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Loopique Platform Terms of Service

Table of Contents

§ 1. General Provisions

  1. These Terms of Service (hereinafter referred to as the "Terms of Service" or "TOS") define the terms and conditions of use of the Loopique web Platform operating at the Internet address https://www.loopique.com/ and other services provided by the Service Provider.

  2. The Platform is an intermediary tool for the sale of unique audio files - Loops, enabling the connection of Sellers and Buyers. The Platform allows Sellers to add Loops on the Platform and Buyers to purchase Loops.

  3. The Terms of Service are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "the Act on the provision of electronic services").

  4. The provider of the services described under the Terms of Service is LOOPIQUE Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (registered office address: Opaczewska 43, 02-201 Warsaw, Poland), entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0001180478, with NIP: 7011267466, REGON number: 542118696, with a share capital of 5,000 PLN (hereinafter: "Service Provider").

  5. Contact with the Service Provider is possible via:

    • e-mail at: contact@loopique.com
    • traditional mail at: skr. poczt. 20, Opaczewska 43, 02-201 Warsaw, Poland
    • telephone at the number: +48 789 029 073

  6. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: "DSA"), the Service Provider has designated a contact point for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Board and Platform Users on matters covered by the DSA. The contact point is available at: contact@loopique.com.

  7. Before starting to use the Platform, the Buyer is obliged to read and accept the Terms of Service and the Privacy Policy.

§ 2. Definitions

  1. Capitalized words used in the Terms of Service have the following meanings:
    • Account - A panel created in the Platform's IT system, enabling the Buyer and the Seller to use its functionalities
    • Act on the provision of electronic services - The term defined in § 1 section 3 of the Terms of Service
    • Buyer - A Consumer, an Entrepreneur with Consumer rights or an Entrepreneur who uses the Service for Buyers within the Platform
    • Buyer's Content - Any data (including personal data), electronic files, information and materials saved by the Buyer on the Account and published on the Platform
    • Civil Code - The Act of 23 April 1964, the Civil Code
    • Consumer - A natural person concluding a legal transaction with the Service Provider that is not directly related to their business or professional activity
    • Consumer Rights Act - The Act of 30 May 2014 on Consumer Rights
    • Content - Buyer and Seller Content
    • Contract/Service Contract - An agreement for the provision of a Service for the Buyer or the Seller—depending on the nature of the relationship described in a given section of the Terms of Service
    • Credits - The virtual, internal currency of the Platform, used by Buyers to buy Loops from Sellers. Credits can only be used on the Platform and are not exchangeable for other currencies and money. Credits may be purchased by the Buyer using the Services for the Buyer
    • Entrepreneur - A natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by specific regulations, conducting business or professional activity in its own name
    • Entrepreneur with Consumer Rights - A natural person conducting business or professional activity on their own behalf, who has concluded a Contract with the Service Provider directly related to their business activity, but not having a professional character for this person, resulting in particular from the subject of their business activity
    • Login - An individual and unique e-mail address which is a unique identifier of the Buyer and the Seller within the Platform
    • Loop - Sound files offered on the Platform. This term includes any musical fragments, individual sounds, repetitive musical sequences, or vocal recordings that can be used in music production. The Loop specification is included in each Loop tab
    • Non-Compliance - Non-Compliance of the Service with the Contract for the provision of the Service (the criteria for assessing the compliance of the Service with the Contract for its provision are specified in Article 43k(1)-(2) of the Act on Consumer Rights)
    • Platform - An intermediary tool for the sale of unique sound files—Loops, enabling the connection of Sellers and Buyers. The Platform allows Sellers to add Loops on the Platform and Buyers to purchase Loops directly from the Seller
    • Price List - A document or information specifying the current price of the paid functionalities of the Service—Credits, for the Buyer, Subscription Period, variant of its operation, available at: https://www.loopique.com/pricing
    • Privacy Policy - A document containing information on the processing of personal data of Buyers and Sellers by the Service Provider
    • Review - The User's Review about the Service, including a description of the Buyer's or Seller's experience related to the use of the above-mentioned services
    • Sales Contract - An agreement concluded between the Buyer and the Seller within the Platform. The Platform is only an intermediary, providing the Buyers and Sellers with the opportunity to contact and purchase the Loop via the Platform
    • Seller - A Consumer, an Entrepreneur with Consumer rights or an Entrepreneur who uses the Service for Sellers within the Platform
    • Seller's Content - All data (including personal data), electronic files, information and materials saved by the Seller on the Account and published on the Platform
    • Service - A Service for the Buyer and the Seller
    • Service Contract for the Buyer - An agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to provide the Buyer with a Service for the Buyer. The Contract in question may only be concluded by the Buyer
    • Service Contract for the Seller - An agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to provide the Seller with a Service for the Seller. The Contract in question may be concluded only by the Seller
    • Service for the Buyer - A digital service within the meaning of the Act on Consumer Rights, consisting in enabling the Buyer by the Service Provider to use the functionalities of the Platform, in particular: access to the Platform, purchase of Credits and the possibility of concluding a Sales Contract with the Seller
    • Service Provider - The term defined in § 1 section 4 of the Terms of Service
    • Subscription Fee - A fee paid by the Buyer in advance in exchange for paid functionalities of the Service, determined in accordance with the Price List in force at the time of its order
    • Subscription Period - The period for which the Service Provider makes the paid functionalities of the Service available to the Buyer for the Buyer in accordance with the Price List
    • Terms of Service - The term defined in § 1 section 1 of the TOS
    • User - The Buyer and/or the Seller
    • Watermark - An audio overlay containing the phrase "loopique - dot - com" added to the demo versions of Loops on the Platform to prevent their unauthorized use before the conclusion of the Sales Contract

§ 3. Technical Requirements

  1. In order for the User to properly use the services provided by the Service Provider, it is necessary to:

    • Internet connection
    • having devices that allow you to use Internet resources
    • having a device with an Android 6.0 or higher or iOS 12.0 or higher operating system
    • using a web browser that allows hypertext documents to be displayed on the screen of the device, linked to the Internet by a web service and that supports the JavaScript programming language, and also accepts cookies
    • having an active e-mail account

  2. The User is prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular those automating the processes of scripts and the Platform or other codes, files or tools).

