Terms and Conditions of the SimplePod.ai Online Platform
Effective date: 15.06.2026
§ 1
General Provisions
1. The Platform is a tool through which the Service Provider, via the Internet, provides Clients
with an electronic service within the meaning of the Act of 18 July 2002 on the Provision of
Electronic Services (consolidated text: Journal of Laws of 2024, item 1513, as amended) and
electronic communication services within the meaning of the Act of 12 July 2024 – Electronic
Communications Law (Journal of Laws of 2024, item 1221, as amended), i.e. the performance
of a service rendered without the simultaneous presence of the parties (at a distance), by
means of data transmission at the individual request of the service recipient, sent and received
by means of electronic processing devices, including digital compression, and data storage,
which is entirely transmitted, received or relayed via a telecommunications network.
2. The Platform enables the Client to remotely lease virtual servers for computational purposes,
which the Client operates independently. The system updates automatically to provide
additional functionalities and to maintain full compatibility with any changes.
3. The Platform is operated in accordance with these Terms and Conditions and the legal
provisions applicable to the Platform and the Service Provider’s activities, in particular those
governing the provision of services via the Internet.
4. By registering on the Platform and/or creating an account, the Client confirms that they have
read these Terms and Conditions and agree to all of their provisions.
5. These Terms and Conditions set forth:
a) The scope of the Electronic Service referred to in these Terms and Conditions;
b) The conditions for the provision of the Electronic Service, including:
- the technical requirements necessary for interaction with the ICT system used by the
Service Provider;
- the prohibition on the delivery of unlawful content by Clients.
c) d) e) The conditions for the conclusion and termination of the Electronic Service agreement;
The complaint procedure relating to the Electronic Service;
The rules for the use of the Platform, including the rights and obligations of Clients and
the Service Provider arising from the use of the Platform;
f) The rules for the conclusion and performance of the Electronic Service agreement and
payments;g) h) The rules for refunds of fees paid by the Client;
The rules for sending notifications to the Client.
§ 2
Definitions and Contact Details
1. Capitalised terms used in these Terms and Conditions shall have the following meanings:
a) AI Act – Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13
June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence
Act);
b) Application Programming Interface (API) – an application programming interface made
available by the Service Provider, enabling the Client’s external software to communicate
with the Platform in an automated manner.
c) Computing Point (CP) – points used for payment for the Electronic Service; the conversion
rate is 1 USD to 1 Computing Point (1 CP);
d) Dashboard – A control panel available to the Client upon logging in at dash.simplepod.ai
through which the Client may modify configuration settings and monitor their leased
virtual servers;
e) Data Processing Agreement (DPA) – a data processing agreement referred to in Article
28(3) of the GDPR, concluded between the Client (as the Controller) and the Service
Provider (as the Processor), setting out the principles of security and protection of
personal data processed on virtual servers;
f) Digital Services Act (DSA) – Regulation (EU) 2022/2065 of the European Parliament and
of the Council of 19 October 2022 on a Single Market For Digital Services and amending
Directive 2000/31/EC (Digital Services Act) (OJ EU L 277, 27.10.2022, p. 1, as amended);
g) End User Statement (EUS) – an End User Statement; a declaration submitted by the Client
at the request of the Service Provider, confirming the identity of the ultimate recipient of
the services and warranting that the leased computational resources shall not be used for
purposes subject to international sanctions, military purposes or the development of
dual-use technologies.
h) Client – a natural person, legal entity or organisational unit without legal personality to
which the law grants legal capacity, using the functionalities of the Platform, in particular
placing an order for the Electronic Service; the Client may be either a Consumer or an
Entrepreneur;
i) Civil Code – Polish law – the Act of 23 April 1964 – Civil Code (consolidated text: Journal
of Laws of 2024, item 1061, as amended);
j) Consumer – a natural person entering into a legal transaction with the Service Provider
(including the conclusion of an Electronic Service agreement) not directly related to their
business or professional activity, in accordance with Article 22¹ of the Civil Code.
