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Terms of Service of GatherWishes.com

Effective date: 5 July 2026

This is a courtesy translation. The Polish version is the binding one.

§ 1. General provisions

  1. These Terms of Service (the "Terms") set out the rules for using the GatherWishes website available at gatherwishes.com (the "Service"), including the types and scope of services provided by electronic means, the conditions for concluding and terminating contracts, and the complaint procedure.
  2. The Terms constitute terms of service within the meaning of Article 8 of the ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną (Act of 18 July 2002 on the Provision of Services by Electronic Means).
  3. Using the Service constitutes acceptance of the Terms. The Terms are made available free of charge, in a manner enabling their downloading, recording, and printing.

§ 2. Service Provider

The provider and operator of the Service is:

JPDEV Spółka z ograniczoną odpowiedzialnością
ul. Główna 85C/1, 55-080 Smolec
entered in the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) kept by the District Court for Wrocław-Fabryczna in Wrocław, 9th Commercial Division of the National Court Register
KRS: 0001161911 · NIP: 8961649757 · REGON: 541182628
share capital: PLN 200,000
company website: https://jpdev.pl

Contact: legal@gatherwishes.com (contractual matters and complaints), privacy@gatherwishes.com (personal data).

§ 3. Definitions

  1. Service — the GatherWishes.com platform.
  2. Service Provider — JPDEV Sp. z o.o.
  3. User — any person using the Service.
  4. Organizer — a User who creates a Card and invites other persons to sign it.
  5. Signer — a person adding an entry (wishes, photo, GIF) to a Card; no account is required.
  6. Recipient — the person for whom the Card is intended and to whom it is delivered.
  7. Card — a digital group greeting card created in the Service.
  8. Voucher — a gift voucher (gift card) of a selected external offeror (e.g. a retail chain), the code of which is delivered to the Recipient together with the Card.
  9. Consumer — a natural person performing an act not directly related to their business or professional activity; the provisions concerning the Consumer also apply to an entrepreneur with consumer rights (Article 7aa of the ustawa o prawach konsumenta (Consumer Rights Act)).
  10. User Content — content posted in the Service by Users (entries, wishes, photos, graphics, names).

§ 4. Types of services

  1. Free services:

a) browsing the Service;
b) creating an Organizer account;
c) creating a Card, sharing a signing link, adding entries by Signers (without an account), delivering the Card to the Recipient on the chosen date;
d) e-mail notifications related to the Card (delivery, thank-you messages, information about opening).

  1. Paid services:

a) premium card (pay-per-card) — extended Card features, in accordance with the price list in the Service (indicatively PLN 14.99–24.99);
b) gift Voucher — purchase of a Voucher attached to the Card (§ 5);
c) premium print — a personalized printout of the Card on handmade seed paper, with courier/parcel-locker delivery (indicatively PLN 39–59), and related products (keepsake album, keepsake PDF) in accordance with the price list;
d) B2B subscription — a recurring (monthly) subscription for companies in the Small / Medium / Large plans (indicatively PLN 99 / 249 / 599 per month), auto-renewing until cancelled, in accordance with a separate price list and terms for business customers (§ 7(4)).

  1. Current prices, including the total price with taxes and any additional charges, are presented each time before an order is placed. In the case of price reductions, the Service Provider indicates the lowest price from the 30 days preceding the reduction.

§ 5. Gift vouchers — independent retail purchases (no fundraising)

  1. The Service does not conduct money collections, does not accumulate pooled funds, and does not intermediate in the transfer of money between Users.
  2. Each Voucher is acquired by the buyer (the Organizer or a Signer) independently, in their own name and for their own account, as an independent retail purchase from the Service Provider. If several persons add Vouchers to one Card, each of them concludes a separate contract with the Service Provider; the amounts are not combined or held as a common pool.
  3. The buyer selects the offeror and the denomination of the Voucher from the list available in the Service. The Voucher is a product of a third party (the issuer/offeror); the rules for redeeming the Voucher (validity period, acceptance network, restrictions) are set out in the issuer's terms and conditions made available at the time of purchase.
  4. The Voucher code is stored in encrypted form and made available exclusively to the Recipient at the moment the Card is delivered (unless delivery is cancelled before it takes place — in which case the Refund Policy applies). The buyer has access only to the purchase metadata (offeror, denomination, status), never to the code.
  5. The Service Provider is not the issuer of the Vouchers and is not liable for goods or services purchased using the Voucher from the offeror; it is responsible for the proper issuance of a valid Voucher code of the selected denomination.

§ 6. Conclusion of the contract

  1. A contract for the provision of free services is concluded at the moment the given feature starts being used (e.g. creation of an account or a Card, addition of an entry), and terminated at the moment of ceasing use or deleting the account.
  2. A contract for a paid service is concluded at the moment the order is effectively paid for. Before payment, the User receives an order summary with the total price; the finalizing button is unambiguously labelled as entailing an obligation to pay.
  3. Confirmation of the conclusion of the contract and the information required by law (including confirmation of the consent referred to in § 9(2)) is sent by the Service Provider on a durable medium (e-mail).
  4. Using the Service requires: a device with an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address (for the Organizer and the Recipient). The Service Provider applies security measures (TLS encryption, httpOnly sessions); however, using the internet involves typical risks (malware, phishing), against which the User should protect themselves on their own.