  3. The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, the use of access passwords and antivirus or anti-unwanted software programs.

  4. The Service Provider informs that despite the application of the security measures referred to in section 3 above, the use of the Internet and services provided by electronic means may be at risk of malware getting into the ICT system and the User's device or gaining access to data on this device by third parties. In order to minimize the above-mentioned threat, the Service Provider recommends the use of antivirus programs or means protecting identification on the Internet.

§ 4. General Terms of Use of the Service for the Buyer

  1. The provisions of this paragraph apply only to the Buyers.

  2. The use of the Platform is free of charge in terms of creating an Account and access to the Platform. There is a fee for the purchase of Credits and the possibility of purchasing the Loop from the Sellers. In addition, the Service Provider reserves the right to introduce additional, optional features or services in the future, which may be available for a fee. The Service Provider shall inform the Buyer of any change regarding the introduction of paid functions in advance.

  3. The Buyer is obliged to use the Platform in a manner consistent with the provisions of generally applicable law, the provisions of the Terms of Service, as well as with good practices.

  4. The Buyer, in particular as part of the Services for the Buyer offered via the Platform, receives access to the Platform and the possibility to purchase Loops under the Sales Contract concluded with the Seller, as well as may listen to the available Loops in the form of audio content marked with a Watermark. The buyer also has the option to purchase Credits.

  5. The Buyer declares that he/she is aware that the Service Provider is not a party to the Sales Contract. The Sales Contract is concluded only between the Buyer and the Seller.

  6. The Buyer declares that he/she is aware that the Loops are not refundable. The loops are made available to the Buyer immediately and removed from the Platform catalogue irretrievably after their purchase.

  7. The Buyer declares that he/she is aware that the transfer of copyrights to the Loop by the Seller to the Buyer will take place on the basis of a separate contract and within the framework of arrangements made directly with the Seller.

  8. The Buyer may purchase the Loop only with Credits.

  9. Providing illegal content by the Buyer is prohibited.

  10. The Buyer using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider is not responsible for the consequences of providing false or incomplete data by the Buyer.

  11. In the event of technical problems related to the functioning of the Platform, every User has the option of reporting them by e-mail to the address contact@loopique.com.

  12. In particular, the following shall be considered a violation of the TOS:

    • provision of illegal content by the Buyer
    • the Buyer's use of the Service for the Buyer and the functionalities contrary to their intended purpose
    • providing false or incomplete data by the Buyer
    • the Buyer creating more than one Account using the same e-mail address

  13. In the event of a violation of the Terms of Service, the Service Provider may call on the Buyer to remove it and set a deadline of not less than 7 (seven) days for this purpose.

  14. If the violation of the Terms of Service is not removed by the Buyer—the Service Provider has the right to block access to the Platform until the violation referred to in sections 12 and 13 is removed.

  15. Any statements, summons, notifications and information referred to in the Terms of Service may be sent by e-mail, unless a specific provision of the Terms of Service provides otherwise.

§ 5. General Rules for Using the Services for the Seller

  1. The provisions of this paragraph apply only to Sellers and the Service to the Seller.

  2. The use of the Platform is free of charge. The Service Provider reserves the right to introduce additional, optional functions or services in the future, which may be available for a fee. The Service Provider shall inform the Seller of any change regarding the introduction of paid features in advance.

  3. The Seller represents and warrants that it holds all rights to the Seller's Content, in particular all copyrights to the Loops, which it will make available on the Platform, enabling it to commercially dispose of the Loops for the purposes of concluding the Sales Contract and transferring copyrights to the Buyer.

  4. The Seller represents and warrants that in the event of the purchase of the Loop by the Buyer—the Seller will transfer to the Buyer full copyrights that will allow him to use the Loop to the fullest extent permitted by generally applicable law. In particular, the Seller undertakes to conclude an appropriate contract on its own in order to transfer the copyrights to the Buyer.

  5. The Seller represents and warrants that the Loops that will be added to the Platform are free from claims and rights of third parties. Loops may not have been previously published or used in any other way.

  6. The Seller waives, to the maximum extent permitted by law, all rights to royalties for Loops purchased by Buyers through the Platform.

  7. In the event that a claim of a third party is made against the Service Provider as part of the Loop, the Seller is obliged to join the case in place of the Service Provider or join the case on the side of the Service Provider as an intervening party. Notwithstanding the provisions contained in the preceding sentence, the Seller shall reimburse the Service Provider at its first request or cover any expenses incurred by the Service Provider to pay for legal representation, legal advice and damages or penalties awarded or determined by way of settlement.

  8. The Seller represents and warrants that by making the Loop available, he agrees to its sale under the Sales Contract concluded with the Buyer.

  9. The Seller declares that he is aware that the Service Provider is not a party to the Sales Contract. The Sales Contract is concluded only between the Buyer and the Seller.

  10. The Seller undertakes that within 6 months from the date of adding the Loop to the Platform—it will not make the Loop available on any other portal, website, online auction or will not use it for commercial purposes, in particular for the purpose of resale, granting a license or transferring copyrights to third parties. Within 6 months from the date of adding the Loop to the Platform—the Loop may be available only on the Platform.

  11. Before concluding the Service Contract for the Seller—the Service Provider verifies the Seller. Similarly—the Service Provider verifies the Loops added by the Seller and makes the final approval of adding the Loop.

  12. Loops added to the Platform must meet the requirements described in https://www.loopique.com/legal/loops-requirements.

  13. The Seller undertakes to fully cooperate with the Service Provider and the Buyer in order to provide both the Service Provider and the Buyer with full documentation regarding the Loop, including in particular copyright documentation.

