DoSwiftly
Terms of Service

§ 1 General provisions

These Terms set out the rules for the provision of services by electronic means by the Operator within the DoSwiftly platform, in particular the conditions for concluding and terminating agreements, the rights and obligations of the Parties, payment rules, complaints, personal data protection and the processing of User Content. These Terms have been issued in performance of the obligation under Art. 8(1)(1) of the Act of 18 July 2002 on providing services by electronic means.

Acceptance of these Terms is voluntary but necessary to create an Account and use DoSwiftly. The content of these Terms is made available in a manner allowing it to be obtained, reproduced and recorded in accordance with Art. 8(1)(2) of the u.ś.u.d.e.

§ 2 Definitions

The terms used in these Terms mean:

• DoSwiftly / Platform / Service - the multi-tenant SaaS e-commerce platform provided by the Operator under the DoSwiftly brand, available at doswiftly.pl, in the admin dashboard app.doswiftly.pl and at the {slug}.doswiftly.pl subdomains.
• Operator - Jakub Gabrychowicz, conducting business under the name JAKUB GABRYCHOWICZ GameGoods (details in § 1).
• User - a natural person with full legal capacity, a legal person or an organizational unit that concludes an Agreement with the Operator.
• Consumer - a User who is a consumer within the meaning of Art. 22¹ of the Civil Code.
• Sole trader-consumer - a natural person concluding an Agreement directly related to their business activity, where the content of that Agreement shows that it is not of a professional nature for them (Art. 38a of the u.p.k.).
• Merchant - a User running a Store within DoSwiftly.
• End customer - a person making purchases in a Merchant's Store. The party to the sales contract with the End customer is the Merchant, not the Operator.
• Store - an instance of an online store run by a Merchant within DoSwiftly, available at a doswiftly.pl subdomain or a custom domain.
• Account - a digital resource assigned to a User, enabling use of the Platform after logging in.
• Plan - a package of DoSwiftly functionality with a defined price and limits (Pay-as-you-go, Start, Grow, Scale, Enterprise).
• Team - a group of Users managing at least one Store; the billing data, saved payment cards and Balance belong to the Team.
• Balance - the Team's prepaid funds, from which the fee for each Paid order is charged on the Pay-as-you-go Plan and which reduces the next invoice on subscription Plans.
• Paid order - an order placed in the Merchant's Store for which the End customer has effectively made payment. Unpaid orders and abandoned carts do not constitute Paid orders.
• Content - all data, materials, descriptions, images, trademarks, offers and information transmitted or published by the User on the Platform.
• Illegal Content - content within the meaning of Art. 3(h) of the Digital Services Act (Regulation 2022/2065 - "DSA").
• Agreement - the agreement for the provision of the Service concluded between the User and the Operator on the terms of these Terms.
• GDPR - Regulation 2016/679 (General Data Protection Regulation).
• DSA - Regulation 2022/2065 on a single market for digital services.
• u.p.k. - the Act of 30 May 2014 on Consumer Rights.
• u.ś.u.d.e. - the Act of 18 July 2002 on providing services by electronic means.

§ 3 Type and scope of services provided by electronic means

Within DoSwiftly, the Operator provides, in particular, the following services:

• provision of online store infrastructure (multi-tenant) together with an admin dashboard, product catalog, cart, checkout and order management;
• hosting of the Store at the {slug}.doswiftly.pl domain together with an SSL certificate and - in every Plan - custom domain connection;
• integrations with payment providers - PayU and Przelewy24 under the Merchant's agreement with the given operator - and handling of cash on delivery, traditional bank transfer and gift cards, as well as shipping integrations: InPost (parcel lockers and courier) and Orlen Paczka;
• sales and marketing tools: discount codes (including free shipping and "buy X, get Y" promotions), gift cards, loyalty program, product recommendations;
• sale of digital products (files made available to the End customer for download after the order is paid);
• blog, content pages, navigation and Store forms;
• a dashboard with sales and traffic statistics, an event log (audit log) with export, backups and Platform monitoring;
• data import from the Swell platform;
• developer tools: SDK, CLI, API (Storefront API and Merchant API) and webhooks;
• sending transactional emails to End customers (§ 11.1) and - for a fee, from the Balance - SMS notifications;
• technical support to the extent indicated for the given Plan.

