TERMS OF SERVICE FOR THE WEARMEUP.CLUB PLATFORM

• Account Agreement – an agreement concluded at the moment of successfully creating an Account by the User, on the basis of which the Service Provider provides the User with a free service of maintaining the Account and access to the basic functionalities of the Service; and
• Agreement for the Use of Paid Services (Subscription) – an agreement concluded at the moment of purchasing a paid Subscription Plan by the User, on the basis of which the Service Provider undertakes to provide specific Services to the User for a fee, and the User undertakes to pay subscription fees in a timely manner. This agreement is continuous (concluded for an indefinite period, with cyclical billing periods).

• access to the Internet with bandwidth allowing for effective data transmission,
• end device (computer, laptop, tablet or smartphone) equipped with a current version of a web browser supporting HTML5, CSS3 standards and JavaScript scripts (e.g., the latest version of Google Chrome, Mozilla Firefox, Safari, Microsoft Edge or other comparable browser),
• active email account enabling Account registration and receiving information related to the use of services,
• enabled cookie and JavaScript support in the browser (required for proper functioning of certain Service features, including authentication and payment mechanisms),
• a program for opening files in PDF format (in case of downloading blanks in this format).

• use the Service in a manner contrary to law, good practices, or violating the personal rights of third parties,
• introduce harmful software, scripts, or codes into the Service's systems or attempt unauthorized access to the Service's resources (e.g., bypassing security measures, testing system vulnerabilities, gaining access to other people's accounts),
• use the Service automatically (e.g., using bots or scripts) without the Service Provider's consent – except for using officially provided API (if provided by the Service Provider),
• use the Service to send spam, unsolicited commercial information, or any content of an unlawful, offensive nature, violating the rights of others or good practices.

• may send information to the User about the payment problem, with a request to immediately settle the payment or change the payment method;
• will retry charging the card in a short period (e.g., after 1 day, and then after 3 days) – if such possibility results from the functionality of the payment system;
• if despite the attempts taken, the payment still cannot be processed, the Service Provider has the right to suspend the operation of paid functions (Subscription) of the User until the payment is settled. In the absence of settling the overdue fee within the deadline set by the Service Provider (not shorter than 7 days from the suspension of access), the Subscription Agreement may be considered terminated by the User with their fault with effect at the end of the paid period (or with immediate effect, if the User has already used the service beyond the paid period).

• do not violate the rights of third parties, including intellectual property rights (copyrights, trademarks) or personal rights,
• do not contain unlawful content (e.g., obscene content, defamatory, promoting violence, racial hatred, etc.) and do not constitute an act of unfair competition,
• are obtained and introduced legally, with the consent of the persons they concern (if such consent is required, e.g., when the User enters data of third parties).

• not deliver and publish content prohibited by law or contrary to good practices (which also includes the prohibition referred to in § 4 paragraph 3),
• not undertake actions that may disrupt the functioning of the Service or harm other entities (e.g., network attacks, attempts to interfere with the source code),
• use all materials obtained through the Service (e.g., downloaded pattern files) only for own (personal or internal) purposes and in accordance with the granted license – without their unauthorized distribution, copying, or resale to third parties,
• not make independent modifications, decompilations, reverse engineering, or other forms of unauthorized interference in the Service software or generated files, except for cases explicitly permitted by law or these Terms,
• refrain from any actions that could violate the reputation of the Service Provider or the Service (e.g., spreading false information about the Service) or undermine trust in the security or quality of the services provided without justified basis.

• download the generated pattern file to their device and print it or order its printing for their own use,
• use the pattern to cut fabric and sew clothing or other textile products for themselves, their family, customers, or third parties,
• make necessary modifications to the pattern resulting from individual needs (e.g., minor fit adjustments), as long as they serve to make the final product (clothing) based on this pattern.

• distribute, publish, or sell to third parties the received pattern files in digital or printed form (this applies to both paid and free sharing, except for individual sharing for the purpose of sewing a product by a tailor or workshop for the personal use of the User or the person for whom the pattern was generated),
• use the generated blanks to create wholesale product series or mass production activities without obtaining a separate license or consent – the standard license within the subscription is intended for small-scale needs (e.g., for a tailoring workshop, a designer sewing short series or individual orders),
• remove, hide, or change designations regarding copyrights, trademarks, or other information about property rights that may be contained in files provided by the Service.

• electronically – by sending an email to: hello@wearmeup.club with the note "Complaint" in the email subject or through the contact form in the Service
• in writing – by sending a letter to the Service Provider's registered office address indicated in § 1 paragraph 2 above with the note "Complaint".

