Terms And Conditions

Terms and Conditions of the SimplePod.ai Online Platform

Effective date: 04.09.2026

§ 1

General Provisions

1. The Platform is a tool through which the Service Provider, via the Internet, provides Clients

with an electronic service within the meaning of the Act of 18 July 2002 on the Provision of

Electronic Services (consolidated text: Journal of Laws of 2024, item 1513, as amended), i.e.

the performance of a service rendered without the simultaneous presence of the parties (at a

distance), by means of data transmission at the individual request of the service recipient, sent

and received by means of electronic processing devices, including digital compression, and

data storage, which is entirely transmitted, received or relayed via a telecommunications

network.

2. The Platform enables the Client to remotely lease virtual servers for computational purposes,

which the Client operates independently. The system updates automatically to provide

additional functionalities and to maintain full compatibility with any changes.

3. The Platform is operated in accordance with these Terms and Conditions and the legal

provisions applicable to the Platform and the Service Provider’s activities, in particular those

governing the provision of services via the Internet.

4. By registering on the Platform and/or creating an account, the Client confirms that they have

read these Terms and Conditions and agree to all of their provisions.

5. These Terms and Conditions set forth:

a) The scope of the Electronic Service referred to in these Terms and Conditions;

b) The conditions for the provision of the Electronic Service, including:

- the technical requirements necessary for interaction with the ICT system used by the

Service Provider;

- the prohibition on the delivery of unlawful content by Clients.

c) The conditions for the conclusion and termination of the Electronic Service agreement;

d) The complaint procedure relating to the Electronic Service;

e) The rules for the use of the Platform, including the rights and obligations of Clients and

the Service Provider arising from the use of the Platform;

f) The rules for the conclusion and performance of the Electronic Service agreement and

payments;

g) The rules for refunds of fees paid by the Client;

h) The rules for sending notifications to the Client.

§ 2

Definitions and Contact Details

1. Capitalised terms used in these Terms and Conditions shall have the following meanings:

a) AI Act – Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13

June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence

Act);

b) Application Programming Interface (API) – an application programming interface made

available by the Service Provider, enabling the Client’s external software to communicate

with the Platform in an automated manner.

c) Price List – the schedule of fees for the Electronic Services and their individual

components (including the operating time of Virtual Servers in a given hardware

configuration, reserved disk space, data transfer, and input and output tokens under the

Inference API Service), published on the simplepod.ai website and in the Dashboard; the

Price List does not form part of these Terms and Conditions, and the rules for determining

and amending prices are set out in § 5(12)–(17) hereof;

d) Computing Point (CP) – points used for payment for the Electronic Service; the conversion

rate is 1 USD to 1 Computing Point (1 CP);

e) Dashboard – A control panel available to the Client upon logging in at dash.simplepod.ai

through which the Client may modify configuration settings and monitor their leased

virtual servers;

f) Data Processing Agreement (DPA) – a personal data processing agreement referred to in

Article 28(3) of the GDPR, concluded between the Client (as the Controller) and the

Service Provider (as the Processor), setting out the principles of security and protection

of personal data processed within the Electronic Services, including on virtual servers,

with the exception of the Inference API Service, to which § 13a(4) and (5) of these Terms

and Conditions shall apply;

g) Digital Services Act (DSA) – Regulation (EU) 2022/2065 of the European Parliament and

of the Council of 19 October 2022 on a Single Market For Digital Services and amending

Directive 2000/31/EC (Digital Services Act) (OJ EU L 277, 27.10.2022, p. 1, as amended);

h) End User Statement (EUS) – an End User Statement; a declaration submitted by the Client

at the request of the Service Provider, confirming the identity of the ultimate recipient of

the services and warranting that the leased computational resources shall not be used for

purposes subject to international sanctions, military purposes or the development of

dual-use technologies.

i) Individual Reservation Offer – a dedicated proposal to conclude a fixed-term GPU server

lease agreement on fixed terms (from 1 to 12 months), addressed exclusively to

Entrepreneurs and sent to the Client from the Service Provider’s official e-mail address:

help@simplepod.ai; the procedure for concluding the reservation agreement, including

the Preliminary Offer and the Final Offer, is set out in § 3(5) of these Terms and Conditions;

j) Inference API – a distinct functionality of the Electronic Service consisting in providing

programmatic access to Artificial Intelligence Models for the purpose of the automated

transmission of Inference input (Prompt) and the generation of Inference output on that

basis, billed according to the number of tokens consumed.

k) Inference input (Prompt) – any queries, commands, instructions, texts, parameters,

source code, files or other information voluntarily entered and transmitted by the Client

to an Artificial Intelligence Model via the Inference API service for the purpose of their

processing or of generating a response on their basis.

l) Inference output (Output) – any content, including in particular texts, source code,

analyses, images or other data, generated and made available to the Client by an Artificial

Intelligence Model in direct response to the Inference input (Prompt) entered by the

Client;

m) Client – a natural person, legal entity or organisational unit without legal personality to

which the law grants legal capacity, using the functionalities of the Platform, in particular

placing an order for the Electronic Service; the Client may be either a Consumer or an

Entrepreneur;

n) Civil Code – Polish law – the Act of 23 April 1964 – Civil Code (consolidated text: Journal

of Laws of 2024, item 1061, as amended);

o) Consumer – a natural person entering into a legal transaction with the Service Provider

(including the conclusion of an Electronic Service agreement) not directly related to their

business or professional activity, in accordance with Article 22¹ of the Civil Code.

Provisions concerning Consumers shall apply mutatis mutandis to a natural person

concluding an agreement directly related to their business activity, where the content of

such agreement indicates that it does not have a professional character for that person

(so-called Entrepreneur with Consumer rights);

p) Account – the Client’s individual account in the Service Provider’s system, used for logging

into the Platform, created using the Client’s e-mail address; the creation (activation) of

the Account requires confirmation of the e-mail address;

q) National e-Invoicing System (KSeF) is an ICT system serving in particular for: The issuance,

transmission, receipt, access to and storage of structured invoices, and the granting or

receiving of authorisations to use the KSeF;

r) Artificial Intelligence Models (or AI Models) – software or systems made available by the

Service Provider within the Electronic Service, including in particular generative artificial

intelligence models (e.g. large language models – LLMs), originating from the Service

Provider or licensed/made available by third parties (e.g. via external API interfaces),

enabling, inter alia, the processing of entered data (input) and the generation of content

(output) on the basis of the Client’s queries.

s) Platform – an ICT system operating at the internet domain address simplepod.ai, through

which the Service Provider provides the Electronic Service to Clients (including the

provision of computational resources of virtual servers) and enables account and payment

management;

t) Entrepreneur – a natural person, legal entity or organisational unit without legal

personality to which the law grants legal capacity, conducting business or professional

activity in its own name, entering into a legal transaction with the Service Provider

(including the conclusion of an Electronic Service agreement) directly related to its

business or professional activity;

u) Terms and Conditions – these terms and conditions governing the rules of operation of

the Platform, published at https://simplepod.ai/terms-and-conditions;

v) General Data Protection Regulation (GDPR) – Regulation (EU) 2016/679 of the European

Parliament and of the Council of 27 April 2016 on the protection of natural persons with

regard to the processing of personal data and on the free movement of such data, and

repealing Directive 95/46/EC (OJ EU L 119, 04.05.2016, p. 1, as amended);

w) Electronic Service – a paid service provided electronically by the Service Provider to the

Client, consisting in the provision of computational resources of a virtual server (including

in the form of a VPS or an isolated Docker environment) and in providing access to artificial

intelligence models (including via API interfaces). Commencement of the Electronic

Service requires an active Account in the system and a positive balance of prepaid funds

(Computing Points). The Service is provided on a continuous or transactional basis

(depending on the specific nature of the selected service) until the funds in the Client’s

account are exhausted or until the Service is independently suspended (stopped) or

cancelled by the Client via the Dashboard;

x) Service Provider – SimplePod.ai spółka z ograniczoną odpowiedzialnością spółka

komandytowa, with its registered office in Jagatowo, ul. Dolina Krzemowa 6A, 83-010

Jagatowo, TIN: PL6040221578, REGON: 387827389; KRS: 0000876797

y) Act on the Provision of Electronic Services – Polish law – the Act of 18 July 2002 on the

Provision of Electronic Services (consolidated text: Journal of Laws of 2024, item 1513, as

amended)

z) Virtual Server – dedicated computational resources made available to the Client by the

Service Provider within the scope of the Electronic Service, operating in the form of a VPS

(Virtual Private Server) environment or an isolated Docker instance. The Virtual Server is

intended for computational purposes and is remotely launched, configured and managed

directly by the Client via the Dashboard.

