Terms of Service – Spreenity

Basic Information

Version: 2026-04-27
Effective date: 2026-04-27
Applies to: European Union (including Poland)
In case of any discrepancies between language versions, the Polish version (PL) shall prevail.

1. Operator

The operator of the Spreenity application is:

JMSOFT Jarosław Maladyn
Sole proprietorship
Address: 41-200 Sosnowiec, ul. Sielecka 24/48, Poland
VAT ID: 6443323082
Contact e-mail: support@spreenity.pl

(hereinafter: the “Operator”)

These Terms govern the use of the Spreenity web application (the “Application”). The Terms are made available to the User before the agreement is concluded and form an integral part of it.

2. Definitions

User – a natural person or legal entity that has created an Account in the Application.
Consumer – a natural person using the Application for purposes not directly related to their business or professional activity.
Business User – a User using the Application in connection with their business or professional activity.
Account – an individual User account created upon registration.
Service – digital services provided in the SaaS (Software as a Service) model.
Trial – a one-time, 14-day free trial period available only for the Starter and Growth Plans.
Plan – a paid subscription tier of the Service offered by the Operator at a given time (currently: Starter, Growth, Pro, Premium).
External Services – services and platforms belonging to third parties, in particular Meta (Facebook, Instagram), Google, TikTok, OLX, as well as infrastructure and AI providers used by the Operator (Stripe, OpenAI, Google Cloud Platform).
OLX Import – a feature enabling the import of OLX listing content into the Application Composer solely as source material for further editing by the User; OLX Import does not constitute publishing from the Application to OLX.
AI Marketing – a feature for generating content suggestions (captions and hashtags) using an external artificial intelligence provider (OpenAI), available in selected Plans.
Composer – the interface for creating and configuring posts available in the Application.

3. Conclusion of the Agreement

The agreement for the provision of electronic services is concluded upon: (1) creation of an Account and (2) acceptance of the Terms and the Privacy Policy.
The agreement is concluded for an indefinite period.
Registration in the Application is voluntary and free of charge.
The Operator reserves the right to temporarily disable registration for technical or organisational reasons.

4. Nature and Scope of the Service

4.1. Service model

The Service is provided in the SaaS model on an “as is” basis. The Operator exercises due care to ensure the continuity and quality of the Service, but does not guarantee uninterrupted availability or the effective operation of External Services.
The Operator may temporarily restrict access to the Application or selected features for technical, operational, legal reasons, or due to requirements imposed by third parties, including External Services, without any right to a refund on that basis, unless mandatory law provides otherwise.
The Operator may also change, suspend, withdraw, or replace all or part of the Service, including particular features, integrations, Plans, or modules, for important legal, regulatory, security, technical, operational, or business reasons.
In the event of a planned permanent discontinuation of the entire Service or a material paid part of the Service, the Operator will provide Users with information within a reasonable advance period via the Application or by e-mail, unless earlier or immediate action is required for legal, security, or External Service reasons.
Before permanently discontinuing the entire Service, the Operator will provide, where technically feasible, a reasonable period for retrieving Account data using the export or data-download functions available at that time. After that period, data will be deleted or anonymised in accordance with the Privacy Policy and applicable law. Any refunds or settlements will be made only where required by mandatory law.

4.2. Availability of integrations with external platforms

Access to particular integrations with External Services, especially TikTok and Google Business Profile, may be limited or temporarily unavailable due to reasons attributable to the relevant External Service, regulatory requirements, ongoing certification procedures (e.g. TikTok API verification), or operational decisions of the Operator.
The Operator reserves the right to temporarily hide or disable integration with a selected platform for all Users or selected Users where required for technical reasons or due to external requirements. The unavailability of a given integration does not constitute grounds for demanding a reduction in the fee for the Plan, unless mandatory law provides otherwise.
Existing connections to external platform accounts remain stored during the period of integration unavailability and are restored once the integration resumes. Scheduled posts for platforms that are unavailable at the time of execution may fail to publish; the Operator is not liable for such situations.

4.3. Publication schedule

The scheduling feature enables immediate publication or publication scheduled for a future date (selected in local time and stored in UTC), as well as cancellation and changing the date (only to a later date in the current version of the Application), within technical limitations and the current billing period.