• data identifying the User (first name, last name or company name, email address assigned to the Account, possibly order number or other data allowing to identify the transaction/subscription),
• description of the problem being the basis of the complaint (what the irregularity consists of, when it occurred, what are its symptoms),
• the User's expected way of resolving the complaint (e.g., re-performance of the service, refund of part of the fee, other claim) and any other information that may be relevant for considering the submission. The above recommendations are aimed at facilitating and accelerating the consideration of the complaint by the Service Provider. However, the lack of providing complete information does not constitute an obstacle to considering the complaint – if necessary, the Service Provider may ask the User to supplement the submission.

• turn to mediation or a decision to a permanent consumer arbitration court at the relevant Provincial Inspectorate of Trade Inspection,
• obtain free legal assistance from the municipal or county Consumer Ombudsman,
• use the European ODR (Online Dispute Resolution) platform available at: ec.europa.eu/consumers/odr, which is an access point for consumers and entrepreneurs in consumer disputes.
• The use of the above possibilities is voluntary and may take place only after completing the internal complaint procedure. The Service Provider informs that it is not obliged to use alternative methods of dispute resolution, unless separate regulations provide otherwise. In any case, the consumer also has the right to pursue their claims before the competent common court.

• Service provision and Account management – for the purpose of concluding and performing the agreement on the provision of electronic services (maintaining the Account, generating blanks, implementation of the Subscription), the data provided during Account registration and during the use of services is processed (e.g., email address, password in encrypted form, first and last name or company name, billing data, pattern parameters provided for generation, etc.). The legal basis is the necessity of processing for the performance of the agreement to which the User is a party (Article 6(1)(b) GDPR).
• Payment processing – in order to enable the User to make online payments for the Subscription, personal data may be transferred to the payment operator (Stripe) to the extent necessary to complete the transaction (e.g., User identifier, email address, information about the selected plan and payment amount). The legal basis is the performance of the agreement (Article 6(1)(b) GDPR); additionally, transaction data is stored for tax and accounting purposes on the basis of a legal obligation incumbent on the Service Provider (Article 6(1)(c) GDPR – e.g., storing accounting documents for the period required by regulations).
• Communication with the User – for the purpose of contacting in matters related to the implementation of services, e.g., sending system notifications, information about changes to the Terms or Privacy Policy, responses to User inquiries. The legal basis is the necessity for the performance of the agreement (Article 6(1)(b) GDPR) and the legitimate interest of the Service Provider consisting in communicating with Users as part of customer service (Article 6(1)(f) GDPR).
• Newsletter and marketing – in the case of Users who have given separate consent to receive a newsletter or commercial information, the email address will be processed for the purpose of sending such content (e.g., information about new Service features, promotions, blog articles). The legal basis is the User's consent (Article 6(1)(a) GDPR), which the User may withdraw at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before.
• Analytical purpose and Service improvement – the Service Provider may process certain data regarding how Users use the Service (e.g., server logs, IP addresses, data on activity in the Service, cookies) for the purpose of conducting statistics, analyzing the operation of the Service, detecting errors and abuses, as well as improving its services. In this regard, the legal basis for processing is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR) consisting in ensuring the security of the Service and improving the quality of the services provided.

• during Account registration, email address and password are collected (and possibly first name, last name, company name, if the User provides them)
• when purchasing a Subscription, additional data for the invoice (if the User wishes to have an invoice) and information about the payment transaction (amount, date, unique payment identifier, status) may be collected,
• while using the pattern generator, the User provides dimensions necessary to create the pattern; this data is used for one-time generation of the file and may be saved in the Account history for the User's convenience (so that they can download the pattern again or use similar parameters in the future),
• the Service may automatically record certain technical information during User visits (e.g., IP address, browser information, cookies, access time) – they are used for technical and statistical purposes, as indicated above.

• Entities processing data on behalf of the Service Provider – e.g., hosting service provider (storing data on servers), software provider used to operate the Service, companies providing IT support, mailing system provider (MailerLite – in terms of email address for newsletter delivery), payment operator (Stripe – to the extent necessary for payment processing), as well as other entities to which the Service Provider has entrusted data processing on the basis of appropriate data processing agreements (in accordance with Article 28 GDPR). These entities process data only on documented instructions from the Service Provider and cannot use them for their own purposes.
• Entities authorized by law – e.g., law enforcement agencies, courts, public administration bodies, if they make a request based on an appropriate legal basis. The Service Provider transfers data only when it is obliged to do so by legal provisions.
• Legal advisors, accountants – entities providing advisory services to the Service Provider (e.g., law firm, accounting office), to which data may be disclosed if it is necessary to use their assistance (e.g., in the case of pursuing claims or accounting control).

