§ 1. General provisions
These Terms of Service (“Terms”) have been drawn up on the basis of the Polish Act on the provision of electronic services and are made available free of charge in a way that allows you to download, store, and reproduce them.
The Terms set out the conditions for the provision of electronic services by the Provider to Users within the capsy Application.
By using the Application, you accept these Terms (https://capsy.io/terms) and the Privacy Policy, which forms an integral part hereof.
§ 2. Definitions
- Terms – this document.
- Application – the capsy platform enabling the sale/purchase of digital products and services (including consultations, e-books, digital products, masterminds, webinars, vouchers, courses) as well as online audio-video meetings (WebRTC).
- Provider – the owner and operator of the capsy Application (“we”, “us”).
- Service – making the features of the Application available to the User within the selected scope.
- User – a natural person with full legal capacity who uses the Application.
- Expert – a User with an Account in the Application who offers Products.
- Client – a User without an Account who purchases Products / participates in services provided by an Expert.
- Account – an area within the Application available after logging in (e.g. via Google).
- Registration/Logging in – creating/gaining access to an Account, in particular via a Google account.
- Offer – information provided by the Expert about Products and terms of purchase, published in sales channels (web, social media, e-mail, video, etc.).
- Products – Consultations, E-books, Digital Products, Masterminds, Webinars, Vouchers, Courses.
- Consultation – a service provided by an Expert with a defined scope and nature.
- E-book – a digital product; an Expert may group multiple files into a single e-book.
- Digital Product – including courses, checklists, templates, prompt bundles, and similar materials.
- Mastermind – online group sessions such as workshops, trainings, or group meetings.
- Webinar – a live online event (video/audio/text).
- Voucher – a code (e.g. QR) entitling the holder to a stationary service during the validity period.
- Course – video content organised into lessons/modules.
- Store – an Expert’s online profile presenting their offers.
- Sales Agreement – an agreement between a Client and an Expert concluded via the Application.
- Payment Operator – Stripe (stripe.com).
- Client Portal – the area where the Client can access purchased materials/services.
§ 3. Technical requirements
- access to the Internet and a device with an up-to-date web browser with JavaScript enabled,
- audio/video equipment for calls, a browser supporting WebRTC (last 2 major versions),
- a stable connection (approx. 200 kbit/s minimum for A/V calls).
The Provider is not responsible for any difficulties arising from the User’s hardware/software configuration or connection quality. Failure to meet these requirements may deteriorate quality or make audio-video calls impossible.
A Google account is required to have an Account. An up-to-date browser with video support is required to play a Course in the Client Portal.
§ 4. Using the Application
Starting to use the Application means entering into an electronic services agreement with the Provider. The User also accepts the terms of the Payment Operator (Stripe) and authorises the Provider to transfer transaction-related information necessary to process payments.
The Application’s features include, in particular:
- having an Account and creating a Store,
- managing a consultation schedule and sharing it, handling bookings, linking with external calendars (e.g. Google),
- audio-video calls, recording consultations/masterminds (for personal use, after informing and obtaining consent from the other party),
- selling/purchasing Consultations and Products, online payments (Stripe),
- a Client Portal for purchased content.
Schedules are anonymised for other Clients. A/V calls are initiated by the Client by selecting the relevant option (“Connect” etc.). Selecting this option means accepting the Terms and consenting to data processing for the purpose of the call.
The Provider does not guarantee that A/V calls will be available at all times and is not responsible for their quality. Any party may end the call at any time.
The Expert is obliged to comply with applicable laws and good practice. Unlawful content is prohibited.
Using the Client Portal requires logging in via a magic link sent to the Client’s e-mail address.
§ 5. Logging in
To sell Products as an Expert, you log in via your Google account. A confirmation of Account creation is sent to that e-mail address.
- Full functionality of the Application requires logging in via Google.
- At first login, the User declares they have read the Terms and indicates whether they consent to marketing communications.
- The User is responsible for the security of their login data; the Provider is not liable for the actions of third parties using this data.
- Breach of the Terms may result in the Account being blocked or deleted.
- The Account is maintained for an indefinite period; the User may delete it at any time.
The Client logs into the Client Portal via a magic link sent to their e-mail address.
§ 6. User verification
The Provider may request additional information to verify identity. The Provider is not liable for actions/omissions of Users or for the quality of services provided by Experts. Our role is limited to making the Application available.
§ 7. Expert’s Offer
- The Offer must clearly specify the scope, nature and purchase conditions of the Products; the gross price must not include additional costs (e.g. delivery of a Digital Product).
- The price indicated in the Offer reflects the actual purchase price and may not be changed during the transaction.
- The Expert declares that they hold rights (including intellectual property rights) to the content they offer.
- The Offer may not concern prohibited content, content contrary to law/good practice or content requiring permits/authorisations the Expert does not possess (e.g. hate content, violence, pornography, etc.).