4.4. OLX Import

The OLX integration is source-only (importing content into the Application Composer) and does not include publishing from the Application to OLX.
OLX Import may not be used together with TikTok as a target platform. The Application technically blocks the simultaneous use of OLX Import and publication to TikTok. The User acknowledges that copying content from other platforms to TikTok violates the terms of use of the TikTok API and bears sole responsibility for violating those terms outside the scope of the Application.
Content imported from OLX is processed transiently solely for the purpose of completing the import operation. The Operator does not store OLX listing content (descriptions, photos, URLs) beyond what is necessary to perform the import and maintain the audit of rights attestation referred to in Section 6.1.

4.5. AI Marketing feature

The Application provides the AI Marketing feature enabling the generation of content suggestions (captions and hashtags) based on a photo uploaded by the User. The feature is available in the Plans currently indicated in the Operator's plan catalogue, within the monthly AI credit limits assigned to the relevant Plan.
Using the AI Marketing feature involves sending the photo selected by the User to an external AI provider, OpenAI (OpenAI, L.L.C., USA), solely for the purpose of fulfilling the relevant generation request. The Operator does not store prompts, uploaded images, or generated responses in AI history after the request is completed.
AI credits are deducted only after a response is successfully generated and passes schema validation. Failed or invalid responses do not reduce the number of available credits. AI credits reset at the beginning of a new billing period and are neither transferable to the next period nor refundable.
Generated content suggestions are provided “as is”. The Operator does not guarantee their originality, accuracy, completeness, or non-infringement of third-party intellectual property rights. The User is solely responsible for verifying generated content before publication and for all legal consequences resulting from its publication.
OpenAI acts as a data processor within the meaning of the GDPR to the extent indicated in the Application Privacy Policy. Data transferred to OpenAI is limited to the minimum necessary to provide the content generation service.

5. Account and User Obligations

The User is responsible for maintaining the confidentiality of the credentials used to access the Account.
The following are prohibited: sharing the Account with third parties; using the Application in a manner contrary to law or these Terms; publishing content that infringes third-party rights; using the Application as a tool for copying content from external platforms and automatically forwarding it to TikTok or other platforms in violation of their terms of use or API terms; using the Application exclusively for the internal needs of the User's own team or organisation in a manner inconsistent with the API terms of External Services (in particular TikTok, which requires that the Application serve a broad group of creators publishing original content).
The User must not use the Application to submit, import, generate, schedule, or publish unlawful content, content infringing third-party rights, or content supporting unlawful activity. This prohibition covers in particular content promoting violence, hatred, or discrimination, as well as content that is abusive, offensive, vulgar, defamatory, or otherwise impermissible under the law or the terms of External Services.
It is also prohibited to use the AI Marketing feature or other Application functions for fraud, impersonation, spam, circumvention of the law or the terms of External Services, or to support infringement of third-party rights.
Where justified and proportionate in the circumstances, the Operator may block, restrict, suspend, or terminate access to the Account or selected functions, and may also refuse content generation, stop, cancel, or decline publication, if there is a justified suspicion of a breach of these Terms, applicable law, External Service requirements, security rules, or abuse-prevention rules, or if the Operator receives a credible report or a legally binding request from a competent authority.

6. User Content

The User retains all rights to content published through the Application.
The User grants the Operator a non-exclusive, royalty-free technical licence solely to the extent necessary to provide the Service (processing, storage, transmission of content to External Services).
The User bears sole responsibility for content submitted, imported, generated at the User's request, approved, scheduled, or published through the Application, including the use of suggestions generated by AI Marketing.
The Operator is not responsible for content published by the User in External Services.

6.1. OLX Import – attestation of rights to content

Before using OLX Import, the User makes a statement (attestation) that they hold the rights to use the imported content and photos and that their further publication through the Application does not infringe the rights of third parties, including OLX S.A.
The statement referred to in Section 6.1 point 1 is recorded by the Operator as a sanitised audit entry solely for evidentiary and security purposes. This recording does not include storage of the full listing content or personal data beyond what is necessary for the audit.
If a false statement is made, the User bears sole responsibility toward third parties, including OLX S.A. and the owners of the imported content. The User shall indemnify the Operator against all claims on this basis.

6.2. AI-generated content

The User acknowledges that content suggestions generated by the AI Marketing feature are created automatically by an external AI system (OpenAI) and may contain errors, inaccuracies, or content unsuitable to the context.
Before publishing generated content, the User must independently verify it for compliance with the law, the terms of External Services, and the User's own brand or public image.
The AI Marketing feature may not be used to create, support, or disseminate unlawful, abusive, offensive, vulgar, hateful, discriminatory, rights-infringing, or otherwise impermissible content under the law, these Terms, or the terms of External Services.
The Operator may refuse to fulfil a content-generation request where justified by applicable law, External Service requirements, security, or abuse prevention.