  14. The Seller is obliged to make the Seller's Content available only in accordance with the actual state of affairs and in accordance with generally applicable law.

  15. The Seller's content must not be presented in a vulgar manner and may not contain words and phrases commonly considered offensive. The Seller undertakes to make available only Content that does not violate the good morals or personal rights of any persons.

  16. As part of the Platform, the Seller may upload their own markings, logos, images, and trademarks to the Platform. By uploading the above-mentioned elements to the Platform, the Seller grants the Service Provider a non-exclusive, non-transferable, territorially unlimited license to use the above-mentioned elements for the purpose of making the Seller's Content public, for the duration of the Contract.

  17. As part of administrative supervision, the Service Provider has access to all Seller's Content, in particular to the Loop through administrator rights within the Platform.

  18. As part of the administrative supervision referred to in section 17—the Service Provider may remove the Seller's Content and make changes to it only with the consent and explicit wish of the Seller, unless otherwise stated in the Terms of Service.

  19. The Service Provider has the right to block the visibility and temporarily block the Loop on the Platform if it has a reasonable suspicion that the Loop is not original, violates the copyrights of third parties, is inconsistent with generally applicable regulations or violates the provisions of the Terms of Service or good practices.

  20. One Seller may create only one Account on the Platform per e-mail address.

  21. In the event of technical problems related to the functioning of the Platform, the Seller has the option of reporting them by e-mail to the address contact@loopique.com.

  22. Providing illegal content by the Seller is prohibited.

  23. The Seller is obliged to use the services provided by the Service Provider in a manner consistent with the provisions of generally applicable law, the provisions of the Terms of Service, as well as good practices.

  24. The Seller using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider is not responsible for the consequences of providing false or incomplete data by the Seller.

  25. If an activity within the Platform is performed by a natural person acting on behalf of the Seller who is not a natural person, the performance of such an action is tantamount to the submission by the natural person performing such an activity of a statement that he or she is entitled to represent the Seller. The Service Provider is entitled to request such a natural person to submit proof of their authorization to represent the Seller, in particular a power of attorney document or an extract from the relevant register. In the case of performing an action on behalf of the Seller despite the lack of authorization to represent the Seller, the natural person performing this action bears the liability provided for in the provisions of the Civil Code.

  26. In particular, the following shall be considered a violation of the TOS:

    • provision of illegal content by the Seller
    • provision by the Seller of content inconsistent with the Terms of Service
    • the Seller's use of the services contrary to their intended purpose
    • providing false or incomplete data by the Seller
    • performing an action by a natural person on behalf of the Seller despite the lack of authorization to represent the Seller

  27. In the event of a violation of the Terms of Service, the Service Provider may call on the Seller to remove it and set a deadline of not less than 7 (seven) days for this purpose.

  28. If the Seller fails to remove the violation of the Terms of Service—the Service Provider has the right to block access to the Platform until the violation referred to in sections 26 and 27 is removed.

  29. Any statements, summons, notifications and information referred to in the Terms of Service may be sent by e-mail, unless a specific provision of the Terms of Service provides otherwise.

§ 6. Service Contract for the Buyer

  1. The provisions of this paragraph apply only to Buyers and the Service for the Buyer.

  2. On the basis of the Service Contract for the Buyer, the Service Provider allows the Buyer to use the following functions of the Platform free of charge:

    • access to the Platform
    • Loop search
    • Loop filtering
    • the possibility of listening to fragments of the Loop with the Watermark
    • the ability to add Loops to the favorites directory (likes)
    • the ability to observe Sellers (follow)

  3. On the basis of the Service Contract for the Buyer, the Service Provider enables the Buyer to use the following functions of the Platform for a fee:

    • purchase of Credits
    • purchase of the Loop from the Sellers

  4. In order to conclude the Service Contract for the Buyer, the Buyer should perform the following actions:

    • go to the Platform's website and then click on the "Get started" tab
    • in the displayed form, enter the required data
    • obligatorily tick the checkbox next to the declaration of reading the Terms of Service and the Privacy Policy and accepting their provisions
    • optionally, select additional checkboxes within the form (if available)
    • select the "Continue" button
    • fill in email verification code sent to email entered in previous step
    • select the "Continue" button

  5. After clicking the "Register" option, a link to activate the Account is sent to the e-mail address provided by the Buyer. After clicking on the link, the Buyer gains access to the Account. Clicking on the link by the Buyer is tantamount to concluding the Contract on the provision of the Service for the Buyer by the Buyer.

  6. The Service Provider informs, and the Buyer acknowledges, that the Buyer's compliance of the Service with the Buyer's Service Contract does not require the Buyer to install its updates.

  7. The provisions of sections 7-13 apply only to Consumers and Entrepreneurs with Consumer Rights.

  8. If the Buyer is not granted access to the Service for the Buyer immediately after concluding the Service Contract for the Buyer, the Buyer calls on the Service Provider to immediately grant access to the Service to the Buyer. The request referred to in the preceding sentence may be sent by e-mail to the address indicated in paragraph 1 section 5 point 1 of the TOS. If the Service Provider does not grant the Buyer access to the Service for the Buyer immediately after receiving the request referred to in the preceding sentence, the Buyer may withdraw from the Service Contract for the Buyer.

  9. Notwithstanding the provisions of section 8 above, in the event of failure to provide the Buyer with access to the Service for the Buyer, the Buyer may withdraw from the Service Contract for the Buyer without calling the Service Provider to grant access to the Service for the Buyer, if at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act occurs.

  10. Notwithstanding the provisions of sections 8-9 above, the Buyer may terminate the Service Provision Contract for the Buyer by deleting their Account on the Platform on their own or by submitting an order to delete their Service Provider Account, by sending an appropriate information to the address § 1 section 5 point 1 of the Terms of Service.

  11. The Buyer withdraws from the Service Contract for the Buyer or terminates it, regardless of the basis for this action, by submitting to the Service Provider a statement of withdrawal from the Service Contract for the Buyer or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 5 point 1 of the TOS.

