Terms of Service of the Cardet Studio application
Version 1.2 · service cardetstudio.com · effective from 14 October 2026
This English version is a translation. In case of any discrepancy, the Polish version prevails (§ 21(5)).
§ 1. General provisions
These terms of service (the “Terms”) set out the rules for the provision of services by electronic means within the Cardet Studio web application, available at cardetstudio.com. The Application is used to create, with the use of artificial intelligence, illustrative visualizations of vehicle wraps and of changes to the colour and finish of vehicles (car wrap).
The Service Provider is Arkadiusz Białecki, an entrepreneur conducting a sole proprietorship entered in the Central Register and Information on Economic Activity (CEIDG), address: ul. Rzeźnicza 11, 62-590 Golina, NIP: 6653040315, REGON: 389326869, an active VAT taxpayer (the “Service Provider”). The Service Provider provides the Services under the Cardet Studio brand.
The Terms constitute terms and conditions within the meaning of Art. 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means and standard contract terms within the meaning of Art. 384 of the Polish Civil Code.
The Service Provider may be contacted:
- in general matters, complaints and withdrawal from the agreement — at [email protected] and via the support ticket form in the Application;
- in matters concerning the protection of personal data — at [email protected];
- in matters concerning illegal content (§ 17) — at [email protected].
The address indicated in point 1 also constitutes the point of contact referred to in Arts 11 and 12 of the DSA for the authorities of the Member States, the European Commission, the European Board for Digital Services and recipients of the service. Communication takes place in Polish or English.
The Terms are made available free of charge before the Agreement is concluded, in the Application and on the cardetstudio.com website, in a form that allows them to be downloaded, stored and printed.
Concluding the Agreement requires reading and accepting the Terms. The Service Provider stores information on the version of the Terms accepted by the User, the date and time of acceptance and the IP address from which it was given, as well as the history of acceptance of subsequent versions.
Provisions of the Terms that concern Businesses only do not apply to Consumers or to Consumer-like Sole Traders. The rights granted to Consumers in the Terms are also vested in Consumer-like Sole Traders to the extent provided by law.
§ 2. Definitions
As used in the Terms, the following expressions have the following meanings:
Application — software provided in the SaaS model, accessible via a web browser at cardetstudio.com, together with its functionalities.
Service Provider — the person identified in § 1(2).
User — a person or entity that has concluded the Agreement: a natural person who has reached the age of 18 and has full legal capacity, a legal person, or an organisational unit without legal personality to which statute grants legal capacity.
Business — a User using the Application in direct connection with its business or professional activity, in particular a car wrap studio, a detailing studio, a workshop, or a film manufacturer or distributor.
Consumer — a User who is a natural person using the Application for a purpose not directly connected with their business or professional activity (Art. 22¹ of the Polish Civil Code).
Consumer-like Sole Trader — a natural person concluding the Agreement directly connected with their business activity, where the content of the Agreement shows that it is not of a professional nature for that person, such nature arising in particular from the subject matter of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (Art. 385⁵ of the Polish Civil Code, Art. 7aa of the Consumer Rights Act). An Agreement concluded by a person conducting business in the field of vehicle wrapping, detailing or painting, the sale or servicing of vehicles, or the sale of film is, as a rule, of a professional nature.
Account — the User's individual, secured panel in the Application, enabling the use of the Services, the storage of Visualizations and the management of the Plan.
Authorised Person — an adult employee or associate of a Business whom the Business has allowed to use the Account (§ 5(9)).
Plan — a variant of the Services (Free, 1 Gear, 3 Gear, 6 Gear, Nitro; in the Promotional Materials also “1st gear”, “3rd gear” and “6th gear”) determining, in particular, the number of Credits, the Retention Period, the Custom Colours limit, the Watermark rules and the available functions, as described in Annex 1 and in the Price List.
Free Plan — the free-of-charge Plan referred to in § 8(4).
Subscription — paid, automatically renewed access to a Plan for successive Billing Periods.
Billing Period — the period for which the Subscription fee is charged. It is one month. Introducing a longer Billing Period requires an amendment to the Terms (§ 18).
Credits — the unit of account in the Application used to order the generation of Visualizations and other operations indicated in the Application or the Price List. Credits are divided into:
- Plan Credits — granted under a Plan in the number allocated for each month of using the Plan (the “Monthly Allowance”), in accordance with § 8(5);
- Pack Credits — purchased in a Credit Pack;
- Promotional Credits — granted free of charge under promotional programmes;
- Starter Credits — granted once on the Free Plan (§ 8(4)).
Other expressions used in the Application or the Promotional Materials, in particular “tokens” and “credits”, mean Credits.
Credit Pack — a number of Credits purchased on a one-off basis, independent of the Subscription.
Watermark — a visible mark applied to a Visualization at the time it is generated: the Cardet Studio mark or the User Logo, in accordance with § 8a.
User Logo — an image file uploaded by the User containing their logo or other designation, used as the Watermark.
Logo Unlock — a paid entitlement, acquired on a one-off basis, to use the User Logo as the Watermark on Plans that do not include that function (§ 8a).
Visualization — an illustrative image generated using an artificial intelligence system, showing the vehicle from the User Materials with the selected wrap, colour or finish.
User Materials — any content and data entered, uploaded or stored by the User in the Application, in particular vehicle photographs, the User Logo, reference images and swatches of Custom Colours, as well as client names and vehicle models assigned to Visualizations.
Custom Colours — colours and finishes defined by the User and saved in the Account, together with their reference images and samples (swatches).
Film Library — a database made available by the Service Provider containing colours, finishes and samples (swatches) reproducing products of film manufacturers, together with their names, codes and parameters.
Retention Period — the period specified for a Plan in Annex 1 during which a Visualization and the data referred to in § 11(3) are available in the Account, counted from the day on which the Visualization was generated. The Retention Period does not apply to Custom Colours or the User Logo.
Deletion Period — a 30-day period counted from the expiry of the Retention Period or from the moment at which the data ceased to be available as a result of the Retention Period being shortened (§ 11(6)), after which the data are permanently deleted (§ 11(5)).
Exportable Data — the data specified in Annex 3 which the User may export or transfer to another provider.
Switching Request (also referred to as the “Request”) — the request referred to in § 16(4)(1).
Promotional Materials — the Service Provider's marketing content, including the content of the cardetstudio.com website excluding the Terms and the Price List, e-mail messages, social media profiles and advertisements, together with the sample Visualizations presented therein.
Price List — the current list of Plans, prices, Credits, Credit Packs and the price of the Logo Unlock, available in the Application before an order is placed and, as regards Plans, also at cardetstudio.com/pricing.
Payment Operator — Stripe Payments Europe, Ltd., with its registered office in Dublin (Ireland), and its affiliated entities, providing electronic payment processing services.
Agreement — the agreement for the provision of Services by electronic means concluded on the basis of the Terms. It comprises the Account Agreement (the agreement for maintaining the Account) and the agreements concerning Subscriptions, Credit Packs and the Logo Unlock. Wherever the Terms refer to the termination, termination by notice or expiry of the Agreement without further specification, this means the Account Agreement together with all agreements concerning Subscriptions, Credit Packs and the Logo Unlock.
Services — the services provided by the Service Provider by electronic means within the Application, described in § 3.
AI Act — Regulation (EU) 2024/1689 of the European Parliament and of the Council on artificial intelligence.
GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation).
DSA — Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services.
Data Act — Regulation (EU) 2023/2854 of the European Parliament and of the Council on harmonised rules on fair access to and use of data.
Consumer Rights Act — the Act of 30 May 2014 on Consumer Rights.
Privacy Policy — the document describing the rules for the processing of personal data by the Service Provider, available at cardetstudio.com/app/legal/privacy.
§ 3. Type and scope of the Services
- Within the Application, the Service Provider provides, in particular, the following Services:
- generating Visualizations on the basis of a photograph of a vehicle uploaded by the User, with a choice of the generation model indicated in the Application;
- selecting colours and finishes (including matte, gloss and satin) from the Film Library, which contains representations of products of various film manufacturers (including 3M, Avery Dennison, Oracal, KPMF, Rivashield), and from Custom Colours;
- applying a wrap to selected parts of the vehicle (e.g. bonnet, bumper, mirrors, spoiler, roof, trim strips) and adding carbon elements;
- applying the Watermark, including the User Logo, in accordance with § 8a;
- saving Visualizations in the history for the Retention Period, with the option of assigning a client name and a vehicle model;
- maintaining the Account.
- The scope of functions, the number of Credits, the Retention Period, the Custom Colours limit and the Watermark rules on the individual Plans are set out in Annex 1 and the Price List. In the event of any discrepancy between the Terms or the Price List and the Promotional Materials, the Terms and the Price List prevail, subject to mandatory provisions of law protecting Consumers.
- The Nitro Plan and other plans with individually agreed terms are provided on the basis of an individual agreement, which takes precedence over the Terms to the extent of the matters it governs. An individual agreement may, in particular, provide for access to the Account by multiple users and for a guaranteed availability level.
- The Service Provider may make available functions labelled as “beta”, “early access” or in a similar manner. Such functions are experimental, may operate unstably and may be changed or withdrawn without observing the time limits set out in § 18. § 13(1) does not apply to them. With respect to Consumers, this provision does not limit the rights arising from the lack of conformity of paid Services with the Agreement.
- The Service Provider may modify the Services, including the Application, only for the following justified reasons: (a) the withdrawal or change of an AI model or of the terms of its provider — in which case the model may be replaced with a model of similar parameters; (b) the need to ensure security or compliance with the law, court rulings or decisions of authorities; (c) a change in the product range of film manufacturers reproduced in the Film Library; (d) improvement of the quality, functionality or performance of the Services; (e) the elimination of errors. The Service Provider gives notice of each modification in the Application. A modification may not materially limit the scope of the Services paid for in the current Billing Period; changes materially limiting the scope of the Services are introduced in accordance with § 18.
- If a modification of a Service negatively affects the Consumer's access to or use of the Service to more than a minor extent, the Service Provider informs the Consumer of this on a durable medium reasonably in advance. The Consumer may then terminate the Agreement free of charge within 30 days of receiving the information or of the modification being made, if the latter occurred later. In that case the Service Provider refunds to the Consumer the part of the Subscription price corresponding to the period after the termination of the Agreement, the price of unused Pack Credits and, if the modification concerns the Watermark, also the price of the Logo Unlock (Arts 43m and 43n of the Consumer Rights Act).
- The Services are provided at a distance, without the simultaneous physical presence of the parties.