The Operator reserves the right to introduce new features, modify and withdraw existing features, in accordance with the rules described in § 21. Features marked as BETA may be available temporarily and without a guarantee of continuous operation.

§ 4 Technical requirements

Using DoSwiftly requires:

• Internet access with bandwidth allowing comfortable work with web applications;
• a current web browser (Chrome, Edge, Firefox, Safari - in a version released within the last 12 months);
• JavaScript and cookies enabled to the necessary extent (details in the Cookie Policy);
• an active email address for verification and communication with the Operator.

The risks associated with the use of services provided by electronic means, and the function and purpose of the software introduced by the Operator into the User's ICT system, are described in the Privacy Policy and the Cookie Policy.

§ 5 Account and conclusion of the Agreement

5.1. Registration

Registering an Account requires providing true data - an email address, first and last name and a password - or signing in with a Google or Facebook account, as well as confirming the email address (when signing in with Google or Facebook, the address is confirmed by that provider). By creating an Account, the User accepts the Terms and the Privacy Policy. Invoice data (in particular an entrepreneur's company name and NIP) is provided by the User in the Team's billing profile. Only adults with full legal capacity, or persons acting through duly authorized representatives, may use DoSwiftly.

5.2. Conclusion of the Agreement

The Agreement is concluded upon creation of the Account and confirmation of the email address. Using paid features requires selecting a Plan for the Store - the rules and timing of fees are set out in § 6-8.

5.3. Accounts, Teams and Stores

An Account is assigned to one person and may not be shared (§ 10.2). A User may belong to one or more Teams, and a Team may run multiple Stores - each with its own Plan. The billing data, saved payment cards and Balance belong to the Team. Permissions in the Team and in the Store follow from the assigned roles (including owner, administrator, person responsible for billing); the number of user accounts with access to a Store is limited by its Plan (§ 6).

5.4. Keeping data up to date

The User is obliged to keep the Account data current, in particular the billing data, email address and contact details.

§ 6 Plans and prices

DoSwiftly offers the following Plans. The Plan is selected separately for each Store - each Store is billed according to its own Plan. Amounts are shown in euro (EUR), net - VAT at the applicable rate (standard 23%) is added. In the legally binding Polish version the amounts are expressed in Polish zloty (PLN).

Every Plan, including Pay-as-you-go, includes: a Store with cart and checkout, payment and shipping integrations, a custom domain and an SSL certificate.

Choosing the annual billing cycle gives a 20% discount compared to the value of 12 monthly subscription fees. The annual discount applies to the subscription - fees for Paid orders are settled monthly (§ 7.3). Detailed Plan limits and features are made available in their current form at /en/pricing and form an integral part of the Agreement to the extent selected by the User at the time of concluding or changing the Plan.

The Operator does not charge fees calculated as a percentage of the transaction value in the Merchant's Store (0% of cart value) - regardless of the Plan and payment method. The Operator's remuneration is a fixed amount charged for each paid order at the moment the End customer pays for it, in accordance with the rates in the table above. The fee is not charged on unpaid orders or abandoned carts, and once charged is non-refundable if the End customer returns the goods. Payment operator fees (e.g. PayU, Przelewy24) are settled separately under the Merchant's agreement with that operator.

The Pay-as-you-go Plan has no subscription: the fee for each Paid order is charged on an ongoing basis from the Team's Balance. The minimum Balance top-up is €10; top-ups from €49 are increased by a bonus (€49 → €51 Balance; €119 → €131 Balance). The Operator issues an advance invoice for each top-up. The Balance does not expire and is shared by all of the Team's Stores. When the Balance does not cover the next fee, completing purchases in the Store is suspended - the Store and catalog remain visible, and a top-up restores sales immediately. The Balance may temporarily fall below zero; the Operator shows its status in the Dashboard. On subscription Plans, the unused Balance reduces the amount of the next invoice.

The Operator may introduce promotions, discount codes and special offers on the terms specified in them. Promotions do not combine with one another unless their terms provide otherwise.

§ 7 Payments and invoicing

7.1. Payment operator

Payments for Plans and Balance top-ups are handled by PayU S.A. with its registered office in Poznań, KRS 0000274399. Card data is tokenized by PayU - the Operator does not store full card numbers.