  12. In the event of the Buyer's violation of the provisions of the Terms of Service and failure to remedy this breach despite receiving a request, the Service Provider may terminate the Service Provision Contract for the Buyer with a notice period of 7 (seven) days, by submitting a notice of termination to the Buyer by e-mail. After the expiry of the notice period indicated in the preceding sentence, the Service Provider shall suspend the provision of the Service to the Buyer. During the notice period, the Service Provider may block the Buyer's access to the Platform if it is necessary to prevent the Buyer from committing further violations.

  13. The Service Provider deletes the Account immediately upon receipt of the statement referred to in section 11 above or after the expiry of the notice period referred to in section 12 above.

§ 7. Credits

  1. The Platform operates an internal payment system in the form of Credits. All purchases within the Platform are made exclusively with Credits.

  2. Credits are non-exchangeable and non-refundable after purchase. Credits cannot be exchanged for any currency, cryptocurrency, or securities.

  3. Credits can only be purchased by the Buyer via the Platform.

  4. The cost of purchasing a Loop is each time presented in the tab of a given Loop on the Platform.

  5. Credits can be purchased as part of the Subscription Fee and as a one-time payment.

  6. In the case of purchasing Credits under the Subscription Fee, the Buyer receives Credits on a monthly or annual basis on the terms described in the selected variant of the Price List. As part of the Credit delivery service under the Subscription Fee—it is possible to cancel it at any time with effect at the end of the settlement period. Credits that remain in the Account will not be removed.

  7. In the case of purchasing Credits - the Buyer receives the Credits immediately when the fee is credited by the Service Provider.

  8. Credits do not expire. Credits are held in the Buyer's Account and have no validity period.

  9. In order to purchase Credits on a one-time basis, the Buyer must follow these steps:

    • log in to the Platform
    • go to the "Pricing" tab
    • select the number of purchased Credits in the configurator
    • select “Get ... credits” button
    • provide the required data in the form
    • obligatorily tick the checkbox next to the declaration of reading the Terms of Service and the Privacy Policy and accepting their provisions
    • obligatorily tick the checkbox about agreeing to start the service, which is associated with the loss of the right to withdraw from the contract
    • optionally, select additional checkboxes within the form (if available)
    • click the "Order with obligation to pay" button
    • pay for the Credits through the Platform's integrated payment systems

  10. In order to purchase Credits under the Subscription Fee, the Buyer must complete the following steps:

    • log in to the Platform
    • go to the "Pricing" tab
    • select a specific variant from the Price List
    • provide the required data in the form
    • obligatorily tick the checkbox next to the declaration of reading the Terms of Service and the Privacy Policy and accepting their provisions
    • obligatorily tick the checkbox about agreeing to start the service, which is associated with the loss of the right to withdraw from the contract
    • optionally, select additional checkboxes within the form (if available)
    • click the "Order with obligation to pay" button
    • pay for the Credits through the Platform's integrated payment systems

  11. Payments within the Platform are carried out by integrated payment systems available on the Platform. The payment operator is Stripe Inc.

§ 8. Sales Contract

  1. Within the Platform—a separate Sales Contract is concluded between the Buyer and the Seller.

  2. For the avoidance of doubt, the Buyer and the Seller, by purchasing the Loop, declare that they are aware that the Service Provider is not a party to the Sales Contract.

  3. In order for the Buyer to purchase the Loop, the following steps must be followed:

    • enter the tab of the selected Loop
    • select the button with Loop price or "Buy now"
    • obligatorily tick the checkbox next to the declaration of reading the Terms of Service and the Privacy Policy and accepting their provisions
    • obligatorily tick the checkbox about agreeing to start the service, which is associated with the loss of the right to withdraw from the contract
    • optionally, select additional checkboxes within the form (if available)
    • select the "Buy now" button

  4. With the click of the "Buy now" button, a Sales Contract is concluded between the Seller and the Buyer.

  5. Upon conclusion of the Sales Contract, the applicable amount of Credits (equivalent to the price of the given Loop) is removed from the Buyer's Account.

  6. The Specification of the Loop, its elements, components and individual terms and conditions of a given Seller as part of the sale of the Loop can be found in the tab concerning a given Loop.

  7. After the sale of the Loop—the Seller undertakes to transfer the copyright to the Buyer in the form required by generally applicable law.

  8. By clicking the "Buy now" button, the Buyer gains immediate access to the Loop in their Account, where they can download the Loop file in ZIP format.

  9. The purchase of the Loop by the Buyer is tantamount to its permanent removal from the catalogue of available Loops on the Platform.

  10. The purchased Loop is purchased exclusively for the Buyer. The purchase of the Loop is final and non-refundable.

§ 9. Service Contract for the Seller

  1. The provisions of this paragraph apply only to Sellers and the Service for the Sellers.

  2. Services for the Seller are offered free of charge.

  3. On the basis of the Service contract for the Seller, the Service Provider enables the Seller to use the functionalities of the Platform, including in particular:

    • the ability to add Loops
    • the possibility of concluding a Sales Contract
    • access to the Platform
    • the possibility of listening to fragments of the Loop with the Watermark
    • the ability to add Loops to the favorites directory
    • the ability to observe Sellers
    • the ability to create and save a draft version of the Loop

  4. In order to conclude the Service Contract for the Seller, the Seller should perform the following actions:

    • sign-up / log-in to the Platform
    • go to the "Apply to become a seller" tab
    • enter the required data in the displayed form
    • obligatorily tick the checkbox next to the declaration of reading the Terms of Service and the Privacy Policy and accepting their provisions
    • optionally, select additional checkboxes within the form (if available)
    • click on the "Submit Application" button

  5. After clicking the "Create Account" option, the Seller will be contacted by e-mail or phone from a representative of the Platform. A representative of the Platform will manually verify the Seller. As part of the verification, the originality and general quality of the Seller's work will be evaluated. If the verification is successful, the Seller is required to create an account on the Stripe Connect platform, which will be used to receive payments related to the Platform.