2. The Service Provider’s details are as follows:

SimplePod.ai spółka z ograniczoną odpowiedzialnością spółka komandytowa, with its

registered office in Jagatowo, ul. Dolina Krzemowa 6A, 83-010 Jagatowo, REGON 387827389,

TIN PL6040221578, KRS 0000876797; e-mail: help@simplepod.ai

3. Through the information contained in these Terms and Conditions and the relevant

information available on the Platform, the Service Provider provides the information referred

to in paragraph 2 above and informs about:

a) The main characteristics of the service, taking into account the subject matter of the

service and the manner of communication with the Client;

b) The price of the Electronic Service;

c) The method and time limit for payment;

d) The method and time limit for the performance of the service by the Service Provider;

e) The complaint handling procedure applied by the Service Provider;

f) The existence and content of guarantees and after-sales services and the manner of their

performance;

g) The functionality of digital content and the technical measures for its protection;

h) The relevant interoperability of digital content with hardware and software that the

Service Provider is aware of or can reasonably be expected to be aware of;

i) The possibility of using out-of-court complaint and redress mechanisms and the rules of

access to such procedures;

j) The procedure for the conclusion of the agreement on the Platform.

§ 3

Procedure for the Conclusion of the Electronic Service Agreement on the Platform

1. The Platform serves for the conclusion of the Electronic Service agreement between the

Service Provider and the Client.

2. The procedure for the conclusion of the Electronic Service agreement via the Platform

comprises the steps described in paragraphs 3, 4, 5 and 6 and the procedure for payment and

provision of the Electronic Service described in § 4 of these Terms and Conditions.

3. In order to place an order for the Electronic Service and to make full use of the Platform, i.e.

to use all of its available functionalities, the following steps are required:

a) creating a profile on the website by registering the Client;

b) activating the account via the link contained in the sent e-mail message;

c) logging into the Account using a login and password;

d) making the relevant payment for Computing Points via the available payment gateways.

4. Each launch of a Virtual Server constitutes the conclusion of a separate agreement for the

provision of the Electronic Service. This agreement is concluded for an indefinite period and

remains in force until:

a) the deletion (removal) of the resource by the Client,

b) the failure to maintain sufficient funds for the next hour of operation of the Electronic

Service in the Client’s Account (prepaid model), which results in the automatic

termination of the agreement and the possibility of the resource being deleted by the

Service Provider. The Service Provider is entitled to immediately cease the provision of

the service, which may entail the irreversible deletion of the data stored on the Virtual

Server.

5. Conclusion of a long-term GPU server reservation agreement for a predetermined period

(from 1 to 12 months). This service is addressed exclusively to Clients who are Entrepreneurs.

The reservation agreement is concluded in accordance with the following procedure: (a) the

Client submits an individual enquiry to the e-mail address help@simplepod.ai; (b) in response

to the enquiry, the Service Provider sends the Client, from the e-mail address

help@simplepod.ai, an Individual Reservation Offer (the Preliminary Offer), specifying in

particular the parameters of the reserved instance, the reservation period and the price; (c) a

Client interested in concluding the agreement sends the Service Provider, in reply to the

Preliminary Offer, a confirmation of its intention to conclude the reservation agreement on

the terms set out in that Offer, from the e-mail address assigned to the Client’s Account; (d)

upon receipt of the confirmation of intention, the Service Provider sends the Client a Final

Offer, confirming the date of launch (provision) of the reserved instance and specifying the

final amount due and the deadline for its payment (topping up the Account balance); (e) the

fixed-term reservation agreement is concluded upon the Client topping up the Account

balance with the amount indicated in the Final Offer, effected within the time limit specified

therein. Neither the mere sending of the Preliminary Offer nor the confirmation of intention

referred to in point (c) above results in the conclusion of a reservation agreement or in the

reservation of computational resources for the Client. The Final Offer is binding for 7 (seven)

days from the date on which it is sent to the Client from the e-mail address help@simplepod.ai,

unless a different payment deadline or a different validity period is specified therein. Topping

up the Account balance with the amount indicated in the Final Offer after the expiry of its

validity period does not result in the conclusion of a reservation agreement; in such case, the

funds paid are booked as an ordinary top-up of the Account balance with Computing Points.

The Client may contact the Service Provider at help@simplepod.ai in order to individually

agree the terms of a possible reservation agreement. The moment of commencement of the

provision of the service (the launch of the reserved instance) is agreed individually with the

Client and confirmed in the Final Offer, in particular on account of the need to configure the

environment beforehand. The term of the reservation agreement runs from the moment of

provision (launch) of the reserved instance agreed with the Client until the end of the period

selected in the Offer. In order to extend the reservation agreement for a further period, the

Client is obliged to send a new enquiry to the e-mail address help@simplepod.ai no later than

14 days before the end of the current reservation agreement. The procedure described in

points (a)–(e) above shall apply to the conclusion of a reservation agreement for a further

period.

6. Owing to its different nature and separate billing model, in the case of the Electronic Service

consisting in the provision of access to artificial intelligence models (e.g. access via the

Inference API), a separate agreement for the provision of that service is concluded at the

moment the Client actually commences using it, that is, upon sending a query (prompt) in the

API interface in order to generate a result. That agreement is of a transactional nature and is

terminated upon delivery of the generated result (output) or upon the occurrence of an error

terminating the process, and is settled separately in accordance with the current price list or

the consumption rate assigned to the given model.

7. Upon completion of the steps referred to in paragraph 3(a)–(d) above, the Client gains access

to the Dashboard, where they may lease servers:

a) The Client may select, configure and launch a virtual server in the form of a VPS

environment or an isolated Docker instance;

b) the access credentials necessary to establish a secure connection with the selected server

are provided to the Client directly from the Dashboard;

c) The Client bears sole responsibility for the regular backup of their own data stored and

processed on the server;

d) The Client bears full responsibility for independently stopping (suspending) or completely

deleting a running server.

8. The Service Provider shall not be liable for any loss of data, computational failure or

interruption of the computational process resulting from a software error, a physical machine

failure or an interruption in Internet access.

§ 4

Payments

1. Settlements for the Electronic Service are carried out under a prepaid model by topping up

the Account balance with Computing Points. Transactions are processed by external payment

gateways integrated with the Platform, which enable the use of currently available payment

methods (including, inter alia, MasterCard and Visa payment cards, as well as systems such

as Apple Pay and Google Pay).

2. Computing Points do not constitute any payment instrument, do not represent an

independent property right, are non-transferable and non-inheritable, have no value outside

the Platform and are neither redeemable for cash nor refundable. The foregoing shall not

exclude the Consumer’s rights arising from mandatory provisions of law, including the right

of withdrawal from the agreement.

3. The Client represents that they are the authorised user of the card, PIN code, key or code

associated with the payment and authorises the Service Provider to process the payment

through the selected external entity in relation to Computing Points, hardware or other

charges incurred by the user.

4. The top-up amount is converted into Computing Points at a rate of 1 USD to 1 CP.

5. The amount of the fees for the Electronic Services is set out in the Price List. The Price List

does not form part of these Terms and Conditions, and any amendment thereto does not

constitute an amendment to these Terms and Conditions and does not require compliance

with the procedure set out in § 19(7)–(10) hereof. An amendment to the Price List does not

affect the price applicable to the Client in respect of an Electronic Service already launched;

the rules for determining the price applicable to the Client and the exceptional rules for

amending it in the course of the provision of the service are set out in § 5(12)–(17) hereof. §

19(12) hereof shall apply to changes in the functionalities of the Electronic Service.

6. In order to ensure continuity of the service, the Client is responsible for maintaining sufficient

funds in their account.