7.2. Automatic renewals

The subscription on the Start, Grow and Scale Plans renews automatically for the next billing period - 30 days from Plan activation or one year with annual billing. If the Team has a saved payment card, the Operator charges it automatically with the invoice amount, based on the consent given when saving it: the card assigned to the Store's subscription or, if there is none, the Team's default card. The User may cancel the subscription in the Dashboard at any time (§ 9.1). The Enterprise Plan is settled under the terms of an individual agreement.

7.3. Invoices

The Operator issues VAT invoices in electronic form and makes them available in the Dashboard (the Team's billing section; a given Store's invoices also in its settings). The invoice for a subscription Plan covers the subscription for the upcoming billing period, the fees for Paid orders from the past period (a separate line for each rate if the Plan was changed during the period) and the Balance settlement, if used. The Operator issues an advance invoice for each Balance top-up. The payment term is 7 days from the invoice date. The invoice contains the Team's billing data provided in the Dashboard - in particular the NIP for entrepreneurs. The User consents to receiving invoices in electronic form.

7.4. Payment delay

Until the payment term expires, the Store operates unchanged and the Operator sends reminders in the Dashboard and by email; with a saved card, it retries the charge daily. If the amount due is not paid on time, the Operator may suspend the ability to complete purchases in the Store (billing freeze): the Store and catalog remain visible to End customers and the Dashboard works without restrictions. The freeze ends immediately after the arrears are paid or after switching to the Pay-as-you-go Plan and topping up the Balance. If the arrears are not settled within 30 days of the freeze, the subscription expires and the Store's data remains intact. § 18 applies accordingly.

§ 8 Plan change and trial period

8.1. Trial period

When the Start, Grow or Scale Plan is selected, the Store receives a 14-day trial period without the subscription fee. The trial period starts when the Store is published or - if a published Store switches to a subscription Plan - at the moment of that change; while the Store is a draft, no fees are charged. The trial period waives only the subscription: fees for Paid orders are charged from the first day and appear on the first invoice. The trial period is available once per Store; only one trial period may run at a time within a Team, and a Team with arrears (a frozen Store, an unpaid invoice, a negative Balance) cannot start another one. Starting the trial period does not require card details - the card may be provided until the payment term of the first invoice. The first invoice after the trial period covers the subscription with a -50% discount and the fees for Paid orders from the trial period; the discount applies only to monthly billing - with annual billing only the annual discount applies (§ 6). The Pay-as-you-go and Enterprise Plans do not include a trial period. During the trial period, the same content and AUP rules apply as in the paid Plans.

8.2. Upgrading the Plan

An upgrade to a higher Plan takes effect immediately - the higher limits and the lower fee per Paid order apply from the moment of the change. The Operator settles the difference in the subscription price for the remaining part of the billing period on a pro-rata basis. Orders paid before the change are settled at the previous rate, and after the change at the new one. Changing the Plan during the trial period ends the trial period: the User then pays the first month of the new Plan with the discount under § 8.1, together with the fees accrued during the trial period. Changing the Plan does not open a new trial period. Switching from the Pay-as-you-go Plan to a subscription Plan takes effect immediately - from then on, fees for Paid orders accrue on the invoice instead of being charged from the Balance, and the remaining Balance reduces the next invoice.

8.3. Downgrading the Plan

A downgrade to a lower Plan takes effect at the start of the next billing period - the current period is paid for. Before the change, the number of the Store's user accounts must fit within the limit of the lower Plan. After the change, the limits of the new Plan apply: existing products remain in the Store, but no new ones can be added above the limit. Switching from a subscription Plan to Pay-as-you-go takes effect at the start of the next period or, with an unpaid invoice, immediately; the Operator settles the fees accrued up to that point with a final invoice and charges subsequent ones from the Balance.

8.4. Plan limits

The Plan limits (including the number of products, variants, user accounts and file storage) always apply according to the Store's current Plan. Once a limit is reached, no further resources can be added until the User frees up space or changes the Plan; an invitation of a user above the limit is rejected. The Operator does not charge fees for reaching a limit and does not suspend the Store for that reason.