  6. Service Contract for the Seller may be concluded only by entities based in the EU.

  7. In the process of registering the Seller's Account, the Seller is obliged to provide full data of the Seller, its representative (if applicable) and data necessary for settlements with the Service Provider.

  8. The Service Provider informs, and the Seller acknowledges, that the Seller's compliance of the Service for the Seller with Service Contract for the Seller does not require the Seller to install its updates.

  9. In accordance with the provisions of the DAC7 Directive, the Seller is obliged to provide the Service Provider with all required information and data necessary for reporting in accordance with generally applicable regulations.

  10. If the Seller fails to complete the required data, the Service Provider has the right to temporarily suspend his access to the functionalities on the Platform, including blocking the possibility of concluding Sales Contracts and processing payments.

  11. The Service Provider reserves the right to additional verification of the Seller's data in order to prevent abuse and in the event of a justified suspicion of possible irregularities and, in justified cases, to refuse to restore access to the Platform.

  12. After positive verification of the Seller—the access data will be provided in a confirmation e-mail from the Service Provider. Along with the moment of granting access to the Platform—Service Contract for the Seller is concluded.

  13. In order to upload the Loop to the Platform and sell it, the Seller is obliged to fill in the form with data on their Account, upload the Loop files and send it for review. The review is made by a representative of the Platform.

  14. The review consists of a formal, price, qualitative and quantitative assessment of a given Loop. A positive review results in the Loop being made available on the Platform and the possibility of selling it.

  15. The Service Provider has the right to make a unilateral decision not to accept the Loop.

  16. In particular, as part of the form referred to in section 13—the Seller shall specify the amount he would like to receive for the sale of the Loop to the Buyer in EUR. If accepted by the Platform representative and the Loop purchased by the Buyer—the Seller will receive the exact amount requested in the form, without charging any commission or deductions.

  17. By sending the Loop for evaluation, the Seller agrees to the Service Provider's valuation of the Loop in Credits for the purposes of making it available on the Platform. The final valuation of the Loop on the Platform will be shown in the Credits and with Service Provider valuation.

§ 10. Fees & Billing - Seller

  1. The provisions of this paragraph apply only to Sellers an d the Service to the Seller.

  2. As part of the Sales Contract concluded with the Buyer—in the case of purchase of the Loop by the Buyer—the Seller will receive the value of the Loop requested in the form referred to in paragraph 9 sections 13 and 16 of the Terms of Service.

  3. The Seller will receive payment for the Loop purchased by the Buyer within 10 days from the date of its purchase by the Buyer via payment systems integrated with the Platform.

  4. Payments are made in EUR.

  5. To the maximum extent permitted by law - all tax obligations in the scope of the Sales Contract and subsequent transfer of copyrights rest with the Seller.

  6. If it is not possible to transfer the payment for the Loop to the Seller using the payment systems integrated with the Platform, the Service Provider within 14 days from the date of purchase of the Loop by the Buyer shall pay the appropriate amount resulting from the Sale by bank transfer to the Seller's account, provided in the course of Account registration and verification described in paragraph 9 of the Terms of Service.

  7. All payments within the Platform are processed through the integrated payment system offered by Stripe. The Seller is required to set up a Stripe Connect account and accept Stripe's terms of service. The Service Provider shall not be liable in any way for any actions or omissions in relation to malfunctions or defects resulting from the operation of Stripe.

§ 11. Price List - Buyer

  1. The provisions of this paragraph apply only to the Buyer.

  2. The current Price List is available at https://www.loopique.com/pricing.

  3. The Price List may provide that a certain number of Credits may be granted free of charge. The price list may also provide for additional discounts or benefits.

  4. The Service Provider may change the Price List at any time.

  5. The change of the Price List does not in any way affect the amount of fees specified under the Contracts for the provision of a given Service or Credits for the Buyer concluded before the change of the Price List.

§ 12. Complaints Regarding the Service - Consumers and Entrepreneurs with Consumer Rights

  1. The provisions of this paragraph apply only to Consumers and Consumers with the rights of an Entrepreneur.

  2. The Service provided to you by the Service Provider must comply with the Contract applicable to you for the entire period of the Service.

  3. The Service Provider shall be liable for the Non-Compliance disclosed during the period of provision of the Service.

  4. In the event of revealing a Non-Compliance, the User may file a complaint requesting that the Service be brought into compliance with the Contract on its provision.

  5. The complaint shall be submitted by e-mail to the address indicated in § 1 section 5 point 1 of the TOS.

  6. The complaint should include:

    • User's name and surname
    • e-mail address
    • a description of the disclosed Non-Compliance
    • Request that the Service be brought into conformity with the Contract for its Provision

  7. The Service Provider may refuse to bring the Service into conformity with the Contract for its provision if it is impossible or would require the Service Provider to incur excessive costs.

  8. After considering the complaint, the Service Provider provides the User with a response to the complaint, in which:

    • acknowledges the complaint and indicates the planned date of bringing the Service into compliance with the Contract for its provision
    • refuses to bring the Service into conformity with the Contract for its provision for the reasons indicated in section 7 above
    • rejects the complaint due to its unfoundedness

  9. The Service Provider shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.

  10. If the complaint is accepted, the Service Provider at its own expense brings the Services into compliance with the Contract for its provision within a reasonable time from the moment of receipt of the complaint and without undue inconvenience to the User, taking into account the nature of the service and the purpose for which it is used. The Service Provider indicates the planned date of bringing the Service into compliance with the Contract for its provision in response to the complaint.