7. In the event that the Client initiates an unjustified card payment reversal (so-called

chargeback) or any other form of payment authorisation rejection after topping up the

Account, the Service Provider reserves the right to immediately suspend the Client’s Account

and block access to Virtual Servers. The Service Provider is entitled to reduce the Client’s

Account balance by the equivalent of the unjustifiably reversed funds. Furthermore, in

respect of Clients who are Entrepreneurs, the Service Provider is entitled to deduct from their

balance the documented handling fees imposed by the external payment gateway operator

in connection with the processing of the reversed payment.

8. All Electronic Services made available on the Platform (including, inter alia, Virtual Servers,

the Inference API service and instances covered by an Individual Reservation Offer) are

settled from the common balance of Computing Points assigned to the Client’s main Account.

The Client bears sole responsibility for the ongoing monitoring of the balance and for

maintaining thereon funds sufficient for the performance of the entire reservation

agreement concluded. Where the Client uses additional services which result in the

premature exhaustion of Computing Points before the expiry of the reservation period, the

Service Provider reserves the right to automatically shut down or delete the reserved

instances, which shall not give rise to any claims for damages on the part of the Client.

§ 5

Prices and Taxes

1. In the Dashboard, the Client may select and configure:

a) a virtual server in accordance with their own needs;

b) an Inference API model

2. Prices for individual elements of the Electronic Service are displayed on the website prior to

and during the provision of the service.

3. Where an agreement is concluded on the basis of an Individual Reservation Offer, the price

for the lease of the reserved Docker/VPS instances shall remain unchanged throughout its

entire term. The service is settled on a continuous basis (Computing Points are progressively

deducted from the Account balance) at the rate resulting directly from the Offer received.

4. Prices quoted on the Platform are denominated in USD by default. At the order finalisation

stage, the integrated payment gateway operator presents the final amount payable

converted into the Client’s local currency (e.g. PLN, EUR, GBP) selected automatically on the

basis of the Client’s geolocation or card-issuing country, taking into account the current

exchange rate and any applicable currency conversion costs. Prior to confirming the

transaction, the Client may select the billing currency (e.g. local currency or USD), in

accordance with the options made available by the payment gateway at the given time.

5. The fee for using the Electronic Service is charged as follows:

a) the duration of use of the computational resources of the configured virtual server;

b) reserved local disk space;

c) reserved network disk space;

d) the volume of data downloaded from and uploaded to the Internet;

e) according to the number of input tokens (prompt) and output tokens (output) used in the

Inference API service;

f) the occurrence of an error terminating the query process (including an error attributable

to the Service Provider or to an external supplier of an Artificial Intelligence Model), as a

result of which the Client did not receive the Inference output, shall not give rise to a

charge for that query; any fee collected despite the occurrence of such an error shall be

refunded by the Service Provider to the balance of the Client’s Account in the form of a

top-up with Computing Points;

g) in the event of stopping the virtual server, charges are accrued for the leased disk space;

h) in the event of deleting the virtual server, the associated charges cease to accrue (this

does not apply to the associated network disk);

i) in the event of a failure of the Service Provider’s infrastructure resulting in the automatic

accrual of charges for the Virtual Server, the collected funds shall be refunded at the

Client’s request or on the Service Provider’s own initiative. The refund shall be effected

by granting a bonus top-up of the Account balance with Computing Points in an amount

equivalent to the erroneously accrued charges.

6. Cessation of the use of the Platform (inactivity) or shutting down the server without deleting

it does not result in the cessation of accrual of charges.

7. Where a new reservation agreement is not concluded (i.e. where a new Individual

Reservation Offer is not paid for) before the expiry of the term of the existing one, the

provision of the Electronic Service shall not be automatically suspended. However, as from

the first day following the end of the reservation period, the reserved instance shall

automatically switch to the standard continuous billing mode (pay-as-you-go). In such case,

Computing Points shall be deducted from the Account balance at the standard price

applicable to the given hardware configuration under the Price List in force on the day on

which the instance switches to the continuous billing mode (pay-as-you-go), until the server

is independently shut down/deleted by the Client or until the funds in the Account are

exhausted; § 5(13)–(17) hereof shall apply to any further change of the price so determined.

The Service Provider shall inform the Client of the approaching end of the reservation period

and of the transition of the reserved instance to the standard billing model (pay-as-you-go)

at least 7 days before the expiry of the reservation period (e.g. by e-mail or by means of a

message in the Dashboard).

8. In respect of Consumers domiciled in Poland or another European Union Member State and

Entrepreneurs with their registered office in Poland, the quoted prices are gross prices

(inclusive of VAT at the applicable rate).

9. In respect of Consumers domiciled outside Poland and the European Union, the quoted

prices are net prices. VAT, Sales Tax or another tax of a similar nature may be added to such

price in accordance with the legislation in force in the Consumer’s country of domicile. Such

tax is calculated and added automatically by the payment processing system at the order

finalisation stage. The Client shall be entitled to withdraw from further processing of the

order at this stage.

10. In respect of Entrepreneurs with their registered office outside Poland (including in EU

countries holding a valid EU VAT number and in non-EU countries), the quoted prices are net

prices. In such case, the obligation to account for the applicable taxes rests with the Buyer

(reverse charge procedure).

11. A User who is an EU-based Entrepreneur is obliged to provide a correct and valid EU VAT

number. In the absence of a correct number, the transaction shall be treated as a sale to a

Consumer with the applicable VAT rate being charged.

12. The amount of the fees for the Electronic Services is set out in the Price List published on the

simplepod.ai website and in the Dashboard. The Price List does not form part of these Terms

and Conditions. An amendment to the Price List does not constitute an amendment to these

Terms and Conditions and does not require compliance with the procedure set out in § 19(7)–

(10) hereof. An amended Price List shall apply to Electronic Services launched after it is

published and, in respect of services already being provided, solely on the terms and under

the procedure set out in paragraphs (14) to (16) below.

13. The price applicable to the Client for a given instance of a Virtual Server is the price resulting

from the Price List in the wording in force at the moment that instance is launched by the

Client. That price shall apply for a period of at least 14 days from the date on which the

instance is launched and, after the expiry of that period, until the date on which a change

thereto made under paragraph (14) below takes effect; in the absence of such a change, the

price shall remain unchanged throughout the entire period of uninterrupted provision of the

Electronic Service within that instance, until it is paused, shut down or deleted by the Client,

until the funds in the Account are exhausted, or until the agreement is terminated. The

launch of a new instance, as well as the re-launch of an instance previously paused or deleted,

shall take place at the price resulting from the Price List in force at the moment of such

launch. In respect of the Inference API Service, owing to its transactional nature, the

applicable price is the price resulting from the Price List in the wording in force at the moment

the given query (Inference input) is sent. A price that remains unchanged throughout the

entire agreed period is guaranteed solely by a reservation of resources under an Individual

Reservation Offer as referred to in paragraph (3) above.

14. After the expiry of the period referred to in the second sentence of paragraph (13) above,

the Service Provider may change the price of an instance settled under the standard

continuous billing model (pay-as-you-go) if all of the following conditions are met jointly:

a) the instance is not covered by an Individual Reservation Offer;

b) the change is justified by at least one of the following reasons: a change in the level of

demand for, or in the availability of, computational resources of a given hardware

configuration; an increase in the costs of electricity, data transmission, licences or

infrastructure maintenance; a change in the prices of services provided by third-party

suppliers used by the Service Provider; a change in the amount of public levies or

regulatory burdens; a change in the exchange rate affecting the cost of providing the

service; a material change in market conditions as regards computational resources;

c) the Service Provider has informed the Client of the change on a durable medium – by an

e-mail sent to the address assigned to the Account and, in addition, by a message in the

Dashboard – at least 14 days before the date on which the change takes effect, indicating

the existing price, the new price, the reason for the change from among those listed in

point (b) above, the date on which the change takes effect, and advising the Client of the

rights referred to in paragraph (16) below.