§ 4. Technical requirements
- The following are necessary for the proper use of the Application:
- a device with access to the Internet;
- an up-to-date version of a web browser (e.g. Google Chrome, Mozilla Firefox, Safari, Microsoft Edge) with JavaScript, necessary cookies and local storage enabled;
- an active e-mail account or, if the User logs in through them, a Google or Discord account;
- image files in JPG, PNG or WebP format (and, in the case of photographs taken in the Application or uploaded from devices that support them, also HEIC/HEIF) of up to 10 MB, unless the Application indicates a different limit. The Application may offer to reduce the size of a larger file before it is uploaded.
- The quality of a Visualization depends to a significant extent on the quality of the uploaded photograph. The Service Provider recommends uploading sharp photographs showing the entire vehicle, taken in even daylight.
- The registration, login and password reset forms are protected by the Cloudflare Turnstile verification mechanism, which may require a simple confirmation action to be performed.
- The Service Provider is not liable for the Application malfunctioning as a result of the technical requirements not being met, for reasons attributable to the User's Internet service provider, or as a result of the configuration of the User's device.
- The use of services provided by electronic means involves risks typical of the Internet, in particular malware, phishing and unauthorised access to data. The Service Provider uses connection encryption and other technical and organisational measures to reduce these risks. The User should use a strong password and up-to-date security software.
§ 5. Registration, Account and conclusion of the Agreement
The use of the Application requires the creation of an Account: via the registration form (e-mail address and password, with confirmation of the e-mail address) or by logging in with a Google or Discord account.
An Account may only be created by a person who has reached the age of 18. The User makes the declaration of having reached the age of 18 together with the acceptance of the Terms (para. 5). The Services are not directed at minors — this is also required by the terms of the AI model provider.
The User declares whether they are concluding the Agreement as a Consumer or as a Business. The declaration is made at registration or, at the latest, in the billing profile form before the first purchase. A Business provides its business name and its NIP number, EU VAT number or other tax identification number. The Service Provider may verify a Business's data in public registers, in particular CEIDG, KRS and VIES.
Each person or entity is entitled to one Account on the Free Plan. In order to prevent repeated use of the Free Plan, upon registration the Service Provider automatically verifies: the device identifier determined by the browser, the IP address, the domain of the e-mail address (including domains of temporary addresses) and the normalised e-mail address (disregarding aliases). If the verification indicates prior use of the Free Plan, the Account is created without Starter Credits, while the other functions of the Account, including the purchase of paid Plans and Credit Packs, remain available. The User may request that the matter be reconsidered by an employee of the Service Provider at the address indicated in § 1(4)(1). The data used for the verification are stored in a secured form (cryptographic hashes) for 24 months from their collection, including after the Account has been deleted.
The Account Agreement is concluded upon acceptance of the Terms: in the registration form or — when logging in via Google or Discord — in the window displayed at the first login. Until acceptance, the Services cannot be used. An agreement concerning a Subscription, a Credit Pack or the Logo Unlock is concluded upon successful authorisation of the payment, and the Service Provider sends the User a confirmation of its conclusion to the User's e-mail address without delay. The confirmation contains a link to the Terms in the version in force at the time the Agreement was concluded and, in the case of a Consumer, also the information referred to in § 9(7).
Before the first purchase, the User sets in the billing profile the country of residence or registered office and the billing currency (PLN, EUR or USD). Due to the Payment Operator's limitations, the country and currency cannot subsequently be changed in the Application. In justified cases, in particular upon a change of residence or registered office, the User may contact the Service Provider, which — if technically possible — will enable the change after the end of the current Subscription.
The User is obliged to provide true, current and complete data and to update them if they change.
The Services are provided to Users whose place of residence or registered office is in one of the countries available in the billing profile form. The Services are not provided:
- to persons and entities from countries or territories subject to sanctions or embargoes of the European Union, the United Nations or — to the extent that they bind the Payment Operator or the AI model providers — the United States, in particular Russia, Belarus, Iran, North Korea, Cuba, Crimea and Sevastopol, and the areas of the Donetsk, Luhansk, Kherson and Zaporizhzhia oblasts not controlled by the government of Ukraine, nor to persons and entities entered on sanctions lists;
- in countries in which the providers of the AI models used in the Application or the Payment Operator do not make their services available. As at 14 October 2026, these are: Afghanistan, Belarus, China, Iran, North Korea, Cuba, Myanmar, Russia and Syria. These countries cannot be selected in the billing profile form.
The Service Provider may refuse to conclude the Agreement or may terminate it if the provision of the Services would breach sanctions regulations.
The User is obliged to keep the Account access credentials confidential and to notify the Service Provider without delay of any suspected unauthorised access. A Business may allow Authorised Persons to use the Account; only persons who have reached the age of 18 may be Authorised Persons. The Business ensures that they have read the Terms, is liable for their actions as for its own, and revokes access without delay for persons with whom it has ended cooperation. The Service Provider is not liable for the consequences of the User disclosing access credentials to third parties.
A person concluding the Agreement on behalf of a Business represents that they are authorised to do so.
§ 6. Rules for using the Application
- The User is obliged to use the Application in accordance with the Terms, the law and accepted principles of good conduct.
- In particular, the following are prohibited:
- uploading User Materials to which the User does not hold the rights or the required consents, including photographs taken by third parties without their consent, likenesses of persons without their consent, and third-party trade marks as the User Logo;
- providing unlawful content, including content infringing the personal rights or intellectual property rights of third parties;
- taking actions that disrupt the operation of the Application, including attempts at unauthorised access, attacks and the introduction of malware;
- to the extent permitted by mandatory provisions of law: automated data extraction (scraping), including downloading samples and data from the Film Library, decompiling and reconstructing the source code, reconstructing or extracting AI models and their parameters, and using the Application or Visualizations to train competing AI systems;
- reselling, renting or making access to the Application available to third parties other than Authorised Persons, and reselling Credits, without the consent of the Service Provider;
- creating multiple Accounts in order to use the Free Plan repeatedly or otherwise circumventing Credit limits;
- generating Visualizations by means of bots, scripts or other automated tools, other than through the interfaces made available by the Service Provider;
- presenting Visualizations as photographs of a real vehicle, in particular in vehicle sale advertisements and in insurance, registration or claims documentation, and using Visualizations to mislead anyone;
- deliberately removing, altering or circumventing the markings referred to in § 7(5) in order to conceal that a Visualization was generated by artificial intelligence, as well as removing, obscuring or altering a Watermark applied on a mandatory basis on a given Plan (§ 8a(1));
- uploading pornographic content or content depicting violence, content of a sexual or violent nature involving minors, and photographs in which the likeness of a minor is the main element;
- using the Application in a manner that places an excessive load on the Service Provider's infrastructure or is contrary to its intended purpose.
- A Business is liable for the User Materials and for the manner in which Visualizations are used, including their transfer and publication, in accordance with § 7(10)–(13). A Consumer is liable in accordance with the general rules.
- In the event of a breach of the Terms, the Service Provider may — after first calling for the breach to cease, where this is possible and reasonable — block access to specific content, restrict functions, suspend access to the Account or terminate the Agreement in accordance with § 16(3). These measures must be proportionate to the seriousness of the breach. The Service Provider provides a statement of reasons in accordance with § 17(5).
§ 7. Artificial intelligence and the nature of Visualizations
- Visualizations are generated automatically by an artificial intelligence system, using models supplied by the third parties identified in the Privacy Policy. The User is hereby informed of the use of an artificial intelligence system in accordance with the transparency requirements arising from the AI Act.
- A Visualization is an illustrative simulation, not a photograph or a faithful representation of the vehicle after the film has been applied. A Visualization may differ from reality, in particular as regards:
- the colour, shade, gloss, texture, grain and reflections of the film;
- the shape, proportions and geometry of the vehicle, wheel rims, windows, details, emblems and lettering;
- the parts to which the film has been applied, including the inclusion or omission of parts other than those indicated by the User;
- the background, lighting and surroundings of the vehicle;
- the appearance or disappearance of elements not present in the input photograph (artefacts).
- Discrepancies are influenced by, among other things, the quality of the input photograph, lighting, screen calibration, the condition of the vehicle's surface, the production batch of the film and the manner in which it is applied. A Visualization does not constitute a colour standard, a swatch book, a technical opinion, a guarantee of the result or an offer within the meaning of the law. The final choice of film should be verified against the manufacturer's physical swatch books and during an inspection of the vehicle.
- The representations of products in the Film Library are approximate and are based on information made publicly available by the manufacturers. The Service Provider does not guarantee the availability or price of the products, that product names and codes are up to date, the products' technical suitability for a particular vehicle, or their compatibility with the manufacturer's warranty conditions. Manufacturer and product names are trade marks of their respective owners and are used solely for identification purposes. The Service Provider is not affiliated with or authorised by those entities, unless indicated otherwise.
- Visualizations are marked as generated by artificial intelligence in a machine-readable format (Art. 50(2) of the AI Act). The marking comprises information in the file metadata and an invisible digital mark applied by the model provider (e.g. SynthID), where the given model uses one. The User may not deliberately remove, alter or circumvent these markings in order to conceal that a Visualization was generated by artificial intelligence. The Service Provider is not liable for the loss of the markings as a result of the file being processed by the User or by third parties, including social media services.
- Before the Agreement is concluded, the User is expressly informed of the characteristics of Visualizations described in paras 2–4 and accepts them separately by ticking a separate checkbox. In the case of a Consumer, this constitutes the express and separate acceptance referred to in Art. 43k(5) of the Consumer Rights Act. The Service Provider is not liable for any lack of conformity of the Service with the Agreement with respect to the characteristics so accepted.
- A faithful representation of the actual appearance of the vehicle after the film has been applied is not a characteristic of the Service. The Service is performed in accordance with the Agreement if the Visualization shows the vehicle from the User Materials in the selected colour or finish in an illustrative manner, taking into account paras 2–4.
- In relations with Businesses, the characteristics of the Services are determined exclusively by the Terms, the Price List and the description of the Plan in the Application. Promotional Materials, including statements about the accuracy, fidelity or realism of Visualizations, are purely promotional and do not constitute an assurance, a guarantee or a description of the characteristics of the Services. Irrespective of the User's status, the sample Visualizations presented in the Promotional Materials are selected examples, and the results obtained by the User depend on the User Materials and may differ from those examples.
- A Business that presents Visualizations to third parties, in particular to its clients:
- informs them of the illustrative nature of the Visualizations and that they were generated by artificial intelligence;
- when publishing Visualizations, including on social media and in advertising, labels them as generated by artificial intelligence where required by law, including Art. 50(4) of the AI Act;
- is solely responsible for the arrangements made with the client concerning the choice of film, the price, the scope of work and the expected result.
