TERMS OF USE

Publication date: 01/03/2025

The Terms of Use regulate the conditions for obtaining Services.

The Terms of Use describe the types of Services, their cost, and payment methods.

The provision of Services is regulated exclusively by the conditions of these Terms of Use and relevant legislative acts.

Please read this document carefully to familiarize yourself with the methods and cost of providing the Services.

Reference to the words `we`, `our` or `us` (or equivalent terms) means the Company.

Reference to the words “you” or “your” (or similar words) means the User receiving the Services.

The words he/she and their derivatives in the text of the document can be applied to either a male person or a female person, depending on the context of the document.

1. DEFINITIONS

1.1. Personal Data means any information that directly or indirectly allows you to identify the User. For example, first name, last name, phone number, and IP address.

1.2. Account is the User`s account in the App, through which the User manages the functions of the App.

1.3. Services are an algorithm of actions performed by the Company and consist in providing the User with the opportunity to generate nail’s designs and/or other images.

1.4. Company`s website (hereinafter referred to as the `Site`) means a web page or a group of web pages on the Internet located at: https://mynails.style

1.5. My Nails Style application (hereinafter referred to as the `App`) is a mobile application installed by the User to access the Services.

1.6. Company `My Nails Style` (hereinafter referred to as the `Company` or “My Nails Style”) is an organization registered under the jurisdiction of Poland and provides Services to Users.

1.7. User is an individual or legal entity to whom the Company provides Services.

1.8. Tariff is a system of payment rates for the provision of Services by the Company to the User.

1.9. User`s Consent (hereinafter `Consent`) - means a voluntary, specific, informed, and unambiguous expression of will in which the User, by a statement or a clear affirmative action, agrees to the conditions of the Terms of Use.

1.10. Token means an internal unit of payment for generations, purchased by the User for a fee or credited by the Company as part of special offers.

1.11. Content means images generated by the App, created based on the User`s request.

2. REGISTRATION AND ACCESS TO THE APP

2.1. To use the App, the User must create an Account by one of the following methods:

  • 2.1.1. Providing an email address and confirming it via a verification code;
  • 2.1.2. Providing a phone number and confirming it via SMS message;
  • 2.1.3. Authorizing through a Google account.

2.2. Upon registration of the Account, the User is obligated to provide current and truthful information. In case of providing false information, the Company has the right to:

  • 2.2.1. Block the User’s Account without the possibility of recovery;
  • 2.2.2. Restrict the User’s access to certain functions of the App (for example, making purchases, publishing Content, participating in contests);
  • 2.2.3. Delete the User’s Account without prior notice.

2.3. The User is responsible for the security of their Account, including login and password.

3. PROVISION OF SERVICES

The Company provides Services to the User under the conditions of these Terms of Use, which are a public contract addressed to an unlimited number of persons. If the User does not agree to the Terms of Use, the Company has the right not to provide Services to such User.

The Company provides the following Services to the User:

  • 3.1. Account Management;
  • 3.2. Presenting you with images created from photographs you have uploaded to the server and other similar Services;
  • 3.3. Providing access to certain areas, features, and functionality of our Services;
  • 3.4. Responding to requests for customer support or technical support;
  • 3.5. Processing your financial information and other payment methods for purchased products or Services.

The App provides the User with the following functionalities:

  • 3.6. Creating a photo of a hand for further use in manicure generation.
  • 3.7. Generating manicure designs based on specified parameters or a request (prompt).
  • 3.8. Generating images on a free theme in Fun mode using a text description.
  • 3.9. Saving, adding to favorites, sending generated images via messengers or social networks installed on the User’s device.
  • 3.10. Publishing images in the User community.

Image generation is carried out for Tokens. They are credited in accordance with the User`s tariff plan or purchased through in-app purchases.

4. PAYMENT PROCEDURE

The User pays for the Services by purchasing the appropriate Tariff specified in the relevant section of the Site. In accordance with the selected Tariff, the User receives the corresponding number of Tokens, spending which he can receive the Services and/or use the functions of the App. The cost and conditions of the Tariffs are specified by the Company in the relevant section of the Site and these Terms of Use and may be changed by the Company unilaterally.

The Company determines the following Tariffs and their conditions:

4.1. Basic:

Access to this plan is granted to the User automatically upon registration. Basic has the following limitations:

  • 4.1.1. The User has access to a smaller number of tokens, compared to Premium, for Services during the day. Within the Basic Tariff plan, the User has access to 50 Tokens during the day. After a day, the number of Tokens is updated to 50.
  • 4.1.2. It is possible to publish no more than 3 of your Content images in the Site (Gallery of the Best Works of the App Users).
  • 4.1.3. When using the App, the User may be shown advertisements.
4.2. Premium:

Access to the Premium Tariff plan is acquired by the user through the purchase of a paid subscription. The cost of such a subscription is indicated in the relevant section of the Site.

The User has two subscription options available: Premium for a week and Premium for a month. The functionality of both options is the same.

  • 4.2.1. The Premium plan offers full access to the App`s functionality. Within the Premium Tariff plan, the User has access to 500 Tokens during the day. After a day, the number of Tokens is updated to 500.
  • 4.2.2. There is no limit on the publication of Content. No advertising display.

More detailed information about Tariff plans, their cost, and the cost of token packages is available in the App.

In the event of changes to the conditions or cost of the Tariff, the Company shall notify the User of such changes by posting the relevant information in the section of the Site and/or by sending a letter to the User`s email address. The new payment terms shall come into effect from the moment the paid Tariff expires.