15. An amendment to the Price List published on the simplepod.ai website shall take effect

immediately, as of the moment of its publication, and shall apply to instances launched from

that moment. In respect of instances already being provided, the new price shall apply only

from the date indicated in the notice referred to in point (c) of paragraph (14) above; until

that date the Client shall be charged at the existing price, irrespective of the price displayed

in the Price List on the simplepod.ai website. A price determined for a given instance shall

apply for a period of at least 14 days, and any subsequent change thereto may not take effect

before the expiry of that period. A reduction of the price in the Client’s favour shall take effect

immediately and shall not require compliance with the procedure set out in paragraph (14)

above.

16. Until the date on which the price change takes effect, the Client may cease using the instance

concerned by shutting it down or deleting it in the Dashboard; such cessation shall not give

rise to any additional costs or obligations on the part of the Client. Continued use of the

instance after the date on which the change takes effect shall be deemed to constitute

acceptance of the new price and shall not require the Client to take any action. A Client who

does not accept the new price and has ceased using the instance shall be entitled –

irrespective of whether that Client is a Consumer or an Entrepreneur – to demand a refund

of the unused Computing Points accumulated in the Account. The Client shall submit the

refund request to help@simplepod.ai within 30 days of the date on which the price changetakes effect. The refund shall be made in an amount corresponding to the unused Computing

Points (1 CP = 1 USD), within 14 days of the date on which the request is submitted, using the

same payment channel through which the Client topped up the Account, unless the Client

expressly agrees to another method of refund which does not involve any costs for the Client.

The right referred to in the preceding sentences constitutes a claim and is not subject to the

discretionary assessment referred to in § 7(6) hereof.

17. Paragraphs (14) to (16) above shall not apply to prices determined in an Individual

Reservation Offer, which remain unchanged throughout the entire reservation period in

accordance with paragraph (3) above, nor to individual charges for queries under the

Inference API Service settled in accordance with the last sentence of paragraph (13) above.

§ 6

Invoices

1. The Client may obtain an invoice for services provided by the Service Provider. In order to

receive an invoice, the Client must fill in the invoicing details and select the invoice option

directly in the client panel at dash.simplepod.ai

2. The Service Provider informs that, in accordance with the applicable tax legislation, it issues

invoices for Entrepreneurs using the National e-Invoicing System (KSeF).

3. In connection with the issuance of invoices in the KSeF the Client’s personal data and – where

applicable – the data of persons acting on behalf of the Client, in particular first name,

surname, business name, address, TIN and transaction data, are transmitted to the KSeF to

the extent required by the provisions of law.

4. The legal basis for the processing of personal data for the purpose of issuing an invoice and

transmitting data to the KSeF is Article 6(1)(c) of the GDPR, i.e. compliance with a legal

obligation incumbent upon the Service Provider.

5. The Client acknowledges that the transmission of data to the KSeF occurs by operation of law

and is independent of the will of the parties, and the Service Provider may not waive this

method of documenting sales if the law imposes such an obligation upon the Service

Provider.

6. Detailed information regarding the rules for the processing of personal data, including in

connection with the issuance of invoices in the KSeF, is contained in the Privacy Policy

applicable at the Service Provider.

7. Invoices on the website dash.simplepod.ai:

a) For Entrepreneurs from Poland, these are preview invoices. For accounting purposes, the

invoice should be downloaded from the KSeF system.

b) For Entrepreneurs from outside Poland and all Consumers, the invoice constitutes an

accounting document.

8. Invoices for the purchase of Computing Points are issued within 14 days of the purchase and

may be downloaded by the Client on the website dash.simplepod.ai

9. The Client consents to receiving sales invoices by electronic means from the address

invoice@simplepod.ai to the e-mail address of the account user, subject to paragraph 7 of

this section.

§ 7

Refunds

1. The Consumer shall have the right to withdraw from the agreement within 14 days of its

conclusion without stating any reason, subject to paragraph 2

2. The right of withdrawal shall not apply to the Consumer if the provision of the service

commenced with their express consent prior to the expiry of the withdrawal period and after

the Service Provider informed them of the loss of the right of withdrawal.

3. The commencement of the provision of the service shall be deemed to occur at the moment

of the first launch (activation) of the leased virtual server in the Dashboard by the Consumer.

In the case of use of the Inference API service, the moment of “commencement of the

provision of the service” shall be deemed to be the sending of the first query (prompt). By

sending a query, the Client expressly requests the commencement of the provision of the

service, and upon receipt of the result the service shall be deemed to have been fully

performed.

4. In order to withdraw from the agreement and obtain a refund of the paid funds, the

Consumer should, within 14 days of making the payment (topping up the Account), send the

relevant statement to the Service Provider’s e-mail address: help@simplepod.ai. The

Consumer may use the model withdrawal form constituting Appendix No. 1 to these Terms

and Conditions for this purpose; however, this is not mandatory.

5. The refund shall be effected using the same payment method as that used by the Consumer.

6. In cases where the right of withdrawal does not apply (in accordance with paragraphs 1, 2

and 3 of this section) or in respect of Entrepreneurs, the Service Provider permits the

possibility of a voluntary refund of unused funds upon the Client’s express request. Each such

request shall be considered by the Service Provider within 14 days, and the decision on any

refund and its amount (after deduction of transaction and operational costs) shall be at the

Service Provider’s sole discretion and shall not constitute a basis for any legal claims by the

Client. The provisions of this paragraph shall not apply to the refund of unused Computing

Points to which the Client is entitled under § 5(16) hereof in connection with non-acceptance

of a price change; that refund constitutes a claim and shall be made without any deduction

of transaction or operational costs.

7. The fee shall be refunded within 14 (fourteen) days from the date of approval of the refund

by the Service Provider, via the same payment channel through which the Client topped up

the account.

§ 8

Obligations of Clients

1. All information provided by the Client on the Platform shall be truthful and consistent with

the actual factual and legal state of affairs.

2. The Client using the Electronic Service is prohibited from providing content of an unlawful

nature.

3. A Client using the Electronic Service for the purpose of training general-purpose artificial

intelligence models (GPAI) represents that they bear full responsibility for the fulfilment of

all regulatory obligations arising from the AI Act, including the proper classification of the

model, risk assessment and ensuring the transparency of data used for training.

4. The Client represents that:

a) they are not located in a country subject to a United States Government embargo or in a

country designated by the United States Government as supporting terrorism;

b) they do not appear on any sanctions list issued by Poland, the EU or the USA;

c) they do not act on behalf of any persons or entities designated on sanctions lists issued

by Poland, the EU or the USA.

5. The Service Provider reserves the right to require the Client to submit an End User Statement

(EUS). The Statement must be submitted in written or electronic form on a dedicated form

provided by the Service Provider and must be delivered together with all required annexes

indicated by the Service Provider. The submission of the Statement shall be required as part

of internal security procedures, routine Client verification, as well as in cases justified by the

provisions of law, in particular:

a) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021

setting up a Union regime for the control of exports, brokering, technical assistance,

transit and transfer of dual-use items;

b) EU Council regulations imposing restrictive measures (sanctions) against specific states,

persons or entities;

c) national legislation implementing the aforementioned regulations.

6. The Client undertakes to provide truthful information in the EUS regarding the identity of the

end user and the intended use of the Electronic Service.

7. Refusal to submit the EUS or the provision of false data shall entitle the Service Provider to

refuse to provide the Electronic Service or to block access thereto. In such case, unused

Computing Points shall be refunded subject to § 7.

8. The Client represents that the leased computational resources shall not be used for the

purposes specified in § 16.

9. Where services based on language models (Inference API) are used, the Service constitutes

an infrastructure tool. If the Client makes functionalities based on the Service available to

end users, the Client acts as a deployer or as a provider of an AI system within the meaning

of Regulation (EU) 2024/1689 of the European Parliament and of the Council (AI Act) and is

responsible in particular for: (a) informing natural persons that they are interacting with an

AI system, unless this is evident from the context (Article 50(1)); (b) disclosing that deepfake

content made available has been artificially generated or manipulated (Article 50(4)); (c)

labelling published informational texts generated by AI without editorial review; (d) ensuring

the compliance of the system with the requirements applicable to high-risk systems, where

the Client’s application falls within their scope. At the Client’s request, the Service Provider

shall provide the information in its possession concerning the model made available (model

card, licence, limitations) necessary for the fulfilment of the above obligations.

