Terms of service Chapter 1

§ 1. General provisions

  1. The See My Model Service is governed by the rules specified in these Terms of Service.
  2. These Terms of Service define the kind and scope of the services provided electronically by the See My Model Service, the principles of providing the services, the terms of concluding and terminating the agreements for electronically provided services, and complaint procedures.
  3. The Operator of the See My Model Service is See My Model Spółka z o.o. with its registered office in Białystok (15-540), at ul. Żurawia 71, entered into the Register of Entrepreneurs at the District Court for Białystok, the 12th Commercial Department, under the National Court Register (KRS) number: 0000853984, NIP (tax identification number): 9662142028, REGON(company registration number): 386725184.
  4. In matters not covered by these Terms of See My Model Service, the regulations of 18 July 2002 on the Provision of Electronic Services, The Civil Code provisions and any other binding legal acts.
  5. Proprietary Rights to the See My Model Service belong to the Operator. The Service is protected by the Act on copyright and related rights of February 4th, 1994.
Chapter 2

§ 2. Definitions
  1. Unless otherwise defined herein, capitalized terms and expressions used here shall have the following meaning:
    1. RODO (GDPR) Information Clause – the information on personal data processing by the Operator available at the website address: www.seemymodel.com in the tab: GDPR Information Clause.
    2. Consumer – a User who is a natural person and who concludes the Agreement with the Operator for purposes not directly related to their business or professional activities, and any other natural person who runs a business activity in case the Agreement content proves that it is not professionally related to this person’s business activity made available based on the regulations of the Central Register and Information on Economic Activity (CEIDG).
    3. Model – the source file (the native file format) sent by the User to the Operator’s Server.
    4. Newsletter – the service the User is provided with by the Operator and which enables the User to receive the information related to the Service sent by the Operator to the email address, voluntarily provided by the User.
    5. Operator – See My Model Spółka z o.o. with its registered office in Białystok (15-540) at ul. Żurawia 71, entered into the Register of Entrepreneurs at the District Court in Białystok under the National Court Register (KRS) number : 0000853984, NIP (tax identification number): 9662142028, REGON (company registration number): 386725184.
    6. Privacy Policy – the document made available at the website address: www.seemymodel.com in the tab: Privacy Policy defining the principles of the personal data processing by the Operator.
    7. Registration – a voluntary provision of the data by the User by filling in the form available at the Service website in order to create an account..
    8. Terms of Service – this very document that defines types and conditions of service provision by See My Model Spółka z o.o. with its registered office in Białystok, the terms of service access, execution and termination.
    9. Service – the See My Model service operating at the website address www.seemymodel.com.
    10. Subscription – the service provided by the Operator to the User comprising the periodic renewal of fees for using the See My Model website services.
    11. Agreement – the agreement concluded between the Operator and the User whose aim is to provide the Operator services to the User and whose detailed conditions are specified in these Terms of Service.
    12. User - a natural person, a legal entity or any other organizational unit without legal personality that concluded the Agreement with the Operator for the provision of electronic services to the User.
    13. Order – an order to execute the service whose aim is to create a 3D visualisation by the Operator based on the models provided by the User and the specific terms of which are presented further in these Terms of Service.
  2. The chapter titles of these Terms of Service have been introduced only to facilitate the use of the document and do not constitute its integral part and, therefore, cannot be used for the interpretation of these Terms of Service.
§ 3. Users
  1. To be able to use the Service, the User has to register free of charge by filling in an electronic agreement form.
  2. The User has a possibility to choose the subscription version or free-of-charge Service functions. Before concluding the purchase, each time the detailed conditions of a given subscription plan are displayed on the site and the most important elements of the subscription plan are emailed to the address provided during the account registration. The Operator may offer the User an individual subscription plan unavailable to other Users.
  3. The User registers by filling in the electronic Agreement form available at the Service website. The registration in the Service is free of charge.
  4. In order to register in the Service, the User has to enter the following data into the electronic Agreement form:
    • first name,
    • surname,
    • address,
    • company (in case, the User is an entrepreneur),
    • email address.
  5. On registering, the User is assigned and individual account in the Service. In order to log in the User’s individual account, the User has to enter the login and password set by them in the electronic Agreement form.
  6. The User may use the Service only after giving a separate consent to their personal data processing and electronic service provision.
  7. If the conditions specified in this paragraph are fulfilled, the User has the right to use the Service via the www.seemymodel.com website. The account registration along with the approval of these terms of service shall be deemed as the conclusion of Agreement.
  8. The User has the right to delete their individual account at any time without stating the reason or incurring any fees. The account is deleted if the button “Delete account” that can be found in the account admin panel is clicked. The deletion of the account having an active subscription means that the subscription will be cancelled at the end of the nearest billing cycle. However, once the account has been deleted it is impossible to carry out any activities within the purchased subscription package.
  9. The account deletion or the subscription cancellation will not constitute grounds for claiming the reimbursement or any other compensation for not using the subscription fully. The subscription always ends on the last day of the billing period.
  10. The Services shall not be rendered within 14 days from the Agreement concluding unless the User, being also a consumer, has given consent to the service provision before the expiry of the withdrawal period which is referred to in the act on consumer rights.
Chapter 3
Rules of Using the Service

