General provisions
This document has been prepared in Polish and English. In the event of any discrepancy between the language versions, the Polish version shall prevail, unless mandatory law provides otherwise.
These Terms govern the electronic provision of ContentDeliver services by Adam Płotkowski, a sole trader, VAT/tax identification number PL9691618924, ul. Domeyki 19, 44-105 Gliwice, Poland, hereinafter the “Service Provider”. The Service Provider may be contacted at support@contentdeliver.app.
ContentDeliver is a SaaS service intended exclusively for businesses. Consumers may not enter into the Agreement. By registering, the User represents that they act in connection with their business or professional activity and are authorised to act for the stated organisation.
Use of the Service requires an Internet-enabled device, a current browser and, for publishing to third-party platforms, active accounts and permissions required by those platforms.
Definitions
Service – functionalities available at contentdeliver.app, including distribution of marketing materials, cooperation between manufacturers and partners, scheduling and executing publications, and displaying publication history and statistics.
Client – a business that created a company account and entered into the Agreement. User – a natural person using the Service as a business or on behalf of a Client. Manufacturer – a Client providing materials. Partner – a business or its representative using manufacturers’ materials, generally free of charge.
Materials – texts, graphics, photographs, videos, documents, links, metadata and other content submitted to the Service. Third-Party Platform – including Facebook, Instagram, Stripe, Google or LinkedIn and any other service outside the Service Provider’s control.
Trial Period – a free period stated in the Pricing for a Plan. Plan – a functional variant of the Service. Pricing – the current information on Plans, prices, limits and trial periods published in the Service.
Formation and duration
The Agreement is formed when the company account is successfully created and these Terms are accepted. Creation of a User account before completion of company setup does not guarantee formation of the Agreement or activation of a Plan.
The Agreement remains in force while the Service is used. For a paid Plan, the billing period is monthly or annual as selected by the Client and renews automatically unless cancelled.
The Client must provide true, complete and current information. The Service Provider may request proof of business status, an EU VAT number or the authority of a person acting for the company.
The User is responsible for keeping login credentials confidential, actions performed through the account and promptly reporting suspected unauthorised access.
Scope of the Service
The Service enables Manufacturers to add Materials, invite staff and Partners, define editing rules, and schedule distribution and publication. A Partner may download Materials manually, approve publications or, at its option, permit automatic publications from a selected Manufacturer.
Connecting Facebook or Instagram accounts is optional. A Partner may use Materials without connecting social accounts. Publication capabilities depend on permissions granted to the Third-Party Platform.
ContentDeliver does not currently create content for the Client, provide a Marketing Studio service, moderate Materials or perform legal, industry or factual verification of their content.
Statistics are displayed only to the extent made available by Third-Party Platforms and may be delayed, incomplete, changed or unavailable.
Trial, prices and payments
The Trial Period and Plan scope are stated in the Pricing. No card is required for the Trial Period. After it ends, a paid Plan may begin only if the Client has added a payment method and successfully activated the subscription.
Prices for Polish Clients are presented gross unless the Pricing states otherwise. For businesses in other EU Member States, VAT is accounted for under applicable rules, including reverse charge where applicable and where a valid EU VAT number has been provided and verified.
Payments are processed by Stripe. Card details are entered on Stripe’s website and are not stored by ContentDeliver. The Client authorises Stripe to charge the selected payment method on a recurring basis.
Failed payment may result in immediate restriction of functionality. The Service Provider may terminate the Agreement or start company-account deletion after at least 14 days of arrears, after allowing the Client to cure the default, unless circumstances justify an earlier block.
Fees for a commenced billing period are non-refundable unless mandatory law provides otherwise. Cancellation takes effect at the end of the paid period and access remains active until then, subject to blocking for other reasons.
Changing a Plan may change limits, functionality and price. A downgrade may take effect from the next billing period where an immediate change would breach data or account limits.
Client obligations and Materials
The Client warrants that it holds all rights, licences, consents and permits necessary to use Materials, make them available to Partners and publish them on Third-Party Platforms.
Materials remain the property of the Client or relevant rights holders. The Client grants the Service Provider a non-exclusive, time- and territory-limited licence necessary to host, process, technically copy, distribute and transmit Materials for performance of the Agreement.
The Service may not be used for unlawful content, infringement of third-party rights, misleading content, malware, spam, phishing, circumvention of security or unauthorised publication to third-party accounts.
A Client operating lawfully in a regulated industry is responsible in particular for required permits, age restrictions, mandatory warnings, advertising content, audience selection and compliance with law and Third-Party Platform rules.
