Terms of Sale and Terms of Electronic Services

§ 1. General provisions and Seller details

1. The website tellmyshop.com ("Website") is run, and TellMyShop licences are sold, by:

("Seller" or "Service Provider").

LAWYER: since the implementation of the Omnibus Directive, pre-contract information for consumers must include a telephone number and an email address (Article 12(1)(3) of the Polish Consumer Rights Act). Confirm that the telephone number will be published. 2. These Terms set out the rules for selling licences for the TellMyShop module and the rules for providing electronic services on the Website, including the requirements referred to in Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services ("UŚUDE"). The scope of the licence itself is set out in the End User Licence Agreement (EULA) ("EULA"). 3. These Terms are available free of charge at https://tellmyshop.com/legal/terms in a form that allows them to be downloaded, stored and printed. The Seller also sends them with the order confirmation (§ 11(4)).

§ 2. Definitions

Terms defined in the EULA (Module, WordPress Plugin, Platform, Plan, Production Domain, Development Domain, Updates Period, Licence Key, Account, Consumer, Business) have the same meaning in these Terms. In addition:

§ 3. Customers

1. The Seller sells licences only to Businesses worldwide, except in countries where sanctions or the Seller's tax set-up prevent it (EXCLUDED_COUNTRIES). When placing an Order, the Customer provides a tax ID (NIP) or an EU VAT number. The Seller does not conclude sales contracts with Consumers.
2. The provisions of these Terms on the sale of licences for a price (in particular § 7 to § 13 and § 16) apply only to paid TellMyShop Pro licences sold to Businesses. The Electronic Services described in § 4 to § 6 (Website browsing, Account, downloading TellMyShop Free, newsletter, contact and support) are available to everyone, including Consumers.
3. Consumer-like Businesses have the rights of a Consumer with regard to the right of withdrawal from the contract (§ 12), non-conformity of digital content with the contract (§ 14) and unfair contract terms (Article 385⁵ of the Polish Civil Code). The provisions of § 16 do not apply to them to the extent that they would limit those rights. These rights arise by operation of law; the Customer does not need to declare during the order that they are buying as a Consumer-like Business.
4. Businesses (other than Consumer-like Businesses) buy on the terms in § 16. They have no statutory right of withdrawal from the contract, but they are covered by the 7-day money-back guarantee (§ 13).
5. A purchase may be made by an adult with full legal capacity.

§ 4. Types and scope of Electronic Services

1. The Service Provider provides the following Electronic Services free of charge:
   1. Website browsing: information about the Module for PrestaShop and WordPress, documentation, blog;
   2. Account: managing licences, Production Domains and Development Domains, downloading the Module and Updates, invoices, Updates Period renewal;
   3. TellMyShop Free: downloading and activating the free version of the Module, which works in read-only mode only (requires an Account);
   4. newsletter: information about the product and offers, only after separate consent is given;
   5. contact and support by email.
2. For a fee, the Seller sells to Businesses licences for the Module in the TellMyShop Pro version on the terms in § 6 to § 13.

§ 5. Terms of providing Electronic Services

1. Conclusion and termination of contracts.
   1. The contract for running the Account and making the TellMyShop Free version available is concluded when the Account is created, for an indefinite period.
   2. The contract for Website browsing is concluded when the Customer enters the Website and terminates when the Customer leaves it.
   3. The newsletter contract is concluded when the subscription is confirmed and terminates when the Customer unsubscribes (link in every message).
2. The Customer may delete the Account at any time in the Account settings or by sending a message to [email protected]. Deleting the Account does not cancel licences already bought, but removes self-service access to them; the Seller will restore access on request after verifying identity. Business decision: alternatively, block deletion of the Account while paid licences exist.
3. The Service Provider may terminate the contract for running the Account with 14 days' notice for a valid reason (for example ending the availability of the TellMyShop Free version, or a change in law), or with immediate effect in the event of a serious breach of these Terms, in particular providing unlawful content, attacking the Website or reselling Licence Keys. This does not affect paid licences, except in the cases set out in § 17 of the EULA.
4. Prohibition of unlawful content. The Customer must not provide unlawful content through the Website or the support channels, use the Website in a way that disrupts its operation, or try to access other Customers' accounts.
5. Risks of using Electronic Services (Article 6 point 1 of UŚUDE). Using services over the internet carries risks, including malware, phishing messages impersonating the Seller, interception of unencrypted data or use of a password by an unauthorised person. The Customer should protect the Account with a strong, unique password, not share the Licence Key, and check that messages about licences come from the domain @tellmyshop.com. The Seller never asks for a Claude password or for shop passwords to be sent by email. If support needs temporary access to the shop, the Seller first agrees a secure method with the Customer.