§ 4. General rules
  1. The User before the Agreement is concluded confirms that They have got acquainted with the Terms of Service and accept their provisions.
  2. The Operator declares and the User acknowledges that the Service operates in the test mode (beta), namely, the Service, in any way, does not guarantee the complete functionality and proper performance of any of the offered functions which the User knowingly agrees to.
  3. Any malfunction of the Service (or part of the rendered services) will not give the User the grounds to lodge a claim against the Operator. The User, being aware of the testing phase, unconditionally and irrevocably waives any and all claims regarding the service malfunctioning or any obligations the Operator has committed himself to. Malfunctioning also comprises the lack of functionality, an incorrect operation of the services, and exceeding the deadlines accepted by the Operator. This provision shall not apply to the Consumer.
  4. In order to be able to use our Service, the User has to fulfil the technical requirements necessary for cooperation with the tele-information system the Operator uses, namely:
    • access to the Internet,
    • a properly set up email account,
    • a web browser must be properly set up and updated,
    • Cookies and JavaScript must be enabled.
  5. The Operator informs that the Service usage may be exposed to standard risks associated with using the Internet and recommends the Users to undertake appropriate measures to minimise these risks.
§ 5. Digital content

The services within the Service are provided by creating and delivering the digital content to the User using electronic means as it is defined in the act on consumer rights. The digital content resulting from the Order execution is not recorded and delivered on any tangible medium.

§ 6. Rules for placing orders
  1. You may place Orders with limitations based on your active subscription plan.
  2. The Order placement is executed via the www.seemymodel.com website. In order to be able to place an order, one needs an individual user account that is assigned to the User during the Registration process or because the User purchased the Subscription.
  3. To place an order the User is obliged to provide the Operator with the Model in the native file format. The Model is shared by sending the file to the Operator’s server using properly set up website browser.
  4. The moment the Model is registered in the Operator’s system is treated as the Order submission.
  5. Besides the subscription plan options, each time, the User may order the Service to individually price the services by using the “Price and Order the model” tab and filling in the relevant fields.
  6. The Operator, having received the individual pricing order, immediately answers the User by placing the pricing along with any other relevant information in the “Price and Order the model” tab and emails the pricing as a PDF file to the User’s address.
  7. The User may either accept or reject the offer presented to them.
  8. The User is obliged to get thoroughly acquainted with the offer presented by the Operator before accepting or rejecting it. To avoid any mistakes or doubts, after clicking the option “accept the offer” the additional window will be displayed where one can see the full version of the offer to be accepted. The User must click the button labelled “order with obligation to pay” again to finally accept the offer.
  9. After the offer has been accepted, the Operator can execute the order.
  10. Having executed the ordered activities, the Service will inform the User about the result of the undertaken activities by email and also by placing the information in the Service. To be able to download the ordered files the User must click “See and pay”. Another card presenting the results of the order will be displayed to the User.
  11. The User is obliged to check if the files have been prepared in line with the order and in case of any reservations, the User should be report them by clicking the button “Make a remark”. If there are no doubts, the User accepts the scope of work by clicking the button “Pay”. The proper payment enables the User to download the files that have been ordered.
  12. By making the payment, the User confirms that the service has been properly executed and in line with their expectations and waive any right to complain about the scope of work, except with regard to either the malfunctioning/faults whose detection was not possible (inexecutable) before the payment or imperative norms prevent the limitation of the Operator’s liability.
  13. In no way may the User use the files that have been ordered if they have not been paid in full.
  14. The User who uses the file (files) that has been ordered but not paid in full will be charged, due to the groundless usufruct, PLN 1000 for each file for each day of using it (“using” shall also mean downloading and storing the file even without its further distribution or any other use).
§ 7. Rules for Order execution
  1. After the Model has been made available by the User, it is converted by the system of the Operator’s business partner.
  2. The Model which has been made available by the User goes through a series of operations changing its original format. These changes, among others, concern:
    • the file size,
    • the file geometry edition,
    • changes to the model representation structure,
    • import and export of a file to other formats,
    • storage of the file in the original format,
    • o storage of the file copy.
  3. The Model that has been converted to a new format, that is, to its final format (the final file) is next sent to the User using the URL link. Each person who gets the link generated in this way can download and view the final files either using the phone or the computer.
    • By accepting these Terms, the User gives their consent to:
    • store the submitted original models by the Operator,
    • store the converted models by the Operator,
    • transform (change) the original modals,
    • use the submitted models to improve the System operation quality,
    • transfer the models submitted by the User between Servers and countries,
    • collect the information on the shared models with regard to their size, polygons number, or the number of views.
  4. In case the User’s modification of services lead to the limitation of the stored or shared file capacity, the Operator will delete the files extending the capacity limit to the value resulting from the modification, deleting or blocking files starting from the latest one till their number is in accordance with the implemented modification.
§ 8. Refusal or suspension of order execution or further service provision
  1. The Operator has the right to refuse to execute the Order if the Model sent by the User is offensive, or considered to be vulgar, or is liable to infringe the rights of third parties and, if the User’s actions may affect the malfunctioning of the Service.
  2. The Operator may refuse to execute the Order or deny the further provision of services or make their implementation or further provision dependent on an additional fee (in the amount of PLN 2 for every 1000 file display started) when the limits defined in the subscription plan or the individual pricing have been exceeded at least twice.
  3. The refusal to execute the Order shall be based on the Operator's statement sent to the User by electronic means, in which the grounds for refusal shall be provided. On the same basis, the Operator, at their own discretion, also has the right to delete the Service user's account or delete files uploaded by the User, as well as the results of the Service work.
  4. The Operator has the right to suspend the service provision if they have not been fully paid or till they have not been paid in full.
  5. The Operator has the right to suspend the service provision in case of detection of any anomalies regarding the file (files) the services are provided for till this situation has been clarified.
Chapter 4
Additional provisions