Provisions concerning Consumers shall apply mutatis mutandis to a natural person
concluding an agreement directly related to their business activity, where the content of
such agreement indicates that it does not have a professional character for that person
(so-called Entrepreneur with Consumer rights);k) National e-Invoicing System (KSeF) is an ICT system serving in particular for: transmission, receipt, access to and storage of structured invoices, and the granting or
The issuance,
receiving of authorisations to use the KSeF;
l) Platform – an ICT system operating at the internet domain address simplepod.ai, through
which the Service Provider provides the Electronic Service to Clients (including the
provision of computational resources of virtual servers) and enables account and payment
management;
m) Electronic Communications Law – the Act of 12 July 2024 – Electronic Communications
Law (Journal of Laws of 2024, item 1221, as amended);
n) Entrepreneur – a natural person, legal entity or organisational unit without legal
personality to which the law grants legal capacity, conducting business or professional
activity in its own name, entering into a legal transaction with the Service Provider
(including the conclusion of an Electronic Service agreement) directly related to its
business or professional activity;
o) Terms and Conditions – these terms and conditions governing the rules of operation of
the Platform, published at simplepod.ai/terms-and-conditions;
p) General Data Protection Regulation (GDPR) – Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (OJ EU L 119, 04.05.2016, p. 1, as amended);
q) Electronic Service – a paid service provided electronically by the Service Provider to the
Client, consisting in the provision of computational resources of a virtual server (including
in the form of a VPS or an isolated Docker environment). Commencement of the Electronic
Service requires an active account in the system and a positive balance of prepaid funds
(Computing Points). The Service is provided on a continuous basis until the funds in the
Client’s account are exhausted or until the Service is independently suspended (stopped)
or cancelled by the Client via the Dashboard;
r) Service Provider – SimplePod.ai spółka z ograniczoną odpowiedzialnością spółka
komandytowa, with its registered office in Jagatowo, ul. Dolina Krzemowa 6A, 83-010
Jagatowo, TIN: PL6040221578, REGON: 387827389; KRS: 0000876797
s) Act on the Provision of Electronic Services – Polish law – the Act of 18 July 2002 on the
Provision of Electronic Services (consolidated text: Journal of Laws of 2024, item 1513, as
amended)
t) Virtual Server – dedicated computational resources made available to the Client by the
Service Provider within the scope of the Electronic Service, operating in the form of a VPS
(Virtual Private Server) environment or an isolated Docker instance. The Virtual Server is
intended for computational purposes and is remotely launched, configured and managed
directly by the Client via the Dashboard.
2. The Service Provider’s details are as follows:
SimplePod.ai spółka z ograniczoną odpowiedzialnością spółka komandytowa, with its
registered office in Jagatowo, ul. Dolina Krzemowa 6A, 83-010 Jagatowo, REGON 387827389,
TIN PL6040221578, KRS 0000876797; e-mail: [email protected]. Through the information contained in these Terms and Conditions and the relevant
information available on the Platform, the Service Provider provides the information referred
to in paragraph 2 above and informs about:
a) The main characteristics of the service, taking into account the subject matter of the
service and the manner of communication with the Client;
b) c) d) e) f) The price of the Electronic Service;
The method and time limit for payment;
The method and time limit for the performance of the service by the Service Provider;
The complaint handling procedure applied by the Service Provider;
The existence and content of guarantees and after-sales services and the manner of their
performance;
g) The functionality of digital content and the technical measures for its protection;
h) The relevant interoperability of digital content with hardware and software that the
Service Provider is aware of or can reasonably be expected to be aware of;
i) The possibility of using out-of-court complaint and redress mechanisms and the rules of
access to such procedures;
j) The procedure for the conclusion of the agreement on the Platform.
§ 3
Procedure for the Conclusion of the Electronic Service Agreement on the Platform
1. The Platform serves for the conclusion of the Electronic Service agreement between the
Service Provider and the Client.
2. The procedure for the conclusion of the Electronic Service agreement via the Platform
comprises the steps described in paragraphs 3 and 4 and the procedure for payment and
provision of the Electronic Service described in § 4 of these Terms and Conditions.
3. In order to place an order for the Electronic Service and to make full use of the Platform, i.e.
to use all of its available functionalities, the following steps are required:
a) creating a profile on the website by registering the Client;
b) activating the account via the link contained in the sent e-mail message;
c) logging into the Account using a login and password;
d) making the relevant payment for Computing Points via the available payment gateways.
4. Each launch of a Virtual Server constitutes the conclusion of a separate agreement for the
provision of the Electronic Service. This agreement is concluded for an indefinite period and
remains in force until:
a) the deletion (removal) of the resource by the Client,
b) the failure to maintain sufficient funds for the next hour of operation of the Electronic
Service in the Client’s Account (prepaid model), which results in the automatic
termination of the agreement and the possibility of the resource being deleted by the
Service Provider. The Service Provider is entitled to immediately cease the provision of
the service, which may entail the irreversible deletion of the data stored on the Virtual
Server.5. Upon completion of the steps referred to in paragraph 3(a)–(d) above, the Client gains access
to the Dashboard, where they may lease servers:
a) The Client may select, configure and launch a virtual server in the form of a VPS
environment or an isolated Docker instance;
b) the access credentials necessary to establish a secure connection with the selected server
are provided to the Client directly from the Dashboard;
c) The Client bears sole responsibility for the regular backup of their own data stored and
processed on the server;
d) The Client bears full responsibility for independently stopping (suspending) or completely
deleting a running server. Performing this action in the Dashboard is the only way to cease
further accrual of charges (consumption of Computing Points) for the Electronic Service.
6. The Service Provider shall not be liable for any loss of data, computational failure or
interruption of the computational process resulting from a software error, a physical machine
failure or an interruption in Internet access.
