.

15) ACTION PAGES

  • 1. A User holding an Account may create standalone call-to-action pages through the Electronic Service Action Pages.
  • 2. Within Action Pages, the User may create pages containing a title, description, graphic or colour background, logo, video, countdown timer, and a call-to-action button redirecting visitors to a URL selected by the User. Action Pages are available through a shortened link within the /c/ path, including on the User’s own branded domains.
  • 3. Responsibility for management of Action Pages and their content in relation to end users rests solely with the User who created the respective page. The User is responsible for ensuring that all content published on Action Pages complies with applicable law and does not infringe the rights of third parties.

16) CONTACT WITH THE SERVICE PROVIDER

  • The primary means of communication with the Service Provider is electronic mail (e-mail: [email protected]), through which Users may exchange information with the Service Provider regarding use of the Online Service. Users may also contact the Service Provider using the contact methods indicated at: https://cutt.ly/contact and by other means permitted by law.

17) COMPLAINTS REGARDING THE WEBSITE AND ELECTRONIC SERVICES

  • 1. Complaints relating to the operation of the Website and Electronic Services may be submitted by Users using the contact form available on the Website, by e-mail to: [email protected], or in writing to the following address: ul. Śląska 15A/9, 80-384 Gdańsk, Poland.
  • 2. The Service Provider recommends including the following information in the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity; (2) the User’s request; and (3) contact details of the complainant. The requirements specified above constitute recommendations only and do not affect the effectiveness of complaints submitted without the recommended information.
  • 3. Detailed provisions concerning Electronic Services constituting digital services within the meaning of the Consumer Rights Act are regulated by the provisions of the Consumer Rights Act applicable from 1 January 2023, including in particular Articles 43h–43q thereof. These provisions specify, in particular, the basis and scope of liability of the Service Provider towards Consumers in the event of non-conformity of the Electronic Service with the contract.
  • 4. The Service Provider shall respond to the complaint without undue delay, no later than within 14 calendar days from the date of receipt.

18) WITHDRAWAL FROM THE CONTRACT BY CONSUMERS

  • 1. This section of the Regulations applies exclusively to Users who are Consumers and to distance contracts concluded by such Consumers with the Service Provider.
  • 2. The right of withdrawal from a distance contract shall not apply to contracts: (1) for the provision of services for which the Consumer is obliged to pay the price, where the Service Provider has fully performed the service with the prior express consent of the Consumer, who was informed before commencement of the service that, after full performance by the Service Provider, the Consumer would lose the right of withdrawal from the contract, and acknowledged this fact; or (2) for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, where performance commenced with the prior express consent of the Consumer, who was informed before commencement of the performance that, after full performance by the Service Provider, the Consumer would lose the right of withdrawal from the contract, and acknowledged this fact, and the Service Provider provided the Consumer with confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
  • 3. Subject to clause 18.2 of these Regulations, a Consumer who has concluded a distance contract may withdraw from the contract within 14 calendar days without stating any reason and without incurring any costs, subject to the exceptions referred to in this section of the Regulations. To meet the withdrawal deadline, it is sufficient to send the statement before expiry of the deadline.
  • 4. The withdrawal period begins on the date of conclusion of the contract.
  • 5. Statements concerning exercise of the right of withdrawal from the contract may be submitted to the Service Provider using the contact details indicated in clause 16 of these Regulations.
  • 6. The provisions of this section relating to Consumers shall apply from 1 January 2021 and, with respect to agreements concluded from that date onwards, shall also apply to a natural person concluding an agreement directly related to that person’s business activity, where the content of the agreement indicates that it is not of a professional nature for such person, resulting in particular from the scope of business activity made available pursuant to the provisions on the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG).

19) OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES

  • 1. This section of the Regulations applies exclusively to Users who are Consumers.
  • 2. Detailed information regarding the possibility for a Consumer to use out-of-court complaint handling and dispute resolution procedures, as well as the rules of access to such procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  • 3. The President of the Office of Competition and Consumer Protection also operates a contact point whose tasks include providing Consumers with assistance regarding out-of-court resolution of consumer disputes. The contact point may be contacted: by telephone at: 22 55 60 333, by e-mail at: [email protected], or in writing to: Pl. Powstańców Warszawy 1, 00-030 Warsaw, Poland.
  • 4. Consumers may in particular use the following out-of-court complaint handling and dispute resolution procedures: (1) submitting an application for dispute resolution to a permanent consumer arbitration court (more information available at: http://www.spsk.wiih.org.pl); (2) submitting an application for out-of-court dispute resolution to the Provincial Inspector of Trade Inspection; and (3) obtaining assistance from a district or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection, including the Consumers’ Federation or the Polish Consumers Association. Advice may also be obtained by e-mail at: [email protected] or by calling the consumer helpline: 801 440 220 on Business Days between 8:00 a.m. and 6:00 p.m. (call charges according to the operator’s tariff).