§ 9. Personal data processing rules
  1. The Administrator of the personal data is the Operator.
  2. The personal data are processes in line with the Privacy Policy of See My Model, which can be found on the Service website www.seemymodel.com in the tab Privacy Policy.
  3. Information on the personal data processing can be found on the Service website www.seemymodel.com in the tab GDPR Information Clause.
§ 10. Commercial Information and newsletter
  • The Newsletter can be emailed to the User to a given email address only if the User gives Their separate consent to do so.
  • § 11. Copyrights
    1. The User who sends the Model to the Service Server declares that the file is Their property.
    2. The User gives the Operator a free of charge, non-exclusive licence and authorises Them to publish, reproduce and record Models on electronic media, irrespective of the territorial scope of the licence.
    3. The licence is granted for the unlimited period of time.
    4. The Operator shall not be liable for the claims made by third parties with regard to proprietary copyrights concerning the files sent by the User,
    5. The User may revoke their consent at any time by informing the Operator via registered mail or by e-mail to contact@seemymodel.com.
    6. The Operator shall own all the proprietary copyrights in all products created during the service execution.
    7. Using the Service does not result in the acquisition by the User of intangible proprietary rights to works provided in connection with the services provided by the Service, nor does the User acquire any proprietary copyrights to such works.
    Chapter 5
    Website Service

    § 13. Terms for Service agreement conclusion
    1. The Agreement conclusion is voluntary.
    2. The Agreement between the Operator and the User is made in the electronic form by creating an Account in the Service, on the basis of which the User can:
      • Buy a Subscription at the address www.app.seemymodel.com;
      • Place an individual order after having it priced;
      • o Use the free-of-charge Service functions;
    3. In case of any discrepancy between the wording of these terms and the conditions offered in the individual pricing, the provisions of the offer will prevail and in any other regard the provisions of the terms will be applied.
    4. Online payment services are provided by Stripe Payments Europe, Ltd., with its registered office in Ireland, at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin.
    5. The Subscription is renewed monthly/annually, and the Operator, through an online payment service provider, automatically collects a monthly fee from the User's credit / debit card throughout the whole duration period of the Agreement until it terminates.
    6. The order execution time (the service launch) is calculated from the moment the payment has been registered.
    7. If the paid Subscription has been activated, the available payment forms are as follows:

        Payment cards:

