1.1 These Terms set out the conditions for the provision of services through the beautyforms.eu service where a contract is concluded between the Provider and the User, and form an integral part of the contract for the provision of the beautyforms.eu service, governing its provisions in detail.
1.2 The Terms are made available to Users free of charge via the website in a form that allows them to be downloaded, saved and printed.
1.3 The User is obliged to read the Terms before starting to use the Service. Starting to use the Service constitutes full acceptance of the Terms.
1.4 The User is obliged to comply with the provisions of the Terms from the moment of Registration.
2Definitions
Whenever the Terms refer to:
Terms – these Terms, forming an annex to the contract for the provision of services through the Service.
Service – the beautyforms.eu online service, enabling the use of the services referred to in section 4.
Provider – the company Rybczak i Wspólnicy spółka z ograniczoną odpowiedzialnością, KRS: 0000520491, ul. Przyjemna 4, 44-264 Jankowice, Poland, NIP (VAT ID): PL6423187210, REGON: 243640719.
User – a natural person, legal person or organisational unit without legal personality, established in accordance with applicable law, that uses the Service.
Contract – the contract for the provision through the Service of the services listed in section 4, concluded between the Provider and the User once the User makes the first payment for the use of the Service.
Operator – the payment service provider Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland; for payments in GBP: Stripe Payments UK, Ltd.) handling online payments.
Price list – the information published on the Service's pricing page in which the Provider sets out the terms and amount of the fees for the Service; a change to the Price list does not constitute a change to the Terms.
Date of delivery – the day a statement is sent by e-mail, or the 7th (seventh) day from the day a written statement is sent; if that day is a public holiday, the first following working day is deemed the date of delivery.
Access – the Provider opening access to the application for a further billing month.
Client Panel – the part of the Service available after logging in, used to manage the account and billing with the Service.
3Copyright
The exclusive copyright to the beautyforms.eu service belongs to Rybczak i Wspólnicy spółka z ograniczoną odpowiedzialnością, with its registered office at ul. Przyjemna 4, 44-264 Jankowice, Poland. The copyright associated with the beautyforms.eu service is protected under applicable copyright law, including Directive 2001/29/EC and the national laws implementing it.
4Scope of services
Under the Contract, the Provider undertakes, through the Service, to provide the User with the following services:
4.1 Services related to storing and processing the User's documents and data connected with the User's business activity, in particular:
a database of the User's clients,
a database of services provided by the User to its clients,
a database of materials, goods and items necessary to perform a service,
records and settlements of employees.
4.2 Informing clients about the status of the service performed by the User.
4.3 The scope of the services provided by the Service depends on the conclusion of the Contract and the purchase of optional Service components that extend its functionality.
4.4 Free trial period
4.4.1 The trial period is the period during which the User receives access to the Service's functionality together with its optional components (as available in the menu) free of charge, without the need to conclude the Contract.
4.4.2 The trial period lasts 14 days from the date of registration.
4.4.3 After the trial period the User may:
conclude the Contract and thereby gain access to the full functional scope of the Service,
continue to use the Service on a pre-paid basis,
discontinue use of the service.
4.5 The Provider reserves the right to change the functionality of the Service by adding new features and improvements for the User, as well as to change existing functionality at any time.
5Access to the service and registration
5.1 The Provider provides services through the Service over the Internet.
5.2 The User may use all services of the Service via any computer connected to the Internet that meets the following technical requirements:
a current version of a modern web browser (e.g. Google Chrome, Microsoft Edge, Mozilla Firefox or Safari) is installed,
no content- or JavaScript-blocking software (such as AdBlock or NoScript) is active,
the software (browser) is kept at the highest possible version.
5.2.1 Using browsers other than those described in section 5.2, or using content-blocking software, is possible but does not guarantee the correct operation of all Service functions.
5.2.2 Using all functionality of the Service may require the installation or activation of additional software such as JavaScript, and the acceptance of cookies.
