§1 Definitions

User – a person or entity using Blink cart services.

Blink cart – the provider of services mentioned in these terms.
PROPAGE
ul. Księcia Bogusława 26/6
70-242, Szczecin, Poland
EU VAT: 955-207-36-97

§2 Scope and terms of services

Detailed scope and terms of individual services may be specified in separate agreements or commercial offers. If a service is paid, the User will be informed about the price, billing cycle, available payment methods and consequences of non-payment, including the possibility of suspension or termination of service provision. The current price list is available on the Blink cart website or in individual commercial offers.

§3 User responsibility

The User bears full responsibility for all content, data and materials provided or made available as part of using Blink cart services, including data downloaded automatically (e.g. via API). The User is responsible for compliance of such data with applicable law and for the consequences of their publication and use. The User undertakes to evaluate and verify the results of AI-based services before using them in critical applications.

The Client is the Data Controller of their end users' personal data. By using the services, the Client accepts the terms set out in the Privacy Policy.

§4 Third-party service integrations

The User is responsible for compliance of all integrations with legal provisions and best practices, as well as for the manner of data management within such integrations. The User is obliged to protect their customers' data in accordance with applicable regulations, similarly to an online store owner. Blink cart bears no responsibility for problems arising from failures, changes or unavailability of third-party platforms (APIs, external services).

§5 Artificial intelligence services

Services using artificial intelligence technology may generate results that are unpredictable, incomplete, incorrect or potentially inappropriate. Blink cart makes efforts to ensure the highest quality of services, however the User acknowledges the limitations of this technology and related risks.

The User accepts that Blink cart does not guarantee specific results nor bears responsibility for consequences of decisions based solely on results generated by AI. If the AI system processes User data for the purpose of improving service quality, this is done exclusively in an anonymized manner or with User consent, in accordance with the Privacy Policy.

§6 Demonstration and testing features

Features marked as "preview", "beta", "demo", "free demo", "experimental" or similar are made available exclusively for demonstration and testing purposes. The User uses them at their own risk and undertakes to disable such features before deployment in a production environment.

Blink cart may at any time change, limit or remove demonstration features without prior notice. These features may contain bugs, instabilities or incomplete functionality and are not covered by standard technical support.

§7 Intellectual property

All intellectual property rights, including software, AI algorithms, trademarks, technological solutions and know-how used by Blink cart, belong to PROPAGE. The User does not acquire any ownership rights to these elements in connection with using Blink cart services.

§8 Liability and limitations

All services are provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Blink cart bears responsibility towards the User for damages caused as a result of action or omission in accordance with applicable law, subject to the following principles:

• The total liability of Blink cart towards the User for all claims arising from the use of services is limited to the amount of monthly subscription fee paid by the User for the given service in the month preceding the event forming the basis of liability.
• In case of service interruption, the User has the right to demand compensation proportional to the downtime, however not exceeding the amount of monthly subscription fee.
• Liability limitation also applies to indirect, incidental, special, consequential or intangible damages (e.g. loss of data, reputation, profits), unless they result from gross negligence or intentional action by Blink cart.
• These limitations apply even when the provided remedies fail to achieve their essential purpose.
• Without prejudice to the monetary limitation in point one, Blink cart bears no responsibility for damages resulting from:
  • Use of demonstration and testing features marked as "preview", "beta", "demo", "free demo" or "experimental"
  • Disruptions in e-commerce store operations (checkout, payments, order processing)
  • Third-party platform integration problems
  • System failures, updates, maintenance, or cyber attacks on external systems
  • Loss of data, revenue, profits, or business interruption
  • User misconfiguration or improper use of services
• In no event shall Blink cart be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, loss of use, or business interruption, regardless of the theory of liability and even if advised of the possibility of such damages.

These limitations apply to the maximum extent permitted by applicable law, regardless of the legal basis of the claim (contractual, tort, warranty or other).

§9 Force majeure

Blink cart bears no responsibility for non-performance or improper performance of obligations arising from these terms in case of events beyond its control (force majeure), such as natural disasters, wars, riots, infrastructure failures, power outages, cyber attacks, third-party platform failures, or introduction of new legal regulations.

§10 Changes to the Terms

All changes to the Terms will be communicated to Users electronically (email). The new version of the terms becomes effective from the date of its publication, unless otherwise indicated in the communication. This version is effective from 02.06.2025.

§11 Applicable law and jurisdiction

In matters not regulated by these terms, Polish law shall apply. All disputes arising from the use of Blink cart services shall be resolved by the court having jurisdiction over Blink cart's registered office. For international Users, disputes may be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce.

§12 Severability clause

If any provision of these terms proves to be invalid or unenforceable, this does not affect the validity of the remaining provisions, which remain in force.