Terms of Service
These terms set out the rules for using Flyp, a SaaS application for running a photography studio (bookings, galleries, contracts, payments, CRM).
§1. General provisions
Flyp is operated by Usługi Programistyczne Marcin Rzepecki, ul. Bakalarska 15B/6, 02-212 Warszawa, Tax ID (NIP) 5223218129, an entrepreneur registered in the Polish Central Register and Information on Economic Activity (CEIDG), e-mail: kontakt@flyp.pl (the “Provider”). By creating an account and using the platform you accept these terms, the privacy policy and the data processing agreement. The terms apply to users who are photographers or photography studios (the “User”).
§2. Account and registration
An account is required to use the platform. The User provides accurate data and is responsible for keeping the login credentials confidential and for actions taken on the account. One account belongs to one person; it can be secured with two-factor authentication.
§3. Plans and payments
Flyp is offered in the Free, Starter, Pro and Studio plans. Paid plans are billed monthly or yearly in advance. Prices of plans and extra storage packs shown in the price list are gross prices, i.e. the amount payable. Prices in PLN include 23% VAT, and prices paid by buyers from the European Union without a valid EU VAT number include the VAT due. A business from an EU member state other than Poland with a valid EU VAT number pays the same amount without VAT (reverse charge), and a buyer from outside the EU pays it without VAT. Flyp charges a plan-dependent commission solely on payments made by the User’s clients for extra photos (and, in the future, other products) sold through the gallery and the integrated payment providers, according to the current price list. Advance payments and session payments are not subject to commission. The commission is deducted automatically at the moment of payment and is shown in the details of every transaction. The User may pass the commission on to their client as a platform service fee; this fee forms part of the User’s price and is visible to the client before payment. On the Pro and Studio plans Flyp charges no commission, and the User may accept client payments through their own account with a chosen payment provider (e.g. Przelewy24, PayU, Tpay, Revolut, PayPal). Settlement then happens directly between the User and the provider, under that provider’s price list; Flyp only stores, in encrypted form, the credentials entered by the studio owner and does not intermediate in the flow of funds. After switching to a plan with commission, own provider accounts are suspended until a return to a plan without commission, and payments started before the change are completed with the previous provider. A plan can be changed or cancelled at any time in the settings. The commission is settled in monthly billing periods: for each calendar month the Service Provider issues one collective invoice for the commissions charged in that month (less commissions refunded with payment refunds), no later than on the 15th day of the following month, with VAT on the same terms as for the plan. The invoice is available in Settings, Subscription section, and sent by e-mail; a commission refunded after the invoice is issued is included in a correcting invoice.
§4. Rules of use
The User uses the platform lawfully and for its intended purpose. It is prohibited to disrupt the operation of the service, to attempt unauthorised access, or to use the platform for unlawful content. Photos, client data and other content entered by the User remain their property; Flyp acquires no rights to them.
Document templates provided to the studio (terms, privacy policy, image consent, contract templates) are examples to be adapted and do not constitute legal advice. The User is responsible for the content of their documents and should check them before publishing, preferably with a lawyer.
§5. Entrustment of data processing
For the personal data of the User’s clients entered into the platform, the User is the controller and Flyp processes it solely on the User’s instructions as a processor (Art. 28 GDPR). The terms of processing, including the list of sub-processors and the rules for changing it, are set out in the data processing agreement, which forms an integral part of these terms.
§6. Service availability
We make every effort to keep the platform continuously available. Short technical breaks are possible (maintenance, updates); we announce significant ones in advance. The Provider is not liable for interruptions caused by circumstances beyond its control (force majeure, supplier failures).
§7. Termination and data
The User may delete the account at any time. Before deletion we make it possible to export the data. After the account is deleted, data is removed in line with the privacy policy, subject to the retention periods required by law.
§13. Final provisions
Matters not covered here are governed by Polish law. These terms may change. We announce changes 14 days in advance, and continued use of the platform means acceptance of the new version.
§8. Consumers and sole traders with consumer rights
The platform may also be used by natural persons without a business (the “private person without a business” form in the studio wizard). Such a User is a consumer. The provisions of these terms on consumers (§9 to §12) also apply to a natural person who concludes an agreement directly related to their business where the agreement shows that it is not professional in nature for them, in particular given the scope of business registered in the Polish business register CEIDG (Art. 7aa of the Polish Consumer Rights Act). These terms do not exclude or limit consumer rights under mandatory law.
§9. Conclusion of the agreement and right of withdrawal
An agreement for the service in a paid plan is concluded when the plan is paid for at checkout. Before paying, the User accepts these terms, requests that the service start before the withdrawal period ends and acknowledges the effects of withdrawal described below. The Service Provider sends a confirmation of the agreement (plan, price, billing period, the request made, information on withdrawal) by e-mail to the studio owner.
A consumer and a person referred to in §8 may withdraw from the agreement within 14 days of its conclusion without giving a reason. Sending the statement before the deadline is enough. The statement can be made with the “Withdraw from the agreement” button in Settings, Subscription section, or sent to kontakt@flyp.pl, also using the form in §10. The Service Provider promptly confirms receipt of the statement by e-mail.
Since, at the User’s request, the service starts before the withdrawal period ends, on withdrawal the User pays for the service provided until withdrawal: an amount proportional to the time that has passed in the paid billing period (Art. 35 of the Polish Consumer Rights Act). The Service Provider refunds the rest of the payment. If no such request was made, the whole payment is refunded. The refund is made promptly, no later than 14 days after receiving the statement, using the same payment method the User used, at no extra cost. The Service Provider issues correcting invoices for the paid period. On withdrawal the paid plan ends and the studio moves to the Free plan.
The right of withdrawal does not apply to a business for which the agreement is professional in nature (in particular a company). Such a User can cancel the plan at the end of the paid period (§3).
§10. Model withdrawal form
(complete and return this form only if you wish to withdraw from the agreement)
To: Usługi Programistyczne Marcin Rzepecki, ul. Bakalarska 15B/6, 02-212 Warszawa, Poland, e-mail: kontakt@flyp.pl
I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) agreement for the Flyp service in the plan: …
Date the agreement was concluded: …
Name of consumer(s): …
Account e-mail and studio name: …
Signature of consumer(s) (only if this form is sent on paper): …
Date: …
(*) Delete as appropriate.
§11. Complaints and conformity of the service
The Service Provider is responsible for the conformity of the service with the agreement, including providing updates needed for it to work (towards consumers and persons referred to in §8 under Chapter 5b of the Polish Consumer Rights Act). A complaint can be sent by e-mail to kontakt@flyp.pl or through a request in the in-app Help Centre, stating the account e-mail, a description of the problem and the expected solution. The Service Provider replies to a complaint within 14 days of receiving it, to the e-mail address it was sent from. If it does not reply within this period, the complaint is deemed accepted. A consumer may demand that the service be brought into conformity and, if that is impossible or ineffective, a price reduction or withdrawal from the agreement.
§12. Out-of-court dispute resolution
A consumer may use out-of-court methods of handling complaints and pursuing claims: apply to the permanent consumer arbitration court at the regional Trade Inspection inspector, ask the regional Trade Inspection inspector to start mediation, or obtain free help from a district (municipal) consumer ombudsman. Information on these methods is published by the President of the Office of Competition and Consumer Protection (UOKiK) at uokik.gov.pl. A consumer from another EU country may contact the European Consumer Centre in their country. The EU online dispute resolution platform (ODR) ceased operating on 20 July 2025. Using these methods is voluntary.