§ 6. Technical requirements

1. To use the Website and the Account, the following are needed: internet access, a current version of a common web browser with JavaScript and cookies enabled, and an active email address.
2. To use the Module, the following are needed:
   • PrestaShop 8.1 or newer, including 9, with PHP 8.1 or newer (PrestaShop 8.1 to 8.2 and 1.7.8 with PHP 7.4 in a separate package, in accordance with § 15(3) of the EULA; version 8.0 and versions older than 1.7.8 are not supported), or WordPress 6.5 or newer with PHP 8.1 or newer, optionally with WooCommerce 8.0 or newer;
   • the ability to install modules in the PrestaShop shop or plugins in WordPress (uploading the package in the admin panel, or FTP);
   • an outgoing HTTPS connection from the server of the shop or website to the licence server;
   • a Claude account (a free one is enough), under the Customer's separate agreement with Anthropic;
   • for Claude.ai: a shop or website reachable from the internet over HTTPS. A copy of the shop on the Customer's own computer works with Claude Desktop or Claude Code.
3. The Seller does not promise that one licence covers all shops of a PrestaShop multistore installation or all sites of a WordPress multisite network (§ 3(4) of the EULA).
4. We recommend installing the Module on a staging copy first. Development Domains are free (§ 5 of the EULA).

§ 7. Products and prices

1. The Seller offers the following TellMyShop Pro Plans (one-time payment, perpetual licence, 12 months of Updates and email support included in the price, unless stated otherwise):

The prices shown on the Website and in the payment form at the time the Order is placed are binding. The TellMyShop Free version is free of charge. Prices are the same for PrestaShop and WordPress: a Plan covers Production Domains on any Platform, and one Licence Key works on both (§ 3(4) of the EULA). The pool of Founders licences is shared by both Platforms. 2. Prices on the Website are shown excluding VAT with the note "excl. VAT + VAT (23% for businesses in Poland)". Before payment, the Order summary shows the price excluding VAT, the VAT rate and the total amount including VAT applicable to the Customer's country and VAT number. That is the amount the Customer pays. A Business in the EU outside Poland with a valid EU VAT number pays the price without VAT (point 3). 3. VAT. The Seller calculates VAT using Stripe Tax:

• Businesses in the EU outside Poland with a valid EU VAT number (checked in VIES): no VAT, reverse charge (Article 196 of Directive 2006/112/EC); the buyer accounts for the tax;
• Businesses in Poland: VAT 23%, invoice issued through the National e-Invoice System (KSeF);
• Customers outside the EU: no EU VAT; any local taxes are borne by the buyer, unless the law requires the Seller to collect them. LAWYER / tax adviser: determine registration obligations outside the EU, e.g. the United Kingdom, Switzerland, Norway.

A Business is responsible for providing a correct VAT number. If the number turns out to be invalid, the Seller may issue a corrective invoice with VAT. 4. The Founders price is a limited launch offer for the first 100 Shop licences. The counter on the Website shows the actual number of licences sold. LAWYER: if the Founders price is presented as a reduction of the Shop price, check the obligation to show the lowest price from the 30 days before the reduction (Article 4(2) of the Polish Act on Price Information, ustawa o informowaniu o cenach) and whether it applies to digital content. 5. The Seller may change prices. A change does not affect Orders already paid.