§ 4
Payments
1. Settlements for the Electronic Service are carried out under a prepaid model by topping up
the Account balance with Computing Points. Transactions are processed by external payment
gateways integrated with the Platform, which enable the use of currently available payment
methods (including, inter alia, MasterCard and Visa payment cards, as well as systems such
as Apple Pay and Google Pay).
2. Computing Points do not constitute any payment instrument, do not represent an
independent property right, are non-transferable and non-inheritable, have no value outside
the Platform and are neither redeemable for cash nor refundable. The foregoing shall not
exclude the Consumer’s rights arising from mandatory provisions of law, including the right
of withdrawal from the agreement.
3. 4. 5. 6. 7. The Client represents that they are the authorised user of the card, PIN code, key or code
associated with the payment and authorises the Service Provider to process the payment
through the selected external entity in relation to Computing Points, hardware or other
charges incurred by the user.
The top-up amount is converted into Computing Points at a rate of 1 USD to 1 CP.
The Service Provider reserves the right to amend the cost of using the Electronic Service as
well as to modify the functionalities of the Electronic Service in the future. The provisions
concerning amendments to these Terms and Conditions, referred to in § 19(7) hereof, shall
apply to such changes.
In order to ensure continuity of the service, the Client is responsible for maintaining sufficient
funds in their account.
In the event that the Client initiates an unjustified card payment reversal (so-called
chargeback) or any other form of payment authorisation rejection after topping up the
Account, the Service Provider reserves the right to immediately suspend the Client’s Account1. 2. 3. 4. 5. 6. and block access to Virtual Servers. The Service Provider is entitled to reduce the Client’s
Account balance by the equivalent of the unjustifiably reversed funds. Furthermore, in
respect of Clients who are Entrepreneurs, the Service Provider is entitled to deduct from their
balance the documented handling fees imposed by the external payment gateway operator
in connection with the processing of the reversed payment.
§ 5
Prices and Taxes
The Client may select and configure a virtual server in the Dashboard in accordance with their
individual needs. Prices for individual elements of the Electronic Service are displayed on the
website prior to and during the provision of the service.
Prices quoted on the Platform are denominated in USD by default. At the order finalisation
stage, the integrated payment gateway operator presents the final amount payable
converted into the Client’s local currency (e.g. PLN, EUR, GBP) selected automatically on the
basis of the Client’s geolocation or card-issuing country, taking into account the current
exchange rate and any applicable currency conversion costs. Prior to confirming the
transaction, the Client may select the billing currency (e.g. local currency or USD), in
accordance with the options made available by the payment gateway at the given time.
a) b) c) d) e) f) The fee for using the Electronic Service is charged as follows:
the duration of use of the computational resources of the configured virtual server;
the reserved space on the local drive;
the reserved space on the network drive;
in the event of stopping the virtual server, charges are accrued for the leased disk space;
in the event of deleting the virtual server, the associated charges cease to accrue ( this
does not apply to the linked network drive);
in the event of a failure of the Service Provider’s infrastructure resulting in the automatic
accrual of charges for the Virtual Server, the collected funds shall be refunded at the
Client’s request or on the Service Provider’s own initiative. The refund shall be effected
by granting a bonus top-up of the Account balance with Computing Points in an amount
equivalent to the erroneously accrued charges.
Cessation of the use of the Platform (inactivity) or shutting down the server without deleting
it does not result in the cessation of accrual of charges.
In respect of Consumers domiciled in Poland or another European Union Member State and
Entrepreneurs with their registered office in Poland, the quoted prices are gross prices
(inclusive of VAT at the applicable rate).
In respect of Consumers domiciled outside Poland and the European Union, the quoted
prices are net prices. VAT, Sales Tax or another tax of a similar nature may be added to such
price in accordance with the legislation in force in the Consumer’s country of domicile. Such
tax is calculated and added automatically by the payment processing system at the order
finalisation stage. The Client shall be entitled to withdraw from further processing of the
order at this stage.7. 8. 1. 2. 3. 4. 5. 6. 7. 8. 9. In respect of Entrepreneurs with their registered office outside Poland (including in EU
countries holding a valid EU VAT number and in non-EU countries), the quoted prices are net
prices. In such case, the obligation to account for the applicable taxes rests with the Buyer
(reverse charge procedure).
A User who is an EU-based Entrepreneur is obliged to provide a correct and valid EU VAT
number. In the absence of a correct number, the transaction shall be treated as a sale to a
Consumer with the applicable VAT rate being charged.
§ 6
Invoices
a) b) The Client may obtain an invoice for services provided by the Service Provider. In order to
receive an invoice, the Client must fill in the invoicing details and select the invoice option
directly in the client panel at dash.simplepod.ai
The Service Provider informs that, in accordance with the applicable tax legislation, it issues
invoices for Entrepreneurs using the National e-Invoicing System (KSeF).