7. Trial and Subscriptions

A one-time 14-day Trial is available only for the Starter and Growth Plans.
During the Trial: no fees are charged; a payment method must be provided in order to start it (the card is not charged during the Trial). Consumers may withdraw from the Trial contract or cancel the Trial using the dedicated function in the Application. Business Users may cancel the Trial on a contractual basis using the same function, and statutory consumer rights apply to them only where mandatory law requires this, including where protected Polish sole-proprietor rules apply. Ending the Trial is irreversible and requires confirmation by the User.
Pro and Premium cannot be started as a Trial or as a day-one paid subscription while the User still has unused Trial eligibility. During an active Trial, the User may schedule Pro or Premium as a plan change that starts only after the Trial ends; until then, access remains based on the current trial Plan. The User may cancel the scheduled change before the Trial ends.
After the Trial ends, the Service automatically converts into a paid subscription in accordance with the current Plan or the scheduled Plan change.
The subscription renews automatically until cancelled. Cancelling the subscription results in access expiring at the end of the current billing period.
After the Trial ends or is cancelled, the User may start a paid subscription on any then-available Plan. Upgrades to a higher Plan after the Trial take effect immediately subject to the User's required consent. Downgrades to a lower Plan are implemented at the start of the next billing period without refunding the difference for the current period.
The Operator may introduce, modify, withdraw, or replace Plans, their names, feature scope, Account limits, publication limits, AI credit limits or charging rules, available integrations, and other elements of the Service catalogue for legal, regulatory, security, technical, service-development, business-model, or supplier / External Service reasons.
Post limits and AI credits are counted per target platform and per billing period, and reset automatically at the start of a new period. Limits are not transferable to the next period.

8. Payments and Invoices

Payments are processed through the external payment operator Stripe (Stripe, Inc., USA). The Operator does not store the User's payment card data.
VAT invoices are issued electronically and made available in the User's Account. Acceptance of the Terms constitutes consent to receiving invoices exclusively in electronic form (e-invoice) pursuant to Article 106n of the Polish VAT Act.
Invoices may be subject to electronic processing through the National e-Invoicing System (KSeF) in accordance with applicable Polish law.
The Operator may introduce and modify prices, billing models, billing periods, promotions, and the rules for assigning features to Plans for important reasons, in particular changes in law, security requirements, Service delivery costs, supplier or External Service requirements, functionality changes, or business-model changes.
New prices and Plan terms may apply to new Users from the moment of their publication in the Application or from another date indicated by the Operator.
For Users with an active paid subscription, new prices or fee increases apply no earlier than from the next billing period following notice of the change. Such a change does not recalculate or increase the price for a billing period that has already been paid for.
In the event of payment issues, the User will be informed through the Application. Failure to settle payment may result in restricted or suspended access to the Service.

9. Right of Withdrawal and Cancellation

A Consumer has the right to withdraw from the agreement within 14 days from its conclusion, without stating a reason, pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights.
For Consumers, resigning from the Trial during the 14-day period may constitute exercising the right of withdrawal; access to the Service then ends and the refund amount is PLN 0 because no fee was collected during the Trial. Cancelling or withdrawing from a Trial does not create a new free-Trial entitlement.
Business Users receive contractual Trial-cancellation rights. Statutory consumer notices apply only where mandatory law grants consumer or consumer-like protection, including where applicable to sole proprietors.
A Consumer who requested the commencement of the digital service before the expiry of the 14-day withdrawal period and then withdraws from the agreement is obliged to pay for the services actually provided until withdrawal, proportionally to their scope. In the case of the Trial (PLN 0), this amount is PLN 0.
After the Trial ends and a paid subscription is activated, fees are non-refundable unless mandatory law provides otherwise. Any legally required refunds are processed manually by the Operator.
Cancellation of a subscription made during a billing period results in access expiring at the end of the current billing period; access to the Service remains active until that moment.