5. TOKENS

The following conditions apply to the use of Tokens:

  • 5.1. Tokens are a virtual currency used exclusively within the App. The User may neither purchase, sell, nor exchange the Tokens under any circumstances on any exchanges or other services, except for the App.
  • 5.2. Unused tokens are not refundable or exchangeable for cash.
  • 5.3. By this Agreement, the User agrees that the Company has the right, at its sole discretion and at any time, to change the cost of Tokens required to use certain functions or access certain content in the App. In case of disagreement with the changes, the User has the right to stop using the App and delete their Account.
  • 5.4. The Company undertakes to notify Users of any changes in the cost of Tokens in advance by posting relevant information in the App or on the official website of the App.
  • 5.5. The Company undertakes to provide Users with the opportunity to familiarize themselves with up-to-date information about the cost of Tokens before making any actions related to the use of Tokens.

6. REFUNDS

The following terms apply to refunds:

  • 6.1. Since the User pays for the Services in the form of a subscription, in accordance with the selected Tariff, the payment for the Services is final and non-refundable.
  • 6.2. The Company has the right to refund the payment for the Tariff solely at its own initiative and will. However, the refund of the payment for the purchase of the Tariff is made only within 7 (seven) calendar days after the first payment has been made, and the Company can refund only the first payment. After the expiration of 7 (seven) calendar days after the first payment for the Tariff, the Company does not refund money.
  • 6.3. To request a refund, the User must send the Company a request to the email address: my.nails.st@gmail.com. Such a request must contain the following information:
    • Confirmation of the User`s identity
    • A description of the User`s order
  • 6.4. If the Company is unable to confirm the User`s identity or receive a description of the reasons for the refund, the refund request will not be processed.
  • 6.5. In the event of a refund for the Tariff, the Company will return the funds to the User within 7 (seven) calendar days from the moment of receiving the refund request to the bank details specified by the User when paying for the Services.

8.4 The Company undertakes:

  • 8.4.1 To provide Services in accordance with applicable law;
  • 8.4.2 To comply with the terms of the user agreement that is concluded with users;
  • 8.4.3 Take measures to block users who violate the Terms of Use.

9. RESPONSIBILITY

9.1 The Company is not responsible for:

  • 9.1.1 Incorrect operation of the App caused by technical failures or problems on the User`s side, or a Third Party providing services necessary for the App to work;
  • 9.1.2 The Content created by Users;
  • 9.1.3 Any losses incurred by the User arising from the use of the App;
  • 9.1.4 Actions of Users that violate this Agreement.

9.2 In case of violation by the User of the rules of use of the Terms of Use, the Company has the right to block the User`s account. This can be a temporary or permanent block.

9.3 The Company does not guarantee:

  • 9.3.1 Uninterrupted access to the Company`s Site/App;
  • 9.3.2 Uninterrupted access to the Services.

The Company reserves the right, but not the obligation, to:

  • 9.4.1 Monitor violations of these Terms of Use;
  • 9.4.2 Take appropriate legal action against anyone who, in its sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such User to law enforcement;
  • 9.4.3 In its sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive or otherwise burden our systems;
  • 9.4.4 Administer the Site/App in a manner that protects our rights and property and facilitates the proper functioning of the Site/App.

9.5 To the extent permitted by law, we provide the materials and Services on an `as is` basis. This means that we make no warranties of any kind, including but not limited to warranties of merchantability and fitness for a particular purpose.

9.6 THE COMPANY WILL NOT BE LIABLE FOR EFFECTS CAUSED BY AN ACT OF HACKERS, CRIMINAL SOFTWARE CHANGES, AND OTHER TYPES OF UNAUTHORIZED ACCESS AND USE OF THE SITE/APP.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 All relationships between the Company and the User arising in connection with the fulfillment of the terms of these Services, about the use and use of the Services, shall be governed by the laws of the Republic of Poland.

10.2 To expedite resolution and control the costs of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively “Disputes”) brought by you or us (individually a “Party” and collectively the “Parties”), the Parties agree to first attempt to arbitrate any Dispute (besides Disputes expressly set forth below) informally at least 10 (ten) business days before the commencement of the arbitration. Such informal negotiations begin after written notice from one Party to the other Party.

10.3 Any dispute arising out of or in connection with this agreement, including any question as to its existence, validity, or termination, shall be referred to and finally decided by the law of the Republic of Poland.

11. USER CONSENT

11.1 By signing these Terms of Use, the User agrees to:

  • 11.1.1 Terms of payment for the Services;
  • 11.1.2 Terms of registration on the Site;
  • 11.1.3 Payment terms and Tariffs;
  • 11.1.4 Terms of use of the App;
  • 11.1.5 The conditions of these Terms of Use.

11.2 The following actions are considered to be consent to the terms of the Terms of Use:

  • 11.2.1 Receiving Services;
  • 11.2.2 Registration at My Nails Style;
  • 11.2.3 Downloading the App

12. IMPLEMENTATION OF CHANGES

12.1 The Company has the right to make changes to these Terms of Use in the event of a change in the terms of providing Services or a change in the amount of the commission.

12.2 The User is obliged to familiarize himself with the new terms of the Terms of Use, and the Company is not responsible if the User has not familiarized himself with the new terms of the Terms of Use.

12.3 Our electronic or otherwise stored copies of the Terms of Use are deemed to be the true, complete, valid, and enforceable versions of these Terms of Use that are in effect at the time you visit the Site/App. If the User uses the Services after the date of update of the Terms of Use, we have the right to assume that the User has read the new version of the Terms of Use and agrees to the terms of the Services.

13. COMPANY DETAILS

13.1 Name: Stashkevich K.

13.2 Register code: 6793147734

13.3 Address: 31-702 Polska, Kraków ul. Lipowa 3D

13.4 E-mail: my.nails.st@gmail.com

13.5 Website: mynails.style