10. Where artificial intelligence services are used (including the Inference API Service), the Client

retains all rights vested in it to the content transmitted to the Service (so-called input). The

Service Provider claims no ownership rights to the results generated by the models at the

Client’s request (output) and – to the extent that any rights could arise on the part of the

Service Provider – transfers them to the Client or grants the Client full consent to their use.

The Service Provider does not warrant that the generated results are unique (similar queries

by other users may generate identical or similar results) or that they do not infringe the

intellectual property rights of third parties. The Client bears full and exclusive responsibility

for the manner, legality and consequences of the use of the generated results (output).

§ 9

Security

1. Upon registration and when logging into the Account, the Client should use a strong

password and enable two-factor authentication in order to secure their account.

2. The Service Provider shall not be liable for unauthorised access to the Client’s account on the

website dash.simplepod.ai nor for any communication and activity on the Platform where

the Client failed to use a strong password, failed to ensure its security, or where the Client’s

password was leaked to the Internet from other programs or internet portals. The Service

Provider shall not be liable for the use of the Client’s account and password by a person who

used such data without the user’s consent. The Service Provider shall not refund funds

consumed as a result of unauthorised access. If the Client believes that the confidentiality of

their login credentials or password may have been compromised, they must immediately

notify the administrator help@simplepod.ai

3. The Service Provider shall not be liable for the loss of data on the virtual server.

4. The Service Provider shall not be liable to the Client for the loss of data or incomplete

computations resulting from a server failure or insufficient Computing Point funds in the

Client’s account.

5. The Client is obliged to perform backups within their own scope of responsibility.

6. The Client acknowledges that the virtual server leased by the Client may cease to operate at

any time due to an infrastructure failure.

§ 10

Termination of the Electronic Service and Account

1. The Client may terminate the use of the Electronic Service at any time. The termination of

the Electronic Service agreement shall be effected by deleting all services. In such case, the

agreement shall be terminated automatically without the need for additional declarations by

the parties.

2. Owing to the transactional nature of the Electronic Service consisting in access to Artificial

Intelligence Models (including the Inference API service), the provision thereof within a single

query is terminated automatically upon the correct delivery to the Client of the generated

Inference output in the platform interface, or upon the final interruption of the process as a

result of a system error. The automatic termination of the provision of that service shall not

affect the further operation of the Client’s Account or the provision of any other Electronic

Services of a continuous nature.

3. The Client may stop or delete the leased virtual servers at any time directly via the Dashboard

or by using the API.

4. The Electronic Service provided on the basis of an Individual Reservation Offer shall continue

until the end of the period indicated in the Offer, after which it shall automatically switch to

the standard lease model settled on an ongoing basis (pay-as-you-go), unless the

Entrepreneur extends the reservation in accordance with these Terms and Conditions. Owing

to the specific nature of agreements of this type, the Entrepreneur shall not be entitled to

suspend (pause) the accrual of charges at any time during the entire reservation period.

Pausing (temporarily suspending) or completely deleting the assigned GPU server before the

expiry of the reservation period shall be treated as a unilateral breach of the reservation

agreement by the Entrepreneur. Such action shall result in the immediate and irrevocable

loss of the promotional price specified in the Offer and in the absence of any right to demand

a refund of the funds paid for the unused part of the reservation period. If the Individual

Reservation Offer so provides, early termination of the reservation agreement for reasons

attributable to the Entrepreneur (including pausing or deleting the reserved instance before

the expiry of the reservation period) shall give rise to an obligation to pay the Service Provider

an early termination fee in respect of the reservation agreement, in the amount and on the

terms specified in that Offer. That fee constitutes a settlement of the benefit lost by the

Service Provider on account of the discount granted and of the costs of maintaining the

reserved computational resources. The fee shall be collected from the balance of Computing

Points assigned to the Client’s Account and, in the absence of sufficient funds, shall be

payable on the basis of an invoice issued by the Service Provider, within 7 (seven) days of its

delivery. The funds (Computing Points) accumulated in the Account shall not be forfeited and

shall remain available to the Client for use within other Electronic Services; only the right to

demand their refund (payout) for the unused part of the reservation period is excluded. In

the event of any resumption of the operation of a paused instance, it shall from that moment

be settled solely in accordance with the standard Price List in force at the moment of

resumption (pay-as-you-go), with § 5(13)–(17) hereof applying accordingly.

5. The mere expiry of the term of an Individual Reservation Offer shall not result in the

automatic termination of the provision of the Electronic Service consisting in the lease of a

GPU server. That service shall remain fully active and shall be continued until it is

independently paused or completely deleted by the Client in the Dashboard, or until the

automatic cessation of the provision of the service by the Service Provider due to insufficient

funds in the Client’s Account.

6. The Account agreement shall be terminated within 14 days of submitting a request for

account deletion by e-mail to the address help@simplepod.ai

7. The Service Provider reserves the right to immediately cease the provision of the Electronic

Service (including the deactivation and deletion of virtual servers) in the event of a breach by

the Client of the provisions of § 16 of these Terms and Conditions (Prohibited Activities):

a) such action shall be treated as the termination of the agreement due to the Client’s fault

with immediate effect;

b) The Service Provider shall not be liable for the loss of the Client’s data resulting from the

immediate termination of the Service due to a breach of § 16.

8. Upon the termination of the provision of the Electronic Services (including after the complete

deletion of the Virtual Server by the Client, or by the Service Provider for the reasons

specified in these Terms and Conditions), the data entered and stored by the Client within

the given Service may be retained in the Service Provider’s backup system for a period of up

to 7 (seven) days solely for technical purposes and to ensure the security of the

infrastructure, after which it shall be permanently and irreversibly deleted. The retention of

data in backup copies is of an operational nature and does not impose upon the Service

Provider any obligation to archive or recover such data at the Client’s request after the

termination of the agreement. The above provision concerning backup copies does not apply

to the Inference API Service, in respect of which Inference input and Inference output are not

stored persistently, in accordance with the rules described in § 13a of these Terms and

Conditions.

§ 11

Complaints

1. The Service Provider informs that, in accordance with the current state of the art, it is not

possible to produce a computer program in such a manner as to ensure its continuous

reliability.

2. The Service Provider shall not be liable for defects in the Electronic Service resulting from the

Client’s malfunctioning infrastructure, in particular the internet connection with the leased

server.

3. Complaints concerning the Electronic Service shall be submitted using the contact details

referred to in § 2(2) of these Terms and Conditions.

4. Complaints referred to in paragraph 3 above shall be considered within 14 days of their

receipt. The Service Provider shall inform the Client of the outcome of the complaint using

the Client’s contact details provided in the complaint.

5. In respect of Clients who are Entrepreneurs, any liability of the Service Provider for defects

in the Electronic Service shall be limited to the rectification or removal of such defects.

6. In respect of Clients who are Entrepreneurs, the total liability of the Service Provider for non-

performance or improper performance of the agreement shall be limited to the equivalent

of the fees paid by the Entrepreneur to the Service Provider for the services to which the

claim relates during the 1 (one) month preceding the occurrence of the event causing the

damage. Furthermore, in respect of Entrepreneurs, the Service Provider’s liability for indirect

damages and lost profits (lucrum cessans) shall be entirely excluded. The above limitations

of liability shall not apply to damage caused by the Service Provider through wilful

misconduct.

7. The exclusions and limitations of the Service Provider’s liability set forth in these Terms and

Conditions shall not apply to Consumers, in respect of whom the Service Provider shall be

liable on the general principles set forth in the applicable legislation.

The Consumer shall have the right to use out-of-court complaint and redress mechanisms.

8. The Consumer may in particular:

a) in the case of Consumers from Poland: apply to the relevant district (municipal) consumer

ombudsman or a social organisation whose statutory tasks include consumer protection;

b) in the case of Consumers from other European Union Member States: seek assistance

from national consumer centres (European Consumer Centres Network), which provide

information on consumer rights in the EU and assist in cross-border disputes;

c) in the case of Consumers from outside the European Union: use mediation or amicable

settlement procedures available in the country of their habitual residence, provided that

the legislation of that country provides for such possibility in disputes with foreign service

providers.

