Terms of Service
These Terms of Service ("Terms") govern your access to and use of the online service made available by Byte Imagination Roger Zacharczyk (trading as Byte Imagination; "we", "us", "our" or "Provider") through the domain on which these Terms are published (the "Service").
By creating an account, generating an API key, or otherwise using the Service, you ("Customer", "you") agree to these Terms. If you do not agree, do not use the Service.
1. Provider identity
- Legal name: Byte Imagination Roger Zacharczyk
- Registered seat: Ludwika Kondratowicza 59/21, Warsaw, Poland
- Tax ID: PL7551870628
- Contact: contact@byteimagination.com
2. Definitions
- API — the application programming interface exposed by the Service.
- API Key — a secret credential issued to you that authenticates calls to the API.
- Customer Data — data you submit to the Service through the API or web panel.
- Documentation — the user-facing documentation published on the Service's domain.
- Merchant of Record or MoR — the entity that sells the Service subscription to you and acts as the seller for tax and consumer-protection purposes. The MoR is Paddle.com Market Ltd (United Kingdom). See Section 5.
- Additional Terms — terms that supplement these Terms with provisions specific to the Service, published alongside these Terms on the Service's domain. Additional Terms form part of these Terms.
- Subscription — your right to use the Service under a paid plan, governed by Section 6.
3. Eligibility and accounts
- You must be at least 18 years old and able to enter into a binding contract under the law of your jurisdiction.
- You must provide accurate registration information and keep it current.
- You are responsible for all activity under your account and for safeguarding your API Key. You must notify us at contact@byteimagination.com immediately upon discovering any unauthorised use.
- One natural person or one legal entity per account; account sharing across organisations is prohibited.
- The Service, its documentation, and these Terms are offered in English. By creating an account, you confirm that you have sufficient knowledge of the English language to read, understand, and evaluate these Terms and the documents they reference. This confirmation does not limit any mandatory right you have under the law of your country of habitual residence as described in Section 17.
3a. Customer category: business vs consumer
The Service is offered to both businesses (B2B) and consumers (B2C). Some provisions of these Terms apply differently depending on your category:
- Business Customer means a natural or legal person who acquires the Service wholly or mainly for purposes related to that person's trade, business, craft, or profession, and who declares so at checkout (typically by providing a company name and, where available, a tax identification number).
- Consumer Customer means a natural person who acquires the Service wholly or mainly for purposes outside that person's trade, business, craft, or profession.
Your category is determined at checkout based on the information you provide. You may not retroactively change category after a Subscription has begun. The Additional Terms may further refine how each category is treated.
Where a clause of these Terms differs by category, the difference is stated explicitly. In all other clauses, the same rule applies to both categories.
Mandatory consumer rights apply. Nothing in these Terms limits or excludes any right you have as a Consumer Customer under mandatory law of your country of habitual residence.
4. Service description; no SLA
- The Service is provided on an as-is, as-available basis. We do not guarantee uninterrupted availability, error-free operation, specific throughput, or fitness for any particular purpose beyond what is expressly stated in these Terms or in the Documentation.
- Quotas, rate limits, and feature scope per plan are described on the Service's pricing page and in the Additional Terms.
- We may modify, add, or remove features at any time. Material reductions in features that affect your active Subscription will be notified at least 30 days in advance.
- A formal Service Level Agreement ("SLA") is not provided on standard self-service plans and is available only under separately negotiated Enterprise agreements.
5. Merchant of Record; payment
- All payments for Subscriptions are processed by Paddle.com Market Ltd, registered in England and Wales, acting as the Merchant of Record. Paddle is the seller of record to you for tax purposes and for consumer-protection purposes in the relevant jurisdiction.
- Paddle's Buyer Terms and refund handling apply to the transaction between you and Paddle.
- These Terms govern your use of the Service itself and the supply relationship between you and us.
6. Subscriptions, fees, taxes
- Subscriptions are sold per plan as published on the Service's pricing page. Prices are stated in EUR or your local currency as displayed by Paddle at checkout.
- Subscriptions billed monthly or annually in advance. Annual subscriptions are non-cancellable for refund within the paid period; the Subscription continues until the end of that period and then does not renew if cancelled.
- Trial periods, where offered, are described on the pricing page. A valid payment method is required to start a trial. Conversion to a paid Subscription occurs automatically at the end of the trial unless cancelled before then.
- Taxes (VAT, GST, sales tax) are calculated, collected, and remitted by Paddle according to your jurisdiction.
- See the Refund Policy for refund handling.
- Non-payment and suspension. If your subscription becomes past due (a payment attempt fails and is not promptly recovered by Paddle's retry process), your API access continues during a short grace period. If payment is not recovered by the end of the grace period, API access is suspended until the subscription returns to good standing. Suspension does not constitute termination; your account and Customer Data are retained and access is restored automatically once the payment issue is resolved.