§ 8. Placing an Order and conclusion of the contract

1. An Order is placed on the Website as follows:

   1. The Customer chooses a Plan (or an additional domain or renewal) and clicks "Buy".
   2. If not logged in, the Customer creates an Account or logs in.
   3. On the order page, the Customer reviews the summary and ticks one required box covering acceptance of these Terms and the EULA, a declaration that the Customer is concluding the contract as a business, and consent to the Licence Key and the software being made available immediately (§ 12(4), Appendix 2, field A). An Order cannot be placed without ticking this box. Optionally, the Customer ticks the newsletter consent.
   4. The Customer is redirected to Stripe Checkout, where the Customer enters billing details, including, as required fields, the company name and the tax ID (NIP) / EU VAT number.
   5. The Customer checks the total price including VAT and clicks the payment button, which indicates the obligation to pay (for example "Pay AMOUNT").

   TBC: website implementation. Stripe Checkout does not offer free-form checkboxes, so consents should be collected on the Website's order page before the redirect and stored in the order record with a timestamp. Stripe's terms consent (consent_collection) can also be used.

2. The contract is concluded when Stripe confirms the payment. The Seller then sends the order confirmation (§ 11(4)).

3. Until clicking the payment button, the Customer may correct the data entered, using the form fields or the browser's "back" function.

4. Contracts are concluded in Polish (PL Website) or English (EN Website).

§ 9. Payments

1. Payment is made in advance through Stripe Checkout, by payment card or by other methods available in the Customer's country (for example BLIK, Przelewy24, if enabled). Payments are handled by Stripe Payments Europe, Ltd. or another Stripe entity under its own terms. The Seller does not receive full card details.
2. Prices are charged in PLN (PL Website) or EUR (EN Website). The Customer's bank may charge currency conversion fees.

§ 10. Invoices

1. The Seller issues an invoice for every paid Order. Invoices are available in the Account and sent by email.
2. Invoices for Polish Businesses are issued through KSeF using INVOICING_TOOL. TBC: accounting.

§ 11. Delivery of digital content

1. After payment, the Seller delivers:
   • the Licence Key, shown on the confirmation page and sent by email;
   • access to download the Module in the Account, in a package for PrestaShop and for WordPress; the Customer may download the package for each Platform.
2. Delivery takes place immediately after the payment is confirmed, usually within a few minutes. If the message does not arrive within 24 hours, check the spam folder and write to [email protected].
3. Updates and support are provided during the Updates Period in accordance with the EULA.
4. Confirmation on a durable medium (Article 21(1) UPK). Immediately after the contract is concluded, and no later than when delivery starts, the Seller sends an email containing:
   • the Order summary: Plan, number of domains, price including VAT, date;
   • these Terms and the EULA in the version in force on the date of the Order, as PDF attachments;
   • confirmation of the consent to immediate delivery and of the loss of the right of withdrawal (§ 12(4)), worded as follows: "We confirm that the contract for the supply of digital content was concluded before the end of the withdrawal period and that you acknowledged losing the right of withdrawal once the key was made available. The 7-day money-back guarantee applies in accordance with the Terms of Sale.";
   • information about the 7-day money-back guarantee (§ 13).

§ 12. Right of withdrawal from the contract (Consumer-like Businesses)

1. A Consumer-like Business may withdraw from the contract within 14 days without giving any reason, subject to point 4. The period runs from the day the contract is concluded (§ 8(2)). Because the Seller delivers the Licence Key immediately after payment, with the Customer's consent given when placing the Order, this right expires at the moment of delivery (point 4).

2. To withdraw from the contract, the Customer must send the Seller a clear statement, for example by email to [email protected] or by post to ul. Twarda 44, 00-831 Warszawa. The model form in Appendix 1 may be used, but this is not mandatory. To meet the deadline, it is enough to send the statement before the period ends.

3. In the event of withdrawal, the Seller refunds all payments within 14 days of receiving the statement, using the same payment method the Customer used, unless the Customer expressly agrees to a different method. The Customer bears no costs of the refund. After withdrawal, the Customer should stop using the Module and not make it available to others; the Seller revokes the licence and the Module switches to read-only mode.