- The Service Provider is not a party to agreements concluded by the Business with its clients. If a third party brings a claim against the Service Provider, the Business undertakes to release the Service Provider from the obligation to perform in favour of that third party (Art. 392 of the Polish Civil Code) and, if the Service Provider has performed, to reimburse it for the amounts awarded by a final and binding ruling or paid under a settlement concluded in accordance with para. 12, together with reasonable costs of defence, including legal fees — solely to the extent that the claim arises from:
- User Materials uploaded by the Business or by Authorised Persons, including the User Logo, that infringe the rights of third parties or the law;
- the use of Visualizations by the Business or by Authorised Persons in breach of the Terms or the law, in particular § 6(2)(8)–(9) and para. 9 of this section;
- arrangements, assurances and agreements between the Business and its clients.
- The release referred to in para. 10 does not cover claims to the extent that they arise from: elements of the Application, the Film Library or the Cardet Studio Watermark; other materials provided by the Service Provider; an act or omission of the Service Provider or of the entities it engages; a breach of the Terms or the law by the Service Provider. If both parties contributed to the claim arising, each of them is liable to the extent of its contribution.
- The release referred to in para. 10 is subject to the following conditions:
- the Service Provider notifies the Business of the claim at the Account e-mail address without delay, and no later than 14 days after receiving it, and provides the information in its possession. A delay in notification releases the Business only to the extent of the damage resulting from that delay;
- the Business may, within 14 days of the notification, take over the conduct of the defence and negotiations, at its own expense and with a legal representative of its choice. The Service Provider grants a power of attorney to the legal representative designated by the Business, cooperates in the defence and may participate in it with its own legal representative at its own expense. In court proceedings, the Business may join the case as an auxiliary intervener;
- the Service Provider does not acknowledge the claim or conclude a settlement without the consent of the Business, which may not be refused without a justified reason. The Business does not conclude, without the consent of the Service Provider, a settlement imposing obligations on the Service Provider or containing an admission of its liability;
- if the Business does not take over the defence within the time limit referred to in point 2, the Service Provider may conduct it independently, subject to point 3.
- Paragraphs 10–12 do not apply to Consumers or to Consumer-like Sole Traders.
- Due to the probabilistic nature of the technology, the same parameters may lead to different results, and the Service Provider does not guarantee that every Visualization will be free of inaccuracies or artefacts. The User may regenerate a Visualization in accordance with § 8(8).
§ 8. Plans, Credits and payments
- The Services are provided on the Free Plan, under a Subscription, through the purchase of Credit Packs and — as regards the Watermark — through the purchase of the Logo Unlock. The generation of Visualizations and other operations indicated in the Application are settled in Credits. The Subscription, Credit Packs and the Logo Unlock are paid for with money, in accordance with the Price List.
- Prices are set out in the Price List; prices are stated in the currency assigned to the Account (PLN, EUR or USD — § 5(6)). Prices in PLN and EUR are gross prices and include the applicable VAT. If a Business having its registered office in a Member State of the European Union other than Poland provides in the payment form a valid EU VAT number verified in the VIES system, VAT is accounted for by the purchaser (reverse charge mechanism), and the amount payable remains equal to the Price List price, with no VAT shown on the invoice. Prices in USD are net prices — the applicable tax, if any, is added in the payment form. The final amount payable, including tax, is presented before the order is placed. Prices presented in the Promotional Materials in a single currency are for information purposes only.
- Payments are handled by the Payment Operator, in accordance with its terms and privacy policy, using the payment methods indicated in the payment form. The Service Provider does not store full payment card data. The Service Provider is not liable for a refusal to authorise a payment by the issuer of the User's payment instrument.
- The Free Plan:
- is free of charge and includes a one-off allocation of 10 Starter Credits, which are not renewed, do not expire on the Free Plan and are granted subject to § 5(4). Upon the commencement of the first Subscription, unused Starter Credits expire and are replaced by the Monthly Allowance;
- does not include a Visualization history (the Retention Period is 0 days) — a Visualization can be downloaded only immediately after it has been generated, within 5 minutes, after which it ceases to be available in the Account (§ 11(4)); the Application keeps copies of the last 3 Visualizations only locally, in the browser on the User's device;
- includes the functions specified in Annex 1, and Visualizations generated on it bear a mandatory Watermark (§ 8a);
- is available to one person or one entity only once (§ 5(4));
- allows the purchase of Credit Packs and the Logo Unlock;
- its terms may be changed in accordance with § 18, and the Free Plan may be withdrawn for the valid reasons specified in § 18(1)(1)–(4), with at least 30 days' notice. The withdrawal of the Free Plan does not result in the termination of the Account Agreement or the expiry of Pack Credits, Promotional Credits or the Logo Unlock.
- Plan Credits are granted in Monthly Allowances, in the number specified for the Plan in Annex 1. The User becomes entitled to the Monthly Allowance at the beginning of each Billing Period, upon successful payment of the Subscription for that period. Should the Service Provider introduce — by way of an amendment to the Terms — a Billing Period longer than one month, the fee for the entire period would be charged in advance, but Plan Credits would continue to be granted in Monthly Allowances, at the beginning of each successive month of that period. Unused Plan Credits expire upon the grant of the next Monthly Allowance or at the end of the Subscription and are not carried over to the following month.
- Pack Credits are valid for 12 months from the date of purchase of the Credit Pack, after which they expire. At least 14 days before expiry, the Service Provider informs the User of the number of expiring Credits. Promotional Credits are subject to the rules of the programme under which they were granted and, in the absence of different provisions, to the rules applicable to Pack Credits, except that they do not expire during the term of the Account Agreement.
- Plan Credits and Starter Credits are used first, followed by Pack Credits and Promotional Credits, starting with the Credits with the earliest expiry date.
- The number of Credits deducted for a given operation, which depends in particular on the selected generation model, is indicated by the Application before the operation is started and in the Price List. Credits are deducted at the time the operation is ordered, for each order to generate a Visualization, including regenerations and variants, irrespective of how the result is assessed by the User or the User's client.
- If an ordered operation does not end with the delivery of a Visualization, the deducted Credits are automatically returned to the Account, to the same pool from which they were deducted. This applies in particular to: a technical error, interruption of the process, a timeout, the absence of an output file, a refusal to generate by an automatic safety filter of the AI model provider, and the impossibility of applying a mandatory Watermark. The Consumer's rights in respect of the lack of conformity of the Service with the Agreement (§ 15) remain unaffected.
- Credits are assigned to the Account and may not be transferred, resold or exchanged for cash, subject to para. 12 and § 9.
- The Subscription renews automatically for the next Billing Period, and the fee is collected by the Payment Operator, unless the User disables renewal in the Account panel before the end of the current period. After renewal has been disabled, access to the Plan continues until the end of the paid period, and until then the User may re-enable renewal. After the Subscription ends, the Account moves to the Free Plan, and the consequences for data are set out in § 11(6). The fee for the current period is non-refundable, subject to para. 12 and § 3(6), § 9, § 15, § 17(6), § 18(3), § 20(3) and § 21(4).
- Upon termination of the Account Agreement, unused Credits expire, subject to the second and third sentences. A Consumer who terminates the Account Agreement receives — upon a request made before the termination or within 30 days thereafter — a refund of the price of unused and unexpired Pack Credits, in proportion to their number. If the Service Provider terminates the Agreement for reasons for which the User is not responsible, or permanently ceases to provide the Services, it refunds to the User:
- a proportionate part of the fee for the unused part of the Billing Period;
- the price of unused and unexpired Pack Credits;
- the price of the Logo Unlock.
- Change of Plan:
- a change to a higher Plan takes effect immediately upon payment of a surcharge equal to the pro rata price difference for the remaining part of the current Billing Period. The Subscription renewal date does not change. Upon the change, unused Plan Credits of the previous Plan expire and the User receives the full Monthly Allowance of the new Plan. Pack Credits and Promotional Credits remain unaffected. If the surcharge is not successfully collected, the change does not take place;
- a change to a lower Plan takes effect at the beginning of the next Billing Period; until then, the User continues to use the current Plan. A scheduled change may be cancelled or modified before the end of the period;
- upon moving to a lower Plan (including the Free Plan), the data referred to in § 11(3) that are older than the Retention Period of the new Plan cease to be available and are subject to § 11(6). Custom Colours in excess of the new Plan's limit are deactivated — the most recently created Custom Colours remain active. Deactivated Custom Colours are restored if, within 30 days of deactivation, the User moves to a Plan with a sufficient limit (the most recently created Custom Colours are restored first); after that period they are permanently deleted. The User Logo remains saved in the Account, and whether it is applied is determined by § 8a(1) as it applies to the new Plan;
- the Service Provider provides information on the consequences referred to in points 1–3 before the change of Plan is confirmed or the renewal of the Subscription is disabled.
- The Service Provider may change the prices of Plans for the following valid reasons: an increase in the costs of AI model providers, infrastructure or the Payment Operator; a change in the law or in tax rates; an increase in the index of prices of consumer goods and services announced by the President of Statistics Poland (GUS). A price increase may take place no more than once every 12 months and only to the extent corresponding to the actual impact of the given reason on the cost of providing the Services. The Service Provider sends information about a price change at least 30 days before the start of the Billing Period from which the new price is to apply. Until then, the User may disable the renewal of the Subscription. A price change does not apply to a Billing Period already paid for, to purchased Credit Packs or to a purchased Logo Unlock.
- The Service Provider may limit the number of generations processed simultaneously within a single Account (currently up to 5) and the number of orders per unit of time in order to ensure the stability of the Application. Describing a Plan as unlimited means that there is no fixed Credit limit for use consistent with the intended purpose of the Application within the business activity of a single Business. The Service Provider may, after prior notice, limit the intensity of use if such use exceeds typical use many times over, is carried out in an automated manner or consists in making the Services available to third parties.
- If payment for the next Billing Period fails, the Service Provider informs the User of this, and the Payment Operator retries the charge for a period of up to 14 days. During that time, the User retains access to the Plan and to the Plan Credits remaining from the previous Monthly Allowance and may update the payment method; the User receives the new Monthly Allowance upon successful payment. If the payment is not settled, the Subscription expires and the Account moves to the Free Plan. The consequences for data are set out in § 11(6) — they are the same as upon cancellation of the Subscription.
- Invoices and payment confirmations are issued in electronic form, made available in the Account panel and sent to the User's e-mail address and, in cases required by law, via the National e-Invoicing System (KSeF). By accepting the Terms, the User consents to receiving invoices in electronic form.
- The Service Provider may offer discount codes and promotions on the conditions disclosed when they are made available. Discounts may not be combined, unless the conditions of the promotion provide otherwise, and may not be exchanged for cash. After a promotion ends, standard prices apply.
- Discounts and other rewards granted under promotional programmes, including to persons signed up to the waiting list, are available on the conditions communicated to the participants when they were granted. The Terms do not change those conditions to the detriment of the participants.