In connection with the issuance of invoices in the KSeF the Client’s personal data and – where
applicable – the data of persons acting on behalf of the Client, in particular first name,
surname, business name, address, TIN and transaction data, are transmitted to the KSeF to
the extent required by the provisions of law.
The legal basis for the processing of personal data for the purpose of issuing an invoice and
transmitting data to the KSeF is Article 6(1)(c) of the GDPR, i.e. compliance with a legal
obligation incumbent upon the Service Provider.
The Client acknowledges that the transmission of data to the KSeF occurs by operation of law
and is independent of the will of the parties, and the Service Provider may not waive this
method of documenting sales if the law imposes such an obligation upon the Service
Provider.
Detailed information regarding the rules for the processing of personal data, including in
connection with the issuance of invoices in the KSeF, is contained in the Privacy Policy
applicable at the Service Provider.
Invoices on the website dash.simplepod.ai:
For Entrepreneurs from Poland, these are preview invoices. For accounting purposes, the
invoice should be downloaded from the KSeF system.
For Entrepreneurs from outside Poland and all Consumers, the invoice constitutes an
accounting document.
Invoices for the purchase of Computing Points are issued within 14 days of the purchase and
may be downloaded by the Client on the website dash.simplepod.ai
The Client consents to receiving sales invoices by electronic means from the address
[email protected] to the e-mail address of the account user, subject to paragraph 7 of
this section.1. 2. 3. 4. 5. 6. 7. 1. 2. 3. § 7
Refunds
The Consumer shall have the right to withdraw from the agreement within 14 days of its
conclusion without stating any reason, subject to paragraph 2
The right of withdrawal shall not apply to the Consumer if the provision of the service
commenced with their express consent prior to the expiry of the withdrawal period and after
the Service Provider informed them of the loss of the right of withdrawal.
The commencement of the provision of the service shall be deemed to occur at the moment
of the first launch (activation) of the leased virtual server in the Dashboard by the Consumer.
In order to withdraw from the agreement and obtain a refund of the paid funds, the
Consumer should, within 14 days of making the payment (topping up the Account), send the
relevant statement to the Service Provider’s e-mail address: [email protected]. The
Consumer may use the model withdrawal form constituting Appendix No. 1 to these Terms
and Conditions for this purpose; however, this is not mandatory.
The refund shall be effected using the same payment method as that used by the Consumer.
In cases where the right of withdrawal does not apply (in accordance with paragraphs 1, 2
and 3 of this section) or in respect of Entrepreneurs, the Service Provider permits the
possibility of a voluntary refund of unused funds upon the Client’s express request. Each such
request shall be considered by the Service Provider within 14 days, and the decision on any
refund and its amount (after deduction of transaction and operational costs) shall be at the
Service Provider’s sole discretion and shall not constitute a basis for any legal claims by the
Client.
The fee shall be refunded within 14 (fourteen) days from the date of approval of the refund
by the Service Provider, via the same payment channel through which the Client topped up
the account.
§ 8
Obligations of Clients
All information provided by the Client on the Platform shall be truthful and consistent with
the actual factual and legal state of affairs.
The Client using the Electronic Service is prohibited from providing content of an unlawful
nature.
A Client using the Electronic Service for the purpose of training general-purpose artificial
intelligence models (GPAI) represents that they bear full responsibility for the fulfilment ofall regulatory obligations arising from the AI Act, including the proper classification of the
model, risk assessment and ensuring the transparency of data used for training.
4. The Client represents that:
a) they are not located in a country subject to a United States Government embargo or in a
country designated by the United States Government as supporting terrorism;
b) c) they do not appear on any sanctions list issued by Poland, the EU or the USA;
they do not act on behalf of any persons or entities designated on sanctions lists issued
by Poland, the EU or the USA.
5. The Service Provider reserves the right to require the Client to submit an End User Statement
(EUS). The Statement must be submitted in written or electronic form on a dedicated form
provided by the Service Provider and must be delivered together with all required annexes
indicated by the Service Provider. The submission of the Statement shall be required as part
of internal security procedures, routine Client verification, as well as in cases justified by the
provisions of law, in particular:
a) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021
setting up a Union regime for the control of exports, brokering, technical assistance,
transit and transfer of dual-use items;
b) EU Council regulations imposing restrictive measures (sanctions) against specific states,
persons or entities;
c) national legislation implementing the aforementioned regulations.
6. The Client undertakes to provide truthful information in the EUS regarding the identity of the
end user and the intended use of the Electronic Service.
7. Refusal to submit the EUS or the provision of false data shall entitle the Service Provider to
refuse to provide the Electronic Service or to block access thereto. In such case, unused
Computing Points shall be refunded subject to § 7.
8. The Client represents that the leased computational resources shall not be used for the
purposes specified in § 16.
§ 9
Security
1. 2. Upon registration and when logging into the Account, the Client should use a strong
password and enable two-factor authentication in order to secure their account.