4. Loss of the right of withdrawal. Under Article 38(1)(13) UPK (Article 16(m) of Directive 2011/83/EU), the right of withdrawal from a contract for the supply of digital content not supplied on a tangible medium, for which the Customer pays a price, does not apply if the Seller has started performance (has provided the Licence Key or download access) and the Customer:

   1. gave express prior consent to performance starting before the end of the withdrawal period;
   2. was informed before performance started that once it is completed they will lose the right of withdrawal, and acknowledged this; and
   3. the Seller sent the Customer confirmation on a durable medium (§ 11(4)).

   On the order page, the following checkbox serves this purpose; it is required and not pre-ticked (Appendix 2, field A):

   ☐ I accept the Terms of Sale and the End User Licence Agreement (EULA). I declare that I am entering into this contract as a business, directly in connection with my business or professional activity, and I acknowledge that the Seller does not enter into contracts with consumers. I consent to the licence key and the software being made available immediately and I acknowledge that once they are delivered I lose my statutory right to withdraw from the contract. I have read the Privacy Policy.

   This does not affect the 7-day money-back guarantee.

   An Order cannot be placed without ticking this box. Once the Licence Key is delivered, the right of withdrawal expires and the Customer is covered by the 7-day money-back guarantee (§ 13).

5. The right of withdrawal does not apply to the free TellMyShop Free version. The Customer may stop using it and delete the Account at any time.

§ 13. 7-day money-back guarantee

1. Independently of statutory rights, the Seller gives every Customer a 7-day money-back guarantee ("Peace-of-mind guarantee") on every paid Order. After the Licence Key has been delivered, the guarantee is the only right to a refund of the price, without prejudice to rights arising from mandatory provisions of law.
2. The Customer may request a refund of the full price for any reason within 7 days of payment by sending a message to [email protected] from the email address used for the purchase (or from the Account owner's address). The Seller does not ask for the reason.
3. The Seller refunds the money within 14 days of receiving the request, to the original payment method. The refund revokes the licence (or the additional domain or renewal it concerns), and the Module switches to read-only mode. For the WordPress Plugin, the Licence Key stops working, and the rights under the GPL licence to the downloaded code remain (§ 3a of the EULA).
4. The guarantee is a voluntary commitment of the Seller and does not limit or replace statutory rights, including the right of withdrawal from the contract and rights for non-conformity with the contract. If both apply at the same time, the Customer chooses the one more favourable to them.
5. Details are set out in the Refund and Support Policy.

§ 14. Complaints

1. Non-conformity of digital content with the contract (Consumer-like Businesses). The Seller is liable for the conformity of the Module with the contract under Chapter 5b UPK (Article 43h and following) and Directive (EU) 2019/770. In the event of non-conformity, the Customer may demand that the Module be brought into conformity with the contract (for example by a fix or an Update). If the Seller refuses, fails to do so within a reasonable time, the non-conformity persists or is material, the Customer may submit a statement on reducing the price or on withdrawing from the contract, within the limits provided by law. LAWYER: assess the liability period for one-off supply with a 12-month Updates Period (one-off or continuous supply) and the update obligation under Article 8(2) of Directive 2019/770.
2. Other complaints (concerning the Website, the Account, the TellMyShop Free version, support, and error reports by Businesses) are made in the same way. This paragraph constitutes the complaints procedure within the meaning of Article 8(3)(4) UŚUDE.
3. A complaint may be made by email to [email protected] or by post to ul. Twarda 44, 00-831 Warszawa. Please provide: full name and email address, the Order number or Licence Key prefix, a description of the problem, the PrestaShop, PHP and Module versions, and the expected way of resolving the matter. This makes the complaint easier to handle, but a complaint without these details is also valid.
4. The Seller responds to a complaint within 30 days of receiving it, by email (or by post, if the complaint was made by post). The Seller responds to a complaint from a Consumer-like Business within 14 days; failure to respond within that period means the complaint is accepted (Article 7a in conjunction with Article 7aa UPK).

§ 15. Out-of-court complaint handling and redress

Use of out-of-court methods of handling complaints and pursuing claims is voluntary for both parties.

§ 16. Provisions for Businesses

This paragraph applies only to Businesses that are not Consumer-like Businesses.