§ 8a. Watermark and Logo Unlock
- The rules for applying the Watermark depend on the Plan:
- on the Free and 1 Gear Plans, a Watermark is mandatorily applied to every Visualization — the Cardet Studio mark or, after the Logo Unlock, the User Logo;
- on the 3 Gear Plan, Visualizations do not contain a Watermark, and after the Logo Unlock the User may enable the application of the User Logo;
- on the 6 Gear and Nitro Plans, Visualizations do not contain a Watermark, and the User may enable the application of the User Logo at no additional charge.
- The Watermark is applied at the time the Visualization is generated, in accordance with the Plan applicable at that time. A change of Plan does not change Visualizations generated earlier. If, on a Plan with a mandatory Watermark, the Watermark cannot be applied, the Visualization is not delivered and the Credits are returned (§ 8(9)).
- The Logo Unlock is a one-off paid entitlement, at the price specified in the Price List, to use the User Logo as the Watermark. On the Free and 1 Gear Plans, the Logo Unlock changes only whose mark constitutes the mandatory Watermark — the Cardet Studio mark is replaced with the User Logo. The Logo Unlock does not allow Visualizations to be generated without a Watermark on Plans on which the Watermark is mandatory.
- The Logo Unlock:
- is assigned to the Account on which it was purchased and may not be transferred to another Account or person;
- is valid without time limit for the entire term of the Account Agreement and does not require a Subscription;
- remains in force upon any change of Plan, including when moving to or from the Free Plan;
- cannot be purchased if the User's Plan already includes the User Logo function;
- expires upon termination of the Account Agreement, including the deletion of the Account. The Service Provider gives notice of this before the deletion of the Account is confirmed. The price is refundable only in the cases specified in § 3(6), § 8(12)(3), § 9, § 15, § 18(3) and § 21(4);
- expires with immediate effect if the payment for it is refunded or successfully disputed by the User with the issuer of the payment instrument (chargeback).
- The User Logo must be an image file in the format indicated in the Application, of up to 2 MB. The User represents that they are entitled to use the User Logo. The User Logo constitutes User Materials, to which § 10(3) applies.
- The agreement concerning the Logo Unlock is concluded upon successful authorisation of the payment and continues until the entitlement expires (para. 4). The entitlement is activated in the Account without delay after the agreement is concluded. The Consumer's right of withdrawal from the agreement is set out in § 9(6).
§ 9. Right of withdrawal from the Agreement (Consumer)
This section applies only to Consumers and Consumer-like Sole Traders. Information on the right of withdrawal is set out in Annex 4.
A Consumer may, within 14 days of the date of conclusion of the given Agreement — the Account Agreement or an agreement concerning a Subscription, a Credit Pack or a Logo Unlock — withdraw from it without giving any reason and without incurring any costs, subject to paras. 4 and 5.
A Consumer may submit the statement of withdrawal:
- by electronic means to [email protected] or via the support ticket form in the Application;
- in writing to the Service Provider's address: ul. Rzeźnicza 11, 62-590 Golina.
The Consumer may use the model withdrawal form set out in Annex 5, but this is not obligatory. To meet the deadline, it is sufficient to send the statement before the deadline expires. The Service Provider shall confirm receipt of the statement to the Consumer's e-mail address without undue delay.
Subscription. If the Consumer expressly requested that performance of the Services begin before the expiry of the withdrawal period and subsequently withdraws from the Agreement, the Consumer is obliged to pay for the performance rendered up to the moment of withdrawal. That amount is calculated in proportion to the extent of the performance rendered — as the ratio of the number of Plan Credits used to the Monthly Allowance. If the Consumer did not request that performance begin before the expiry of the withdrawal period, the Consumer bears no costs.
Credit Pack. If the Consumer expressly requested that the Pack Credits be made available before the expiry of the withdrawal period and subsequently withdraws from the Agreement concerning the Credit Pack, the Consumer pays an amount proportionate to the number of Pack Credits used up to the moment of withdrawal. The Service Provider refunds the price of the remaining Pack Credits, and those Credits expire. If the Consumer has not used any Pack Credit, the Consumer receives a refund of the full price.
Logo Unlock. A Consumer may withdraw from the Agreement concerning a Logo Unlock within the period referred to in para. 2. The Consumer then receives a refund of the full price, and the Logo Unlock is deactivated. Visualizations previously generated with the User Logo remain unchanged.
The Service Provider shall send the Consumer, to the Consumer's e-mail address, confirmation of the conclusion of the Agreement without undue delay after its conclusion, and at the latest before performance begins. The confirmation includes the content of the requests referred to in paras. 4 and 5.
The Service Provider shall refund payments to the Consumer without undue delay, and in any event no later than 14 days after receiving the statement of withdrawal, using the same means of payment as the Consumer used, unless the Consumer has agreed to a different method of refund that involves no costs for the Consumer. The amounts referred to in paras. 4 and 5 are deducted from the amount refunded.
After withdrawal from the Agreement, the Service Provider may block the Consumer's access to the Services covered by the withdrawal and shall refrain from using User Materials, save for the exceptions provided for by law. At the Consumer's request, the Service Provider shall make the User Materials and Visualizations available to the Consumer free of charge, in a commonly used and machine-readable format, within 14 days. Withdrawal from an Agreement concerning a Subscription, a Credit Pack or a Logo Unlock does not terminate the Account Agreement unless the Consumer so requests.
§ 10. Licence and intellectual property
All rights to the Application, including its code, interface, the Film Library, graphics, trade marks, the Cardet Studio Watermark, know-how, instructions for models, and AI models and algorithms, belong to the Service Provider or its licensors. The Film Library constitutes a database protected under the Act of 27 July 2001 on the protection of databases. These Terms do not transfer those rights to the User.
Upon conclusion of the Agreement, the Service Provider grants the User a non-exclusive, non-transferable licence to use the Application in accordance with its intended purpose and these Terms, for the term of the Agreement, without the right to grant sublicences. Use of the Account by Authorised Persons takes place under the licence granted to the Business.
The User retains all rights it holds to the User Materials. These Terms do not transfer those rights to the Service Provider and do not extend the scope of the rights held by the User. To the extent that the User holds rights to the User Materials (or the right to grant further licences), the User grants the Service Provider a free-of-charge, non-exclusive licence, without territorial limitation, for the term of the Agreement and for the period necessary to delete the data in accordance with § 11 and § 16, in the following fields of exploitation: recording and reproduction by any technique, including digital technique; entry into computer memory and networks; storage; processing by artificial intelligence systems; application of the User Logo to Visualizations; display to the User and to persons authorised by the User. The licence includes consent to the making of adaptations of the User Materials, including changing the colour and finish of the vehicle, and to the use of such adaptations — solely for the purpose of providing the Services. The Service Provider may grant sublicences within the same scope to the entities indicated in the Privacy Policy as processors, solely for the purpose of providing the Services.
The Service Provider claims no rights to Visualizations. To the extent that the Service Provider holds any rights to Visualizations (excluding the Cardet Studio Watermark, which may be used only as an element of the Visualization to which it was applied), it grants the User, upon their generation, a free-of-charge, non-exclusive, irrevocable licence, without time or territorial limitation, in the following fields of exploitation: recording and reproduction by any technique, including printing and digital techniques; placing on the market, lending and rental of copies; entry into computer memory and networks; public performance, exhibition, display and making available to the public in such a way that anyone may access them at a place and time of their own choosing, including on the Internet and in social media; use in offers, presentations and advertising. The Service Provider also consents to the exercise of derivative copyright in adaptations of Visualizations. The licence includes the right to grant further licences (sublicences) within the same scope:
- by a Business — to the client whose vehicle is shown in the Visualization, in particular for the purpose of its publication;
- by a Consumer — to persons to whom the Consumer makes the Visualization available for private purposes or in connection with wrapping the vehicle, in particular to the contractor carrying out the wrap.
Use of Visualizations by the User and its licensees is subject to the restrictions in § 6(2)(8)–(9) and § 7(9), of which the Business shall inform the client when granting a sublicence. The licence does not expire upon termination of the Agreement.
The Service Provider does not guarantee that Visualizations are protected by copyright or that the User holds exclusive rights to them; other users may obtain similar results. The rights of third parties to elements captured in User Materials, in particular to photographs and to vehicle manufacturers' trade marks, remain unaffected.
Samples (swatches), names, codes and parameters from the Film Library may be used solely within the Application and as an element of a Visualization. They may not be exported or downloaded separately from a Visualization. Custom Colours created by the User — together with the reference images uploaded by the User and the samples (swatches) generated from them — constitute User Materials and may be exported, including on their own, without Visualizations (Annex 3).
The User represents that it holds the rights and consents necessary to upload the User Materials and to use the Visualizations created from them. The liability of a Business towards the Service Provider in this respect is governed by § 7(10)–(13).
The Service Provider may use suggestions, feedback and survey responses provided by the User free of charge and without restriction, in particular to develop the Application. This does not apply to User Materials.
The Service Provider may present the name, logo, testimonials and completed projects of a Business — including in a recommended studios section or in a case study — on the cardetstudio.com website and in Promotional Materials only on the basis of the separate consent of the Business, and the content of a case study only after its approval by the Business. Consent may be withdrawn at any time with effect for the future. The Service Provider shall then remove such content from its websites within 14 days.
§ 11. User Materials, retention and deletion of data
- The Service Provider processes User Materials solely for the purpose of providing the Services, settling payments for them, ensuring security and complying with legal obligations.
- The Service Provider does not use User Materials or Visualizations to train, fine-tune or improve artificial intelligence models and does not make them available for that purpose. The Service Provider uses AI model providers only on terms that exclude the use of the transmitted data to train models (in particular in the paid versions of their services). Only the vehicle photograph, the colour reference image and the prompt generated by the Application are transmitted to model providers — without the e-mail address, the Account name or the client name. Any change to this rule requires the separate, voluntary consent of the User and may not be made by amending these Terms.
- A Visualization, the vehicle photograph from which it was created, and the client name and vehicle model assigned to it are available in the Account for the Retention Period applicable to the current Plan (Annex 1), counted from the date on which the Visualization was generated. In Plans with an unlimited Retention Period, those data are available for the term of the Agreement.
- In the Free Plan, Visualizations are not saved in the history. A Visualization may be downloaded only immediately after it has been generated, within 5 minutes. After that time, those data are subject to para. 5. The Application keeps copies of the last 3 Visualizations (together with the source photo) only in the browser storage on the User's device — outside the Service Provider's systems, which have no access to them. These copies are removed when the browser data is cleared, and saving a fourth Visualization removes the oldest one.
- Upon expiry of the Retention Period, the data referred to in para. 3 cease to be available in the Account and, upon expiry of the Deletion Period (30 days), are automatically and permanently deleted from production systems, and from backups within a further 30 days. During the Deletion Period:
- the data become available again if the User switches to a Plan whose Retention Period covers them;
- the User may request that they be released under the procedure in § 16(5) — in which case deletion is suspended in accordance with § 16(6);
- the submission of a Switching Request suspends their deletion in accordance with § 16(6).