- The Expert agrees that elements of the Offer may be used by the Provider in activities related to the Application.
§ 8. Sales agreement
- A Sales Agreement is concluded at the moment the Client’s payment for a Product is successfully processed.
- It covers a one-off purchase indicated in the relevant Offer.
- A correct e-mail address is required for payment (an incorrect address must be corrected by the Expert).
- Performance takes place immediately after payment, unless the Offer states otherwise.
- The Provider is not a party to Sales Agreements – responsibility rests with the Users.
§ 9. Fees
- Using the Application is free of charge (this does not apply to Product prices).
- The Client’s payment is transferred to the Expert via Stripe, less the Provider’s fee and the Payment Operator’s fee.
- Provider’s fee: 6% net of the transaction value (non-refundable).
- Payment Operator’s fee (Stripe): according to the price list at stripe.com/en-pl/pricing (this is not the Provider’s revenue).
- The Expert is responsible for the correctness of their bank account details and for adapting their own sales channel to Stripe’s requirements (e.g. footer with details and links to their own terms and privacy policy, returns policy, price list).
- The Provider does not mediate in the Expert’s contacts with Stripe.
§ 10. Booking a date
The Client may book paid Consultations with an Expert via the Application. The rules of payment are set out in § 9.
§ 11. Users’ liability
- Users are responsible for ensuring that their actions comply with the law and these Terms.
- It is forbidden to publish unlawful content or content unrelated to the purpose of the Application.
- The Expert is liable towards their Clients for the services provided and for verifying the Clients’ eligibility (e.g. age).
- The Provider may suspend the Service if a breach is suspected.
§ 12. Provider’s liability
- The Provider is not liable for Users’ actions and is not a party to agreements between Users.
- The Provider does not supervise the quality of services provided by Experts.
- The Provider is not liable for non-performance/improper performance of the Service caused by force majeure or third parties (e.g. payment/telecom operators, energy suppliers, cyber attacks, etc.).
- The Provider is not liable for content entered by Users or for unlawful recordings of image/voice.
§ 13. Provider’s rights
- Temporarily suspending access (maintenance, security), informing Users where reasonably possible.
- Developing and modifying the Application/features, informing Users in advance where reasonably possible.
- Blocking/removing Accounts where required by law or these Terms.
- Temporarily blocking access if a crime or data security risk is suspected.
- Permanently limiting access (including deleting an Account) in case of serious breaches; the User may lodge an objection within 7 days, which will be examined within 7 days.
§ 14. Termination
The User may stop using the Application at any time (Experts – by deleting their Account). The Provider may terminate the agreement and delete the Account if the Application is used contrary to law or these Terms, and may refuse to provide Services to a User who has previously had their agreement terminated/Account deleted for such reasons.
§ 15. Complaints regarding the Service
Complaints regarding the Service (operation of the Application) should be sent to the Provider’s contact address indicated on the website (e-mail or postal address). The complaint should include: name, contact details, Account e-mail, description and circumstances, date, and – where possible – evidence.
We respond in the same form in which the complaint was submitted, within 14 days of receiving a complete complaint (this period may be extended by the time needed to obtain explanations from the User).
The Provider does not handle returns or complaints related to booking dates and Product sales – these are handled by the Expert.
§ 16. Complaints regarding the Sales Agreement
- The Expert is liable for the Products being free from defects and for proper performance of Consultations.
- Complaints related to sales are submitted directly to the Expert (to their contact address).
- The Expert responds to the Client and informs the Provider of the outcome within 14 days.
- The Provider’s and Stripe’s fees are not refunded to the Expert if the complaint is upheld.
§ 17. Closing the Application
If the Application is to be closed, we will inform Users within the Application, indicating a schedule. After the Service is terminated, new Accounts cannot be registered and agreements with Users will be terminated.
§ 18. Data protection
The Provider is the controller of personal data. Data is processed in accordance with the GDPR and other applicable regulations. Details are described in our Privacy Policy. By providing data, the User consents to its processing for the purpose of providing the Service, unless the legal basis is a contract or legal obligation.
§ 19. Final provisions
- The Provider is not liable for difficulties caused by circumstances beyond its control (including force majeure).
- These Terms and the operation of the Application are governed by Polish law. Matters not regulated herein are subject to universally applicable Polish law.
- The Terms may be amended for important reasons (including changes in law, official guidance, development of features, technical changes, removal of ambiguities, data changes, preventing abuse, improving user experience). Users will be informed about changes via the Application or by e-mail.
- The User may state that they do not accept the changes within 7 days of being informed – such statement is treated as termination of the Service agreement.
- If any provision is held invalid, this does not affect the validity of the remaining provisions; the invalid provision will be replaced by a rule closest in purpose to the invalid provision.
- The parties will seek to resolve disputes amicably; if this is not possible, disputes will be resolved by a competent common court in Poland.
- Changes become effective on the date indicated in the new version of the Terms (not earlier than on the date of publication).