§ 7. Payments and invoices

  1. Payments are handled by the external operator Stripe (Stripe Payments Europe, Ltd.). The available payment methods (including payment card and BLIK) are presented at the time of ordering. The Service Provider does not store full payment card data.
  2. A payment is deemed made at the moment it is confirmed by the payment operator.
  3. The Service Provider issues invoices in electronic form (including in the Krajowy System e-Faktur — KSeF (National e-Invoicing System)), to which the User consents by accepting the Terms. The User provides invoice details when placing the order; company details may be automatically filled in based on the NIP (tax identification number) from the GUS (Statistics Poland) register.
  4. B2B subscription — recurring billing. The business subscription is billed on a recurring monthly basis via Stripe and renews automatically for the next period until cancelled. The business customer may cancel at any time with effect at the end of the current paid billing period; billing and refund details are set out in the Refund Policy (section 5). The subscription is a service provided to an entrepreneur for the purposes of their business (a B2B service).

> ⚖️ FOR LEGAL REVIEW: the VAT classification and invoicing of gift vouchers (single-/multi-purpose vouchers — SPV/MPV, Articles 8a–8b of the VAT Act) remain an open tax matter (#156). To be confirmed by a tax adviser before the launch of voucher sales; currently the invoice covers the service fee, not the voucher face value. This note is an editorial annotation to be removed after review.

§ 8. Delivery of services and digital content

  1. The premium card (paid features) is made available immediately after payment.
  2. The Voucher is acquired after the order is paid for, and its code is delivered to the Recipient together with the Card on the delivery date indicated by the Organizer (or immediately, if so chosen).
  3. Delivery of the Card takes place to the Recipient's e-mail address provided by the Organizer. The Organizer declares that they are authorized to provide the Recipient's data (name, e-mail) and that they do so for the purpose of delivering the Card to the Recipient.
  4. The premium print is produced to individual order (a personalized printout of a specific Card) and delivered by courier or to a parcel locker (InPost) within the time indicated at the time of ordering; the Service provides a shipment tracking link.

§ 9. Right of withdrawal from the contract (Consumers)

  1. As a rule, the Consumer has the right to withdraw from a distance contract within 14 days without giving any reason (Article 27 of the ustawa o prawach konsumenta (Consumer Rights Act)). The declaration may be submitted by e-mail to legal@gatherwishes.com; the statutory model withdrawal form may be used.
  2. Digital content (premium card, Voucher delivered digitally): if the Consumer, at the time of purchase, expressly requested immediate delivery of the digital content before the expiry of the withdrawal period and acknowledged that they thereby lose the right of withdrawal, and the Service Provider confirmed this on a durable medium — the right of withdrawal does not apply from the moment of delivery (Article 38(1)(13) of the ustawa o prawach konsumenta (Consumer Rights Act)). With respect to the Voucher, delivery is deemed to be the issuance (making available) of the Voucher code — to the Recipient or to the buyer.
  3. Voucher before the code is issued: as long as the Voucher code has not been issued (e.g. the Card's delivery is scheduled for a future date), the Consumer may withdraw from the Voucher purchase on general terms — details in the Refund Policy.
  4. Premium print, album, personalized printouts: the right of withdrawal does not apply — a non-prefabricated item, manufactured to the Consumer's specifications and serving their individualized needs (Article 38(1)(3) of the ustawa o prawach konsumenta (Consumer Rights Act)). Withdrawal is possible until the moment the printing process begins — details in the Refund Policy.
  5. In the event of effective withdrawal, the Service Provider refunds the payment without delay, no later than within 14 days, using the same method used by the Consumer (unless the Consumer agrees to another one).
  6. The B2B subscription is intended for entrepreneurs in connection with their professional activity — the consumer right of withdrawal does not apply to it; the terms of termination are set out in the B2B price list/agreement.

§ 10. User Content — rules and prohibitions

  1. The User posts Content at their own responsibility and declares that they hold the rights to it (including the right to use the likeness of persons in photos) and that its publication does not infringe the rights of third parties.
  2. Posting unlawful content is prohibited, in particular: content infringing personal rights (including those of the Recipient), defamatory, discriminatory, inciting hatred, pornographic, depicting violence, infringing copyright or likeness rights, containing personal data of third parties without a legal basis, spam, and advertising content.
  3. The User grants the Service Provider a free-of-charge, non-exclusive licence to use the Content to the extent necessary to provide the services (hosting, display on the Card and upon its delivery, printing ordered by an authorized person, backup copies).
  4. Cards are not publicly indexed; access to a Card is available to persons in possession of the link.

