Terms of Service

1. Definitions

Provider — the operator of SpotMade. Customer — a natural person entering the contract for non-professional purposes (consumer) or as a business. AI content — digital images generated by artificial intelligence models.

2. Service scope

SpotMade generates AI content (images) based on reference photos and a brief supplied by the Customer. The service delivers digital files in the agreed quantity and style within the SLA stated in the offer.

3. Content nature — AI disclosure

All delivered files are synthetic AI-generated content and do not constitute documentary photography. Every file carries C2PA metadata confirming AI origin. The Customer undertakes to publish the content with adequate labeling (Instagram/TikTok AI label, #aicontent hashtag, disclosure in brand campaigns) in accordance with the EU AI Act (Regulation 2024/1689 Art. 50) and platform rules.

4. Content license

The Customer receives a non-exclusive, irrevocable license to use the delivered AI content for personal and commercial purposes (social media, marketing campaigns, own-account monetization). The license does not include reselling the files as goods, further AI model training, or publishing them as "real photography".

5. Customer obligations and warranties

• Customer is 18 years of age or older.
• Customer owns full rights to all reference photos.
• Reference photos depict the Customer or individuals who have consented to processing.
• Customer will not order content depicting public figures without consent, minors, sexual / political / violent content, or protected brands.
• Customer is responsible for the manner in which delivered content is published.

6. Right of withdrawal (14 days) — digital content

Pursuant to Art. 16(m) of the EU Consumer Rights Directive 2011/83/EU and implementing national laws, the right of withdrawal does not apply to digital-content contracts where performance has begun with the consumer's express prior consent before the 14-day withdrawal period expires. The Customer provides such consent via a dedicated checkbox at checkout.

7. Revisions and approval

• Before production the Client approves the moodboard — seeing the direction before we start.
• 1 free revision on every order.
• The Provider does not offer voluntary monetary refunds beyond cases required by mandatory law.
• The Client’s statutory rights to complaint/warranty and withdrawal (sections 6 and 11) remain unaffected.

8. Liability and its limitations

• Provider is not liable for how the delivered content is used — in particular for failure to label as AI, misleading publication, violations of platform rules, or the Customer's contractual obligations toward third parties (e.g. brands, agencies).
• Provider liability shall in no case exceed 100% of the order value to which the claim relates.
• Liability for indirect damages, lost profits, loss of reputation, loss of advertising contracts, legal costs and non-pecuniary damages is excluded — to the extent permitted by law.
• Customer claims expire 12 months after the order delivery date.
• These limitations do not exclude liability for damage caused by willful misconduct or gross negligence, nor consumer-protection rights that cannot be waived under applicable mandatory law.

9. Force majeure

Neither party shall be liable for non-performance or improper performance of obligations arising from the Terms if caused by force majeure, including in particular: failures of infrastructure providers (Stripe, Vercel, Supabase, Uploadthing, Resend, AI model providers), DDoS attacks, extraordinary actions of state authorities, natural disasters. In such cases the SLA timeline is suspended and the Provider will inform the Customer by email of the expected delay.

10. Moderation, takedown and DSA procedure

• Provider reserves the right to refuse an order without reimbursement of compute cost incurred if the brief violates clause 5 or the law.
• Individuals recognizing their likeness in AI content may file a takedown at contact@spotmade.com — material removed within 48h without bureaucracy.
• Every notice of illegal content (notice & action, Art. 16 of the Digital Services Act — Regulation 2022/2065) is logged, assessed by the operator and handled within 7 business days.
• The Customer has the right to appeal a moderation decision — response within 14 business days.

11. Complaints

• Complaints should be sent to contact@spotmade.com within 14 days of detecting the defect.
• A complaint should include: order number, problem description, expected resolution.
• Provider examines complaints within 14 business days. Failure to respond within this period means the complaint is deemed accepted.
• Consumers additionally have the right to use out-of-court dispute resolution methods (UOKiK, ODR).

12. Personal data, GDPR and processors

Detailed data processing rules are described in the Privacy Policy. We use only GDPR-compliant processors bound by data processing agreements (DPA): Stripe (payments), Resend (transactional email), Uploadthing (reference hosting), Vercel (application hosting), Supabase (database). The Customer may request earlier deletion of reference photos via contact@spotmade.com or /api/privacy/delete.

13. Data transfer outside the EEA

Some processors (Stripe, Resend) have servers in the USA. Transfer is based on Standard Contractual Clauses (SCCs) of June 2021 and the EU-US Data Privacy Framework (Commission decision 2023/1795). Acceptance of the Terms constitutes acceptance of such transfer to the extent necessary for service performance.

14. Governing law and jurisdiction

Polish law. Consumer disputes are adjudicated at the consumer's place of residence. Disputes with businesses — court competent for the Provider's seat. Out-of-court consumer dispute resolution available via UOKiK (uokik.gov.pl) and the ODR platform (ec.europa.eu/consumers/odr).

15. Sessions and workshops (training services)

• SpotMade also provides paid training services: the 1:1 Consultation (60 min online, fixed program, with materials — including a written profile audit and a 30-day content plan PDF), the 1:1 workshop (8h) and the group workshop. Services are performed with due care; business results (e.g. reach, sales) are not guaranteed. Prices include VAT; an invoice is issued for every purchase.
• The session slot is booked from the provided calendar after payment; the workshop date is arranged individually by email. The group workshop starts once a minimum of 5 participants have signed up — if an edition is cancelled, the Customer receives a full refund.
• A booked slot can be rescheduled free of charge up to 24h before the start (1 change included). In case of a no-show without cancellation, the service is deemed performed to the extent of the reserved time and the fee is non-refundable, unless the absence was due to causes beyond the Customer's control (e.g. documented illness) — in which case a new date is set.
• Right of withdrawal (14 days): the service is performed before the withdrawal period expires at the consumer's express request made at purchase (art. 38(1)(1) of the PL Consumer Rights Act). Once the service is fully performed the right of withdrawal lapses; until the session starts the consumer may withdraw with a full refund.
• 1:1 session guarantee: if the session does not end with a written 30-day content plan, the Customer receives a 100% refund on request (filed within 3 days after the session).
• Credit: 100% of the 1:1 session price is deducted from the 1:1 workshop price if the workshop is purchased within 14 days of the session (extended by another 14 days once the Customer publishes the first post from the plan).
• Sections 5 (customer obligations), 8 (liability), 9 (force majeure), 11 (complaints) and 12-14 apply accordingly. Sessions may be recorded only with the separate consent of both parties.

16. Terms changes

Customer will be notified by email 14 days before changes take effect. Orders placed before a change are fulfilled under the version in force at the time of ordering. The current version is always available at spotmade.com/pl/regulamin and spotmade.com/en/regulamin.