The Service Provider shall not be liable for unauthorised access to the Client’s account on the
website dash.simplepod.ai nor for any communication and activity on the Platform where
the Client failed to use a strong password, failed to ensure its security, or where the Client’s
password was leaked to the Internet from other programs or internet portals. The Service
Provider shall not be liable for the use of the Client’s account and password by a person who
used such data without the user’s consent. The Service Provider shall not refund funds
consumed as a result of unauthorised access. If the Client believes that the confidentiality of
their login credentials or password may have been compromised, they must immediately
notify the administrator [email protected]. 4. 5. 6. 1. 2. 3. 4. 5. The Service Provider shall not be liable for the loss of data on the virtual server.
The Service Provider shall not be liable to the Client for the loss of data or incomplete
computations resulting from a server failure or insufficient Computing Point funds in the
Client’s account.
The Client is obliged to perform backups within their own scope of responsibility.
The Client acknowledges that the virtual server leased by the Client may cease to operate at
any time due to an infrastructure failure.
§ 10
Termination of the Electronic Service and Account
a) b) The Client may terminate the use of the Electronic Service at any time. The termination of
the Electronic Service agreement shall be effected by deleting all services. In such case, the
agreement shall be terminated automatically without the need for additional declarations by
the parties.
The Client may stop or delete the leased virtual servers at any time directly via the Dashboard
or by using the API.
The Account agreement shall be terminated within 14 days of submitting a request for
account deletion by e-mail to the address [email protected]
The Service Provider reserves the right to immediately cease the provision of the Electronic
Service (including the deactivation and deletion of virtual servers) in the event of a breach by
the Client of the provisions of § 16 of these Terms and Conditions (Prohibited Activities):
such action shall be treated as the termination of the agreement due to the Client’s fault
with immediate effect;
The Service Provider shall not be liable for the loss of the Client’s data resulting from the
immediate termination of the Service due to a breach of § 16.
Upon the termination of the Electronic Service (including the complete deletion of the Virtual
Server by the Client or by the Service Provider for the reasons specified in these Terms and
Conditions), the data stored by the Client on such resource may be retained in the Service
Provider’s backup system for a period of up to 7 (seven) days solely for technical purposes
and to ensure the security of the infrastructure, after which it shall be permanently and
irreversibly deleted. The retention of data in backup copies is of an operational nature and
does not impose upon the Service Provider any obligation to archive or recover such data at
the Client’s request after the termination of the agreement§ 11
Complaints
1. 2. 3. 4. 5. 6. 7. 8. a) b) c) The Service Provider informs that, in accordance with the current state of the art, it is not
possible to produce a computer program in such a manner as to ensure its continuous
reliability.
The Service Provider shall not be liable for defects in the Electronic Service resulting from the
Client’s malfunctioning infrastructure, in particular the internet connection with the leased
server.
Complaints concerning the Electronic Service shall be submitted using the contact details
referred to in § 2(2) of these Terms and Conditions.
Complaints referred to in paragraph 3 above shall be considered within 14 days of their
receipt. The Service Provider shall inform the Client of the outcome of the complaint using
the Client’s contact details provided in the complaint.
In respect of Clients who are Entrepreneurs, any liability of the Service Provider for defects
in the Electronic Service shall be limited to the rectification or removal of such defects.
In respect of Clients who are Entrepreneurs, the total liability of the Service Provider for non-
performance or improper performance of the agreement shall be limited to the equivalent
of the fees paid by the Entrepreneur to the Service Provider for the services to which the
claim relates during the 1 (one) month preceding the occurrence of the event causing the
damage. Furthermore, in respect of Entrepreneurs, the Service Provider’s liability for indirect
damages and lost profits (lucrum cessans) shall be entirely excluded.
The exclusions and limitations of the Service Provider’s liability set forth in these Terms and
Conditions shall not apply to Consumers, in respect of whom the Service Provider shall be
liable on the general principles set forth in the applicable legislation.
The Consumer shall have the right to use out-of-court complaint and redress mechanisms.
The Consumer may in particular:
in the case of Consumers from Poland: apply to the relevant district (municipal) consumer
ombudsman or a social organisation whose statutory tasks include consumer protection;
in the case of Consumers from other European Union Member States: seek assistance
from national consumer centres (European Consumer Centres Network), which provide
information on consumer rights in the EU and assist in cross-border disputes;
in the case of Consumers from outside the European Union: use mediation or amicable
settlement procedures available in the country of their habitual residence, provided that
the legislation of that country provides for such possibility in disputes with foreign service
providers.1. 1. 2. 3. 4. 5. § 12
Technical Requirements
a) b) c) d) e) f) g) h) In order to use the Platform and conclude the Electronic Service agreement, the Client must
meet at least the following technical and formal requirements:
possess full legal capacity, and in the case of natural persons – be at least 18 years of age;
have permanent access to the Internet;
have an end device capable of browsing websites;
have an active electronic mail (e-mail) account;
use a correctly configured, latest version of a web browser (recommended: Google
Chrome);
use a current and supported operating system (e.g. Windows 10/11, macOS or Linux);
have a valid payment card or another payment instrument supported by the Platform’s
gateways for the purpose of making payments for the Electronic Service;
have JavaScript support and Cookie acceptance enabled in the web browser, which is
necessary for the proper functioning of the Dashboard, payment processing and
maintenance of a secure login session.