- If the Retention Period is shortened — as a result of a change to a lower Plan, the end of a Subscription after renewal has been switched off, or the expiry of a Subscription due to non-payment — data that do not fall within the new Retention Period cease to be available at the moment of the Plan change, and the Deletion Period runs from that moment. The Service Provider shall warn of this effect before the Plan change is confirmed or renewal is switched off and, in the case of non-payment, in the message about the failed payment, so that the User can download the data or submit a request under § 16(5) in advance.
- Photographs and reference images uploaded to the Application from which no Visualization was generated (in particular where a generation request failed or was rejected) are deleted without undue delay, and in any event no later than within 7 days. A reference image uploaded for one-time use in generation is deleted after the Visualization has been generated.
- The User may at any time delete individual Visualizations (together with the source photograph) and Custom Colours from its Account. Deleted data are removed from production systems without undue delay, and in any event no later than within 7 days, and from backups within 30 days, in their overwrite cycle.
- Notwithstanding paras. 3–6, the Service Provider may keep a log of operations on the Account (date, type of operation, number of Credits, colour, finish, AI model used), without image files, client names or vehicle models, for the purpose of settling Credits and handling complaints — for the term of the Account Agreement and thereafter until the limitation period for claims expires, but no longer than 3 years after its termination.
- Deletion of data in accordance with these Terms is irreversible. The Service Provider is unable to recover deleted data, and deletion of data in accordance with these Terms does not constitute non-performance or improper performance of the Agreement.
- The Application is not intended for archiving data. The User should download and keep, on its own, copies of the Visualizations and User Materials that are important to it before the Retention Period expires.
- A Free Plan Account that has not been logged into for 12 months may be deleted together with its data after the User has been notified at its e-mail address at least 30 days in advance. The notification constitutes notice of termination of the Account Agreement with effect from the date specified in it, to which § 16(3) applies. Logging in before that date constitutes revocation of the notice and prevents deletion of the Account. This provision does not apply to an Account holding unexpired Pack Credits or Promotional Credits, or to an Account for which a Logo Unlock has been purchased.
- The User undertakes to limit, in User Materials, personal data that are not necessary to generate a Visualization, in particular images of persons, registration plates, VIN numbers and data enabling a location to be determined. Where a person's image is captured, the User should have that person's consent. The Service Provider removes metadata, including location data, from uploaded photographs to the extent that the file format allows. The provision by the Service Provider of tools for automatically blurring data does not release the User from the obligation set out in the first sentence.
- The provisions of this section do not apply to data whose retention is required by law, in particular billing and accounting data, or to the data referred to in § 5(4).
- Suspension of data deletion under § 16(6) takes precedence over paras. 5, 6 and 12 and over § 8(13)(3).
§ 12. Personal data protection
- The Service Provider is the controller of Users' personal data — with respect to maintaining the Account, billing, contact, abuse prevention and marketing conducted on the basis of consent. It is also the controller with respect to User Materials uploaded by Consumers. The rules for processing data are described in the Privacy Policy available at cardetstudio.com/app/legal/privacy.
- To the extent that a Business's User Materials contain personal data of third parties, in particular the Business's clients, the Business remains the controller of that data and the Service Provider processes it as a processor. The terms on which processing is entrusted are set out in the Data Processing Agreement constituting Annex 2, which is concluded upon acceptance of these Terms by the Business and meets the requirements of Art. 28(3) GDPR.
- The Service Provider uses processors (sub-processors) and transfers data to recipients acting as independent controllers. The current list of these entities, together with their role, the scope of data and the place of processing, is contained in the Privacy Policy. In particular:
- the Payment Operator processes data as an independent controller with respect to executing payment transactions, preventing fraud and fulfilling legal obligations, including obligations relating to the prevention of money laundering, and as a processor with respect to managing Subscriptions, issuing invoices and calculating taxes on behalf of the Service Provider;
- Google and Discord, where the User logs in through them, process data as independent controllers on the basis of the agreement between them and the User.
- The Service Provider shall inform Businesses of an intended addition or change of a sub-processor at least 14 days in advance, in accordance with point 6 of Annex 2. Within that period, the Business may raise a reasoned objection and, if the parties do not reach agreement, terminate the Agreement.
- Where data are transferred outside the European Economic Area, the Service Provider ensures the safeguards provided for in Chapter V GDPR, in particular an adequacy decision (including the EU-U.S. Data Privacy Framework) or standard contractual clauses.
- The Service Provider shall notify the Business of a personal data breach concerning data processed on behalf of the Business without undue delay, and in any event no later than 48 hours after becoming aware of it.
- Information on the jurisdiction of the ICT infrastructure used to provide the Services and on the measures protecting against unauthorised access to data by authorities of third countries (Art. 28 of the Data Act) is contained in Annex 3, which is published and updated on the web page of these Terms.
- Users have the rights under the GDPR, including the right of access, rectification, erasure, restriction of processing, data portability and objection, and the right to lodge a complaint with the President of the Personal Data Protection Office.
- The Service Provider sends commercial information by electronic means only with the User's separate consent, given in accordance with the Act of 12 July 2024 – Electronic Communications Law. Consent is not a condition of concluding the Agreement and may be withdrawn at any time. Messages relating to the performance of the Agreement, including billing, security, the expiry of Credits and amendments to these Terms, do not constitute commercial information.
§ 13. Availability of the Service and technical breaks
- The Service Provider exercises due diligence to ensure that the Application is continuously available. The Service Provider does not guarantee any specific level of availability, unless an individual agreement (§ 3(3)) provides otherwise.
- The Service Provider may carry out technical breaks necessary for the maintenance, updating or security of the Application. The Service Provider shall give notice of planned breaks that may significantly affect use of the Services, where possible at least 48 hours in advance, and shall schedule them so as to hinder use of the Application as little as possible.
- The Service Provider is liable for unavailability of the Services in accordance with general rules, including for the acts and omissions of entities it uses in providing the Services, in particular providers of infrastructure and AI models, as for its own (§ 21(1)), subject to § 14. Unavailability does not constitute non-performance or improper performance of the Agreement where it occurs:
- during technical breaks carried out in accordance with para. 2;
- as a result of force majeure (§ 20);
- for reasons attributable to the User, including the User's device or Internet service provider.
- The Service Provider does not guarantee the availability of any specific AI model. If a provider withdraws a model, § 3(5)–(6) applies.
- The Consumer's rights in respect of non-conformity of the Service with the Agreement, including with regard to its availability and continuity, remain unaffected.
§ 14. Liability
- The Service Provider provides the Services with due diligence and is liable for their conformity with the Agreement on the terms set out in the law and these Terms.
- In relations with Businesses, to the fullest extent permitted by law:
- the Service Provider's liability under or in connection with the Agreement is limited to actual loss, excluding lost profits and indirect and consequential losses;
- the Service Provider's aggregate liability is limited to the amount of fees paid by the Business in the 12 months preceding the event giving rise to the damage and, in the case of an Account for which no fees have been paid, to PLN 500 or its equivalent in the currency of the Account;
- the Service Provider is not liable for the loss of data deleted in accordance with § 11 or § 16, for the Business's failure to make its own copies of data, for the content of User Materials (including the User Logo) or for the consequences of the disclosure of the Account access credentials;
- liability under the statutory warranty for defects (Art. 558 § 1 of the Polish Civil Code) is excluded to the extent that it would apply.
- The limitations in para. 2 do not apply to Consumers and Consumer-like Sole Traders. In that case, the Service Provider's liability is governed by the provisions of the Consumer Rights Act, including Chapter 5b on contracts for the supply of digital content or digital services, and of the Polish Civil Code, subject to § 7(6).
- Nothing in these Terms excludes or limits the Service Provider's liability for damage caused intentionally or through gross negligence, for personal injury, or in other cases in which exclusion or limitation of liability is not permitted under mandatory provisions of law.
- Discrepancies between a Visualization and reality described in § 7(2)–(4) and accepted in accordance with § 7(6) are a characteristic of the Service and do not constitute non-performance or improper performance of the Agreement. In relations with Businesses, the Service Provider is not liable for decisions of the Business or its clients made on the basis of Visualizations, in particular regarding the choice of film, the price or the scope of work. With respect to Consumers, the Service Provider is not liable for decisions made on the basis of the characteristics of Visualizations accepted in accordance with § 7(6).
§ 15. Complaints
- Complaints concerning the Services, including Credit Packs and Logo Unlocks, may be submitted to [email protected] or via the support ticket form in the Application.
- A complaint should contain at least details identifying the User and the Account and a description of the irregularity and, where possible, also the date on which it occurred, the identifier of the Visualization concerned and the expected manner of resolving the complaint.
- The Service Provider shall deal with a Consumer's complaint within 14 days of receiving it; failure to respond within that period means that the complaint is deemed accepted. The Service Provider shall deal with a Business's complaint within 30 days.
- The Service Provider sends its response to a complaint to the User's e-mail address or on another durable medium. If a Consumer's complaint is not upheld, the response contains the information referred to in § 19(3).
- In the event of non-conformity of the Service with the Agreement, the Consumer has the rights set out in Chapter 5b of the Consumer Rights Act, in particular the right to demand that the Service be brought into conformity with the Agreement and, in the cases provided for in that Act, to a price reduction or to withdraw from the Agreement.
- Neither the discrepancies described in § 7(2)–(4) and accepted in accordance with § 7(6), nor a purely subjective assessment of the aesthetics of a Visualization, constitutes non-conformity of the Service with the Agreement. This does not limit the right to submit a complaint. Credits for a failed generation are returned automatically in accordance with § 8(9), and in other justified cases the Service Provider may return Credits as a result of dealing with a complaint.
§ 16. Term, termination of the Agreement, data export and data porting
The Account Agreement is concluded for an indefinite period. The Agreement concerning a Subscription remains in force for successive Billing Periods and renews in accordance with § 8(11). The Agreement concerning a Credit Pack expires upon the use or expiry of the Pack Credits, and the Agreement concerning a Logo Unlock upon the expiry of the entitlement (§ 8a(4)).
The User may terminate the Account Agreement at any time:
- by deleting the Account in the dashboard (para. 7) — with immediate effect;
- by submitting a Switching Request (para. 4) — with the effect specified in that provision;
- by submitting a notice of termination to the address indicated in § 1(4)(1) or via the support ticket form in the Application — with effect from the end of the current Billing Period (or, if the User has no Subscription, from the moment the notice is submitted) or from the date referred to in § 3(6) or § 18(3). Until the date of termination, and for 30 days thereafter, the User may download Exportable Data or submit the request referred to in para. 5.
Termination of the Agreement does not discharge the obligation to pay for Services performed up to the date of termination.