• Stripe – payment operator with its headquarters in the USA (Stripe, Inc.) and a subsidiary in the EU (Stripe Payments Europe, Ltd. in Ireland); payment data may be transferred to the USA. Stripe ensures an adequate level of data protection, among others, through the application of standard contractual clauses approved by the European Commission.
• Google – Google services (e.g., Google Analytics, reCAPTCHA, Gmail) may result in the transfer of certain data (e.g., IP address, cookie identifiers) to Google servers located outside the EEA (including in the USA). Google ensures compliance of transfers with the GDPR, among others, through standard contractual clauses.
• MailerLite – if the Service Provider uses the MailerLite service with servers outside the EEA (e.g., in the USA), newsletter subscribers' data (email address, name) may be transferred there. MailerLite declares compliance of the transfer with GDPR requirements. The Service Provider ensures that any transfer of data outside the EEA area takes place with respect for the requirements of Chapter V of the GDPR – i.e., on the basis of an appropriate decision finding an adequate level of protection or with the application of legally required safeguards (e.g., standard contractual clauses, binding corporate rules) and additional protection measures, if they are necessary. The User has the right to obtain a copy of the safeguards applied to the transfer – for this purpose, they can contact the Service Provider.

• data related to the Account and the use of services is stored for the duration of the agreement (having the Account), and after its termination for the period necessary to demonstrate the proper performance of the agreement and possible pursuit of claims (e.g., for the period of limitation of civil law claims) or for the period required by archiving regulations,
• data regarding the Subscription and payments (e.g., payment history, invoice data) will be stored for the duration of the agreement, and after its termination for the period required by tax and accounting regulations (generally 5 tax years counted from the end of the year in which the payment was made),
• data collected on the basis of consent (e.g., email address for marketing purposes) – until the User withdraws consent or these data lose relevance,
• technical data (logs, analytical data) – for a period of up to 2 years from their collection, unless they lose usefulness earlier, while some information may be stored longer in aggregated form (preventing identification of the person) for statistical purposes.

• right of access to data – obtaining from the Service Provider confirmation whether the User's personal data is processed, and if so – obtaining access to it and information including about purposes, sources, categories of data and recipients,
• right to rectification – requesting immediate rectification of their personal data that is incorrect, or supplementing incomplete data,
• right to erasure of data ("right to be forgotten") – requesting erasure of their personal data if the conditions provided for in Article 17 GDPR are met (e.g., the data is no longer necessary for the purposes for which it was collected, or the User has withdrawn consent for processing, and there is no other legal basis for processing),
• right to restriction of processing – requesting restriction of processing in cases specified in Article 18 GDPR (e.g., when the User questions the accuracy of data or the basis for processing – for a period allowing this to be verified),
• right to data portability – receiving in a structured, commonly used format (e.g., CSV) personal data provided to the Service Provider, which is processed on the basis of consent or agreement, and requesting the direct transmission of this data to another controller, if technically feasible,
• right to object – objecting to the processing of their personal data conducted on the basis of the legitimate interest of the Service Provider (Article 6(1)(f) GDPR), for reasons related to the User's particular situation. In the event of an objection, the Service Provider will cease such processing, unless it demonstrates the existence of valid legally justified grounds for further processing, overriding the interests, rights and freedoms of the User, or grounds for establishing, pursuing or defending claims. If the objection concerns processing for direct marketing purposes – the Service Provider will cease such processing without additional conditions,
• right to withdraw consent – to the extent that processing is based on consent (Article 6(1)(a) GDPR), the User has the right to withdraw their consent at any time, which does not affect the lawfulness of processing carried out before the withdrawal of consent,
• right to lodge a complaint – if the User considers that the processing of their personal data violates the provisions of the GDPR or other data protection provisions, they have the right to lodge a complaint with the supervisory authority. In Poland, the competent authority is the President of the Office for Personal Data Protection (ul. Stawki 2, 00-193 Warsaw).
  In order to exercise their rights, the User may contact the Service Provider (contact details indicated in paragraph 1 above). The Service Provider will respond to the request without undue delay – generally within one month of receiving it, and in case of a need to extend the deadline, it will inform about the reasons for such extension.

• by independently deleting the User Account using the available functionality of the Service (which is equivalent to termination with immediate effect on the date of Account deletion), or
• by sending a statement of termination (resignation from services) by email to the Service Provider's contact address or in writing. If the User specifies in the termination the date of termination of the agreement, it is assumed that the parties are bound by the notice period until the end of the specified date, not earlier than the duration of the current billing period; in the absence of indicating a date, termination with immediate effect is assumed.