Failure by the Client to meet the technical requirements specified in the preceding paragraph
(in particular a different or incomplete configuration of computer hardware or software) may
result in the inability to use the Platform, including the inability to conclude the Electronic
Service agreement.
§ 13
Use of the API Interface
The Service Provider may provide Users with an application programming interface (API)
enabling the integration and automation of the use of the Services. Access to the API requires
the generation of a unique authorisation key (API Key) in the Account panel.
The User bears full responsibility for the security of their API key and for all actions and costs
generated through its use, including in the event of unauthorised third-party access caused
by the User’s negligence.
The use of the API must be in accordance with its intended purpose and the current technical
documentation made available on the Platform.
The Service Provider reserves the right to impose limits on the number and frequency of
requests sent to the API (so-called rate limits) in order to ensure the stability of the Platform.
Any attempts to circumvent such limits are strictly prohibited.
In the event of detecting activities threatening the security, stability or performance of the
Service Provider’s infrastructure, including in particular the generation of excessive network
traffic, the Service Provider reserves the right to immediately, temporarily or permanently
revoke the User’s API key without prior notice.§ 14
Personal Data
1. The controller of the Client’s personal data is SimplePod.ai spółka z ograniczoną
odpowiedzialnością spółka komandytowa, with its registered office in Jagatowo, ul. Dolina
Krzemowa 6A, 83-010 Jagatowo, Poland, entered in the Register of Entrepreneurs
maintained by the District Court of Gdańsk-Północ in Gdańsk, 8th Commercial Division of the
National Court Register, under KRS number: 0000876797, TIN: 6040221578, REGON:
387827389
2. The Client’s personal data shall be processed for the purpose of the performance of the
agreement concluded between the Service Provider and the Client via the Platform in
accordance with Article 6(1)(b) of the GDPR. The performance of the agreement shall also be
understood as the exercise by each party of the rights arising from such agreement.
Furthermore, the Client’s personal data shall be processed for the purposes of the legitimate
interests pursued by the Controller (Article 6(1)(f) of the GDPR) and in accordance with the
internal Privacy Policy .
3. The recipients of the Client’s personal data shall include, inter alia: payment intermediaries,
accountants, auditors, lawyers and persons cooperating with the Service Provider who are
necessary for the performance of agreements concluded on the Platform.
4. The Client’s personal data may be transferred to third countries (outside the European
Economic Area) on the terms set out in the Privacy Policy, in particular on the basis of
standard contractual clauses (Article 46(2)(c) of the GDPR) or a European Commission
adequacy decision (Article 45 of the GDPR).
5. The Client’s personal data shall be processed for the period required for the pursuit of claims
by the parties and for the period required by the provisions of law. If the processing of
personal data is based on consent, the data shall be processed until such consent is
withdrawn.
6. The Client shall have the right of access to their data and the right to rectification, erasure,
restriction of processing, the right to data portability, the right to object, the right to
withdraw consent at any time without affecting the lawfulness of processing (if processing is
based on consent) carried out on the basis of consent prior to its withdrawal;
7. The Client shall have the right to lodge a complaint with a supervisory authority if they
consider that the processing of their personal data infringes the provisions of the General
Data Protection Regulation of 27 April 2016;
8. The provision of personal data by the Client is a condition for the conclusion of the Electronic
Service agreement with the Service Provider. The Client is obliged to provide such data, and
the consequence of failure to provide personal data shall be the inability to conclude and
perform the aforementioned service agreement.
9. The Client’s personal data shall not be used for profiling or automated decision-making
producing legal effects or similarly significantly affecting the Client, except in the cases10. 11. described in these Terms and Conditions (in particular the automatic suspension of the
Service in the event of exhaustion of funds in the Account).
Processing of Third-Party Data (DPA): Where the Client intends to use the Electronic Service
for the processing of personal data in respect of which they act as the controller (e.g. data of
the Client’s users, data used for training AI models), the Client is obliged to inform the Service
Provider and to conclude a Data Processing Agreement (DPA) with the Service Provider
In order to conclude the DPA, the Client should promptly contact the Service Provider at the
e-mail address: [email protected]. The processing of third-party personal data without the
conclusion of a DPA is prohibited and constitutes a material breach of these Terms and
Conditions.
§ 15
Notifications
3. 1. Following the appropriate configuration of notifications in the user account, the Service
Provider shall send notifications to the Client in accordance with the communication option
selected directly in the panel.