The Service Provider may:
- terminate the Account Agreement by giving 30 days' notice only for the following valid reasons: (a) permanent cessation of the provision of the Services; (b) a change in the law, or the issue of a judgment or decision of an authority, that makes the provision of the Services impossible; (c) loss of access to AI models necessary to provide the Services, if they cannot be replaced by models with similar parameters; (d) failure to log into a Free Plan Account for 12 months (§ 11(12));
- terminate the Agreement with immediate effect in the event of gross or persistent breach of these Terms following an ineffective demand to cease the breaches (where such a demand is possible), use of the Application contrary to law, in the case specified in § 5(8), or a successful dispute of a payment with the issuer of the payment instrument (chargeback) without justified reason.
The Service Provider shall provide a statement of reasons in accordance with § 17(5). In the cases referred to in point 1(a)–(c), § 8(12) applies. Where the Service Provider terminates the Agreement, whether with notice or with immediate effect, the User retains, for 30 days from delivery of the termination statement, access to view and download Exportable Data (without the ability to generate) and, if within that period the User submits a Switching Request or an export request, until the end of the retrieval period (para. 4(6)) or of the archive availability period (para. 5). Until then, Exportable Data are not deleted, except for data whose further storage is prohibited by law, in particular illegal content.
Switching providers and data export in connection with termination of the Agreement (Articles 23–26 of the Data Act):
- the User may at any time submit a Switching Request — to [email protected] or via the support ticket form in the Application — indicating whether it requests: (a) the porting of Exportable Data to another provider, (b) their export to the User's own infrastructure, or (c) their deletion;
- the notice period begins upon submission of the Switching Request and ends on the date indicated by the User, which may be no later than 2 months thereafter. If no date is indicated, it ends on the date on which the Switching Request is submitted;
- upon expiry of the notice period, a transitional period of 30 days begins. During that time, the Agreement remains in force and the Service Provider: maintains access to the Account at least to the extent of viewing and downloading Exportable Data; makes Exportable Data available in the formats specified in Annex 3 no later than 14 days after the start of the transitional period; provides reasonable assistance to the User and to third parties designated by the User; ensures the continuity of the functions covered by the Agreement; informs of known risks to continuity; and maintains a high level of data security. During that time, paid features are available to the extent of the paid Subscription. Upon submission of the Switching Request, automatic renewal of the Subscription is switched off, unless the User decides otherwise; after the Subscription ends, the User retains free-of-charge access to view and download Exportable Data until the end of the retrieval period;
- if observing the transitional period is technically unfeasible, the Service Provider shall, within 14 working days of submission of the Switching Request, notify the User of this, give reasons and indicate an alternative transitional period not exceeding 7 months. The User may extend the transitional period once, by a period that the User considers appropriate for its needs;
- the Agreement terminates, and the Service Provider informs the User of this: in the cases under point 1(a) and (b) — upon successful completion of the porting; the porting is deemed completed if the User does not raise any objections within 7 days of the Exportable Data being made available to the User. If the porting fails for reasons attributable to the Service Provider, the transitional period is extended until the porting is completed. In the case under point 1(c), the Agreement terminates upon expiry of the notice period;
- upon expiry of the transitional period, the User may download Exportable Data during a retrieval period of at least 30 days. Upon its expiry — or upon expiry of a longer period agreed by the parties — Exportable Data are fully and irreversibly deleted from production systems, and from backups within a further 30 days. The Service Provider shall confirm the deletion to the User's e-mail address;
- the export, porting and deletion of data are free of charge. The Service Provider does not charge switching fees or early termination fees;
- the categories of Exportable Data, the data excluded from export, the formats and the procedure are set out in Annex 3.
Export without termination of the Agreement. Notwithstanding para. 4, the User may at any time during the term of the Agreement request an export of Exportable Data. The Service Provider shall make them available within 14 days of the request, in the form of an archive available for download for a period of at least 30 days. Individual Visualizations may be downloaded directly in the Account during the Retention Period.
Precedence — suspension of deletion. From the submission of a Switching Request or an export request until the expiry of the retrieval period (para. 4(6)) or of the archive availability period (para. 5), the Service Provider shall not automatically delete Exportable Data existing at the time the Switching Request or the export request was submitted, including data in the Deletion Period and, in the case of a Switching Request, also data created up to the end of the transitional period. During that time, § 8(13)(3) and § 11(5), (6) and (12) do not apply. The suspension does not apply to data that the User deletes itself or to data whose further storage is prohibited by law. A Switching Request covering only the deletion of data (para. 4(1)(c)) does not suspend their deletion.
Deletion of the Account at the User's request. Deletion of the Account is an operation separate from a Switching Request and constitutes a request for the deletion of data without undue delay:
- before deletion is confirmed, the Application informs the User of its consequences and enables the User to download data or submit an export request beforehand;
- upon confirmation, the Account Agreement terminates, and Visualizations, User Materials, Custom Colours, the User Logo and Account data are deleted from production systems without undue delay, and from backups within 30 days. Previously generated links to files may remain active for up to 12 hours;
- a User who deletes the Account without first exporting data waives the data retrieval period referred to in para. 4(6);
- an active Subscription ends upon deletion of the Account, and unused Credits and the Logo Unlock expire. In that case, the fee for the current Billing Period and the price of the Logo Unlock are not refundable, and a Consumer may recover the price of Pack Credits in accordance with the second sentence of § 8(12); the Application provides this information before confirmation. The User may instead switch off renewal and delete the Account after the end of the period, or use the procedure in para. 2(3). The second sentence of this point does not apply where the User deletes the Account in exercise of a right under § 3(6), § 9, § 18(3) or § 21(4) — in that case, the Service Provider makes the refunds provided for in those provisions or in § 8(12)(1)–(3);
- the Service Provider retains only data whose retention is required by law (in particular billing documents), data necessary for the establishment, pursuit or defence of claims, for the limitation period, and the data referred to in § 5(4).
Summary of the effects of operations on data:
- switching off renewal of (cancelling) the Subscription — nothing changes until the end of the paid period; after it expires, the Account moves to the Free Plan, and data outside its Retention Period cease to be available and are deleted after 30 days (§ 11(6));
- change to a lower Plan — from the start of the next Billing Period, data outside the Retention Period of the new Plan cease to be available and are deleted after 30 days, and Custom Colours above the limit are subject to § 8(13)(3);
- expiry of the Subscription due to non-payment — effects as in point 1, counted from the date on which the Subscription expires (§ 8(16));
- change to a higher Plan — data in the Deletion Period that fall within the new Retention Period become available again (§ 11(5)(1));
- export request or Switching Request — automatic deletion is suspended until the end of the retrieval period (paras. 4–6);
- deletion of individual data by the User — the selected data are deleted without undue delay (§ 11(8));
- deletion of the Account — all data are deleted without undue delay, without a retrieval period (para. 7);
- termination of the Agreement by the Service Provider — data remain available for download for 30 days from delivery of the termination statement and, if a Switching Request or an export request is submitted within that time, until the end of the retrieval period (para. 3);
- withdrawal from the Agreement by a Consumer — § 9(9);
- no login to a Free Plan Account for 12 months — possible deletion after prior notice, subject to exceptions (§ 11(12)).
§ 17. Illegal content, moderation and appeals (DSA)
- Any person or entity may notify the Service Provider of content stored in the Application that it considers illegal or contrary to these Terms (a “Notice”), using the form in the Application or by e-mail to [email protected]. A Notice may also be submitted without having an Account.
- A Notice should contain:
- a sufficiently substantiated explanation of the reasons why the notifying party considers the content in question to be illegal;
- information enabling the content to be clearly identified, in particular the identifier of the Visualization or Account, if known, or a description of the content;
- the full name or business name and the e-mail address of the notifying party, except in the case of Notices concerning the offences referred to in Articles 3–7 of Directive 2011/93/EU;
- a statement confirming the notifying party's bona fide belief that the information and allegations contained in the Notice are accurate and complete.
- The Service Provider shall confirm receipt of a Notice without undue delay, if an e-mail address has been provided, and shall then process it in a timely, diligent, non-arbitrary and objective manner and inform the notifying party of its decision and of the available means of redress. The Service Provider processes Notices without using automated decision-making means and, if it begins to use them, will indicate this in the information about the decision.
- Content moderation in the Application comprises:
- automatic safety filters applied by AI model providers, which may refuse to generate a Visualization on the basis of the content of the photograph or prompt; in that case, Credits are returned in accordance with § 8(9);
- automated anti-abuse mechanisms at registration, described in § 5(4);
- review of Notices, complaints and appeals by the Service Provider's staff. The Service Provider does not proactively review User Materials.
- If the Service Provider restricts the visibility or availability of content, removes it, suspends or terminates the provision of the Services, or suspends or deletes an Account on the grounds of illegal content or content incompatible with these Terms, it shall provide the User, at the latest when the restriction is imposed, with a clear and specific statement of reasons including: the type and scope of the restriction and its duration; the facts and circumstances relied on in taking the decision, including information as to whether the decision was taken in response to a Notice; information on any use of automated means; a reference to the legal ground or to the provision of these Terms relied on; and information on the possibility of an appeal and of judicial redress. This obligation does not apply where providing a statement of reasons would be contrary to an order of an authority or to legal provisions.
- The User concerned by the decision and the notifying party may lodge an appeal, to the address indicated in para. 1, within 6 months of receiving information about the decision. The appeal is considered within 14 days by a person who did not take the original decision. If the appeal proves justified, the Service Provider shall lift the restriction without undue delay and, in the case of a paid Plan, at the User's choice, extend the Billing Period by the duration of the unjustified restriction or refund a proportionate part of the fee.
- If the Service Provider becomes aware of content indicating the commission of a criminal offence that poses a threat to the life or safety of persons, it shall promptly inform the competent law enforcement authorities (Art. 18 of the DSA).
- The Service Provider may decline to process Notices or appeals submitted by a person who frequently submits manifestly unfounded Notices or appeals, after a prior warning and for a specified period.
§ 18. Amendments to the Terms
- The Service Provider may amend these Terms for valid reasons, namely:
- a change in the law or the issue of a judgment, decision or guidelines of an authority affecting the provision of the Services;
- a change in the scope, type or manner of provision of the Services, including the introduction of new features or Plans or the withdrawal of features, subject to § 3(5)–(6);
- a change of providers, or of the terms applied by providers, whose services are necessary to provide the Services, including providers of AI models and infrastructure and the Payment Operator;
- the need to prevent abuse or to ensure the security of the Application and Users;
- a change in the Service Provider's details or contact details;
- the need to remove ambiguities, clerical errors or mistakes.