§ 12

Technical Requirements

1. In order to use the Platform and conclude the Electronic Service agreement, the Client must

meet at least the following technical and formal requirements:

a) possess full legal capacity, and in the case of natural persons – be at least 18 years of age;

b) have permanent access to the Internet;

c) have an end device capable of browsing websites;

d) have an active electronic mail (e-mail) account;

e) use a correctly configured, latest version of a web browser (recommended: Google

Chrome);

f) use a current and supported operating system (e.g. Windows 10/11, macOS or Linux);

g) have a valid payment card or another payment instrument supported by the Platform’s

gateways for the purpose of making payments for the Electronic Service;

h) have JavaScript support and Cookie acceptance enabled in the web browser, which is

necessary for the proper functioning of the Dashboard, payment processing and

maintenance of a secure login session.

Failure by the Client to meet the technical requirements specified in the preceding paragraph

(in particular a different or incomplete configuration of computer hardware or software) may

result in the inability to use the Platform, including the inability to conclude the Electronic

Service agreement.

§ 13

Use of the API Interface

1. The Service Provider may provide Users with an application programming interface (API)

enabling the integration and automation of the use of the Services. Access to the API requires

the generation of a unique authorisation key (API Key) in the Account panel.

3. The User bears full responsibility for the security of their API key and for all actions and costs

generated through its use, including in the event of unauthorised third-party access caused

by the User’s negligence.

3. The use of the API must be in accordance with its intended purpose and the current technical

documentation made available on the Platform.

4. The Service Provider reserves the right to impose limits on the number and frequency of

requests sent to the API (so-called rate limits) in order to ensure the stability of the Platform.

Any attempts to circumvent such limits are strictly prohibited.

5. In the event of detecting activities threatening the security, stability or performance of the

Service Provider’s infrastructure, including in particular the generation of excessive network

traffic, the Service Provider reserves the right to immediately, temporarily or permanently

revoke the User’s API key without prior notice.

§ 13a

Use of the Inference API Service and Data Retention Rules (ZDR)

1. In the case of Artificial Intelligence Models made available directly from the Service Provider’s

own infrastructure (self-hosted models designated as EU-PL-01), Inference input and Infe-

rence output within the Inference API Service are processed solely in the working memory of

the Service Provider’s infrastructure, solely for the purpose and for the time necessary to

generate a response, and are not recorded on persistent storage media (the Zero Data Re-

tention principle). Upon completion of the processing of a single query, the content of the

Inference input and Inference output is irretrievably deleted.

2. The Service Provider does not use Inference input or Inference output from the Inference API

Service to train, fine-tune or improve any models, nor – in respect of Models made available

directly from the Service Provider’s own infrastructure – does it disclose the content thereof

to third parties.

3. Where the Inference API Service is provided via or with the use of external intermediary plat-

forms or external suppliers of Artificial Intelligence Models (Models without the EU-PL-01

designation), the Inference input and Inference output leave the Service Provider’s infra-

structure and are transmitted to such entities solely for the purpose and for the time neces-

sary to generate the Inference output. The Artificial Intelligence Model is selected by the

Client, whereas the supplier through which the given Model is made available is selected bythe Service Provider. The Service Provider applies solutions and API interface settings which

limit retention and exclude the use of Inference input and Inference output for the training

of artificial intelligence models by third parties. Beyond the settings applied by the Service

Provider, the data storage (retention) rules on the side of external suppliers are determined

by their own terms and conditions and privacy policies, over which the Service Provider exer-

cises no control; to that extent, the Service Provider does not guarantee the Zero Data Re-

tention principle.

4. The Client is prohibited from entering into the Inference input within the Inference API Se-

rvice any personal data within the meaning of the GDPR, including the special categories of

data referred to in Article 9 of the GDPR, as well as any information covered by legally pro-

tected secrecy. The Inference API Service is not intended for the processing of personal data;

within its scope the Service Provider does not act as a processor and does not conclude per-

sonal data processing agreements (DPAs). A Client intending to process personal data using

Artificial Intelligence Models is obliged to agree the terms of such processing with the Service

Provider in advance, including the use of Models designated as EU-PL-01 and the conclusion

of a separate personal data processing agreement (DPA) on the terms set out in § 14 of these

Terms and Conditions.

5. In the event of a breach of the prohibition referred to in paragraph 4, the Client shall bear

sole responsibility for entering personal data into the Inference API Service, for its disclosure

to external suppliers of Artificial Intelligence Models, for its transfer to third countries and

for the further processing of such data by those entities. To the extent permitted by the ap-

plicable provisions of law, the Service Provider shall not be liable for the consequences of

entering personal data into the Inference API Service contrary to the provisions of these

Terms and Conditions; this exclusion does not cover damage caused through wilful miscon-

duct or liability which, under mandatory provisions of law, may not be excluded or limited,

in particular towards Consumers.

6. Solely for billing, security and service reliability purposes, the Service Provider retains query

metadata (including: the timestamp, the model identifier, the number of input and output

tokens) for the period during which the Client uses the Account, that is, until its deletion, and

following the deletion of the Account – for the period necessary to settle the services provi-

ded, to fulfil the obligations arising from provisions of law, in particular tax and accounting

regulations, and until the expiry of the limitation period for claims arising from the agree-

ment. Such metadata does not contain the content of Inference input or Inference output.

7. The Inference API Service may also be made available via external intermediary platforms. In

such case, these Terms and Conditions shall apply irrespective of the access channel, whereas

the technical aspects of the integration may be subject to additional rules of the intermediary

platform.

8. The Inference API Service is made available in particular at the domain address

models.simplepod.ai . The provisions of these Terms and Conditions shall apply in full to the

use of the Inference API Service, as shall the English-language Terms of Service and Privacy

Policy published at

simplepod.ai.

9. All settlements for the use of the Inference API Service are effected under a transactional

model, exclusively from the funds (Computing Points) accumulated in the Client’s main Ac-

count on the Platform.

§ 14

Personal Data

1. The controller of the Client’s personal data is SimplePod.ai spółka z ograniczoną

odpowiedzialnością spółka komandytowa, with its registered office in Jagatowo, ul. Dolina

Krzemowa 6A, 83-010 Jagatowo, Poland, entered in the Register of Entrepreneurs

maintained by the District Court of Gdańsk-Północ in Gdańsk, 8th Commercial Division of the

National Court Register, under KRS number: 0000876797, TIN: 6040221578, REGON:

387827389

2. The Client’s personal data shall be processed for the purpose of the performance of the

agreement concluded between the Service Provider and the Client via the Platform in

accordance with Article 6(1)(b) of the GDPR. The performance of the agreement shall also be

understood as the exercise by each party of the rights arising from such agreement.

Furthermore, the Client’s personal data shall be processed for the purposes of the legitimate

interests pursued by the Controller (Article 6(1)(f) of the GDPR) and in accordance with the

internal Privacy Policy .

3. The recipients of the Client’s personal data shall include, inter alia: payment intermediaries,

accountants, auditors, lawyers and persons cooperating with the Service Provider who are

necessary for the performance of agreements concluded on the Platform.

4. The Client’s personal data may be transferred to third countries (outside the European

Economic Area) on the terms set out in the Privacy Policy, in particular on the basis of

standard contractual clauses (Article 46(2)(c) of the GDPR) or a European Commission

adequacy decision (Article 45 of the GDPR).

5. The Client’s personal data shall be processed for the period required for the pursuit of claims

by the parties and for the period required by the provisions of law. If the processing of

personal data is based on consent, the data shall be processed until such consent is

withdrawn.

6. The Client shall have the right of access to their data and the right to rectification, erasure,

restriction of processing, the right to data portability, the right to object, the right to

withdraw consent at any time without affecting the lawfulness of processing (if processing is

based on consent) carried out on the basis of consent prior to its withdrawal;

7. The Client shall have the right to lodge a complaint with a supervisory authority if they

consider that the processing of their personal data infringes the provisions of the General

Data Protection Regulation of 27 April 2016;

8. The provision of personal data by the Client is a condition for the conclusion of the Electronic

Service agreement with the Service Provider. The Client is obliged to provide such data, and

the consequence of failure to provide personal data shall be the inability to conclude and

perform the aforementioned service agreement.