10. Liability

The Operator is liable only within the limits of applicable law.
The Operator is not liable for: the operation, availability, or decisions of External Services, including Meta (Facebook, Instagram), Google, TikTok, OLX, Stripe, OpenAI, and Google Cloud Platform; interruptions in the availability of External Services or the Application resulting from causes beyond the Operator's control; rejection, removal, or reach limitation of content by External Services; content generated by artificial intelligence systems, including its originality, accuracy, or possible infringement of third-party intellectual property rights; the consequences of the User publishing content imported from OLX without holding the appropriate rights to that content; the unavailability of a specific integration (e.g. TikTok, Google Business Profile) resulting from ongoing certification procedures or operational decisions referred to in Section 4.2.
The Operator's liability towards Business Users is limited to the amount of fees paid by the Business User in the last completed billing period preceding the damaging event.
The exclusions and limitations of liability set out in this Section do not apply to Consumers to the extent that mandatory law excludes such exclusion or limitation.

11. Complaints

Complaints should be submitted electronically to the Operator's e-mail address: support@spreenity.pl.
A complaint should include the User data enabling Account identification, a description of the problem, and the expected method of resolution.
The Operator considers complaints within 14 days from the date of receipt.
In the case of Consumers, failure to respond within that period means the complaint is deemed accepted.
For Users who are not Consumers, the complaint review period is 30 days.
A Consumer has the right to use out-of-court dispute resolution methods, including the ODR platform available at: https://ec.europa.eu/consumers/odr.

11.1. Reports concerning illegal content and misuse

Reports concerning illegal content or use of the Application in breach of these Terms may be sent to support@spreenity.pl.
Where possible, the report should include the reporter's details, identification of the Account, post, or content, the reasons for the report, and any available supporting materials.
The Operator reviews such reports within a reasonable time appropriate to the nature of the matter and applicable law and may request additional information.

The Operator may cooperate with competent public authorities and secure or disclose information only where required by applicable law or a legally binding request from an authorised authority.

12. Personal Data

Personal data is processed in accordance with the GDPR and the Application Privacy Policy available at spreenity.pl/privacy-policy.
In providing the Service, the Operator uses the following processors of Users' personal data: Stripe, Inc. (USA) – payment processing; OpenAI, L.L.C. (USA) – AI content generation (only photos uploaded by the User as part of the AI Marketing feature); Google Cloud Platform / Google LLC (USA) – hosting infrastructure and media storage.
Transfers of data to entities in the USA take place on the basis of appropriate legal mechanisms compliant with the GDPR (in particular standard contractual clauses or an adequacy decision), as described in detail in the Privacy Policy.
Personal data sent to OpenAI as part of the AI Marketing feature is limited exclusively to photos indicated by the User and is not stored by the Operator after the generation request is completed.

13. Amendments to the Terms

The Operator may amend the Terms for important reasons, in particular in the event of changes in law or its interpretation, security requirements, abuse prevention, changes in the functionality or scope of the Service, changes to or withdrawal of integrations, requirements of External Services or API providers, changes in the business model, prices, Plans, limits, or other elements of the Service catalogue.
Editorial, organisational, technical, or security changes that do not materially affect the User's rights or obligations and do not worsen the User's situation may take effect upon publication of the new version of the Terms or on the date indicated by the Operator, without separate notice.
In relations with Business Users, other changes may take effect on the date indicated by the Operator, including without a 14-day prior notice period where justified by the nature of the change, in particular legal, security, abuse-prevention, External Service, or supplier requirements.
For Consumers, changes materially affecting their rights or obligations, in particular concerning fees, the scope of the main services, or termination rules, take effect no earlier than 14 days after notice of the change, unless an earlier date is required by mandatory law.
For changes referred to in item 4, the Operator will notify the Consumer in advance on a durable medium, in particular by e-mail. For changes referred to in item 2, publication of the new version of the Terms in the Application or on the Operator's website may be sufficient without separate notice. The current version of the Terms is continuously available in the Application and on the Operator's website. To the extent required by the Application, continued use of the Account may require acceptance of the new version of the Terms at sign-in.
Failure to accept material changes entitles the User to terminate the agreement before the date on which they take effect. Continued use of the Application after the changes take effect, together with acceptance in the Application, means acceptance of the amended Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by Polish law.
For Consumers, the competent court shall be determined in accordance with the rules of the Polish Code of Civil Procedure, subject to mandatory consumer protection provisions arising from EU law.
For Business Users, the competent court shall be the court having jurisdiction over the Operator's registered seat.
A Consumer residing in another EU Member State may rely on the protection granted by the mandatory provisions of the law of that state.

These Terms enter into force on the date indicated in the Basic Information section.