2. Notifications may concern in particular:
a) b) c) d) e) f) notification of a payment credited to the user’s account;
notification of a low Computing Point balance;
notification of virtual servers being offline;
notification of changes to the Terms and Conditions or the Privacy Policy;
notification of an issued invoice;
notification of changes and updates;
The Service Provider stipulates that the notifications referred to in paragraph 2 are of an
informational nature and the selectable catalogue thereof is available from the Client’s
account.
§ 16
Prohibited Activities on Virtual Servers
1. Virtual servers made available to Clients under these Terms and Conditions shall not be used
for:
a) activities contrary to the law;
b) conducting DDoS attacks;
c) cryptocurrency mining;
d) running applications infringing copyright;
e) storing and distributing illegal materials, including child sexual abuse material;1. 2. 3. f) sending spam;
g) interfering with the security of other systems or networks;
h) running spyware or malware;
i) activities that may destabilise the network;
j) sharing the account with third parties without the consent of the service owner;
k) breaching password or data protections, including conducting brute-force attacks;
l) activities infringing the privacy of other persons;
m) storing personal data without the appropriate authorisations;
n) conducting gambling activities;
o) distributing unauthorised software;
p) activities related to human trafficking;
q) conducting terrorist activities;
r) activities related to racial or religious hatred;
s) violating environmental protection regulations;
t) unauthorised monitoring of network traffic;
u) using proxy servers to mask the IP address or other methods to conceal the place of
residence, whether in order to circumvent geographical restrictions applicable to the
order being placed;
v) creating, training or deploying artificial intelligence systems prohibited under the AI Act,
in particular systems employing subliminal techniques, exploiting vulnerabilities of
persons or used for social scoring by public authorities;
w) training AI models in breach of third-party copyright and personal data protection
regulations, in particular by using datasets obtained in an unauthorised manner;
x) resale, lease, sublicensing or any other form of commercial provision of the Virtual Server
or Computing Points to third parties without the express, prior written consent of the
Service Provider.
§ 17
Liability for Content and Abuse Reporting (DSA)
The Service Provider is a hosting service provider within the meaning of Regulation (EU)
2022/2065 (DSA). The single point of contact for communication with authorities and service
recipients: [email protected]
Any person may report to the Service Provider the presence of illegal content on a Client’s
Virtual Server by sending a notice to the address specified in paragraph 1. The notice should
contain: the reasons for considering the content to be illegal, an indication of its location (IP
address, server identifier), the contact details of the reporting person and a declaration of
acting in good faith (Article 16(2) of the DSA).
The Service Provider shall acknowledge receipt of the notice by electronic means and shall
consider it without undue delay in a non-arbitrary and objective manner. The Service Provi-
der shall inform the reporting person of the decision taken, providing the reasons therefor
and information on the available means of redress.4. In the event of removal of content, blocking of access or restriction of the provision of the
Electronic Service on account of the illegality of the content or a breach of these Terms and
Conditions, the Service Provider shall provide the Client with a statement of reasons contai-
ning an indication of the restriction applied, its grounds and the available means of redress
(Article 17 of the DSA).
5. The Service Provider does not carry out general monitoring of content stored by Clients (Ar-
ticle 8 of the DSA).
§ 18
Liability of the Service Provider
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The Service Provider shall not be liable, in particular, for the loss of the Client’s data.
The Service Provider reserves the right to temporarily shut down the server for maintenance
purposes
a) The Client shall receive a notification at least 2 days in advance in the case of scheduled
maintenance;
b) in unscheduled maintenance resulting from failures, notification shall be given
immediately.
The Electronic Service and the Virtual Server infrastructure are provided on an "as is" basis.
The Service Provider does not warrant that the leased hardware will achieve any
predetermined computational performance, processing speed or data transfer rate, or that
it will be 100% free from technical errors, performance fluctuations (e.g. thermal throttling)
or incompatibility with software supplied by the Client.
The Service Provider shall not be liable for financial losses resulting from the lack of access to
the server.
The Client undertakes to regularly create backup copies of their data and the Service Provider
shall not be liable for the Client’s failure to perform this obligation.
The Service Provider shall not be liable for damages resulting from force majeure.
The Service Provider shall not be liable for the consequences of actions by third parties, such
as hacking attacks.
The Client bears full responsibility for the security of their data on the server.
The Service Provider shall not be liable for hardware or software failures beyond its control.
The Service Provider reserves the right to modify the technical parameters of the server with
at least 7 days’ prior notice, unless the modification is necessary for security reasons, due to
a server failure or arises from circumstances beyond the Service Provider’s control.
The Service Provider shall not be liable for the loss of data caused by unauthorised actions of
the user.12. 13. The Service Provider does not guarantee any specific data transfer speed.
The Service Provider shall not be liable for the improper functioning of software supplied by
the Client.
14. The Service Provider reserves the right to terminate the provision of services without
compensation in the event of a breach of these Terms and Conditions by the Client.