9. The Client’s personal data shall not be used for profiling or automated decision-making

producing legal effects or similarly significantly affecting the Client, except in the cases

described in these Terms and Conditions (in particular the automatic suspension of the

Service in the event of exhaustion of funds in the Account).

10. Processing of Third-Party Data (DPA): Where the Client intends to use the Electronic Service

for the processing of personal data in respect of which the Client acts as the controller (e.g.

data of the Client’s users, data used for training AI models), the Client is obliged to inform

the Service Provider and to conclude a Data Processing Agreement (DPA) with the Service

Provider, subject to § 13a(4) and (5) of these Terms and Conditions, pursuant to which the

Inference API Service is not intended for the processing of personal data

11. In order to conclude the DPA, the Client should promptly contact the Service Provider at the

e-mail address: dpa@simplepod.ai. The processing of third-party personal data without the

conclusion of a DPA is prohibited and constitutes a material breach of these Terms and

Conditions.

§ 15

Notifications

1. Following the appropriate configuration of notifications in the user account, the Service

Provider shall send notifications to the Client in accordance with the communication option

selected directly in the panel.

2. Notifications may concern in particular:

a) notification of a payment credited to the user’s account;

b) notification of a low Computing Point balance;

c) notification of virtual servers being offline;

d) notification of changes to the Terms and Conditions or the Privacy Policy;

e) notification of an issued invoice;

f) notification of changes and updates;

3. The Service Provider stipulates that the notifications referred to in paragraph 2 are of an

informational nature and the selectable catalogue thereof is available from the Client’s

account.

§ 16

Prohibited Activities in the Use of the Electronic Services

1. The Electronic Services made available to Clients under these Terms and Conditions

(including Virtual Servers and the Inference API Service) shall not be used for:

a) activities contrary to the law;

b) conducting DDoS attacks;

c) cryptocurrency mining;

d) running applications infringing copyright;

e) storing and distributing illegal materials, including child sexual abuse material;

f) sending spam;

g) interfering with the security of other systems or networks;

h) running spyware or malware;

i) activities that may destabilise the network;

j) sharing the account with third parties without the consent of the service owner;

k) breaching password or data protections, including conducting brute-force attacks;

l) activities infringing the privacy of other persons;

m) storing personal data without the appropriate authorisations;

n) conducting gambling activities;

o) distributing unauthorised software;

p) activities related to human trafficking;

q) conducting terrorist activities;

r) activities related to racial or religious hatred;

s) violating environmental protection regulations;

t) unauthorised monitoring of network traffic;

u) using proxy servers to mask the IP address or other methods to conceal the place of

residence, whether in order to circumvent geographical restrictions applicable to the

order being placed;

v) creating, training or deploying artificial intelligence systems prohibited under the AI Act,

in particular systems employing subliminal techniques, exploiting vulnerabilities of

persons or used for social scoring by public authorities;

w) training AI models in breach of third-party copyright and personal data protection

regulations, in particular by using datasets obtained in an unauthorised manner;

x) resale, lease, sublicensing or any other form of commercial provision of the Virtual Server

or Computing Points to third parties without the express, prior written consent of the

Service Provider.

y) creating and disseminating so-called deepfakes (textual, video, audio or image content

deceptively resembling real persons, places or events) without the express labelling the-

reof, required by law, as artificially generated, as well as for generating and disseminating

disinformation, including electoral disinformation, and for deliberately impersonating

other persons or institutions;

z) designing, simulating, modelling for research purposes or developing any weapons, inclu-

ding in particular chemical, biological, radiological or nuclear (CBRN) weapons;

aa) deploying the Service as a component of a high-risk artificial intelligence system (in accor-

dance with Annex III to the AI Act) or for automated decision-making producing legal ef-

fects in relation to natural persons (Article 22 of the GDPR), without the Client fulfilling

the generally applicable legal requirements for such systems and without ensuring appro-

priate human oversight;

bb) providing automated advice in sensitive fields, in particular medical, legal or financial

applications, without ensuring the final verification of the results by an appropriately qu-

alified human being.

§ 17

Liability for Content and Abuse Reporting (DSA)

1. The Service Provider is a hosting service provider within the meaning of Regulation (EU)

2022/2065 (DSA). The single point of contact for communication with authorities and service

recipients: help@simplepod.ai

2. Any person may report to the Service Provider the presence of illegal content on a Client’s

Virtual Server by sending a notice to the address specified in paragraph 1. The notice should

contain: the reasons for considering the content to be illegal, an indication of its location (IP

address, server identifier), the contact details of the reporting person and a declaration of

acting in good faith (Article 16(2) of the DSA).

3. The Service Provider shall acknowledge receipt of the notice by electronic means and shall

consider it without undue delay in a non-arbitrary and objective manner. The Service Provi-

der shall inform the reporting person of the decision taken, providing the reasons therefor

and information on the available means of redress.

4. In the event of removal of content, blocking of access or restriction of the provision of the

Electronic Service on account of the illegality of the content or a breach of these Terms and

Conditions, the Service Provider shall provide the Client with a statement of reasons contai-

ning an indication of the restriction applied, its grounds and the available means of redress

(Article 17 of the DSA).

5. The Service Provider does not carry out general monitoring of content stored by Clients (Ar-

ticle 8 of the DSA).

§ 18

Liability of the Service Provider

1. The Service Provider shall not be liable, in particular, for the loss of the Client’s data.

2. The Service Provider reserves the right to temporarily shut down the server for maintenance

purposes

a) The Client shall receive a notification at least 2 days in advance in the case of scheduled

maintenance;

b) in unscheduled maintenance resulting from failures, notification shall be given

immediately.

3. The Electronic Service and the Virtual Server infrastructure are provided on an "as is" basis.

The Service Provider does not warrant that the leased hardware will achieve any

predetermined computational performance, processing speed or data transfer rate, or that

it will be 100% free from technical errors, performance fluctuations (e.g. thermal throttling)

or incompatibility with software supplied by the Client.

4. The Service Provider shall not be liable for financial losses resulting from the lack of access to

the server.

5. The Client undertakes to regularly create backup copies of their data and the Service Provider

shall not be liable for the Client’s failure to perform this obligation.

6. The Service Provider shall not be liable for damages resulting from force majeure.

7. The Service Provider shall not be liable for the consequences of actions by third parties, such

as hacking attacks.

8. The Client bears full responsibility for the security of their data on the server.

9. The Service Provider shall not be liable for hardware or software failures beyond its control.

10. The Service Provider reserves the right to modify the technical parameters of the server with

at least 7 days’ prior notice, unless the modification is necessary for security reasons, due to

a server failure or arises from circumstances beyond the Service Provider’s control.

11. The Service Provider shall not be liable for the loss of data caused by unauthorised actions of

the user.

12. The Service Provider does not guarantee any specific data transfer speed.

13. The Service Provider shall not be liable for the improper functioning of software supplied by

the Client.

14. The Service Provider reserves the right to terminate the provision of services without

compensation in the event of a breach of these Terms and Conditions by the Client.

15. The Service Provider shall not be liable for the loss of data resulting from a failure of the

power supply or connectivity system.

16. The Service Provider shall not be liable for the consequences of improper use of the server

by the Client.

17. The Service Provider stipulates that it uses its own hardware infrastructure as well as

resources and servers leased from external cloud service providers and data centres (so-

called external infrastructure) for the provision of the Electronic Service. The Service Provider

shall not be liable for interruptions in the operation of Virtual Servers and the loss of data

resulting from failures, unavailability or technical interruptions attributable exclusively to

external infrastructure providers, subject to the provisions of § 5 concerning the refund of

erroneously accrued charges.

18. The Service Provider does not actively monitor, scan or verify files, source codes, training

data or other content uploaded by the Client to the Virtual Server. However, the Service

Provider reserves the right to electronically monitor network traffic for technical purposes

and the right to disclose any content, logs or data relating to the Client’s Account if this is

necessary to comply with the requirements of generally applicable law, upon a credible

request from authorised state authorities (e.g. the police, the public prosecutor’s office or a

court of law).

19. The exclusions and limitations of the Service Provider’s liability set forth in these Terms and

Conditions shall not apply to Consumers, in respect of whom the Service Provider shall be

liable on the general principles set forth in the applicable legislation.