• Termination of the agreement by the User with immediate effect results in premature termination of the paid Subscription period and loss of access to paid services at the moment of termination of the agreement. As a rule, the User is not entitled to a refund of the fee for the unused period, except for special situations considered positively in the complaint procedure or withdrawal on the terms of § 13. The User should consider whether it is not more beneficial for them to cancel the Subscription with effect at the end of the billing period (in accordance with § 7 paragraphs 7-8), instead of immediate Account deletion
• Termination of the agreement with a notice period until the end of the current subscription period (e.g., the User submits a statement that the agreement is to be terminated at the end of the month or fiscal year) is equivalent to resignation from renewing the Subscription. In such a situation, the User's Account remains active until the indicated date of termination of the agreement, and access to paid services is maintained until the end of the paid period. After the expiry of this time, the agreement expires, the Account may be deleted, and any further desire to use the services will require concluding a new agreement (registration or re-subscription).

• for important objective reasons, which include in particular: permanent cessation of running the Service or providing a given service (e.g., liquidation of activities, significant change in the profile of activities making it impossible to continue providing existing services), force majeure preventing the performance of the agreement for a period of at least 30 days,
• violation by the User of important provisions of the Terms or legal regulations, which despite a call to cease violations and setting an additional deadline still recur or are unresolved (e.g., continuous delivery of unlawful content, attempts to break into the system, payment abuses),
• the User being in arrears with payments for the Subscription despite a prior call for payment with setting an additional deadline of at least 7 days. Termination by the Service Provider is made by sending a statement (by email to the User's address or in writing) indicating the reason and date of termination of the agreement. If possible, the Service Provider will try to apply an appropriate notice period (not shorter than 7 days), so that the User can secure their data. In cases of gross violations or acting to the detriment of the Service Provider or other Users, the Service Provider may terminate the agreement with immediate effect (without a notice period).

• The User's Account is deleted or deactivated, and the User loses access to the Service's services (including any unused functionalities). All data collected in the Account will be deleted from the Service Provider's operating systems, except for data that the Service Provider is entitled or obliged to store for a longer period (in accordance with § 11 paragraph 6, e.g., data necessary for accounting purposes, archiving, pursuing claims).
• If the termination of the agreement occurs before the end of the paid subscription period for reasons attributable to the Service Provider (e.g., termination of the agreement by the Service Provider without the User's fault, interruption of service provision due to permanent failure) – the User is entitled to a refund of the unused part of the subscription fee for the period from the date of termination of the agreement to the end of the previously paid period. The refund will be made within 14 days from the date of termination of the agreement, to the bank account or card from which the payment was made (if possible), or in another way agreed with the User.
• If the termination of the agreement occurs for reasons attributable to the User (e.g., voluntary deletion of the Account before the end of the period, violation of the Terms resulting in termination of the agreement with immediate effect, failure to pay for the next period) – the User is generally not entitled to a refund of fees for the unused period, unless otherwise provided by mandatory legal provisions or an individual decision of the Service Provider taking into account the User's situation (e.g., through a complaint).
• After termination of the agreement, the User should cease using content and services obtained within the Service that were not publicly available. This applies in particular to access to resources intended only for logged-in Users. However, termination of the agreement does not oblige the User to destroy or delete pattern files that were legally downloaded during the term of the agreement – the User retains the right to use previously obtained materials within the granted license (in accordance with § 9 paragraphs 3-4), unless the termination of the agreement resulted from effective withdrawal from the agreement on the terms of § 13 (then the agreement is considered not concluded, and the User should refrain from further using the obtained content).

• by sending an email to the address: hello@wearmeup.club,
• by letter to the Service Provider's registered office address

The consumer may use the model withdrawal form, which constitutes Appendix No. 2 to the Consumer Rights Act, but this is not mandatory. To meet the deadline, it is sufficient to send the statement before its expiry. After receiving the statement, the Service Provider will send the consumer confirmation of receiving the information about withdrawal (e.g., by email)

Taking into account the above provisions, at the time of purchasing the Subscription (service of access to digital content), the consumer will be asked to consent to the immediate commencement of provision (activation of access) before the expiry of the withdrawal period and to acknowledge that in connection with this they will lose the right to withdraw from the agreement after obtaining full service. If the consumer gives such consent and actively starts using the service (e.g., by generating the first custom blanks) before the expiry of 14 days, they will lose the right to withdraw from the agreement in relation to this service.