      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    8. In case of any discrepancy between the wording of these terms and the conditions offered in the individual pricing, the provisions of the offer will prevail and in any other regard the provisions of the terms will be applied.
    9. The Operator shall reimburse the payment using the same method of payment (the same payment card or via the bank account number) that was used for the initial payment.
    10. The Operator shall, as soon as the Agreement is concluded, send an email to the User’s address comprising: the confirmation of the Agreement concluding, the See My Model Terms of Service, GDPR Information Clause , and after the payment has been registered – a VAT invoice/invoice.
    11. The User agrees to being sent VAT invoices/invoices in PDF format, via email at the email address provided by the User. The User can receive Vat invoices/invoices in PDF format from the account settings level.
    § 14. Complaints and out-of-court ways of dealing with complaints and redress by the Consumer
    1. Complaints related to the execution or improper execution of the Order shall be reported to the Operator solely via email to the address: contact@seemymodel.com The complaints may be made by the Service Users.
    2. The Operator is obliged to deal with each complaint within 14 calendar days from the day of the complaint receipt.
    3. The reply to the complaint is sent to the email address provided by the User.
    4. The User, being a Consumer, may use out-of-court ways of dealing with complaints and redress, for example:
      • is entitled to refer to the Permanent Arbitration Court, as referred to in article 37 of the Act of 15 December 2000 on Trade Inspection, with the request to settle the dispute concerning the property rights arising from the concluded contract. The terms of the organization and operation of permanent arbitration courts are defined in the ordinance of the minister of justice of July 6, 2017 on the determination of the conditions for the organization and operation of permanent arbitration courts of consumers operating at the provincial trade inspection offices.
      • is entitled to refer to the provincial inspector of trade inspection, in accordance with article 36 of the law of 15 December 2000 on Trade Inspection, with the request to initiate out-of-court mediation proceedings between them and the Operator. The information on the terms and mode of procedures run by the provincial inspector of Trade Inspection is available in the offices and on the websites of individual Provincial Trade Inspection Offices.
      • can get free of charge help on the settlement of the dispute between them and the Operator, including the free of charge assistance of a district (municipal) consumer advocate or a social organization, which statutory tasks comprise the consumer protection. The advice may be received from the Association of Polish Consumers by calling toll free consumer helpline number 801 440 220.
      • o is entitled to mediation proceedings in the Provincial Trade Inspection Offices or before the arbitration tribunal of the Provincial Trade Inspection Office or any other equivalent and lawful means of pre-trial and out-of-court dispute resolution indicated by the Consumer. At the same time, the Operator informs about the European ODR platform (an interactive website where both the consumers and traders can resolve their disputes without the parties having to resort to court ― Online Dispute Resolution) https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
    5. Additional information on the use out-of-court ways of dealing with complaints and redress is available on the website of the Office of Competition and Consumer Protection www.uokik.gov.pl.
    § 15. Consumer’s right of withdrawal
    1. This paragraph concerns only the rights of the User who is a Consumer.
    2. The User is entitled to withdraw from the Agreement without giving any reasons within 14 days as of the date of the Agreement conclusion subject to article 7 of this paragraph.
    3. The Operator provides the possibility to withdraw from the Agreement through sending the electronic message to the website address: contact@seemymodel.com; this message should be sent from the email address provided while creating an account in the Service the Consumer exercises the right to withdraw from.
    4. To observe the 14 day time-limit, it is sufficient to send a declaration of intent before that date.
    5. In case of the withdrawal from the Agreement, the Operator is required to refund the User all the payments made by them for the earlier purchased subscription within 14 days of receipt of the notification of withdrawal.
    6. The return of payment is conducted with the use of the same payment methods which were used by the User in the initial transaction, unless the User agrees to another payment return that does not entail any costs for them and the Operator has the legal possibility to do so. By legal restrictions we also understand the provisions of the agreement between the Operator and the Payment service Provider.
    7. In the event of the User’s consent to start the provision of services before the expiry of the 14-day period of withdrawal from the Agreement, the Users shall lose the right of withdrawal from the Agreement.
    § 16. Final provisions
    1. These Terms of Service constituting the integral part of the Agreement concluded with the User become affective on the day of their publishing on the Service website, namely, on 29.10.2021.
    2. The Terms of service, as well as the Service operation manner, including the payment form and system may be amended. The Users will be informed about the amendments made to the Terms and Service operation by email sent to Their email addresses. In case the User does not terminate the Agreement for service provision, we shall assume that the amendments have been accepted by the User.
    3. None of the provisions of these terms is intended to infringe the Consumer’s rights nor can be interpreted in this way because in case of any discrepancy in any part of the terms concerning the binding law, the Operator not only declares the absolute compliance with this law but also the application of this law in place of an effectively questioned provision of the terms.
    4. If any provision of these Terms is declared illegal or non-binding based on a final judgement, the validity of the remaining provisions remains in force and both Parties in good faith will make every effort to replace such an invalid provision with the legally binding one which comes as close as possible to the invalid one.
    Archiwal: 06.03.2021