§ 0 - DEFINITIONS

The following terms used in these regulations have the following meanings:

1. Regulations - means the regulations of the apoz.pl platform used by Users to post graphics, among other things, for use as prints on fabrics and for the purchase of these fabrics and products made from them by Customers.
2. APOZ - means APOZ sp. z o.o. with its registered office in Grabówka, ul. Liliowa 1, 15-523, entered into the National Court Register under the number: 000529761; NIP: 542 32 40 286; REGON: 200 899 540; share capital 55,000 PLN.
3. User - means any person (entity) who has registered an account on the Platform and accepted the Regulations.
4. Customer - a person or entity making purchases using the platform / online store operated by APOZ at www.apoz.pl.
5. Commercial Graphic - a graphic posted by the User on the Portal with the right of APOZ to apply it to products offered for sale to third parties.
6. Internal/Private Graphic - a graphic posted by the User on the Portal without the right to apply it to products offered for sale to anyone other than the User (a graphic not visible on the platform to anyone other than the User who posted it).
7. Act - means the Act of 4 February 1994 on copyright and related rights.

§ 1 - GENERAL PROVISIONS

1. In order for the User to use the Platform, the User must first create an account, including accepting the Terms and Conditions.
2. In the case of individuals, only adult persons may be Users.
3. To create an account, the User is required to provide: a username, a password (in accordance with the requirements of the Platform), and personal data in the form of: first name, last name, address, and bank account number.
4. Having and providing an email address is necessary to create an account.
5. After creating and verifying the account, the User gains the ability to post graphics on the Platform.

§ 2 - UPLOADING GRAPHICS

1. Graphics posted by the User must meet the following technical and graphic requirements: the graphic file has 300DPI per inch, Adobe 1998 color, project scale 1 to 1.
2. When posting a graphic, the User specifies whether the graphic is Internal or Commercial each time. After posting the graphic, it is possible to change its status from the User's account.
3. Before publishing the graphic on the Platform, APOZ reserves the right to verify the graphics in terms of appropriate technical and graphic conditions, as well as their compliance with the laws in force. Changing the status of the graphic from Internal to Commercial entitles APOZ to re-verify it.
4. After obtaining successful verification, the graphic will be posted on the Platform in accordance with the User's choice as either Commercial or Internal.
5. APOZ reserves the right to refuse positive verification, correct graphics, suspend their availability on the Platform to persons other than the User posting the graphic,
   1. as well as to delete graphics in the event that:
   2. the graphic does not meet the technical and graphic requirements,
   3. the graphic infringes the rights of third parties, in particular in the field of proprietary copyrights,
   4. the graphic contains vulgar, indecent or generally considered offensive content,
   5. the graphic does not meet the aesthetic standards expected by APOZ (applies to Commercial Graphics).
6. In the event of negative verification, the User will be notified of the reasons for it.
7. During the verification process, APOZ reserves the right to request additional information from the User regarding the graphic, in particular with regard to the User's right to use the graphic or its individual elements
8. The pricing of products offered for sale using graphics posted by the User, as well as the organization and terms of promotional campaigns using graphics, are the exclusive right of APOZ.

§ 3 - USER LIABILITY

1. By accepting the Regulations, the user confirms and guarantees that:
   1. the graphics posted by them on the Platform were personally created by them, are not a derivative, modification or adaptation of someone else's work within the meaning of the Act,
   2. they hold unlimited and exclusive copyrights (personal and property) to the graphics posted on the Platform,
   3. including the right to grant licenses to exercise derivative copyright in relation to those graphics, as referred to in § 4 of the Regulations,
   4. the graphics they post do not infringe or will not infringe the rights of third parties, in particular their property and personal copyrights, and personal rights.
2. The user is fully responsible for any infringement of the rights of third parties.
3. As a result of the posting or use of Graphics by APOZ, and is required to:
   1. provide APOZ with any assistance necessary to defend against claims by third parties and cover all costs incurred by APOZ related to such defense,
   2. take, at their own cost and risk, all legal actions to ensure proper protection of APOZ against claims by third parties, including agreeing to replace APOZ and,
   3. if this is not possible, to join APOZ on the side of ongoing legal proceedings brought against APOZ by third parties.

§ 4 - LICENSE

1. By placing a graphic on the Platform as a Commercial Graphic, the User grants APOZ a non-exclusive license
2. The license is granted for an indefinite period of time, but no longer than until the graphic is removed from the platform or its status is changed from a Commercial Graphic to an Internal Graphic
3. The license is granted for the following fields of exploitation:
   1. modifying, editing, or changing the graphic to the extent necessary to bring it into compliance with the Regulations,
   2. using the graphic for its application by any method, in particular by printing, on products offered for sale by APOZ to Customers as part of its business activity,
   3. granting sublicenses by APOZ to third parties allowing these persons or entities to resell products created using graphics provided by the User.
4. The license is granted without territorial limitations.
5. Revocation of the license or its expiration due to other actions will not affect products created using the graphic before the license expiration.