  11. In the event of revealing the Non-Compliance, the Buyer may submit a statement of withdrawal from the Contract to the Service Provider when:

    • bring the Service into conformity with the Contract for its provision is impossible or requires excessive costs
    • The Service Provider has not brought the Service into compliance with the Contract for its provision in accordance with section 10 above
    • The Non-Compliance persists even though Service Provider has attempted to bring the Service into conformity with the relevant Contract
    • The Non-Compliance is so significant that it justifies withdrawal from the Contract for the provision of the Service without prior demand from the Service Provider to bring the Service into conformity with the Contract for its provision
    • it is clear from the Service Provider's statement or circumstances that the Service Provider will not bring the Service into compliance with the Contract for its provision within a reasonable time or without undue inconvenience to the User

  12. The statement of withdrawal from the Contract may be submitted by e-mail to the address indicated in § 1 section 5 point 1 of the Terms of Service.

  13. The statement of withdrawal from the Contract should include:

    • User's name and surname
    • e-mail address
    • the date the Service was provided to you
    • a description of the disclosed Non-Compliance
    • indication of the reason for making the statement, selected from among the reasons indicated in section 11 above
    • a statement on price reduction, together with an indication of the reduced price or a statement on withdrawal from the Contract

  14. In the event of withdrawal by the User from the Contract for the provision of the Service of using the Platform, the Service Provider deletes the Account immediately after receiving the statement of withdrawal from the Contract for the provision of the Service.

  15. Pursuant to Article 34(1a) of the Consumer Rights Act, if the User withdraws from the Contract for the provision of the Service, the User is obliged to cease using the Service and making it available to third parties.

§ 13. Complaints Services - Entrepreneurs

  1. The provisions of this paragraph apply only to Entrepreneurs.

  2. In the event of revealing Non-Compliance of the Service with the Terms of Service, the User may file a complaint.

  3. A complaint shall be submitted in writing or by e-mail to the address indicated in § 1 section 5 of the Terms of Service, no later than within 30 days from the date of disclosure of the Non-Compliance.

  4. The complaint should include:

    • Username
    • e-mail address
    • a description of the disclosed Non-Compliance of the Service with the Terms of Service

  5. The Service Provider may refuse to bring the Service into compliance with the Terms of Service if it is impossible or would require the Service Provider to incur excessive costs.

  6. After considering the complaint, the Service Provider provides the User with a response to the complaint, in which:

    • accepts the complaint and indicates the planned date of bringing the Service into compliance with the Terms of Service
    • refuses to bring the Service into compliance with the Terms of Service for the reason indicated in section 5 above
    • rejects the complaint due to its unfoundedness

  7. The Service Provider shall respond to the complaint by e-mail within 21 (twenty-one) days from the date of its receipt. In particularly complicated cases, the deadline for responding to a complaint may be extended to 30 calendar days.

§ 14. Right to Withdraw from the Contract - Consumers and Entrepreneurs with Consumer Rights

  1. The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.

  2. Pursuant to Article 27 et seq. of the Consumer Rights Act, the Buyer has the right to withdraw from the Contract without giving any reason within 14 (fourteen) days from the date of its conclusion.

  3. The User exercises the right to withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Service Provider. To meet the deadline for withdrawal from the Contract, it is sufficient to send the statement before the expiry of the deadline referred to in section 1 above.

  4. The statement of withdrawal from the Contract may be submitted by the User in any form, in particular on the form constituting Appendix No. 2 to the Act on Consumer Rights.

  5. In the event of submitting a statement of withdrawal from the Contract, the Service Provider shall immediately send the User a confirmation of its receipt by e-mail.

  6. In the event of withdrawal from the Contract by the Buyer, the Service Provider will delete the Account immediately after receiving the statement of withdrawal from the Contract.

  7. The User shall not have the right to withdraw from the Contract in relation to the Contracts if the Service Provider has fully performed the service with the express consent of the User who is a Consumer and the Entrepreneur with the rights of a Consumer, who has been informed that after the performance of the service by the Service Provider he will lose the right to withdraw from the Contract.

§ 15. Content & Reviews

  1. The Buyer and the Seller may send the Service Provider a Review regarding the services provided by the Service Provider.

  2. Reviews may be sent in any way, including by e-mail.

  3. Sending a Review does not impose an obligation on the Service Provider to publish it.

  4. A Review published by the Service Provider may be deleted by the Service Provider at any time.

  5. It is forbidden to post Content and Reviews:

    • containing false data, contrary to the law, the TOS or good practices
    • Content that is intended to conduct activities that are prohibited by law, incite violence, hatred, or insult any group of individuals or individuals
    • containing content that may infringe personal rights, copyrights, right of image or other rights of third parties
    • Contains advertising, promotional, political, religious, or discriminatory content
    • containing content promoting competitive activity against the Service Provider

  6. Any person using the Platform (hereinafter: "Submitter") is entitled to report Content or Review that may violate the Terms of Service.

  7. Registration can be made in the following ways:

    • e-mail at address: contact@loopique.com
    • in writing, preferably by registered mail to the following address: skr. poczt. 20, Opaczewska 43, 02-201 Warsaw, Poland
    • via interactive "Report a violation" button available on every tab of the specific Loop

  8. The report should include the following information:

    • a sufficiently substantiated explanation of the reasons why the Content or Review constitutes illegal content
    • a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the Content or Review, as appropriate to its type and the functionality of the Platform
    • the name and e-mail address of the Reporting Person, except for a report concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU
    • a statement confirming the Submitter's belief in good faith that the information and allegations contained therein are correct and complete

  9. Upon receipt of the request, the Service Provider sends the Applicant a confirmation of its receipt to the e-mail address indicated by the Applicant.

  10. If the notification does not contain the elements indicated in section 8 above or contains errors, the Service Provider may request the Applicant to supplement or correct the notification within 14 days from the date of receipt of the above-mentioned request. If the Applicant fails to supplement or correct the application within the time limit indicated in the preceding sentence, the Service Provider may leave the application without consideration.

  11. The Service Provider verifies the submitted Content or Review within 14 days from the date of receipt of a complete and correct notification. As part of the verification activities, if necessary, we will ask the applicant to send the necessary additional information or documents. We may block the visibility of Content or Reviews until we hear your report.