The Service Provider may remove, hide or block a Material or account without prior notice where there is reasonable suspicion of breach of law, third-party rights, security, these Terms or Third-Party Platform rules. Failure to act does not constitute approval of a Material.
Automatic publications and Third-Party Platforms
The Partner independently decides whether publications from a Manufacturer require manual approval, may be automatic or will not be performed through an integration. Enabling automation authorises publication according to the Partner’s and Manufacturer’s settings.
The Client and Partner must verify content, schedule, target account, settings and effects of automation. The Service Provider is not liable for publication consistent with settings selected by an authorised User, even if the setting was unintended.
Meta and other Third-Party Platforms may change APIs, permissions, limits, formats, rules and availability without the Service Provider’s involvement. A publication may fail, be removed, restricted or delayed.
ContentDeliver is not part of, a partner of or representative of Meta, Google, LinkedIn or Stripe unless expressly stated otherwise.
Availability, maintenance and data
The Service is provided without a guaranteed SLA. The Service Provider may perform maintenance, updates and changes and, in emergencies, interrupt access without prior notice.
The Service Provider takes reasonable measures to protect data, but the Client should retain its own copies of Materials and information whose loss could have material consequences. The Service is not intended to be the Client’s sole data archive.
File backups may be retained for up to 30 days. Data deleted from active systems may remain in secured backups until rotational overwrite and will not be restored to ordinary use unless necessary for disaster recovery.
The Client should report errors promptly. A report does not guarantee a specific correction time or restoration of a publication rejected by a Third-Party Platform.
Liability
To the fullest extent permitted in business-to-business relations, the Service Provider is not liable for loss of profit, revenue, customers, reputation, reproducible data, or indirect, consequential, special or downtime-related loss.
The Service Provider is not liable for: Client or Partner Materials and actions; third-party rights infringements; missing permits; incorrect data or settings; automatic publications performed according to configuration; acts, failures, restrictions or changes of Third-Party Platforms; Internet connectivity; User devices and software; force majeure; or business decisions based on statistics.
The Service Provider’s aggregate liability arising from the Agreement is limited to the gross amount payable for one monthly period of the Plan in effect at the time of the event. For an annual Plan, the limit equals one twelfth of the annual fee. During a Trial Period and for a free account, damages liability is excluded to the fullest extent permitted by law.
The limitations do not apply to liability that cannot lawfully be excluded or limited under mandatory law, including damage caused intentionally.
A claim should be notified without undue delay after discovery, with a description, evidence and mitigation measures. The Client must cooperate in investigating the event.
Suspension, termination and deletion
The Client may cancel the subscription in the panel. The Service Provider may suspend the account or terminate immediately for material breach of these Terms, law, security, third-party rights, non-payment or conduct threatening the Service.
A User may request deletion of their account in account settings. The company owner may request deletion of the company in company settings. The process requires confirmations, includes a seven-day grace period and becomes irreversible once the deletion phase begins.
A company owner may not delete their own User account without first transferring ownership to an eligible person or requesting deletion of the entire company.
Company deletion includes Materials, files, thumbnails, schedules, integrations, invitations and Partner relationships. Partner accounts working with other Manufacturers are not deleted. Accounting data, acceptance evidence and information needed for claims may be retained in limited or anonymised form.
Operational data are deleted or anonymised generally no later than 30 days after termination or an effective deletion request, taking account of the seven-day grace period, legal obligations and backup rotation of up to 30 days.
Complaints
Complaints should be sent to support@contentdeliver.app with Client details, a description, event date, requested resolution and available evidence. Passwords and tokens must not be sent.
The Service Provider responds within 30 days. The period may be extended where information from a Third-Party Platform or additional Client data is required; the Client will be informed of the reason for delay.
A complaint does not suspend payment of undisputed amounts.
Changes to the Terms
The Service Provider may amend these Terms for valid reasons, including changes in law, functionality, pricing, billing models, security, technology, Third-Party Platforms or Service organisation.
The Client will be informed of changes affecting rights or obligations at least 14 days before they take effect. Changes required by law, security, abuse prevention or urgent Third-Party Platform requirements may take effect earlier or immediately.
If the Client does not accept a change, it may stop using the Service and cancel before the effective date. Continued use afterwards constitutes acceptance, unless law or the in-app mechanism requires express re-acceptance.
Governing law and jurisdiction
The Agreement is governed by Polish law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute will be resolved by the court having territorial jurisdiction over the Service Provider’s registered place of business in Gliwice, unless mandatory law provides otherwise.
If any provision is invalid, the remaining provisions remain effective and the invalid provision is replaced by a lawful solution closest to its purpose.