7. Quotas, fair use, overage
- Each plan has a quota measured in the unit defined for the Service (as further described in the Additional Terms). Calls in excess of your quota are rejected with an error response and are not billed.
- What counts toward your quota. A call counts against your quota if it was made with a recognised API Key, passed quota and rate-limit checks, and reached the Service's request handling — regardless of whether the Service's response was a success or a validation error. Calls that fail authentication (missing or unrecognised API Key, no active Subscription), calls rejected because your quota is already exhausted, calls rejected by the per-second rate limit, and calls that fail due to a fault on our side do not count against your quota.
- Sustained or systematic attempts to circumvent quotas, including by creating multiple accounts, sharing API Keys, or rotating IPs, constitute a breach of these Terms and the Acceptable Use Policy.
8. Acceptable use
You agree to comply with our Acceptable Use Policy, which is part of these Terms.
9. Customer Data; ownership and licence
- You retain all rights in Customer Data.
- You grant us a non-exclusive, worldwide, royalty-free licence to host, process, transmit, display, and otherwise use Customer Data solely as necessary to provide the Service, support, security, and to comply with law.
- You represent and warrant that you have all rights necessary to submit Customer Data to the Service and that Customer Data does not infringe any third-party rights or violate applicable law.
- We process personal data contained in Customer Data as a processor on your behalf under the Data Processing Agreement.
10. Confidentiality
Each party will protect the other party's non-public information disclosed under these Terms with the same degree of care it uses for its own confidential information, and at least reasonable care. This obligation does not apply to information that is or becomes publicly available without breach of these Terms, was known to the recipient before disclosure, is independently developed, or is rightfully obtained from a third party.
11. Customer warranties and indemnification
- You represent and warrant that (a) your use of the Service will comply with these Terms and applicable law; (b) Customer Data is lawful and you have all necessary rights and consents to submit it; (c) you will not use the Service to send unlawful, harmful, infringing, or harassing content.
- You will indemnify, defend, and hold us harmless against any claim, damage, loss, or expense (including reasonable legal fees) arising out of your breach of the warranties in this Section, your breach of the Acceptable Use Policy, or any claim by a third party in connection with Customer Data or your use of the Service.
12. Disclaimer of warranties
To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or quiet enjoyment. We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that any data will not be lost.
This disclaimer does not apply to warranties that cannot be excluded under mandatory law of your country of habitual residence.
13. Limitation of liability
To the maximum extent permitted by law:
- Indirect damages excluded. Neither party is liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, including loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill, or business interruption, arising out of or in connection with these Terms or the Service.
- Cap on total liability — Business Customers. For a Business Customer, our total aggregate liability arising out of or relating to these Terms, the Service, or your use of it, regardless of the form of action and whether in contract, tort, statute, or otherwise, will not exceed the fees paid by you to Paddle for the Service in respect of the calendar month in which the event giving rise to the claim occurred. The Additional Terms may further reduce this cap (for example by expressing it as a service credit) and prevail to the extent of the conflict.
- Cap on total liability — Consumer Customers. For a Consumer Customer, our total aggregate liability arising out of or relating to these Terms, the Service, or your use of it will not exceed the lower of (i) the total amount paid by you to Paddle for the Service in the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred euros (€100). This cap does not limit any liability that cannot be limited under mandatory consumer-protection law.
- Sole remedy for unavailability. For any claim arising specifically out of unavailability or downtime of the Service, your sole and exclusive remedy is a service credit equal to the pro-rated fees for the period of unavailability, applied against your next invoice. This service credit counts against (and is not in addition to) the aggregate cap above. No additional damages, refund in cash, or compensation of any kind is payable for unavailability except where required by mandatory law.
- Sole remedy. Subject to the preceding paragraphs, the remedies available under this Section are your sole and exclusive remedy for any liability arising out of these Terms or the Service.
- Duty to mitigate. Each party must take reasonable steps to mitigate any loss it suffers. Loss that could reasonably have been avoided is not recoverable.
The limitations in this Section do not apply to (a) liability for intentional misconduct or gross negligence; (b) liability that cannot be limited or excluded under mandatory law of your country of habitual residence; (c) liability under Article 82 of the GDPR.
13a. Notice of claim and opportunity to cure
Before commencing any legal action arising out of or related to these Terms or the Service, the claimant must give the other party written notice (email to contact@byteimagination.com is sufficient) describing the alleged breach or loss and the remedy sought, and allow the other party thirty (30) days to cure or to propose a reasonable resolution. This requirement does not apply to claims for injunctive relief, claims based on intellectual-property infringement, or where mandatory law allows immediate court action without prior notice. For Consumer Customers, this requirement is a contractual courtesy and does not bar the customer from contacting consumer-protection authorities or alternative dispute-resolution bodies at any time.
14. Term and termination
- These Terms apply from your first use of the Service and continue until terminated.