5.3 When starting work in the Service, the User must register in accordance with the Service's instructions.
5.4 For the Service to function correctly, the User must enter data that is true and accurate.
5.4.1 To ensure correct billing between the User and the Provider, the User is obliged to provide the following true data during registration: first name, surname, company name, place of residence, registered company address (street, number, postal code, city), VAT identification number, e-mail address.
5.4.2 If any of the data referred to in section 5.4.1 changes, the User is obliged to update it in their administrative profile without delay.
5.5 During registration the User creates a login and password known only to them.
5.5.1 The login must contain at least 3 characters.
5.5.2 The password must contain at least 6 characters.
5.5.3 If the password is forgotten, the User may use the Service's "Reset password" function. The User is obliged to follow the instructions provided in the Service.
5.6 The User is provided with a ticket system in which they may, around the clock, report questions, faults and requests for new functionality.
For the Starter and Professional plans, the response time is handled according to the ticket queue.
For the Enterprise plan, the response time is a maximum of 6 hours from the time of the report.
In the event of a system failure, the User may report it around the clock at: support@beautyforms.eu.
6Service term and conclusion of the contract
6.1 The registration date is the day on which, following the instructions on beautyforms.eu, the User chooses their login and secret password and gains the ability to use the Service.
6.2 From the day of registration, the User receives free access to the Service to the extent described in section 4 for the duration of the trial period (section 4.4.2).
6.3 Making the first payment on the terms referred to in section 7 is equivalent to the User confirming their wish to use the services through the Service.
6.4 Payment for access to subsequent billing months is the basis for continuing the provision of the paid Service for an indefinite period.
6.5 The User may continue to use the Service on a pre-paid basis or under a Contract.
6.6 Where the Service is used on a pre-paid basis, the system automatically issues a pro-forma invoice at the end of the billing month; paying it extends the validity of the account.
6.7 The User may at any time change the way they use the Service to a 6- or 12-month variant by paying for the selected period.
6.7.1 For the 6-month variant, the User receives 1 free month and an additional package of 250 SMS messages.
6.7.2 For the 12-month variant, the User receives 2 free months and an additional package of 500 SMS messages.
6.7.3 The SMS package is activated once the invoice issued by the Provider for the selected period (6 or 12 months) is paid.
6.7.4 For the 6- or 12-month variants, the Provider sends the User a contract within 7 days setting out the Provider's obligations towards the User for the selected period.
6.8 The Contract may be terminated in the following cases:
6.8.1 at any time by mutual agreement of the parties,
6.8.2 on expiry of the usage period,
6.8.3 on the death of the User,
6.8.4 on the User ceasing to exist as a legal entity,
6.8.5 where the User fails to pay the amounts due within the period set in accordance with section 7.4,
6.8.6 where the User forgets the password and does not use the "Reset password" function, resulting in loss of access to the data.
6.9 The User may terminate the Contract on notice without giving reasons.
6.10 The Provider reserves the right to terminate the Contract if the User:
6.10.1 intentionally breaches the provisions of the Contract or the Terms,
6.10.2 takes action aimed at breaching the security of data held in the Service or makes an unauthorised attempt to access the Service,
6.10.3 performs unlawful acts,
6.10.4 acts to the detriment of the Provider,
6.10.5 has provided false data,
6.10.6 in other particularly justified cases.
6.11 In the case referred to in section 6.8.3, the legal successors should notify the Provider; in the case referred to in section 6.8.4, notification should be given by the person who registered in the Service.
7Fees
Online payments are handled by Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland; for GBP payments: Stripe Payments UK, Ltd.) as the payment service provider. The Provider does not store payment-card data or the User's banking credentials — these are processed solely by the payment service provider.
7.1 Use of the full scope of services and access to the Service's archive data is subject to a fee, on the terms set out in the Price list.
7.2 The User pays the fee for the service after receiving a payment reminder in the transactional part of the Service.
7.3 The fee is payable in accordance with the Price list by electronic payment handled by the payment service provider Stripe, or by bank transfer to the indicated account.