- The Service Provider shall inform Users of an amendment to these Terms at the e-mail address assigned to the Account and in the Application at least 30 days before the date on which it enters into force, sending the content of the amendments and the consolidated text of the Terms. A shorter period is permissible if the amendment results from a legal obligation that does not allow the 30-day period to be observed, or if the amendment is necessary to counter an unforeseen and imminent threat to the security of the Application or Users.
- A User who does not accept the amendments may terminate the Agreement without incurring any costs until the date on which they enter into force. In that case, § 8(12)(1)–(3) applies accordingly. Failure to terminate the Agreement by the date on which the amendments enter into force means that they are accepted; the Service Provider may additionally ask for confirmation of acceptance at the next login.
- Amendments to these Terms do not affect rights acquired before their entry into force; in particular, they do not apply to a paid Billing Period, purchased Credit Packs, a purchased Logo Unlock or discounts granted before the date on which the amendments enter into force.
- The rule referred to in § 11(2) (prohibition on training models on Users' data) may not be changed by amending these Terms.
- Prices are changed in accordance with § 8(14), and the Service is modified with respect to Consumers in accordance with § 3(6).
§ 19. Out-of-court dispute resolution (Consumers)
- A Consumer may use out-of-court methods of handling complaints and pursuing claims, in particular:
- apply to the permanent consumer arbitration court operating at the Provincial Inspector of Trade Inspection for resolution of the dispute;
- apply to the Provincial Inspector of Trade Inspection for the initiation of mediation proceedings;
- obtain free assistance from a municipal or district consumer ombudsman or from a social organisation whose statutory tasks include consumer protection;
- in the case of a cross-border dispute — obtain assistance from the European Consumer Centre in the country of residence.
- Detailed information on these procedures is available at prawakonsumenta.uokik.gov.pl and at the offices and on the websites of the institutions indicated.
- The Service Provider does not consent to participate in out-of-court consumer dispute resolution proceedings. The Service Provider repeats this information in its response to a complaint if it has not upheld the complaint (Art. 32 of the Act of 23 September 2016 on out-of-court resolution of consumer disputes).
- Use of out-of-court dispute resolution methods is voluntary and does not exclude the right to pursue claims before a court.
§ 20. Force majeure
- Neither party is liable for non-performance or improper performance of the Agreement to the extent that it results from force majeure, i.e. an external, extraordinary event which the party could not foresee and could not prevent despite exercising due diligence, in particular a natural disaster, acts of war, acts of terrorism, a widespread failure of the power or telecommunications network, a widespread attack on Internet infrastructure and decisions of public authorities.
- A failure, interruption or non-performance of an obligation by an entity that the Service Provider uses in providing the Services does not constitute force majeure, unless that circumstance was itself caused by force majeure within the meaning of para. 1.
- A party affected by force majeure shall promptly inform the other party of it and take reasonable steps to mitigate its effects. If force majeure prevents the provision of the Services for more than 30 days, either party may terminate the Agreement with immediate effect; § 8(12) applies accordingly.
§ 21. Final provisions
The Service Provider may entrust the performance of part of the Services to subcontractors, in particular providers of infrastructure, AI models, e-mail and payment processing. The Service Provider is liable for the acts and omissions of subcontractors as for its own (Art. 474 of the Polish Civil Code), within the limits set out in § 14 and, with respect to Consumers, in accordance with general rules. § 13(3) and § 20(2) apply accordingly.
The Agreement is governed by Polish law. The choice of law does not deprive a Consumer of the protection afforded to the Consumer by provisions that cannot be derogated from by agreement under the law of the country in which the Consumer has their habitual residence (Art. 6(2) of the Rome I Regulation).
Disputes with Businesses shall be resolved by the court having jurisdiction for the place where the Service Provider carries on its business. Disputes with Consumers shall be resolved by the courts having jurisdiction in accordance with the law, including Regulation (EU) No 1215/2012.
A Business may not transfer rights or obligations under the Agreement to a third party without the Service Provider's consent. The Service Provider may transfer the Agreement concluded with a Business to an acquirer of the enterprise or of an organised part of it that includes the Application, informing the Business at least 30 days in advance; within that period, the Business may terminate the Agreement in accordance with § 18(3). Transfer of an Agreement concluded with a Consumer requires the Consumer's consent, except in the case of universal succession.
These Terms have been drawn up in Polish and English language versions. In the event of discrepancies, the Polish version prevails, provided that any doubts as to the content of the standard contract terms with respect to a Consumer are interpreted in the Consumer's favour (Art. 385 § 2 of the Polish Civil Code).
If any provision of these Terms proves to be invalid or ineffective, the remaining provisions remain in force. In place of such a provision, the relevant provisions of law apply and, in relations with Businesses, the provision closest to the economic purpose of the invalid or ineffective provision.
The following annexes form an integral part of these Terms:
- Annex 1 — Specification of Plans, Credits and the Logo Unlock;
- Annex 2 — Data Processing Agreement (applies to Businesses);
- Annex 3 — Switching and data porting (Data Act);
- Annex 4 — Information on the right of withdrawal from the agreement (applies to Consumers);
- Annex 5 — Model withdrawal form (applies to Consumers).
The list of processors and data recipients is contained in the Privacy Policy.
These Terms enter into force on 14 October 2026. § 18 applies to Agreements concluded before that date.
Annexes
Annex 1 — Specification of Plans, Credits and the Logo Unlock
As at 14 October 2026. Prices are given for information purposes only — the prices stated in the Price List and in the order form are binding (§ 8(2)).
1. Plan parameters
| Parameter | Free | 1 Gear | 3 Gear | 6 Gear | Nitro |
|---|---|---|---|---|---|
| Price per month (PLN / EUR / USD) | 0 | 59 / 19 / 15 | 149 / 49 / 42 | 299 / 89 / 82 | individual agreement |
| Plan Credits (Monthly Allowance) | — (10 Starter Credits on a one-off basis, § 8(4)) | 150 / month | 450 / month | 1100 / month | no fixed limit (§ 8(15)) |
| Retention Period | 0 days — download only within 5 minutes of generation; the last 3 Visualizations are kept only locally in the User's browser (§ 11(4)) | 30 days | 60 days | 730 days (2 years) | for the duration of the Agreement |
| Custom Colours (limit) | 0 | 3 | 10 | 500 | no limit |
| Colour change | ✓ | ✓ | ✓ | ✓ | ✓ |
| Finishes (matt, satin, gloss, etc.) | — | ✓ | ✓ | ✓ | ✓ |
| Carbon elements | — | — | ✓ | ✓ | ✓ |
| Watermark | mandatory | mandatory | none | none | none |
| User Logo as the Watermark | after the Logo Unlock — instead of the Cardet Studio mark | after the Logo Unlock — instead of the Cardet Studio mark | after the Logo Unlock — optional | included in the price — optional | included in the price — optional |
The Billing Period is one month (§ 2(12)).
2. Cost of operations in Credits
| Operation | Credits |
|---|---|
| Generation of a Visualization — “Flash” model | 6 |
| Generation of a Visualization — “Pro” model | 10 |
The current cost of an operation is shown in the Application before the operation is ordered (§ 8(8)). A failed generation is not charged (§ 8(9)).
3. Credit Packs
| Pack | Price (PLN / EUR / USD) | Validity |
|---|---|---|
| 100 Credits | 63 / 15 / 16 | 12 months from purchase |
| 500 Credits | 210 / 50 / 53 | 12 months from purchase |
Credit Packs may be purchased under any Plan, including the Free Plan.
4. Logo Unlock
| Price (PLN / EUR / USD) | Available under Plans | Duration |
|---|---|---|
| 10.00 / 2.49 / 2.99 — one-off | Free, 1 Gear, 3 Gear | for the duration of the Account Agreement (§ 8a(4)) |
5. Technical limits
- Photographs: JPG, PNG, WebP and HEIC/HEIF, up to 10 MB (§ 4(1)(4)).
- User Logo: up to 2 MB (§ 8a(5)).
- Up to 5 generations processed simultaneously per Account (§ 8(15)).
6. Territorial availability
The Services are available to Users from the countries listed in the billing profile form, subject to the exclusions set out in § 5(8). The Services are not available in: Afghanistan, Belarus, China, Iran, North Korea, Cuba, Myanmar, Russia and Syria, or in the territories referred to in § 5(8)(1).
Annex 2 — Data Processing Agreement
concluded between the Business as controller (hereinafter the “Controller”) and the Service Provider as processor (hereinafter the “Processor”) upon acceptance of the Terms by the Business, pursuant to Art. 28 GDPR (hereinafter the “Data Processing Agreement” or “DPA”).
1. Subject matter and duration
- The Controller entrusts the Processor with the processing of the personal data contained in the Business's User Materials to the extent and for the purpose specified in the DPA.
- The DPA remains in force for the term of the Agreement and thereafter until the data are deleted or returned in accordance with section 9.
2. Nature, purpose and scope of processing
- Nature of processing: storage, recording, processing by artificial intelligence systems in order to generate Visualizations, display to the Controller and to persons authorised by it, export, erasure.
- Purpose of processing: solely the provision of the Services to the Controller in accordance with the Terms.
- Type of data: images of persons incidentally captured in photographs of vehicles; registration numbers and other vehicle markings visible in the photographs; first names and surnames or business names of the Controller's clients entered in the Application; other data which the Controller itself enters into the Application (including photograph metadata, unless removed).
- Categories of data subjects: the Controller's clients and prospective clients, persons captured in photographs of vehicles, the Controller's employees and associates using the Account.
- The DPA does not cover special categories of personal data (Art. 9 GDPR) or personal data relating to criminal convictions (Art. 10 GDPR). The Controller undertakes not to enter such data.
3. Controller's instructions
- The Processor shall process the data only on documented instructions from the Controller, including with regard to transfers of data to a third country, unless required to do so by Union or Member State law; in such a case, the Processor shall inform the Controller of that legal requirement before processing begins, unless the law prohibits such information.
- The Terms, the DPA and the actions performed by the Controller in the Application (in particular uploading a photograph, ordering the generation of a Visualization, entering client data, deleting data, ordering an export) constitute documented instructions.
- The Processor shall immediately inform the Controller if, in its opinion, an instruction given to it infringes the GDPR or other data protection provisions.
- The Processor shall not use the entrusted data for its own purposes, in particular for training, fine-tuning or improving artificial intelligence models.
4. Confidentiality
The Processor shall allow only authorised persons who have committed themselves to confidentiality or are subject to a statutory obligation of confidentiality to process the data.
5. Security
- The Processor shall apply the technical and organisational measures referred to in Art. 32 GDPR, including at least: encryption of data in transit (TLS); encryption of data at rest on the side of the infrastructure providers; access control based on the principle of least privilege and multi-factor authentication for personnel; logical separation of the data of individual Accounts; access to files only via time-limited signed links; logging of security events; database backups; regular software updates.
- The Processor may change the security measures, provided that this does not reduce the overall level of protection.