20) TECHNICAL INTERRUPTIONS AND FAILURES

  • 1. The Service Provider shall make every effort to ensure proper and uninterrupted functioning of the Online Service. However, due to the complexity and level of sophistication of the Online Service and Electronic Services, as well as external factors beyond the Service Provider’s control, including in particular DDoS (distributed denial of service) attacks, technical errors, failures, and interruptions preventing or limiting operation of the Online Service or Electronic Services may occur. In such cases, the Service Provider shall undertake all reasonable actions aimed at minimising the negative consequences of such events to the greatest extent possible.
  • 2. The Service Provider shall inform Users without undue delay about technical errors and failures referred to above, together with the estimated time required for their removal.
  • 3. In addition to interruptions caused by technical errors and failures, other technical interruptions may occur during which the Service Provider undertakes activities intended to develop the Online Service and secure it against technical failures and threats.
  • 4. The Service Provider plans technical interruptions in a manner intended to minimise inconvenience for Users, in particular by scheduling such interruptions during periods of lower traffic within the Online Service, including night-time hours, and only for the duration necessary to carry out the required technical works. The Service Provider informs Users in advance about planned technical interruptions, including the expected duration of such interruptions.
  • 5. The Service Provider shall not be liable towards Users for damages or failure to perform obligations resulting from technical errors, failures, or interruptions referred to in this section of the Regulations. The foregoing shall not exclude or limit any statutory rights of Consumers or statutory liability of the Service Provider towards Consumers arising under generally applicable law.

21) COPYRIGHT

  • 1. Copyright and intellectual property rights to the Website as a whole, as well as to individual elements thereof, including content, graphics, works, designs, and trademarks available within the Website, belong to the Service Provider or authorised third parties and are protected under copyright law and other generally applicable provisions of law. Protection granted to the Website covers all forms of expression thereof.
  • 2. Trademarks of the Service Provider and third parties should be used in accordance with applicable law.

22) ILLEGAL CONTENT AND OTHER CONTENT NON-COMPLIANT WITH THE REGULATIONS

  • 1. This section of the Regulations contains provisions resulting from the Digital Services Act concerning the Online Service and the Service Provider. Whenever the User provides content within the Online Service, the User is obliged to comply with these Regulations.
  • 2. CONTACT POINT – The Service Provider designates the e-mail address: [email protected] as the single point of contact. The contact point enables direct communication between the Service Provider and authorities of Member States, the European Commission, and the European Board for Digital Services, and also enables direct, rapid, and user-friendly electronic communication between Users and the Service Provider for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as the languages of communication with the contact point.
  • 3. Procedure for Reporting Illegal Content and Actions Undertaken Pursuant to Article 16 of the Digital Services Act:
    • a. Any person or entity may report to the Service Provider the presence of specific information considered to constitute Illegal Content by sending a report to: [email protected] or via the form available at: https://cutt.ly/report.
    • b. The report should be sufficiently precise and duly justified. For this purpose, the Service Provider enables and facilitates submission of reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the reporting person or entity alleges that the information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the precise URL or URLs, and, where applicable, additional information enabling identification of the Illegal Content, depending on the type of content and the specific type of Electronic Service; (3) the name or designation and e-mail address of the reporting person or entity, except in cases concerning information involving offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the reporting person or entity that the information and allegations contained in the report are accurate and complete.
    • c. A report referred to above shall be deemed to give rise to actual knowledge or awareness within the meaning of Article 6 of the Digital Services Act with respect to the information concerned, provided that it enables the Service Provider, acting with due diligence, to determine, without detailed legal analysis, the illegal nature of the activity or information.
    • d. Where the report contains electronic contact details of the reporting person or entity, the Service Provider shall promptly confirm receipt of the report. The Service Provider shall also inform such person or entity, without undue delay, of the decision taken with respect to the reported information, including information regarding the possibility of appealing against such decision.
    • e. The Service Provider shall consider all reports submitted pursuant to the procedure described above and shall make decisions concerning the reported information in a timely, diligent, non-arbitrary, and objective manner. Where the Service Provider uses automated means for the purposes of consideration or decision-making, the Service Provider shall include information in this respect in the notification referred to above.
  • 4. Information regarding restrictions imposed by the Service Provider in relation to information provided by Users within the Online Service:
    • a. The following rules apply to Users when providing any content within the Online Service:
      • I. the User is obliged to use the Online Service, including publication of content, in accordance with the intended purpose thereof, these Regulations, applicable law, and good practices, while respecting personal rights, copyright, and intellectual property rights of the Service Provider and third parties;
      • II. the User is obliged to provide content consistent with facts and not misleading;
      • III. the User is prohibited from providing unlawful content, including Illegal Content;
      • IV. the User is prohibited from sending unsolicited commercial communications (spam) through the Online Service;
      • V. the User is prohibited from providing content violating generally accepted rules of online communication, including vulgar or offensive content;
      • VI. the User is obliged to hold all necessary rights, licences, consents, and authorisations required to provide such content within the Online Service, including in particular copyright or related rights, and, in the case of content including image or personal data of third parties, the right to use, distribute, make available, or publish such content;
      • VII. the User is obliged to use the Online Service in a manner that does not threaten security of the ICT systems of the Service Provider, the Online Service, or third parties.
    • b. The Service Provider reserves the right to moderate content provided by Users within the Online Service. Moderation is conducted in good faith and with due diligence, either on the Service Provider’s own initiative or following receipt of a report, in order to detect, identify, and remove Illegal Content or other content non-compliant with these Regulations, or to block access thereto, or to undertake other actions necessary to comply with European Union law or national law consistent with European Union law, including the Digital Services Act.
    • c. Moderation activities may be performed manually or through automated or partially automated tools supporting the Service Provider in identifying Illegal Content or content non-compliant with these Regulations. After identifying such content, the Service Provider shall decide whether to remove the content, block access thereto, limit visibility thereof, or undertake other actions deemed necessary, including contacting the User in order to clarify objections and modify the content. The Service Provider shall inform the User who provided the content, provided that contact details are available, about the decision taken, reasons for such decision, and available appeal options in a clear and comprehensible manner.
    • d. In exercising rights and obligations arising from the Digital Services Act, the Service Provider shall act with due diligence, objectively, proportionately, and with due regard to the rights and legitimate interests of all parties involved, including Users, taking into account fundamental rights and freedoms guaranteed under the Charter of Fundamental Rights of the European Union, including freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
  • 5. Any comments, complaints, claims, appeals, or objections concerning decisions or other acts or omissions undertaken by the Service Provider based on a received report or a decision taken in accordance with these Regulations may be submitted in a manner analogous to the complaint procedure referred to in clause 16 of these Regulations and, in the case of registered Users, also through an automated appeal form. Use of this procedure is free of charge and enables submission of complaints electronically to the indicated e-mail address. Use of the complaint and appeal procedure shall not prejudice the right of a person or entity to initiate court proceedings or affect any other rights of such person or entity.
  • 6. The Service Provider shall consider all comments, complaints, claims, appeals, and objections relating to decisions or acts or omissions undertaken on the basis of a received report in a timely, objective, non-discriminatory, and non-arbitrary manner. Where a complaint or other notification contains sufficient grounds enabling the Service Provider to conclude that: (1) a decision not to undertake actions in response to a report was unjustified; or (2) the information concerned is not Illegal Content and is compliant with these Regulations; or (3) the complaint contains information indicating that the conduct of the complainant does not justify the measures applied, the Service Provider shall, without undue delay, revoke or amend its decision regarding removal of content, blocking access thereto, limitation of visibility, or shall undertake other necessary actions.
  • 7. Users, persons, or entities that submitted reports of Illegal Content and recipients of decisions concerning Illegal Content or content non-compliant with these Regulations are entitled to select any certified out-of-court dispute resolution body designated by the Digital Services Coordinator of a Member State for the purpose of resolving disputes concerning such decisions, including disputes not resolved under the internal complaint handling system of the Service Provider.