§ 9 Termination and withdrawal

9.1. Termination of the Agreement

The User may terminate the Agreement or cancel the Store's subscription at any time - with effect at the end of the paid billing period (until then the Store operates unchanged) or with immediate effect - using the function in the Dashboard or by sending a statement to kontakt@doswiftly.pl. In both cases, the Operator issues a final invoice for accrued but not yet settled fees for Paid orders; amounts not exceeding PLN 2 net are not collected. The Balance remains in the Team's account and does not expire. The Operator may terminate the Agreement with a 30-day notice period for important reasons (e.g. discontinuation of the Service) - subject to § 18 (suspension in the event of breaches).

9.2. Right of withdrawal of the Consumer and the Sole trader-consumer

The Consumer and the Sole trader-consumer have the right to withdraw from the Agreement within 14 days of its conclusion, without giving a reason, under Art. 27 et seq. of the u.p.k. The withdrawal statement may be submitted in any form, including using the template contained in § 23 (Annex 1).

9.3. Exception for digital content/services

The DoSwiftly Service is a digital service provided on a continuous basis. Pursuant to Art. 38(1) of the u.p.k., the right of withdrawal does not apply to a Consumer in respect of service contracts for which the Consumer is obliged to pay, if the Operator has fully performed the Service with the Consumer's express and prior consent, the Consumer having been informed before performance began that they would lose the right of withdrawal once the Service is fully performed, and having acknowledged this. If, at the Consumer's express request, performance of the Service began before the withdrawal deadline and the Consumer withdraws from the Agreement, the Consumer must pay for the services provided up to the moment of withdrawal, in proportion to the scope of the performance rendered (Art. 35 of the u.p.k.).

9.4. Submitting the withdrawal statement

The Consumer may send the withdrawal statement by email to kontakt@doswiftly.pl - also using the template in Annex 1 (§ 23). The Operator promptly confirms receipt of the statement by email.

9.5. Effects of withdrawal / termination

The Operator refunds to the User the pro-rata portion of the fee for the unused billing period within 14 days of the effective withdrawal/termination, using the same payment channel used for payment (unless the User has expressly agreed to another). The User's data is subject to the retention described in the Privacy Policy and § 18.

§ 10 Rights and obligations of the Parties

10.1. The Operator undertakes to

• provide the Service with due professional care in accordance with the Terms and the selected Plan;
• maintain the infrastructure, perform backups and monitor availability and security;
• provide support to the extent and within the time specified for the selected Plan;
• inform about material changes to the Service, including maintenance windows (with at least 48 hours' notice for planned windows).

10.2. The User (in particular the Merchant) undertakes to

• use DoSwiftly in accordance with the law, good practice and the Terms, including the AUP (§ 11);
• hold the necessary consents, permits and licenses for the assortment sold and for the Content published (including trademarks, images, materials covered by third-party copyright);
• have their own Store terms and privacy policy addressed to End customers - the Merchant acts toward End customers as the controller of their personal data within the meaning of the GDPR; the Operator acts toward that data as a processor under a Data Processing Agreement (DPA);
• ensure that the goods and services it offers comply with consumer law (including the u.p.k., GPSR - Reg. 2023/988), tax law and industry regulations;
• not share login credentials with third parties and keep passwords and API keys confidential;
• pay fees on time.

§ 11 Acceptable Use Policy (AUP)

On DoSwiftly, it is prohibited to publish, offer and transmit Illegal Content and Content infringing the rights of third parties or good practice, in particular:

• material constituting child sexual abuse material (CSAM) and pornographic material distributed in breach of the law;
• content promoting hatred, discrimination, violence, terrorism or extremist content;
• content infringing intellectual property rights (trademarks, copyright, patents);
• offering products and services whose trade is prohibited or restricted without the required permits (including weapons, ammunition, explosives, narcotics, prescription medicines, personal data, identity documents);
• misleading material, fraud, pyramid schemes, false offers and so-called dropshipping based on deceptive practices;
• AI-generated content that misleads as to a person's identity (deepfake) without clear information about its nature;
• activities compromising the security of the Platform (including attacks, attempts to gain unauthorized access, reverse-engineering, vulnerability scanning without the Operator's written consent, mass requests degrading the Service).

