TERMS OF SERVICE OF POSTANA.AI

Introduction

  1. These Terms of Service define the rules for using the services provided by the postana.ai platform by its Users.
  2. The services of the platform are provided by ELERNA GROUP limited liability company based in Kraków.
  3. The Service Provider may establish detailed rules and scope of specific services in additional regulations.
  4. The Terms of Service may be updated, of which the Users will be informed each time on the postana.ai website.
  5. The Terms of Service are available on the postana.ai website at the address postana.ai/terms and are provided to the User each time before concluding the Agreement. Before concluding the Agreement, the User is obliged to confirm that they have read its content.

§1 - Definitions

The terms used in these Terms of Service mean:

§2 – Rules for Using the Platform

  1. The User declares that all registration information and personal data provided to the Platform Administrator are true, accurate, and complete and commits to keeping them that way throughout the duration of the Agreement.
  2. The User may not use the Platform or information about Product availability to engage in any activity that violates applicable law.
  3. Before using the Platform’s services, the User declares that they have read and accept these Terms of Service.
  4. The Platform Administrator processes payments through ELERNA GROUP sp. z o.o. (ul. Chmieleniec 6/9, 30-348 Kraków), registered in the Polish National Court Register under KRS: 0001098308, NIP: 6762666516, REGON: 528290584.
  5. To place an order through the Platform and use it, it is necessary to have an internet-enabled device capable of browsing websites and a keyboard or other device to correctly complete online forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari, etc.
  6. The postana.ai website uses a security certificate – a secure communication encryption protocol.
  7. It is prohibited to share User Account data with third parties or to create multiple Accounts by one User.
  8. The Platform Administrator may terminate the electronic service agreement and delete the User’s Account or deny the right to place Orders with immediate effect for important reasons, especially in the event of a significant and flagrant violation of these Terms, such as:
    • using the Platform or Account contrary to legal provisions, the Terms, or accepted standards,
    • behavior disruptive to other Clients or the Administrator,
    • copying the Administrator’s Products or sharing them with third parties without permission,
    • providing false, inaccurate, or third-party-violating data,
    • attempting to breach the Platform or Account’s security systems to gain unauthorized access.
  9. As a result of Account deletion, the Client/User loses access to all Products and resources previously available on their Account.
  10. The User agrees to use the Platform appropriately, in accordance with the law, and guarantees not to violate any local, national, or international laws or third-party rights (including trademarks, trade secrets, copyrights, or other intellectual property rights). In particular, the User agrees not to use the Platform to:
    • upload, post, email, transmit, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of someone’s privacy, hateful, or otherwise objectionable in terms of race, ethnicity, or otherwise,
    • harm minors in any way,
    • impersonate any person or entity, including Platform staff, or falsely state or misrepresent affiliations,
    • redirect to another website,
    • record and share Platform content with third parties,
    • share content that the User does not have the legal or contractual right to share (such as confidential business information),
    • share content that infringes on intellectual property rights or confidentiality rights of third parties,
    • share unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other forms of solicitation,
    • share content containing viruses or harmful computer code,
    • interfere with or disrupt the Platform, servers, or connected networks,
    • stalk or harass other Users,
    • collect or store personal data of other Users in connection with prohibited conduct or to promote unrelated websites/services.
  11. If the Administrator detects prohibited activity, especially unauthorized sharing of Paid Content, the Administrator may seek compensation from the User equal to the product of the number of unauthorized views and the Product’s price.
  12. The User is obliged to read and comply with the terms and conditions of the Websites that User will manage/perform analytics via the Application. In particular:

§3 – Placing and Fulfilling Orders on the Platform

  1. All prices of services offered in the Store are gross prices (including VAT) and are expressed in US dollars.
  2. The Platform offers two types of materials and products:
    • Free – accessible at no cost to any User with an active User Account.
    • Paid – available only to Users who have purchased a specific Product through the Platform.
  3. Access to free materials and products requires the User’s consent to receive marketing communications.
  4. Access to paid features and products on the Platform is available only through the Platform, by filling out the Order Form (after selecting the Product and following the technical instructions and messages displayed on the Platform) and making payment for the amount specified for the selected Product.
  5. By filling out the Order Form for the first time, the User automatically creates a User Account.
  6. A User Account may also be created before filling out the Order Form. This is free of charge and is done by clicking the “Create a free account” button and entering personal and login details.
  7. Logging into the User Account requires entering the login (email address) and password provided during registration.
  8. The User may delete their User Account at any time, without providing a reason and without incurring any fees, via the “My Account” panel. By deleting the Account, the Client acknowledges that they will permanently lose access to all previously purchased and saved Products.
  9. The User’s username and password associated with the Account are intended for personal use only and must be treated as Confidential Information. The User is responsible for any use (including unauthorized use) of their username and password. In case of loss or theft of login credentials or suspected unauthorized access, the User must immediately notify Customer Support at: postanasoftware@gmail.com.