7.3.1 To carry out and identify a payment, the data necessary for its execution (including the amount, pro-forma number and payer-identifying data) is transferred to the payment service provider. The rules for the processing of data by the payment service provider are set out in its own terms and privacy policy.
7.3.2 Once a payment is booked, the User's account is extended by the period resulting from the selected plan. Confirmation of payment is made available in the Client Panel.
7.4 The fee for opening a month is payable in advance on the basis of a pro-forma invoice.
7.5 Within 7 days of the payment being credited to the account, the Provider issues the User a VAT invoice and places it in the Client Panel for the User to download.
7.5.1 VAT (business customers in the EU). The Provider is a VAT payer established in Poland. For business customers established in another EU member state who provide a valid EU VAT identification number, VAT is settled under the reverse-charge mechanism (Article 196 of Directive 2006/112/EC) and the invoice is issued without VAT with the appropriate annotation. For customers outside the EU, the supply may be outside the scope of EU VAT. The applicable treatment is shown on the invoice.
7.6 Where no usage fee is charged (the User does not continue to use the Service), no VAT invoice is issued.
7.7 If pro-forma invoices are not paid but the system continues to be used after the payment deadline stated on the pro-forma invoice, the User acknowledges that fees for use are charged according to the selected plan until the account is blocked by the Provider or the User reports the closure of the account. The date of the last login to the system is taken as the end date of use. After that date, the Provider is entitled to issue a VAT invoice and to demand payment for use of the system in accordance with applicable law.
8User data and its protection
8.1 Data entered into the Service by the User is the property of the User.
8.2 All User data is collected and processed by the Service in order for the Service to function correctly, i.e. to properly handle orders and service requests, print documents generated by the Service, and for billing between the Provider and the User for the services provided.
8.3 The Provider takes all necessary measures to protect the User's personal data, the data of the User's company and all other data entered into the Service.
8.4 The protection referred to in section 8.3 consists in particular of:
8.4.1 A data-transmission security system — the User's data is encrypted using at least a 128-bit SSL/TLS key and in practice cannot be intercepted and decrypted by unauthorised persons.
8.4.2 A data-access control system — only the User has access to their data, by means of the password they created, referred to in section 5.5.
8.4.3 A data-protection system against equipment failure — all data entered by the User is stored so as to eliminate the possibility of its loss in the event of hardware failure.
8.4.4 A data-centre security system — the building and equipment where the User's data is stored are continuously monitored against theft, fire or other events that could threaten the security of the data.
8.5 The Provider is not responsible for the content of data entered by the User.
8.6 The User has the right to access their personal data and their company's data and to modify it at any time.
8.7 The Provider undertakes not to transfer the User's data to third parties, save as described in these Terms (in particular the payment service provider and the AI sub-processor referred to in sections 11–12).
8.8 On termination of the Contract, all User data will be retained for 5 calendar years, starting from the first day of the year following the date of termination of the contract, in line with statutory (including tax) retention obligations.
8.9 Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). The legal basis for processing is, in particular, the performance of the Contract (Article 6(1)(b) GDPR), compliance with the Provider's legal obligations (Article 6(1)(c) GDPR) and the Provider's legitimate interests (Article 6(1)(f) GDPR). The User has the rights provided under the GDPR, including the right of access, rectification, erasure, restriction, data portability and objection.
8.10 The rules for processing data in connection with the use of the AI Assistant functions, including entrustment of processing to the AI model provider as a sub-processor, are set out in section 11 and the data processing agreement (section 12).
9Provider liability and complaints
9.1 The Provider makes every effort to ensure the correct technical functioning of the Service.
9.2 The Provider makes every effort to ensure the correct functioning of the Service in formal and legal terms.
9.3 The Provider also takes all the measures referred to in section 8.4 to protect the User's data.
9.4 To the extent permitted by applicable law, the Provider is not liable for any damage or loss arising directly or indirectly from the use of, inability to use, or faulty operation of the Service.
9.5 The Provider bears no liability in connection with the User's improper use of the Service or the improper functioning of the computer hardware, software or communication system by means of which the User connects to the Service.