20. Owing to the specific nature of artificial intelligence technology, all results and content

generated via the AI Models made available (including the Inference API Service) are of a

purely probabilistic character. The Service Provider stipulates that the generated results may

be untrue, incomplete, out of date, biased or misleading, despite their seemingly convincing

form (so-called hallucinations). Results generated by AI shall under no circumstances

constitute legal, medical, tax, investment or any other professional advice. The Client is

strictly obliged to independently assess the usefulness, accuracy and veracity of the results

before using them and, in the case of applications capable of affecting the rights, health or

safety of persons, to ensure the verification of those results by a qualified human being. AI

Models are made available on an “as is” basis; they are models of third parties (e.g. Qwen –

Alibaba Cloud, under open-source licences, including Apache 2.0), which the Service Provider

has not trained or modified and for whose behaviour, operating logic and generated content

the Service Provider bears no liability, to the maximum extent permitted by mandatory

provisions of law.

21. A Client who is an Entrepreneur undertakes to fully release the Service Provider from liability

(indemnification) and to satisfy any claims, as well as to cover any costs (including legal costs),

losses and damages arising from third-party claims resulting directly or indirectly from:

a) the content transmitted by the Client to the Service (input),

b) the manner in which the Client uses the generated results (output),

c) the Client’s breach of the provisions of these Terms and Conditions, in particular the

prohibitions specified in § 16, and

d) the Client’s non-performance or improper performance of the obligations of a deployer

arising from the AI Act or from other generally applicable provisions of law.

22. The Service Provider reserves the right to freely update, add and withdraw the artificial

intelligence models made available. The Service Provider shall give notice of the planned

withdrawal of a given model at least 14 days in advance (e.g. by means of a message in the

Dashboard, on a dedicated page of the platform or by e-mail). The requirement to observe

the notice period shall not apply to situations in which the withdrawal of a model results

from causes beyond the Service Provider’s control (in particular: removal of the model by the

external supplier, loss or change of licence, infringement of third-party rights or critical

security considerations) – in such cases the model may be withdrawn with immediate effect

and without prior notice. To the maximum extent permitted by generally applicable law, the

Service Provider shall not be liable for any damage (including direct and indirect damage and

lost profits) suffered by the Client as a result of the withdrawal, modification, temporary

unavailability or failure of a selected artificial intelligence model.

§ 19

Final Provisions

1. The Platform and the activities related to the conclusion of agreements on the Platform are

available in the English language.

2. These Terms and Conditions are available in the Polish and English languages; the Polish text

shall prevail. In the event of any discrepancies between the Polish and the English language

version of these Terms and Conditions, the Polish version shall prevail. To the extent that the

use of the Electronic Services (in particular the Inference API Service) is additionally subject

to the English-language Terms of Service or Privacy Policy referred to in § 13a of these Terms

and Conditions, in the event of any conflict between those documents and these Terms and

Conditions, these Terms and Conditions shall prevail; the English-language documents shall

apply solely to matters not regulated herein and in respect of technical issues.

3. These Terms and Conditions are made available to the Client at https://simplepod.ai/terms-

and-conditions prior to the conclusion of the agreement, as well as – upon the Client’s

request – in a form that enables the acquisition, reproduction and recording of the content

of these Terms and Conditions by means of the ICT system used by the Client, including in

particular downloading, copying, saving to the Client’s disk or printing.

4. The Service Provider shall have the right to terminate the Electronic Service agreement and

block the Client’s Account with immediate effect if the Client breaches the provisions of these

Terms and Conditions, in particular attempts to hack the Service Provider’s infrastructure,

makes unauthorised modifications to the system or engages in the prohibited activities

specified in § 16. Any infringement of the Service Provider’s intellectual property rights (e.g.

in the Dashboard code) shall result in immediate blocking of access. Furthermore, legal

consequences shall be pursued against such Client in accordance with the generally

applicable law, including claims for damages.

5. These Terms and Conditions constitute an integral part of the agreement concluded via the

Platform, including the Electronic Service agreement.

6. The Client shall have the right to lodge complaints as referred to in these Terms and

Conditions and to exercise other rights arising from the provisions of Polish law. The Client

shall have the right to use out-of-court redress mechanisms.

7. The Service Provider reserves the right to amend these Terms and Conditions for important

reasons (e.g. changes in legislation, introduction of new functionalities, changes to the

business model)

8. Users shall be notified of amendments to these Terms and Conditions by electronic means

(to the e-mail address) at least 14 days before the amendments take effect.

9. Additionally, upon the first login after the amendments take effect, the User may be

requested to accept the new content of the Terms and Conditions by clicking the appropriate

button (in-system acceptance).

10. In the event of non-acceptance of the amendments, the User shall have the right to terminate

the agreement with immediate effect. Continued use of the Platform after the amendments

take effect shall be deemed to constitute acceptance thereof.

11. An amendment to the Price List does not constitute an amendment to these Terms and

Conditions and does not require compliance with the procedure set out in paragraphs (7) to

(10) above. § 5(12)–(17) hereof shall apply exclusively to the determination and amendment

of the amount of the fees for the Electronic Services.

12. The Service Provider may make a change to the Electronic Service, including its

functionalities, which is not necessary to maintain its conformity with the agreement, solely

for the following justified reasons: (a) the need to adapt the Electronic Service to a change in

generally applicable laws or to decisions or guidelines of public authorities; (b) the need to

ensure the security of the Electronic Service, the Account or the Service Provider’s

infrastructure, or to counteract abuse; (c) technological development, including the update,

withdrawal or replacement of the hardware components, software or Artificial Intelligence

Models used; (d) the discontinuation of the provision of a given Artificial Intelligence Model

or a change in its licensing terms by its supplier; (e) a change in the scope or terms of the

services provided by third-party suppliers used by the Service Provider; (f) the improvement

of the quality, performance, usability or security of the Electronic Service, including the

addition of new functionalities. The introduction of such a change shall not involve any costs

whatsoever on the part of the Consumer. The Service Provider shall inform the Client of the

change made in a clear and comprehensible manner. If the change materially and adversely

affects the Consumer’s access to, or use of, the Electronic Service, the Service Provider shall

inform the Consumer, with appropriate advance notice on a durable medium, of the

characteristics and the date of that change and of the right to terminate the agreement; the

Consumer may in such case terminate the agreement without observing any notice period

within 30 days of the date on which the change was made or of the date on which the

Consumer was informed of it, if the Consumer was informed later than the change was made.

The provisions of this paragraph are without prejudice to the provisions of § 18 hereof

concerning the updating, addition and withdrawal of Artificial Intelligence Models.

13. In matters not regulated by these Terms and Conditions, the generally applicable provisions

of Polish law shall apply, in particular the provisions of the Civil Code and the Act on the

Provision of Electronic Services.

14. The Parties undertake to resolve any disputes arising from the application of these Terms

and Conditions in the first instance by amicable means. In the absence of a settlement, the

court competent to resolve disputes with Entrepreneurs shall be the Polish common court

having territorial jurisdiction over the registered office of the Service Provider. In the case of

disputes with Consumers, the jurisdiction of the court shall be determined in accordance with

the generally applicable provisions of law.

Appendix No. 1. Model Withdrawal Form

(this form should be completed and sent to the e-mail address only in the event of a wish to withdraw

from the agreement within the statutory 14-day period from its conclusion)

Addressee: SimplePod.ai Sp. z o.o. Sp.k. ul. Dolina Krzemowa 6a, 83-010 Jagatowo, TIN: 6040221578,

REGON: 387827389, KRS 0000876797 help@simplepod.ai

Subject: Withdrawal from the agreement

Content of the notice: I hereby inform of my withdrawal from*:

a) the agreement for the provision of the User Account maintenance service;

b) the purchase of virtual points (Computing Points);

c) both of the above services

• Date of conclusion of the agreement (registration/payment): [enter date]

• Name and surname of the Consumer(s): [enter details]

• E-mail address associated with the Account: [enter e-mail address]

• Address of the Consumer(s): [enter address]

• Date of the notice: [enter date]

*Please select the appropriate option