§4 – Conclusion of the Sales Agreement

  1. When filling out the Product Order Form, the User is required to provide accurate personal and payment information, including: full name, email address, credit card details, etc.
  2. To complete the Order process, the User must accept these Terms of Service and the Platform’s Privacy Policy. For some Products, as explicitly indicated by the Seller, the User may also need to accept additional terms or separate regulations governing the acquisition of that particular Product or digital service.
  3. The ordering process is completed upon receipt of payment by the Seller for the ordered Product.
  4. The Client must pay for the ordered Product in advance using one of the payment methods provided by the Platform (e.g., ApplePay, Blik, credit card via Stripe).
  5. Once payment is received by the Seller, the essential terms of the Sales Agreement are recorded, secured, and confirmed to the Client by sending an email confirmation and granting access to the purchased Paid Content, subject to section 6 below.
  6. For certain Products, access to Paid Content may be granted for a limited time (e.g., for a monthly subscription), as outlined in the schedule and dates provided in the Product offer.
  7. Delivery of the ordered electronic Products (digital services) is free of charge and included as part of the User Account service.
  8. The Seller reserves the right to reject an Order if:
    • the Order Form is filled out incorrectly or incompletely (missing required information),
    • payment is not received within 14 days of placing the Order (in the case of selecting an electronic payment method and failing to complete it).
  9. To request a VAT invoice for an Order, the Client must send an email to: postanasoftware@gmail.com.

§5 – Right to Withdraw from the Agreement

  1. The right to withdraw from an agreement concluded off-premises or at a distance does not apply to the Consumer in the case of Products provided by the Seller under agreements for:
    • the supply of digital content (e.g., online courses, access to recordings, etc.) not supplied on a tangible medium, for which the Consumer is required to pay a price, if the Platform has begun performance with the Consumer’s express prior consent, and the Consumer has been informed before the start of the performance that they will lose the right to withdraw once the Platform has fulfilled the agreement. Such consent can be given during the purchase process by submitting a separate declaration of intent in electronic form by checking the appropriate checkbox regarding the Seller’s Information Obligations;
    • the provision of services, for which the Consumer is required to pay a price, if the Platform has fully performed the service with the Consumer’s express and prior consent, and the Consumer was informed before the service began that, upon its fulfillment, they would lose the right to withdraw and acknowledged this. Such consent can be given during the purchase process by submitting a separate declaration of intent in electronic form by checking the appropriate checkbox regarding the Seller’s Information Obligations.
  2. In other cases where the User has a right of withdrawal, it is sufficient to send the declaration before the withdrawal period expires. The declaration of withdrawal must be sent via email to: postanasoftware@gmail.com.
  3. The declaration of withdrawal should include the following:
    • Full name of the User,
    • Email address associated with the User Account,
    • Name of the product,
    • Bank account number for the refund
  4. In the case referred to in section 2 above, the Seller is obliged to promptly, but no later than within 14 days of receiving the Customer’s withdrawal declaration, refund all payments made by the Customer.

§6 – Personal Data Protection

Information regarding the protection of the User’s personal data is included in the Platform’s Privacy Policy, which constitutes an appendix to these Terms of Service. The current version of the Privacy Policy is available on the website at: Postana.ai/privacyPolicy.

§7 – Complaints

  1. The services are provided "as is", without any warranties or guarantees regarding performance or availability.
    • The services will meet the user’s expectations or requirements
    • The services will be uninterrupted, timely, secure, or free from errors;
    • Any information obtained through the services will be accurate or reliable;
    • Any defects in the operation or functionality of the application, mobile application, website, or related software will be corrected.
  2. The User may file a complaint regarding the services provided within the Platform.
  3. Complaints may be submitted electronically by sending a message including the User’s first name, last name, and a description of the issue to the following email address: postanasoftware@gmail.com.
  4. The Platform processes complaints within 14 days of receiving them and responds electronically to the email address from which the complaint was submitted.
  5. The Platform Administrator declares that they will make every effort to ensure the proper quality of service and will promptly correct any issues or errors reported in the functioning of the Platform.
  6. The User has the right to report errors, malfunctions, and other feedback regarding the operation of the Platform that could improve the quality of the services provided, by contacting the Administrator at: postanasoftware@gmail.com.

§8 – Final Provisions and Contact Information

  1. The Platform Administrator reserves the right to amend these Terms of Service at any time.
  2. Any comments, questions, or concerns regarding the operation of the Platform may be directed to the following email address: postanasoftware@gmail.com.
  3. The current version of the Terms of Service is always available to the User on the postana.ai website.

§9 – Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Poland. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

These Terms of Service enter into force on: April 15, 2025.

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