  12. After verifying the Application, the Service Provider:

    • removes the Content or Review that violates the TOS
    • restores the Content or Review that does not violate the rules resulting from the Terms of Service (if its visibility was blocked at the stage of verification of the Application)
    • giving reasons for the decision

  13. In the event of removal of Content or Review, the Service Provider shall immediately notify both the Applicant and the Buyer or Seller who published the removed Content or Review, stating the justification for its decision.

  14. The justification of the Service Provider's decision includes:

    • an indication of whether the decision includes the removal of the Content/Review, blocking its visibility, depositioning or imposes other measures referred to in the Terms in relation to this Review and, if applicable, the territorial scope of the decision and its duration
    • the facts and circumstances on the basis of which the decision was made, including, where applicable, whether the decision was made on the basis of a report made by the Submitter or on the basis of voluntary verification activities carried out on the initiative of the Service Provider and, where strictly necessary, the identity of the Submitter
    • where applicable, information on the use of automated means in decision-making, including whether a decision was made in relation to Content/Review detected or identified through the use of automated tools
    • if the decision relates to potentially prohibited Content/Review, an indication of the legal basis or contractual basis on which the decision is based and an explanation of the reasons why the Review is considered prohibited on this basis
    • clear and friendly information for the Buyer, Seller and Applicant on their options to appeal against the decision

  15. The Buyer or Seller whose Content or Review has been removed or the Applicant whose Service Provider refuses to remove the reported Content/Review may appeal against the Service Provider's decision.

  16. An appeal can be filed in the following ways:

    • e-mail at address: contact@loopique.com
    • in writing, preferably by registered mail to the following address: skr. poczt. 20, Opaczewska 43, 02-201 Warsaw, Poland

  17. The appeal should include:

    • name and surname or name of the appellant
    • contact details (e-mail address, correspondence address)
    • a detailed justification why, in the appellant's Review, why the Service Provider's decision is erroneous and should be changed

  18. The Service Provider shall immediately confirm receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.

  19. Appeals are considered within 14 days from the date of their receipt by an authorized team of the Service Provider (these activities will not be carried out in an automated manner, without human participation).

  20. The Service Provider notifies the appellant of the decision made as a result of considering the appeal by e-mail, and if at the same time it considers the reported content to be unlawful—it takes actions against it provided for in the Terms of Service.

  21. By submitting Content or Review, the Buyer or Seller declares that they are the sole author of the Review. The Buyer and the Seller are fully responsible for the Content/content of the Review and the consequences of its publication (including infringement of personal rights and intellectual property rights of third parties).

  22. By sending the Content/Review, the Buyer and the Seller grant the Service Provider a free, non-exclusive license to use it (hereinafter: "License").

  23. The license is granted for an indefinite period of time (with the possibility of termination for two years in advance, effective at the end of the calendar year) and without territorial limitations, and covers the use of the Content/Reviews in the following fields of use:

    • fixation and reproduction in any quantity, by any technique and in any format
    • dissemination in any way, by any means of communication, in particular by publication on the Platform and in the Service Provider's social media

  24. The License entitles the Service Provider to modify the Review, if it is necessary to disseminate it in a specific way, without changing its essence and content.

  25. The License authorises the Service Provider to grant further licenses to any selected third parties to use the Review. Further license referred to in the preceding sentence may be granted by the Service Provider for a fee or free of charge.

  26. The Buyer and the Seller undertake not to exercise their moral rights to the Content/Review (including the right to mark the authorship of the Content/Review and the right to supervise the use of the Content/Review) and authorize the Service Provider to exercise these rights on behalf of the Buyer or the Seller.

  27. The provisions of sections 28 and 29 apply only to the Sellers.

  28. Notwithstanding the provisions of sections 1-26 above, the Seller grants the Service Provider a free, non-exclusive license to use the Seller's name and logo (hereinafter: "Logo").

  29. The license referred to in section 28 above is granted for an indefinite period of time (with the possibility of termination for two years in advance, effective at the end of the calendar year) and without territorial limitations, and includes the use of the Logo in the following fields of use:

    • fixation and reproduction in any quantity, by any technique and in any format
    • dissemination in any way, by any means of communication, in particular by publication on the Platform and in the Service Provider's social media

§ 16. Seller's Responsibility

  1. The Service Provider undertakes to provide the Services with due diligence.

  2. The Parties exclude the rights resulting from the warranty—this provision is effective only in relation to Entrepreneurs.

  3. The Service Provider does not guarantee a specific level of performance, effectiveness or usability of the Platform in relation to the specific needs and uses of the Users.

  4. To the maximum extent permitted by the provisions of the Civil Code, the Service Provider shall not be liable for the consequences of using the Platform, including in particular the consequences of:

    • use by Users any services and functionalities available on the Platform contrary to their intended purpose or in violation of the law, principles of social coexistence or good morals
    • providing incorrect or false data by Users
    • use of data authorizing access to the Account by third parties, if these persons came into possession of such data as a result of their disclosure by the User or as a result of their insufficient protection by the User against access by such persons
    • loss of data and Content

  5. The Service Provider's liability for the lost profits of the Seller is excluded—this provision is effective only in relation to the Entrepreneurs.

  6. The Service Provider's liability for damages incurred by the User as a result of non-performance or improper performance of the obligation by the Service Provider is limited to damages in the form of actual losses suffered by the Seller and to the amount not exceeding the total amount of 2000 PLN. This provision is effective only in relation to Entrepreneurs.

  7. The Service Provider shall not be liable for any errors, irregularities, false statements and content inconsistent with the facts within the scope of the Sales Contract and the transfer of copyrights. The Sales Contract and the transfer of copyrights are a separate legal relationship concluded between the Seller and the Buyer. The Service Provider shall not be liable for the performance, actions and omissions within the scope of the Sales Contract.

  8. The Service Provider is not responsible for errors, low quality of recordings or other elements or inconsistency of the Loop with the description. The Seller is solely responsible for the qualitative and quantitative parameters of the Loop.