§ 5 - SALARY

1. In connection with the User's posting of Commercial Graphics on the Platform and granting a license to APOZ as referred to in § 4 of the Terms and Conditions, the User is entitled to conditional remuneration, subject to the provisions of this paragraph.
2. The User's right to remuneration is contingent upon the Customer making a purchase of products using the Commercial Graphics posted by the User. In the event that the condition specified in the previous provision is not met, the license shall be granted free of charge.
3. The amount of remuneration due to the User shall be determined as 5% of the net value of products sold by APOZ using the Commercial Graphics posted by the User.
4. Remuneration will only be granted for sales:
   1. for which APOZ has received full payment from the Customer
   2. where the Customer has not exercised the right of withdrawal from the contract (if such right was available to the Customer).
   3. where the customer's order status changes to "shipped," indicating that the goods have been dispatched to the customer.
5. The funds granted to the User as part of the remuneration will be assigned to the User's account
6. Payment will be made upon the User's request specifying the scope (amount) of the requested payment. If the scope (amount) of the requested payment is not specified, all funds assigned to the User's account will be paid out
7. Payment will be made to the bank account or PayPal account indicated by the User during the account registration process on the Platform.
8. The request for payment should be submitted to APOZ as follows:
   1. submitting a payment request in the seller's panel using the "submit payment" function.
9. Payment will be made within 6 days from the date of APOZ's receipt of the payment request.

§ 6 - COMPLAINTS

1. The User has the right to submit a complaint regarding the functioning of the Platform (in particular, the method of granting and calculating the User's remuneration)
2. All complaints should be submitted in writing to the address of APOZ (provided in the Terms and Conditions) or by using electronic mail to the following address adam@apoz.pl
3. APOZ will inform the User about the method of handling the received complaint no later than 14 days from the day of receiving it from the User. Information regarding the resolution of the complaint will be sent in the same form in which APOZ received the complaint from the User.

§ 7 - PROCESSING OF PERSONAL DATA

1. Participants' personal data are protected under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).
2. Providing personal data is voluntary but necessary for the creation and maintenance of the User's account on the Platform.
3. APOZ is the data controller of personal data.
4. APOZ processes the necessary data for the creation and maintenance of the User's account. APOZ also processes data to fulfill obligations arising from legal provisions, in particular financial data and information needed to fulfill tax accountability obligations under the Personal Income Tax Act and the Corporate Income Tax Act. APOZ processes personal data, including registered data related to the amount of funds accumulated as part of the remuneration, which is necessary for the purposes of the legitimate interests pursued by the data controller (Art. 6(1)(f) of the GDPR).
5. To justified interests include marketing and advertising purposes, such as creating and sending individually tailored information about products, campaigns, and promotions organized by APOZ, as well as conducting opinion and market research.
6. Personal data will be processed until consent is withdrawn. Consent can be withdrawn at any time. Withdrawal of consent or limitation of the scope of User's personal data processed by APOZ may result in the limitation or exclusion of the possibility of having an account on the Platform.
7. Access to personal data will be granted to authorized employees and collaborators of APOZ. User's data may be disclosed to other entities, in particular banks, courier/transport companies, IT support companies for the data controller, subcontractors or assignees of APOZ, always in accordance with the above processing purposes and with due regard to their security.
8. Data will be processed until the User deletes their account and the expiration of any complaint and claim periods, unless applicable law requires the retention of such data.
9. The User is obliged to promptly notify APOZ of any changes in their personal data provided during the User account creation process.
10. The User has the right to lodge a complaint with the supervisory authority - the President of the Personal Data Protection Office.
11. User's data will be subject to automated decision-making (profiling).

§ 8 - PROVISION OF SERVICES VIA ELECTRONIC MEANS

1. APOZ declares that, for the purpose of the User having an account on the Platform, it provides services to the User via electronic means. These services include, in particular: enabling the creation of a User account on the Platform, managing individual participant point accounts, and conducting communication with participants using the Program's website.
2. The provision of services via electronic means is free of charge.
3. The services are provided solely for the purpose of creating and maintaining the User's account on the Platform.
4. The agreement for the provision of services via electronic means is concluded no later than the moment the User creates an account on the Platform.
5. The agreement is concluded for an indefinite period. Deleting the account on the Platform is equivalent to terminating the agreement for the provision of services via electronic means.

§ 9 - FINAL PROVISIONS

1. APOZ reserves the right to introduce changes to the Terms and Conditions, informing Users about this 14 days prior to the implementation of the change by posting relevant information on the Platform.
2. The Terms and Conditions are available at the APOZ headquarters and on the website: www.apoz.pl/regulamin-sprzedawcy
3. In matters not regulated by these Terms and Conditions, the provisions of the universally applicable law shall apply.
4. In the case of participants who are not consumers, any disputes arising from the application of the Program shall be resolved by the court having jurisdiction based on the location of APOZ's registered office.