The Operator may at any time remove or block access to Illegal Content or Content infringing the AUP, in accordance with the procedure in § 13 and Art. 14-17 DSA.

11.1. Sending transactional emails to Store Customers

DoSwiftly provides the Merchant with infrastructure for sending transactional emails to the Store's End customers (including order confirmations, invoices, shipping status notifications, password reset). The function is performed by the sub-processor AC PM, LLC (Postmark) - see /en/dpa#subprocesorzy. By using this function, the Merchant undertakes to:

• Send only transactional messages - only one-to-one messages triggered by a specific event (order, registration, status change, password reset, system alert). Newsletters, product announcements, promotional campaigns, discount offers, re-engagement messages ("we miss you", "come back"), abandoned-cart emails and other forms of bulk marketing are prohibited through this function and require a separate marketing tool (e.g. a dedicated email campaign provider).
• No purchased, rented or acquired lists - sending only to recipients who have given the Merchant informed, verifiable consent to receive communications (opt-in in accordance with Art. 398 of the Electronic Communications Law and Art. 6(1) GDPR). The use of purchased address databases, cross-branded lists or addresses obtained through scraping is not permitted.
• Maintaining address-list quality - a hard-bounce rate below 10%, a spam-complaint rate below 0.1%. The Operator monitors bounce and complaint rates automatically for each Store and, when they rise, may throttle or pause sending; exceeding the above thresholds entitles the Operator to suspend the sending function for the Store pending clarification, under § 18.
• Sender branding consistency - the sender address (FROM), sender name and domain in links must correspond to the Merchant's Store brand. Sending is done from the Merchant's own domain verified by the Operator (with correctly configured DKIM, Return-Path and DMARC records); until the domain is verified, messages are sent from the Operator's shared domain, with the Store's name in the sender field.
• Opt-out mechanism - for messages other than purely transactional ones (e.g. new-product notifications enabled by a logged-in Customer), the Merchant provides a visible unsubscribe link and maintains a suppression list.
• The Operator's right to suspend the function - in the event of a breach of the obligations above, receipt of a justified report from the infrastructure provider (AC PM, LLC) or a reasonable suspicion of activity harming the Platform's reputation, the Operator may suspend the email-sending function for the Store with immediate effect, promptly informing the Merchant with justification.
• Full liability toward End customers - the Merchant bears full responsibility for the content and manner of sending emails (including Art. 11-17 u.ś.u.d.e., Art. 398 of the Electronic Communications Law, Art. 13-14 GDPR), including obtaining and maintaining the required consents, handling data subject requests (objection, rectification, erasure) and complying with the Consumer Rights Act.

Breaches of the above rules may result in suspension of access to the email-sending function (§ 18) and the Merchant's liability for the Operator's losses resulting from a decline in the Platform's sending reputation or sub-processor claims.

§ 12 User Content and intellectual property

All Content posted by the User on DoSwiftly remains its property (or the property of the entities from which the User obtained the appropriate licenses). The User grants the Operator a non-exclusive, time-limited (to the term of the Agreement) and free-of-charge license solely to the extent necessary to provide the Service: storage, copying for backup purposes, transcoding (e.g. converting images to WebP), indexing and delivery to Store users.

The Operator does not use the User's Content to train its own AI models or those of its providers, unless the User gives separate, informed consent.

The trademarks, logos, layouts and source code of DoSwiftly are the property of the Operator or its licensors and are protected. Upon termination of the Agreement, the license granted to the Operator expires - excluding the time necessary to perform § 9.5 and archiving obligations (invoices, tax settlements).

§ 13 Reporting illegal content (Notice & Action mechanism - DSA Art. 16)

Any person or entity may report to the Operator Content they consider to be Illegal Content. We accept reports:

• by email to dsa@doswiftly.pl - also using the form in Annex 2 (§ 23).

To enable a swift response, the report should contain (in accordance with Art. 16(2) DSA):

• a sufficiently substantiated explanation of the reasons why the reporter considers the Content to be illegal;
• a clear URL of the Content (or another precise description of its location);
• the name or company of the reporter and an email address (except for reports concerning child sexual abuse offenses, where anonymity is permitted);
• a statement of good faith as to the accuracy of the information.