9.6 The Provider is not liable for damage resulting from the intentional or unintentional disclosure by the User of the Service password to third parties, or the choice of a password that is too weak or dictionary-based and does not guarantee a sufficient level of protection.
9.7 Complaints relating to the use of the Service may be submitted by e-mail to: support@beautyforms.eu.
10Amendments to the Terms
10.1 The Provider reserves the right to amend the Terms.
10.2 An amendment to the Terms may take place in particular in the event of:
10.2.1 technological or organisational changes in the operation of the Service,
10.2.2 the need to adapt the operation of the Service and the provisions of the Terms to new legal requirements.
10.3 The Provider notifies the User of an intended amendment to the Terms by making a link to the new Terms available on the Service's web pages.
10.4 An amendment to the Terms takes effect 21 (twenty-one) days after the publication of the information referred to in section 10.3. If, before the expiry of the period referred to in section 10.4, the Provider receives a statement from the User that they do not accept the terms of the new Terms, the Contract is terminated with immediate effect.
11AI beauty assistant
11.1 The Service provides an "AI beauty assistant" function (the AI Assistant) — a tool that automatically generates, using artificial-intelligence models supplied by an external provider, supporting materials, in particular: proposed treatment plans, recommendations and message content for clients, a preliminary analysis of skin photos and descriptions of "before/after" photos.
11.2 The results produced by the AI Assistant are proposals and supporting material. They do not constitute medical advice, a diagnosis, a therapeutic recommendation or any binding recommendation, and do not replace the knowledge, qualifications and independent judgement of the User or of persons employed by the User.
11.3 Content generated by the AI Assistant may be inaccurate, incomplete or incorrect. The Provider does not guarantee its correctness, timeliness or fitness for a particular purpose.
11.4 The User is obliged to verify and accept each time the content generated by the AI Assistant before using it with a client. The User bears full and sole responsibility for the decisions and actions taken on the basis of the AI Assistant's suggestions.
11.5 Use of the photo-analysis functions (skin assessment, "before/after" descriptions) requires the User to first obtain the client's consent to the processing of their image for this purpose. Collecting this consent and demonstrating that it was given rests with the User as the controller of the clients' data.
11.6 The data and photos needed to generate a response are transferred to the AI model provider solely in order to execute the given query. In accordance with the terms of cooperation with the provider, this data is not permanently stored by it after the query is executed, nor used to train models. The AI provider acts as a sub-processor within the meaning of the data processing agreement (section 12).
11.7 The User is obliged not to enter into queries addressed to the AI Assistant any data that is unnecessary to achieve the purpose, in particular third-party data without a legal basis, or special-category data beyond what is necessary. The User is responsible for the lawfulness of the data they submit for processing.
11.8 The AI Assistant is a paid add-on to the subscription. For the fee, the User receives the number of generations specified in the Price list within a monthly billing period; use beyond that limit (overage) is billed at the rate per additional generation indicated in the Price list. The fee details are governed by section 7 and the Price list. A "generation" means each successfully completed query to the AI Assistant (e.g. one proposed plan, a set of recommendations, one message, one skin assessment or one "before/after" description).
11.9 The AI Assistant function depends on the availability of the external provider's services. The Provider may temporarily limit, suspend or modify its operation, in particular for technical, security or provider-terms-change reasons. Section 9 applies accordingly to the Provider's liability in connection with the AI Assistant function.
11.10 It is prohibited to use the AI Assistant in a manner contrary to the law, good practice or the purpose of the Service, including to generate unlawful content, content misleading as to a state of health, or content infringing the rights of third parties.
12Data processing agreement (DPA)
12.1 By accepting the Terms, you also accept the data processing agreement (DPA), available here: Data Processing Agreement (DPA).
12.2 With regard to the AI Assistant function (section 11), the Provider uses a sub-processor — the provider of the artificial-intelligence models — to which it entrusts the processing of data solely for the purpose and for the duration of executing the User's query. The current list of sub-processors and the processing rules are set out in the data processing agreement (DPA) referred to in section 12.1.