23) FINAL PROVISIONS

  • 1. Agreements concluded through Cutt.ly are concluded in the English language. In the event of any discrepancy or inconsistency between different language versions of these Regulations or the Pricelist, the English language version shall prevail.
  • 2. These Regulations enter into force upon publication on the Website.
  • 3. The Service Provider reserves the right to amend these Regulations for important reasons, including: changes in legal provisions; changes in the scope or form of Electronic Services; or changes affecting implementation of the provisions of these Regulations.
    • a. In the case of agreements of a continuous nature concluded under these Regulations, including Subscription agreements, the amended Regulations shall be binding upon the User provided that the requirements specified in Articles 384 and 384[1] of the Civil Code have been fulfilled, namely the User has been properly notified of amendments to the Regulations and has not terminated the agreement within 14 calendar days from the date of notification. Where amendments to the Regulations result in introduction of new fees or increase of existing fees, the Consumer shall have the right to withdraw from the agreement.
    • b. In the case of agreements other than agreements of a continuous nature concluded under these Regulations, amendments to the Regulations shall not in any way infringe rights acquired by Consumers before the effective date of such amendments, including in particular rights arising from agreements concluded, performed, or executed before entry into force of amendments to the Regulations.
  • 4. Matters not regulated in these Regulations shall be governed by generally applicable provisions of Polish law, including in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Electronic Services; the Consumer Rights Act; and other applicable provisions of Polish law.
  • 5. These Regulations shall not exclude mandatory provisions applicable in the country of habitual residence of the Consumer where such provisions cannot be excluded by agreement. In such a case, the Service Provider guarantees the Consumer protection granted under provisions that cannot be excluded by agreement.

24) WITHDRAWAL FORM TEMPLATE (APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)

25) ANNEX NO. 1 TO THE REGULATIONS

  • Thank you for carefully reading these Regulations.
  • If you have any questions, please contact your Account Manager directly or use the contact details indicated above.
  • We invite you to use our services.
  • Cutt.ly Team