1. No right of withdrawal. A Business has no statutory right of withdrawal from the contract. The 7-day money-back guarantee (§ 13) does apply to it.
2. Warranty and liability are governed by § 15 and § 16 of the EULA: the Module is provided as is, the statutory warranty (rękojmia) is excluded (Article 558 § 1 of the Polish Civil Code), and the Seller's total liability is limited to the price paid in the last 12 months, excluding lost profits and indirect damage, except for damage caused intentionally.
3. The Business declares that it is making the purchase in connection with its business activity and that the tax ID (NIP) / EU VAT number provided is correct.
4. The rules on the domain pool and on transferring licences to agency clients are set out in § 9 of the EULA.
5. Orders for more than 25 domains, white-label versions and individual terms require a separate agreement in writing or in documentary form.

§ 17. Personal data

The Seller processes personal data in accordance with the Privacy Policy. If, in the course of support, the Customer makes personal data of their shop's customers available to the Seller, the Data Processing Agreement applies.

§ 18. Changes to these Terms

1. The Seller may change these Terms for valid reasons: changes in law, changes of payment providers or tax settlement, introduction of new products or services, changes to the Website's functions, or clarification of provisions.
2. The Seller notifies Account holders of a change by email and publishes the new version on the Website at least 14 days before it takes effect. LAWYER: confirm the period for contracts for continuous electronic services.
3. Orders placed before a change are governed by the Terms in force on the date the Order was placed. A Customer who does not accept a change concerning the Account may delete the Account before the change takes effect.

§ 19. Governing law and court

1. These Terms and contracts concluded under them are governed by Polish law. The choice of law does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence (Article 6(2) of the Rome I Regulation).
2. Disputes with Businesses are decided by the common court competent for the Seller's registered office. This does not limit the rights of a Consumer-like Business under mandatory provisions of law. A Consumer using the Electronic Services or the TellMyShop Free version may bring proceedings before the court competent under general rules, including a court of the country of their place of residence.

§ 20. Final provisions

1. These Terms are available in Polish and English. LAWYER: indicate the prevailing version; proposal: the version in the language in which the contract was concluded.
2. No provision of these Terms limits the rights of Consumers or Consumer-like Businesses under mandatory provisions of law. A provision that would limit them does not apply to them.
3. These Terms take effect on EFFECTIVE_DATE.

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Appendix 1. Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

The model applies to a Consumer-like Business and is applicable before the Licence Key is delivered. Upon delivery, with the Customer's consent, the right of withdrawal expires (§ 12(4)).

To: SEMownia Szymon Sanecznik, ul. Twarda 44, 00-831 Warszawa, email: [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the following digital content (*) / for the provision of the following service (*):

........................................................................ (e.g. TellMyShop Shop licence, Licence Key prefix)

Date of conclusion of the contract (*) / of receipt (*): ........................................

Name of consumer(s): ........................................

Address of consumer(s): ........................................

Email address used for the order: ........................................

Signature of consumer(s) (only if this form is sent on paper): ........................................

Date: ........................................

(*) Delete as appropriate.

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Appendix 2. Texts in the ordering process

A. Required (all Customers), not pre-ticked:

☐ I accept the Terms of Sale and the End User Licence Agreement (EULA). I declare that I am entering into this contract as a business, directly in connection with my business or professional activity, and I acknowledge that the Seller does not enter into contracts with consumers. I consent to the licence key and the software being made available immediately and I acknowledge that once they are delivered I lose my statutory right to withdraw from the contract. I have read the Privacy Policy.

This does not affect the 7-day money-back guarantee.

B. Newsletter, optional, not pre-ticked:

☐ I want to receive news and offers about TellMyShop by email. I can unsubscribe at any time.

C. Company details (Stripe Checkout), required: company name and tax ID (NIP) / EU VAT number fields (Stripe tax_id_collection).

D. Payment button: "Pay AMOUNT" (indicates the obligation to pay).

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PrestaShop is a registered trademark of PrestaShop SA. WordPress is a trademark of the WordPress Foundation. WooCommerce is a trademark of Automattic Inc. Claude is a trademark of Anthropic. TellMyShop is not affiliated with any of these entities.