The Operator confirms receipt of the report without delay, no later than within 48 hours, and makes a decision without undue delay, in an objective, diligent, non-arbitrary manner and with due care. In the event of removal, blocking or restriction of the visibility of Content, the Operator informs both the reporter and the entity providing the Content of the reasons (Art. 17 DSA).

13.1. Appeal (Art. 20 DSA)

The User has the right to appeal against the Operator's decision within 6 months. Appeals are examined by the Operator within 14 business days, independently of the staff who made the original decision. The appeal does not preclude the User's right to use out-of-court dispute resolution mechanisms (Art. 21 DSA) or judicial recourse.

§ 14 Point of contact (DSA Art. 11-12)

The Operator designates a single point of contact enabling authorities of Member States, the European Commission, the Digital Services Board and Users to communicate directly by electronic means on matters related to the DSA. Contact channel: dsa@doswiftly.pl. The languages of communication are Polish and English. The Operator is not a micro-enterprise exempt from DSA obligations toward the Consumer Customers of Stores (Art. 19 DSA), unless in a given reporting period it meets the conditions for that exemption.

§ 15 AI features

DoSwiftly does not provide Users or End customers with features based on artificial intelligence systems (in particular generating descriptions and translations, a chatbot or semantic search). Product recommendations in the Store work according to rules based on the Store's sales data, without using AI models.

• Introducing AI features requires an amendment to the Terms (§ 21) setting out their rules - including the obligations under Art. 50 of the AI Act.
• The Operator does not use the User's Content to train models - see § 12.

§ 16 Data protection and sub-processors

The rules for processing Users' personal data are described in the Privacy Policy. As regards the data of Stores' End customers, whose controller is the Merchant, a Data Processing Agreement (DPA) applies, which forms an integral part of the Agreement and binds the Merchant from the moment personal data begins to be stored in DoSwiftly.

The current list of sub-processors (including OVH SAS - hosting in Poland, Cloudflare, Inc. - CDN, network protection and file storage, AC PM, LLC (Postmark) - transactional emails) together with the location and legal basis for data transfer is available at /en/dpa#subprocesorzy. We announce changes to the list 14 days in advance on that page.

§ 17 SLA and availability

The Operator makes efforts to keep DoSwiftly continuously available. The availability levels (uptime) indicated for the Plans at /en/pricing are targets. The Operator does not grant service credits for unavailability - in the Enterprise Plan, availability rules and any credits are set by the individual agreement.

Support response-time SLA (email, business days): up to 24 hours for the Start and Grow plans, up to 12 hours for the Scale and Enterprise plans. The Enterprise Plan additionally includes a pre-sales / onboarding call with the founder and a fast escalation path for critical tickets. The full SLA breakdown per Plan is published at /en/pricing.

The Operator reserves the right to introduce maintenance windows announced at least 48 hours in advance and outages caused by force majeure - such events are not counted toward the assessment of service continuity.

§ 18 Account suspension and blocking

The Operator may suspend or block access to the Account or part of it when:

• the User breaches the Terms, the AUP or the law;
• there is a reasonable suspicion of unauthorized use of the Account or a security breach;
• the User is in arrears with payments under § 7.4;
• there are requests from authorized state authorities.

Before blocking - unless it is obviously impossible due to the nature of the breach - the Operator asks the User for explanations and sets a reasonable remedy period. After blocking, the Operator retains the User's data for 30 days, allowing recovery of the Account or data export; after this period, the data may be permanently deleted, except for data subject to statutory archiving obligations (e.g. invoices - 5 years).

§ 19 Complaints and amicable dispute resolution

Complaints regarding the operation of DoSwiftly may be submitted to kontakt@doswiftly.pl. A complaint should contain the User's data, a description of the problem, the date of occurrence and the expected manner of resolution. The Operator examines complaints within 14 business days of receipt.

Consumers may use out-of-court methods of handling complaints and pursuing claims, including:

• mediation proceedings before the Voivodeship Inspector of the Trade Inspection;
• proceedings before the permanent arbitration court at the WIIH;
• assistance from the District (Municipal) Consumer Ombudsman.

The Operator prefers amicable dispute resolution and declares its readiness to participate in mediation.