- Termination for convenience. Either party may terminate the relationship at any time on thirty (30) days' written notice (email is sufficient). Cancellation of an active Subscription before the end of the paid period does not entitle you to a pro-rata refund; access continues until the period ends.
- Immediate self-service closure. Notwithstanding the 30-day notice above, you may close your account immediately at any time using the self-service deletion option in your account settings. Deletion is immediate and irreversible: your access ends, your API Keys are revoked, any active Subscription is cancelled at our payment processor at the same moment, and your Customer Data cannot be recovered afterward. Records we are legally required or permitted to retain are kept as described in the Privacy Policy (see "Effect of termination" below).
- Termination for cause. We may suspend or terminate your access immediately, without notice, if we reasonably determine that you have materially breached these Terms or the Acceptable Use Policy, or if continued provision of the Service would expose us to legal or regulatory risk.
- Data export. You may export your Customer Data at any time while your account is active via the self-service export mechanism in your account settings, in a structured, commonly used, machine-readable format (typically JSON or CSV). Exporting before initiating account closure is recommended, as deletion is immediate and we cannot recover Customer Data after deletion.
- Effect of termination. Upon termination your access ends, your API Keys are revoked, and your Customer Data is deleted immediately. Certain records are retained after closure where we are legally required or permitted to keep them — billing records under accounting law and proof-of-acceptance records for the defence of legal claims — as described in the Privacy Policy and DPA. Sections that by their nature survive (Confidentiality, Indemnification, Limitation of Liability, Governing Law) survive termination.
- Discontinuation of the Service. We may discontinue the Service at any time on at least thirty (30) days' written notice. In that case, the export window in this Section applies, and Paddle will refund any unused prepaid period for active Subscriptions in accordance with its Buyer Terms.
15. Claim window
Any claim arising out of or related to these Terms or the Service must be brought within thirty (30) days after the event giving rise to the claim becomes known to you. Claims brought after this period are barred. This Section does not extend or limit any mandatory statutory limitation period that applies for the benefit of a consumer.
16. Modifications to these Terms
We may modify these Terms from time to time. Material changes will be notified by email at least thirty (30) days before the effective date. To continue using the Service after the effective date, you must explicitly accept the updated Terms when prompted in the Web Panel. The same gating applies to API access: until acceptance is recorded through the Web Panel, API requests will be rejected with an error response indicating that legal acceptance is required. If you do not accept by the effective date, access to the Web Panel and the API will be suspended until you do. If you do not agree to the updated Terms, you may terminate under Section 14 before the effective date — without the thirty (30) day notice period otherwise required by Section 14 — and request export of your Customer Data; nothing in this Section limits any mandatory rights you have as a Consumer Customer under the law of your country of habitual residence.
17. Governing law and venue
- These Terms are governed by the law of the Republic of Poland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
- For disputes with a Customer that is not a consumer, the courts competent for the registered seat of the Provider have exclusive jurisdiction.
- Disputes with consumers are subject to the mandatory rules of the consumer's country of habitual residence and to the jurisdiction rules of EU Regulation 1215/2012 (Brussels I bis) where applicable.
- EU consumers may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
18. Consumer rights (B2C)
Consumer rights vary by country. The Service is a digital service supplied without a tangible medium and made available to you immediately after your subscription is activated.
If you are a consumer in the European Union:
- You have a fourteen (14) day right of withdrawal from a distance contract under EU consumer-protection law. Because Paddle is the Merchant of Record (see Section 5), the withdrawal procedure — including any consent to begin performance during the withdrawal period and the corresponding acknowledgement that the right of withdrawal may be lost once the Service has been fully performed — is operated by Paddle in accordance with Paddle's Buyer Terms and applicable consumer-protection law.
- Where you withdraw within the withdrawal period and have already begun to use the Service, you may be charged an amount proportionate to the use you have made of the Service up to the point of withdrawal, in accordance with Paddle's refund process.
If you are a consumer outside the European Union:
- Where mandatory withdrawal, cancellation, cooling-off, or similar rights exist under the law of your country of habitual residence, they apply unaffected by these Terms, and any related refunds are operated by Paddle in accordance with applicable law.
This Section does not limit any other mandatory consumer right under the law of your country of habitual residence.
19. Additional Terms
The Additional Terms published alongside these Terms on the Service's domain form part of these Terms. In case of conflict between these Terms and the Additional Terms, the Additional Terms prevail to the extent of the conflict.
20. Miscellaneous
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all assets.
- Entire agreement. These Terms, together with the Privacy Policy, DPA, AUP, Refund Policy, Cookie Policy, and Additional Terms, constitute the entire agreement between the parties regarding the Service.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
- No waiver. A failure to enforce a right is not a waiver.
- Notices. Notices to us must be sent to contact@byteimagination.com. Notices to you may be sent to the email associated with your account.
- Force majeure. Neither party is liable for failure to perform due to circumstances beyond its reasonable control.
- Language. These Terms are concluded in English. Translations, if any, are for convenience only; the English version controls.