  9. The Service Provider shall not be liable for the consequences of any interactions between the Buyers and the Sellers (regardless of where these interactions occurred) who have established contact through the use of the Platform.

  10. The Service Provider is not responsible for or guarantees the suitability of a given Loop for the specific needs of the Buyer.

  11. To the maximum extent permitted by the provisions of the Civil Code, the Service Provider shall not be liable for disruptions in the functioning of the Platform, in particular resulting from:

    • force majeure
    • necessary conservation and modernization works carried out in the Platform
    • reasons attributable to the User
    • reasons beyond the Service Provider's control, in particular the actions of third parties, for which the Service Provider is not responsible

  12. The Service Provider undertakes to carry out the works referred to in section 11 point 2 above in a manner that is as least burdensome as possible for the Sellers and, if possible, to inform them in advance about the planned works.

  13. The Service Provider undertakes, as far as possible, to remove disruptions in the functioning of the Platform on an ongoing basis.

§ 17. Out-of-Court Dispute Resolution - Consumers and Entrepreneurs with Consumer Rights

  1. The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.

  2. Users have the option of using out-of-court methods of dealing with complaints and pursuing claims.

  3. Detailed information on the possibility of using out-of-court methods of handling complaints and pursuing claims by the Users and the rules of access to these procedures are available at the offices and on the websites:

    • district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection
    • Provincial Inspectorates of Trade Inspection
    • Office of Competition and Consumer Protection

  4. The Service Provider informs that unless such an obligation arises from mandatory provisions of law, it does not use out-of-court methods of dealing with complaints and pursuing claims.

§ 18. Service Provider's Intellectual Property

  1. All components of the Platform, in particular:

    • name of the Platform
    • the logo of the Platform
    • photos and descriptions
    • the principles of operation of the Platform, all its graphic elements, interface, software, source code and databases

    are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000—Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including the provisions of European Union law.

  2. Any use of the Service Provider's intellectual property without its prior, express permission is prohibited.

§ 19. Processing of Personal Data

  1. Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://www.loopique.com/legal/privacy-policy.

§ 20. Change of Service - Consumers and Entrepreneurs with Consumer Rights

  1. The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.

  2. The Service Provider may change the Service in the event of:

    • the need to adapt the Service to new devices or software used by Users to use the Service
    • the Service Provider decides to improve the Service by adding new functionalities to it or modifying existing functionalities
    • legal obligation to make changes, including the obligation to adapt the Service to the current legal status

  3. A change in the Service may not entail any costs on the part of the Users.

  4. The Service Provider informs Users about the change of the Service by placing a message on the Account informing about the changes. Independently, information about the change may be sent to Users by e-mail.

  5. If the change to the Service will significantly and negatively affect access to the Service, the Service Provider is obliged to inform the Users about:

    • the characteristics and timing of the amendment, and
    • the Buyer's right to terminate the Service Contract with immediate effect within 30 (thirty) days of the change

  6. The information referred to in section 5 above shall be sent by the Service Provider to the Users by e-mail, no later than 7 (seven) days before the change is made.

  7. Termination of the Service Contract by the User on the basis of section 5 point 2 above takes place by submitting to the Service Provider a statement on termination of the Service Contract. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in paragraph 1 section 5 point 1 of the TOS.

  8. Termination of the Service Contract pursuant to section 5 point 2 above has the same effects as paragraph 14 of the Terms of Service provides for in the event of withdrawal from the Service Contract due to the occurrence of Non-Compliance.

§ 21. Amendment to the Terms of Service - Consumers and Entrepreneurs with Consumer Rights

  1. The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.

  2. The Service Provider may amend the Terms of Service in the event of:

    • change the Service Provider's business
    • the Service Provider commences the provision of new services, modifications of the services provided so far or ceases to provide them
    • make technical modifications to the Platform requiring the provisions of the Terms of Service to be adapted to them
    • legal obligation to make changes, including the obligation to adapt the Terms of Service to the current legal status

  3. Users will be informed about the amendment to the Terms of Service by publishing their amended version on the Platform's website. Regardless of the change, the amended version of the Terms of Service will be sent to the Users by e-mail.

  4. To the Service Contracts concluded before the amendment of the Terms of Service, the provisions of the then applicable Terms of Service shall apply.

  5. The User who does not agree to the amendment of the Terms of Service may terminate the Service Provision Contract with immediate effect within 10 (ten) days from the date of receipt of information about the amendment to the Terms of Service. Failure to terminate shall be deemed to be consent to the amendment of the Terms of Service.

  6. Termination of the Service Contract takes place by submitting a statement of termination of this Contract to the Service Provider by the User. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in paragraph 1 section 5 point 1 of the TOS.

  7. Immediately after receiving the statement referred to in section 5 above, the Service Provider deletes the Account.

§ 22. Amendment of the Terms of Service - Entrepreneurs

  1. The provisions of this paragraph apply only to Entrepreneurs.

  2. The Service Provider may amend the Terms of Service, including in the event of:

    • change the Service Provider's business
    • the Service Provider commences the provision of new services, modifications of the services provided so far or ceases to provide them
    • make technical modifications to the Platform requiring the provisions of the Terms of Service to be adapted to them
    • legal obligation to make changes, including the obligation to adapt the Terms of Service to the current legal status

  3. The User will be informed about the change in the Terms of Service by publishing its amended version in the IT System through a message.

  4. Contracts concluded before the amendment of the TOS shall be governed by the provisions of the TOS in force at that time.

§ 23. Final Provisions

  1. The current version of the Terms of Service is effective from 6th October 2025.

  2. The Terms of Service are subject to Polish law. Any disputes under these Terms of Service will be resolved through amicable negotiations, and if no Contract is reached—before the competent common court. For disputes arising from the Services, where the Entrepreneur is a party—the competent court will be the court competent for the Service Provider's registered office.

  3. In matters not covered by the Terms of Service, the provisions of generally applicable Polish law shall apply.