15. The Service Provider shall not be liable for the loss of data resulting from a failure of the
power supply or connectivity system.
16. The Service Provider shall not be liable for the consequences of improper use of the server
by the Client.
17. The Service Provider stipulates that it uses its own hardware infrastructure as well as
resources and servers leased from external cloud service providers and data centres (so-
called external infrastructure) for the provision of the Electronic Service. The Service Provider
shall not be liable for interruptions in the operation of Virtual Servers and the loss of data
resulting from failures, unavailability or technical interruptions attributable exclusively to
external infrastructure providers, subject to the provisions of § 5 concerning the refund of
erroneously accrued charges.
18. The Service Provider does not actively monitor, scan or verify files, source codes, training
data or other content uploaded by the Client to the Virtual Server. However, the Service
Provider reserves the right to electronically monitor network traffic for technical purposes
and the right to disclose any content, logs or data relating to the Client’s Account if this is
necessary to comply with the requirements of generally applicable law, upon a credible
request from authorised state authorities (e.g. the police, the public prosecutor’s office or a
court of law).
19. The exclusions and limitations of the Service Provider’s liability set forth in these Terms and
Conditions shall not apply to Consumers, in respect of whom the Service Provider shall be
liable on the general principles set forth in the applicable legislation.
§ 19
Final Provisions
1. 2. 3. 4. The Platform and the activities related to the conclusion of agreements on the Platform are
available in the English language.
These Terms and Conditions are available in the Polish and English languages; the Polish text
shall prevail.
These Terms and Conditions are made available to the Client at SimplePod.ai/Terms and
Conditions.pdf prior to the conclusion of the agreement, as well as – upon the Client’s
request – in a form that enables the acquisition, reproduction and recording of the content
of these Terms and Conditions by means of the ICT system used by the Client, including in
particular downloading, copying, saving to the Client’s disk or printing.
The Service Provider shall have the right to terminate the Electronic Service agreement and
block the Client’s Account with immediate effect if the Client breaches the provisions of these
Terms and Conditions, in particular attempts to hack the Service Provider’s infrastructure,5. 6. 7. 8. 9. 10. 11. 12. makes unauthorised modifications to the system or engages in the prohibited activities
specified in § 16. Any infringement of the Service Provider’s intellectual property rights (e.g.
in the Dashboard code) shall result in immediate blocking of access. Furthermore, legal
consequences shall be pursued against such Client in accordance with the generally
applicable law, including claims for damages.
These Terms and Conditions constitute an integral part of the agreement concluded via the
Platform, including the Electronic Service agreement.
The Client shall have the right to lodge complaints as referred to in these Terms and
Conditions and to exercise other rights arising from the provisions of Polish law. The Client
shall have the right to use out-of-court redress mechanisms.
The Service Provider reserves the right to amend these Terms and Conditions for important
reasons (e.g. changes in legislation, introduction of new functionalities, changes to the
business model)
Users shall be notified of amendments to these Terms and Conditions by electronic means
(to the e-mail address) at least 14 days before the amendments take effect.
Additionally, upon the first login after the amendments take effect, the User may be
requested to accept the new content of the Terms and Conditions by clicking the appropriate
button (in-system acceptance).
In the event of non-acceptance of the amendments, the User shall have the right to terminate
the agreement with immediate effect. Continued use of the Platform after the amendments
take effect shall be deemed to constitute acceptance thereof.
In matters not regulated by these Terms and Conditions, the generally applicable provisions
of Polish law shall apply, in particular the provisions of the Civil Code, the Electronic
Communications Law and the Act on the Provision of Electronic Services.
The Parties undertake to resolve any disputes arising from the application of these Terms
and Conditions in the first instance by amicable means. In the absence of a settlement, the
court competent to resolve disputes with Entrepreneurs shall be the Polish common court
having territorial jurisdiction over the registered office of the Service Provider. In the case of
disputes with Consumers, the jurisdiction of the court shall be determined in accordance with
the generally applicable provisions of law.Appendix No. 1. Model Withdrawal Form
(this form should be completed and sent to the e-mail address only in the event of a wish to withdraw
from the agreement within the statutory 14-day period from its conclusion)
Addressee: SimplePod.ai Sp. z o.o. Sp.k. ul. Dolina Krzemowa 6a, 83-010 Jagatowo, TIN: 6040221578,
REGON: 387827389, KRS 0000876797 [email protected]
Subject: Withdrawal from the agreement
Content of the notice: I hereby inform of my withdrawal from*:
a) b) c) the agreement for the provision of the User Account maintenance service;
the purchase of virtual points (Computing Points);
both of the above services
• Date of conclusion of the agreement (registration/payment): [enter date]
• Name and surname of the Consumer(s): [enter details]
• E-mail address associated with the Account: [enter e-mail address]
• Address of the Consumer(s): [enter address]
• Date of the notice: [enter date]
*Please select the appropriate option