6. Sub-processors
- The Controller grants the Processor a general authorisation to engage sub-processors. The current list of sub-processors is set out in the Privacy Policy. The Processor keeps a history of changes to the list and makes it available to the Controller on request.
- The Processor shall inform the Controller, at the e-mail address of the Account, of any intended addition or replacement of a sub-processor at least 14 days in advance. The Controller may raise a reasoned objection within that period. If the parties fail to reach an understanding, the Controller may terminate the Agreement with effect from the date on which the change is implemented; § 8(12) of the Terms applies accordingly.
- The Processor shall impose on each sub-processor, by way of a contract, data protection obligations no less stringent than those arising from the DPA, in particular the obligation to implement appropriate technical and organisational measures.
- The Processor shall be liable to the Controller for the performance of a sub-processor's obligations as for its own acts.
7. Transfers of data to third countries
Data shall be transferred outside the European Economic Area only using the mechanisms provided for in Chapter V GDPR, in particular an adequacy decision (including the EU-U.S. Data Privacy Framework) or standard contractual clauses adopted by the European Commission.
8. Assistance to the Controller
- Taking into account the nature of the processing, the Processor shall assist the Controller in fulfilling its obligation to respond to requests from data subjects (Chapter III GDPR), in particular by making data deletion and export functions available in the Application. The Processor shall forward requests addressed directly to it to the Controller without undue delay and shall not respond to them itself unless authorised to do so by the Controller.
- The Processor shall assist the Controller in fulfilling the obligations set out in Arts 32–36 GDPR, taking into account the nature of the processing and the information available to the Processor.
- The Processor shall notify the Controller of a personal data breach without undue delay and in any event no later than 48 hours after discovering it. The notification shall contain at least the information listed in Art. 33(3) GDPR, to the extent available; any missing information shall be provided without undue delay once obtained.
9. End of processing
- After the end of the provision of the Services, the Processor shall, at the choice of the Controller, delete the entrusted data or enable their export and then delete all existing copies thereof, within the time limits and in accordance with the rules set out in § 16(3)–(7) of the Terms, unless Union or Member State law requires their storage.
- The deletion of data during the term of the Agreement, including after the expiry of the Retention Period, takes place in accordance with § 11 of the Terms and constitutes a documented instruction of the Controller.
10. Information and audits
- The Processor shall make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in Art. 28 GDPR, primarily in the form of written explanations, descriptions of the measures applied, and certificates and reports of sub-processors.
- If the information referred to in paragraph 1 proves insufficient, the Controller may conduct an audit, including an inspection, itself or through an auditor bound by a duty of confidentiality, after giving the Processor at least 14 days' prior notice, no more than once a year, during business hours and in a manner that does not disrupt the Processor's business. The restrictions as to frequency and prior notice do not apply to an audit following a personal data breach or to an audit ordered by a supervisory authority. The costs of the audit shall be borne by the Controller.
11. Liability and final provisions
- The parties' liability under the DPA is governed by § 14 of the Terms, without prejudice to Art. 82 GDPR.
- In matters not regulated herein, the Terms and the GDPR apply. In the event of a conflict between the DPA and the Terms with regard to the protection of personal data, the DPA prevails.
- A Business using the Nitro Plan or another plan under an individual agreement may conclude a separate data processing agreement, which replaces this Annex.
Annex 3 — Switching and data porting (Data Act)
This Annex contains the information required by Art. 25(2)(e) and (f), Art. 26 and Art. 28 Data Act. The Service Provider also makes this information available before the Agreement is concluded.
1. Categories of Exportable Data
Exportable Data are input and output data, including metadata, generated by the User or in connection with the User's use of the Application, existing at the time of the request and, in the case of a Switching Request, also data created up to the end of the transitional period (made available in a supplementary archive):
- Visualizations — image files in the resolution in which they were generated, bearing the Watermark if one was applied at generation. This includes Visualizations within the Retention Period and within the Deletion Period;
- photographs of vehicles on the basis of which the Visualizations were created — in the form stored in the Application, i.e. after normalisation (rotation, removal of metadata, conversion to JPEG);
- Visualization metadata: date of generation, client name, vehicle model, colour and its manufacturer, finish, vehicle parts covered by the wrap, generation model used, number of Credits charged;
- Custom Colours: name, parameters (colour, finish, designations), reference image and sample (swatch). Custom Colours may also be exported on their own, without Visualizations;
- the User Logo and the Watermark settings (position, scale, transparency);
- Account and billing profile data, history of Subscriptions, purchases and Credit transactions (operations log, § 11(9));
- the content of requests and complaints submitted in the Application and the Service Provider's responses;
- invoices and payment confirmations — available for download in the Account dashboard.
2. Data excluded from export
Excluded from Exportable Data are data and resources that are protected by the Service Provider's intellectual property rights or constitute its trade secrets (Art. 25(2)(f) Data Act):
- the Film Library — samples (swatches), reference images, parameters and database structure. However, the export of Visualization metadata includes the colour name and code and the name of the film manufacturer, so that the User can reproduce the selection made;
- commands (prompts) and instructions for AI models, and the configuration of models and generation processes;
- the source code, interface and internal documentation of the Application;
- technical logs, security data and data used to prevent abuse;
- data of other Users.
These exclusions do not impede the porting of Exportable Data, because the Visualizations and their metadata contain the result of applying the excluded elements.
3. Formats and method of making data available
- Image files — in the format in which they were stored (JPEG, PNG or WebP).
- Metadata and Account data — JSON (UTF-8) and CSV, with a file describing the field structure.
- Everything — in a ZIP archive made available for download via a secure link valid for the data retrieval period.
- The Service Provider does not use closed formats and does not make export conditional on the use of any specific software.
- The description of data structures and data formats (Art. 26(b) Data Act) is contained in sections 1 and 3 of this Annex, which is published and updated on the web page of the Terms. A detailed description of the fields is attached to each archive.
4. Procedure and time limits
| Stage | Time limit | Legal basis |
|---|---|---|
| Submission of a Switching Request (porting, export to own infrastructure or erasure) | at any time | § 16(4)(1) |
| Notice period | from submission of the Switching Request until the date indicated by the User, max. 2 months (by default it ends on the date of submission of the Switching Request) | § 16(4)(2); Art. 25(2)(d) |
| Transitional period — the Agreement remains in force; export made available within 14 days | 30 days (exceptionally up to 7 months; a one-off extension by the User is possible) | § 16(4)(3)–(4); Art. 25(2)(a), (4)–(5) |
| Termination of the Agreement | after successful porting (deemed completed if the User raises no objections within 7 days of the data being made available); in the case of a request for erasure — at the end of the notice period | § 16(4)(5); Art. 25(2)(c) |
| Data retrieval period | at least 30 days from the end of the transitional period | § 16(4)(6); Art. 25(2)(g) |
| Full erasure of Exportable Data | after the retrieval period; from backups within a further 30 days | § 16(4)(6); Art. 25(2)(h) |
From the submission of the Switching Request until the end of the retrieval period, automatic deletion of data is suspended (§ 16(6)).
5. Information supporting an exit strategy
- The Application does not currently provide an application programming interface (API) for export. Export takes place in the form of the archive described in section 3.
- Known limitations: it is not possible to generate an identical Visualization with another provider, owing to the probabilistic nature of AI models. Data deleted in accordance with § 11 before the Switching Request is submitted are not subject to export.
- At the User's request, the Service Provider provides explanations concerning the data structure and cooperates with the new provider designated by the User.
6. Charges
The Service Provider does not charge any fees for switching, or for the export, porting or erasure of data, or any early termination fees (Art. 29 Data Act).
7. Jurisdiction of the infrastructure (Art. 28(1)(a) Data Act)
| Infrastructure component | Location | Entity and jurisdiction |
|---|---|---|
| Application server, files, server backups | Frankfurt (Germany, EU) | Amazon Web Services EMEA SARL (Luxembourg); its parent undertaking is subject to US law |
| Database and authentication | Ireland (EU) | Supabase, Inc. (USA) on AWS infrastructure |
| File delivery (CDN) | Europe, North America, Israel | Amazon Web Services (USA) |
| Generation of Visualizations | worldwide | Google LLC (USA); OpenRouter, Inc. (USA) |
| Ireland (EU) | Resend, Inc. (USA) | |
| Traffic proxying, protection, verification | worldwide | Cloudflare, Inc. (USA) |
| Payments | EU / USA | Stripe Payments Europe, Ltd. (Ireland); Stripe, Inc. (USA) |
8. Safeguards against access by third-country authorities (Art. 28(1)(b) and Art. 32 Data Act)
- Data are stored in regions within the territory of the European Union, and only a minimal set of data, without User identifiers, is transferred to AI model providers.
- Data are encrypted in transit (TLS) and at rest — on the side of the infrastructure providers.
- Only authorised personnel of the Service Provider have access to the data, on the basis of the principle of least privilege.
- The Service Provider uses providers whose contracts provide for: verification of the legitimacy of requests from public authorities and challenging such requests where they are unjustified; informing the customer of a request, unless prohibited by law; disclosure of only the minimum necessary scope of data.
- The Service Provider does not disclose data at the request of a third-country authority unless the request is based on an international agreement in force between that country and the European Union or the Republic of Poland, or meets the conditions of Art. 32(3) Data Act. The Service Provider informs the User of such a request before complying with it, unless this would conflict with the purpose of the request.
Annex 4 — Information on the right of withdrawal from the agreement (Consumer)
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us — Arkadiusz Białecki (Cardet Studio), ul. Rzeźnicza 11, 62-590 Golina, e-mail address: [email protected] — of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, an e-mail or a request submitted through the form in the Application). You may use the model withdrawal form set out in Annex 5, but it is not obligatory. If you use e-mail or the form in the Application, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you expressly requested to begin the performance of services (for a Credit Pack — that the Credits be made available) during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract:
- for a Subscription — calculated as the ratio of the number of Plan Credits used to the Monthly Allowance (§ 9(4) of the Terms);
- for a Credit Pack — calculated as the ratio of the number of Pack Credits used to the number of Credits in the Credit Pack (§ 9(5) of the Terms).
If you withdraw from the contract for the Logo Unlock, we shall refund the full price, and the Logo Unlock will be deactivated (§ 9(6) of the Terms).
Annex 5 — Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To: Arkadiusz Białecki (Cardet Studio), ul. Rzeźnicza 11, 62-590 Golina, e-mail address: [email protected]
— I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract for the provision of the following service(*): [Plan Subscription … / Credit Pack … / Logo Unlock]
— Date of conclusion of the contract(*):
— Name of consumer(s):
— E-mail address associated with the Account:
— Address of consumer(s):
— Signature of consumer(s) (only if this form is notified on paper):
— Date:
(*) Delete as appropriate.