§ 20 Liability

The Operator is liable to the User under the general rules of the Civil Code and special provisions. Toward Consumers and Sole trader-consumers, the Operator's liability is not subject to limitations to the extent that such a limitation would conflict with mandatory provisions of law.

Toward other Users (B2B), to the fullest extent permitted by law, the Operator's total liability under the Agreement over a 12-month period is limited to the greater of: twelve times the net monthly fee resulting from the Plan selected by the User at the time the damage arose, or the sum of the net fees (subscription and fees on paid orders) paid by the User in the 12 months preceding the event giving rise to the damage. The Operator is not liable for lost profits, loss of goodwill or indirect damage, unless the damage was caused intentionally.

The Operator is not liable for the actions and Content of Merchants toward the End customers of Stores, including for the compliance of the assortment with the law, the quality of goods and the performance of sales contracts. The Merchant runs the Store in its own name and at its own risk.

The Operator is not liable for non-performance or improper performance of the Agreement caused by force majeure, failures beyond the Operator's control, or the act or omission of third parties, in particular sub-service providers (network, energy, hosting, payment operators and carriers).

§ 21 Changes to the Terms

The Operator may amend the Terms for important reasons, in particular: changes in the law, development of DoSwiftly features, price-list changes, changes of sub-processors, security considerations. The Operator informs the User of changes 14 days before they take effect - by email and by a notice in the Account dashboard. During the notice period, the User may terminate the Agreement with immediate effect - in which case the previous Terms apply.

If the changes are not accepted, the Consumer may terminate the Agreement free of charge. A failure to terminate within 14 days is deemed acceptance of the new content.

§ 22 Final provisions

• Governing law: Polish law. Toward Consumers from other EEA states, their mandatory law applies if it provides them with a higher level of protection.
• Jurisdiction (B2B): the court competent for the Operator's registered office.
• Jurisdiction (Consumer): the court competent under general provisions (usually the Consumer's place of residence).
• Severability clause: the invalidity of any provision does not affect the validity of the remaining provisions of the Terms.
• The annexes form an integral part of the Terms.
• Language version: in the event of any discrepancy, the Polish version prevails.
• Terms version: 2.0, in force from 08.10.2026. Changes compared to version 1.1 (in force from 21.05.2026): a new billing model - Pay-as-you-go, Start, Grow, Scale and Enterprise Plans with a fixed fee per Paid order instead of a commission on the transaction value, the Balance and top-ups, a trial period counted from the Store's publication; the scope of services, the list of sub-processors and the availability rules aligned with the current state of the Platform; updated legal references (the Electronic Communications Law replacing the repealed Telecommunications Law, Art. 38(1) and Art. 35 of the u.p.k., removal of the discontinued ODR platform); a floor for the liability cap toward B2B Users; amounts presented in the currency matching the language version - PLN (PL) / EUR (EN), with the binding Polish PLN version prevailing.

§ 23 Annexes

Annex 1 - Withdrawal form template

(this form should be completed and returned only if you wish to withdraw from the agreement)

Addressee: JAKUB GABRYCHOWICZ GameGoods, ul. Łęczycka 15/1, 99-340 Krośniewice, email: kontakt@doswiftly.pl.

• I/We(*) hereby give notice of my/our(*) withdrawal from the agreement for the provision of the following service: DoSwiftly - Plan: …………………………
• Date of conclusion of the agreement: …………………………
• Name of the consumer(s): …………………………
• Address of the consumer(s): …………………………
• Signature of the consumer(s) (only if this form is submitted on paper): …………………………
• Date: …………………………

(*) Delete as appropriate.

Annex 2 - Illegal content report form (DSA Art. 16)

Addressee: dsa@doswiftly.pl

1. Exact URL/location of the Content: …………………………
2. Justification of why the Content is illegal: …………………………
3. Name / company of the reporter: …………………………
4. Contact email address: …………………………
5. I declare that the information contained in the report is true and complete: ☐ Yes.
6. Date: …………………………

Annex 3 - Complaint form

Addressee: kontakt@doswiftly.pl

1. Name / company: …………………………
2. Email / DoSwiftly login: …………………………
3. Description of the problem: …………………………
4. Date of occurrence: …………………………
5. Expected manner of resolution: …………………………
6. Attachments (if applicable): …………………………