§ 11. Content moderation

  1. The Service Provider may verify Content (manual moderation, and in the future automatically assisted) and, upon finding non-compliance with § 10 — refuse publication, remove the Content, or block its visibility; the Organizer may additionally accept or reject entries on their own Card.
  2. The Service Provider informs the author of removed or blocked Content (if it has the author's e-mail address) together with a statement of reasons indicating the provision or regulation infringed, in accordance with the Digital Services Act (DSA).
  3. Anyone may report unlawful content to legal@gatherwishes.com, indicating the location of the content (link), a justification, and their contact details. Reports are processed without undue delay, in an objective and diligent manner.
  4. A moderation decision may be appealed to legal@gatherwishes.com within 14 days; the appeal is examined by a person other than the one who made the original decision.
  5. The Service Provider's point of contact within the meaning of the DSA (for authorities and users) is: legal@gatherwishes.com (languages: Polish, English).
  6. In the event of serious or repeated violations, the Service Provider may suspend or delete the User's account, after a prior warning, unless the nature of the violation justifies immediate action.

§ 12. Liability

  1. The Service Provider provides services with due diligence and is liable for the conformity of the service and digital content with the contract on the terms of the ustawa o prawach konsumenta (Consumer Rights Act) (Chapters 5a and 5b).
  2. The Service Provider is not liable for: (a) the content of wishes and other User Content (subject to the obligations of a hosting provider — it acts without delay upon obtaining credible knowledge of unlawful content), (b) the consequences of the Organizer providing an incorrect e-mail address for the Recipient, (c) the redemption of the Voucher by its issuer/offeror (§ 5(5)), (d) interruptions resulting from force majeure or necessary maintenance work announced in advance.
  3. Towards Users who are not Consumers, the Service Provider's liability is limited to the amount of the fee paid for the service to which the damage relates, and does not cover lost profits; this does not apply to damage caused intentionally.
  4. Nothing in the Terms excludes or limits the Consumer's rights arising from mandatory provisions of law; in the event of a conflict, those provisions prevail.

§ 13. Complaints

  1. Complaints regarding services, payments, Vouchers, and printing may be submitted by e-mail to legal@gatherwishes.com or in writing to the address of the Service Provider's registered office.
  2. A complaint should include: contact details, a description of the problem, the date of occurrence, and — if applicable — the Card/order identifier.
  3. The Service Provider responds to a complaint within 14 days of receiving it, on a durable medium. Failure to respond within this period constitutes acceptance of the Consumer's complaint.
  4. The rules for complaints based on the non-conformity of goods or digital content with the contract (repair, replacement, price reduction, withdrawal) are described in detail in the Refund Policy.

§ 14. Personal data

The controller of the personal data of Users, Signers, and Recipients is the Service Provider. The rules for processing data, the rights of data subjects (including data access and account deletion available self-service from the settings), and information about data recipients are set out in the Privacy Policy, and information about browser technologies — in the Cookie Policy, available in the Service. Contact: privacy@gatherwishes.com.

Under a B2B subscription, the business customer may enter into the Service the data of its employees (e.g. an occasion calendar: names, optional work e-mail addresses, birthday and work-anniversary dates, recognition history). With respect to such data, the business customer is the controller and the Service Provider processes it as a processor under a data-processing agreement (Article 28 GDPR). The business customer is responsible for having a legal basis and for fulfilling the information obligations towards its employees. Details are set out in the Privacy Policy.

> ⚖️ FOR LEGAL REVIEW: the formal data-processing agreement (DPA) for B2B employee data and the exact controller/processor allocation are a separate, open item (#203) and require sign-off by a lawyer before the business segment goes live. Editorial annotation to be removed after review.

§ 15. Out-of-court dispute resolution

  1. The Consumer may use out-of-court methods of handling complaints and pursuing claims, including: (a) mediation at the voivodeship inspectorates of the Trade Inspection (Inspekcja Handlowa), (b) permanent arbitration courts at the Trade Inspection, (c) free assistance from the district (municipal) consumer ombudsman or consumer organizations. Details: https://uokik.gov.pl ("Konsumenci" section).
  2. The EU online dispute resolution (ODR) platform was discontinued as of 20 July 2025; up-to-date information on out-of-court resolution of cross-border disputes is provided by the European Consumer Centre in Poland (https://konsument.gov.pl).
  3. The use of out-of-court procedures is voluntary for both parties.

§ 16. Amendments to the Terms

  1. The Service Provider may amend the Terms for important reasons: changes in the law, changes in the scope or manner of providing services, security considerations, prevention of abuse, technical or organizational changes.
  2. The Service Provider informs about an amendment in the Service and by e-mail to registered Users at least 14 days before the amendment enters into force. A User who does not accept the changes may terminate the contract (delete the account) before that date.
  3. Orders paid for before the amendments enter into force are governed by the Terms in the wording in force on the date the order was placed.

§ 17. Final provisions

  1. The governing law is Polish law, taking into account the mandatory provisions of the law of the Consumer's country of habitual residence and European Union law.
  2. Disputes with Consumers are resolved by the court having jurisdiction under the general rules; disputes with entrepreneurs — by the court having jurisdiction over the Service Provider's registered office.
  3. If any individual provision of the Terms proves invalid, the remaining provisions remain in force.
  4. The Privacy Policy, the Cookie Policy, and the Refund Policy form an integral part of the Terms.