§1. General Provisions
These Terms and Conditions define the rules for using the online Service available at https://buycoffee.to/, including the rules for the provision of services by the Company, the principles of concluding and enforcing the agreement for the provision of electronic services with the Creator, the rules for conducting transactions by us, and the procedure for submitting complaints.
The Service is administered by Coffee Media sp. z o.o., with its registered office in Suchy Las, address: ul. Akacjowa 4/A105, 62-002 Suchy Las, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register, under KRS number: 0000871091, REGON: 387575870, NIP: 7822889658, holding the status of a small payment institution, entered into the register of small payment institutions maintained by the Polish Financial Supervision Authority under number: MIP196/2023.
The Service is an online platform enabling the provision of financial support to Users seeking such support for their Activity (Creators) by Users willing to provide such support (Supporters).
The Company’s services provided under these Terms and Conditions constitute electronic services within the meaning of the Act of July 18, 2002, on the provision of electronic services.
Pursuant to the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act - DSA), the Administrator has designated a contact point for direct communication with EU Member State authorities, the European Commission, the Digital Services Board, and Service Users regarding matters regulated by the DSA. The contact point is available at: info@buycoffee.to.
To the extent that the use of the Company’s websites and the payment services provided by it are governed by separate agreements or regulations binding between the Company and the User, such agreements or regulations take precedence over these Terms and Conditions.
The condition for using the Company's services provided within the Service is to read and accept these Terms and Conditions.
§2. Definitions
The following terms used in these Terms and Conditions shall have the meanings ascribed to them below:
Cookies - small text information sent by the Service (website) and stored on the User’s device (usually on the hard drive).
Personal Data - information collected within the Service by Coffee Media during registration (data provided by the User in the registration form) and during subsequent use of the Service, including personal data processed by Coffee Media for proper service provision or other legally permissible purposes. Detailed information on personal data processing is available in the Service's Privacy Policy.
Donation - monetary funds transferred to the Creator or the Company by the Service User.
Activity - activities related to creating content available on the Internet authored by the Creator.
Account - an individual account of the User enabling specific actions within the Service.
Creator Account - an Account as specified in § 7 of these Terms and Conditions.
Materials - all data and content published or otherwise provided in the Service by the Creator, visible to Supporters and owned by the Creator.
Coffee Media, Company - the entity owning the Service and providing services within it – Coffee Media sp. z o.o., NIP 782-28-89-658, which also acts as a service provider under the Act of July 18, 2002, on the provision of electronic services.
Non-conformity - a discrepancy between the Account Service and the Service Agreement (criteria for evaluating service compliance are defined in Article 43k (1-2) of the Consumer Rights Act).
Payment Operator - an enterprise responsible for an independent payment system enabling online payments between the Supporter and the Creator.
Creator Profile - an individual profile containing, among others, Materials and information about the Creator and their work.
Terms and Conditions - these Terms and Conditions.
Registration - the act of providing the User’s Personal Data to the extent necessary to use the Service.
Service - the online portal available at www.buycoffee.to, administered by the Company.
Creator - any User of the Service with a Creator Account conducting an Activity.
Agreement - an agreement for the provision of electronic services within the meaning of the Act of July 18, 2002, on the provision of electronic services concluded between Coffee Media and the User upon acceptance of the Terms and Conditions.
Donation Agreement - an agreement concluded each time via the Service between the Creator and the Supporter, involving a gratuitous monetary contribution from the Supporter to the Creator.
Account Service Agreement - an agreement for the provision of digital services within the meaning of the Consumer Rights Act, whereby the Company provides the User with the Account Service free of charge for an indefinite period, and the User provides the Company with personal data.
Account Service - a digital service within the meaning of the Consumer Rights Act, involving the creation and maintenance of the User's Account by Coffee Media.
Services - services provided by Coffee Media, ensuring the proper functioning of the Service, including enabling Donations between Users and auxiliary services, such as the ability to post materials and content via the Creator Profile to facilitate identification by potential Supporters.
User - any adult natural person with full legal capacity, legal entity, or organizational unit without legal personality using the Service. Users may include individuals lacking full legal capacity, provided they have obtained consent from a legal representative. Coffee Media is not responsible for actions or consequences of actions taken by such individuals without the consent of their legal representative.
Supporter - an entity transferring a Donation to a selected Creator or the Company.
Support - a payment transaction conducted via the Service.
§3. Services Provided Within the Service
The Company’s activities within the Service involve administering and continually developing the Service. The services provided by the Company enable Support to be transferred to the Creator; however, the Company is not a party to the Donation Agreement or any other agreement between the Creator and the Supporter.
Within the Service, the Company enables Creators to:
- Register a Creator Account and use the functionalities of the Creator Account.
- Transfer Support between Supporters and Creators.
- Transfer Support for the development of the Service.
- Publish materials and content that facilitate their identification, including specifying the type of Activity conducted by the Creator.
- Enable Creators to advertise their Activity via the Service by providing advertising space. The provision of such services is subject to a separate agreement with the Company for a specified fee.
Within the Service, the Company enables Creators and third parties to advertise their services and products via the Service by providing advertising space. The provision of such services is subject to a separate agreement with the Company for a specified fee.
The Company provides acquiring services to Creators under terms separately specified in the Payment Services Regulations for merchants.
In the context of acquiring services, the Company cooperates with the Payment Operator. When Support is provided using payment methods supported by the Payment Operator, the Supporter must review and accept the Payment Operator's service regulations.
The Company is not a party to any agreement, particularly the Donation Agreement, concluded between the Supporter and the Creator.
§4. Rules for Using the Service
The Service cannot be used by individuals who do not agree to the Terms and Conditions. If you do not agree to the Terms and Conditions, you should immediately discontinue using the Service.
Using the Service is free of charge, except for services explicitly described as fee-based. No additional software installation or registration is required. However, using functionalities dedicated to Creators requires Registration as described below.
To properly use the Service and its functionalities, the following technical requirements must be met:
- A device with Internet access,
- An email account,
- A browser capable of running a JavaScript engine (e.g., V8),
- Cookies enabled in the browser.
Coffee Media reserves the right to display advertising content within the Service as an integral part of it.
It is prohibited to use the Service to distribute illegal content, violate third-party rights, or act contrary to good practices. In particular, the following are not allowed:
- Using the Service in violation of the law or the Terms and Conditions,
- Actions harmful to Coffee Media or other Users,
- Posting offensive, vulgar, erotic, or defamatory content, as well as disseminating false information,
- Sharing materials promoting ideologies or propaganda deemed unconstitutional in Poland,
- Sending unsolicited advertising or marketing messages (spam),
- Violating copyrights held by Coffee Media or Users,
- Impersonating another User,
- Copying, reproducing, or using Service content without prior permission,
- Automatically scraping information from the Service using scripts or other automated means.
Browsing publicly available content on the Service does not require registration. However, using the Company’s services as a Creator requires creating an Account as specified in these Terms and Conditions.
Supporters are not required to register an Account to make a Donation to a Creator or the Company.
Coffee Media may temporarily suspend access to the Service for security reasons or due to technical maintenance, updates, or modernization. