Terms of service.

This translation is provided for convenience. The Polish version is legally binding.

These terms of service set out the rules for using the marketing.aionflow.pl website and for the supply of services by electronic means by Aion Marketing. They are drawn up in accordance with the Act of 18 July 2002 on the provision of services by electronic means (UŚUDE) and other applicable provisions of Polish law.

1. General provisions

The service provider is Aion Automation Andrzej Niemiec, with its registered office at Siemiechów 264, 33-181 Siemiechów, Poland, tax ID (NIP) 8733298270 (hereinafter: "the Service Provider", "we", "Aion Marketing").

Contact with the Service Provider:

• e-mail: biuro@aion-marketing.pl
• phone: +48 789 583 333
• post: Siemiechów 264, 33-181 Siemiechów, Poland

These terms are made available free of charge at marketing.aionflow.pl/en/terms-of-service in a manner that allows them to be downloaded, reproduced and recorded.

2. Definitions

• Website — the website at marketing.aionflow.pl together with its subpages.
• Service Provider — Aion Automation Andrzej Niemiec (details as in point 1).
• User — a person using the Website, including a natural person, a legal person or an organisational unit.
• Client — a User who has concluded an agreement for marketing services with the Service Provider.
• Consumer — a natural person concluding an agreement not directly related to their business or professional activity (Art. 22¹ of the Civil Code).
• Entrepreneur-consumer — a natural person conducting a business who concludes an agreement directly related to that business, where the content of that agreement shows that it is not of a professional character for them (Art. 38a of the Consumer Rights Act).
• Electronic services — making the Website content available, the contact form, e-mail correspondence and a possible newsletter.
• Marketing services — paid services provided under a separate agreement: strategy, design and delivery of a website, content, PPC campaigns, reporting and others — to an individually agreed scope.
• Agreement — an agreement for the provision of Marketing services concluded between the Service Provider and the Client.

3. Type and scope of services

Through the Website we provide the following Electronic services:

• making informational content about the offering available,
• the option to get in touch (form, mailto, phone),
• the option to book a non-binding, free 30-minute call.

Use of the Electronic services is free of charge and does not require registration.

Separately, we provide paid Marketing services, including among others:

• Discovery and strategy (audit, persona, topical map, 3-month plan),
• design and implementation of a website (Nuxt + Directus, SEO, analytics),
• configuration of advertising systems (Google Ads, Meta Ads, pixels, audiences),
• content creation (articles, social media, campaigns),
• monthly partnership (recurring): content, PPC campaigns, report, call.

The detailed scope, schedule and price of the Marketing services are agreed individually — a quote is prepared after an introductory call, presented in an offer and then set out in a separate Agreement. The content published on the Website is for information only and does not constitute an offer within the meaning of Art. 66 of the Civil Code.

4. Technical requirements

To use the Website correctly you need:

• a device with internet access,
• a current web browser (Chrome, Firefox, Safari, Edge in a version no more than 2 years old),
• JavaScript enabled,
• for some features — cookies enabled (see the Privacy policy).

The Service Provider makes every effort to keep the Website running continuously. However, technical interruptions may occur (maintenance, outages on the hosting provider's side, attacks). We are not liable for difficulties resulting from factors beyond our control.

5. Conclusion and performance of the agreement

5.1 Introductory call

The first step is a free 30-minute call. You book it via the form, e-mail or phone. The call does not bind either party and does not constitute the conclusion of an Agreement.

5.2 Offer and acceptance

After the call, if both parties wish to continue, we present an offer with a specific scope, timeline and price. Acceptance of the offer by the Client (in writing, by e-mail or by signing the agreement) results in the conclusion of the Agreement. The Agreement may also be concluded in another individually agreed form.

5.3 Delivery

We deliver the scope described in the Agreement according to the agreed schedule. The Client undertakes to cooperate — in particular to provide the necessary materials, access credentials and feedback within the agreed deadlines. Delays on the Client's side may affect the delivery timeline.

5.4 Termination of the monthly partnership

Recurring (monthly) partnership agreements are concluded for an indefinite term with the option of termination subject to a 30-day notice period, with effect at the end of the billing period. Termination requires documentary form (an e-mail is sufficient). We do not charge contractual penalties for termination.

6. Payments and invoices

• All amounts indicated on the Website are net amounts and are increased by VAT in accordance with the applicable regulations.
• Payments are made on the basis of VAT invoices issued by the Service Provider.
• The standard payment term is 7 days from the invoice date, unless the Agreement provides otherwise.
• The advertising budget (e.g. Google Ads, Meta Ads) is paid by the Client directly to the ad providers — all advertising accounts remain the property of the Client.
• In the event of a payment delay, the Service Provider may charge statutory interest for delay (Art. 481 of the Civil Code) and issue a payment demand.
• If a delay persists for more than 30 days, the Service Provider may suspend the provision of the Services until the arrears are settled.

7. Intellectual property and client data

• What's yours is yours. All works created in the course of performing the Agreement (website code, content, creatives, graphic materials) become the property of the Client upon payment of the invoice covering the given stage of work.
• Advertising accounts and data. Google Ads, Meta Ads, analytics, CRM and mailing accounts, together with the related pixels and audiences, remain the property of the Client. We create them on the Client's data and grant ourselves the appropriate permissions only for the term of the Agreement.
• After the cooperation ends we hand over to the Client full access to the code, content, creatives, data and accounts. We remove our own permissions.
• Our tools. The Service Provider's internal tools, libraries and know-how (e.g. process templates, private components) remain its property and are not handed over as works.
• Mutual references. The Service Provider may name the Client as a reference (logo, name, short description, figures — if the Client agrees), unless the Agreement provides otherwise. The Client may request removal of the reference at any time.

8. Liability

• The Service Provider provides the Services with the due diligence of a professional.
• In B2B relations (between entrepreneurs) the Service Provider's liability is limited to the amount of the remuneration actually paid by the Client over the last 3 months. Liability for lost profits (lucrum cessans) is excluded, unless the damage was caused intentionally.
• The above limitations do not apply to Consumers and Entrepreneur-consumers — towards them the Service Provider is liable on the general principles of the Civil Code.
• The Service Provider is not liable for the effects of third-party actions (e.g. changes to Google algorithms, Meta advertising policies, outages of external systems) over which it has no influence.
• The Service Provider does not guarantee specific business results (e.g. the number of leads, sales) — the effects of marketing activities depend on many factors, including the quality of the offering, price, competition and the market.

9. Complaints

Complaints regarding the Electronic services or the Marketing services may be submitted:

• by e-mail to biuro@aion-marketing.pl,
• in writing to the Service Provider's registered address.

A complaint should contain:

• the contact details of the person submitting the complaint,
• a description of the problem (what it concerns, when it occurred),
• the expected manner of resolution.

We handle complaints within 14 days of receipt. In particularly complex cases we may extend this period — in which case we will inform you of the new deadline together with the reasons. In relations with Consumers, a lack of response within 14 days is treated as acceptance of the complaint.

10. Right of withdrawal (consumers and entrepreneur-consumers)

A Consumer and an Entrepreneur-consumer who has concluded an agreement at a distance or off business premises has the right to withdraw from it within 14 days without giving a reason (the Act of 30 May 2014 on Consumer Rights).

The withdrawal period begins on the day the agreement is concluded. A withdrawal statement may be submitted in writing to the registered address or by e-mail to biuro@aion-marketing.pl.

The right of withdrawal does not apply to service agreements where the Service Provider has fully performed the service with the consumer's express consent, the consumer having been informed before the service began that, once it has been performed, they will lose the right of withdrawal (Art. 38(1) of the Consumer Rights Act) — this typically concerns one-off services fully delivered within the 14-day period.

If the Consumer requested that performance begin before the end of the withdrawal period and then exercises the right, they will pay us for the service provided up to the moment of withdrawal — in proportion to the scope of the work performed.

11. Prohibited content and conduct

By using the Website you undertake not to take actions contrary to the law or to good practice, in particular:

• sending unlawful, offensive content or content infringing third-party rights,
• attempting to attack the Website (SQL injection, XSS, DDoS, scraping that breaches the website's rules),
• providing false data in forms,
• impersonating other people,
• actions that could hinder or disrupt the operation of the Website.

In the event of a breach of the above rules, the Service Provider may block access to the Website and — if the breach constitutes a prohibited act — notify the relevant authorities.

12. Personal data

We have described the rules for processing personal data in a separate document: Privacy policy. Be sure to read it — it describes the legal bases, purposes, data retention periods and your rights under the GDPR.

13. Changes to the terms

The Service Provider reserves the right to amend these terms. We will inform Users and Clients of any material changes at least 14 days in advance — on the Website or by e-mail. Continued use of the Website after the changes take effect is deemed to be their acceptance.

With respect to ongoing Agreements, changes to the terms take effect only with the Client's consent or after the notice period expires, if the Client does not accept the changes.

14. Governing law and dispute resolution

• The Agreements and these terms are governed by Polish law.
• Disputes arising from Agreements with parties who are entrepreneurs will be settled by the court having local jurisdiction over the Service Provider's registered office.
• In relations with Consumers, the competent court is the court determined under the general provisions of the Code of Civil Procedure (the court for the Consumer's place of residence or the defendant's registered office).
• A Consumer may use out-of-court dispute resolution methods: mediation conducted by the Provincial Inspectorates of the Trade Inspection, proceedings before permanent consumer arbitration courts (information: uokik.gov.pl), the European Commission's ODR platform (ec.europa.eu/consumers/odr).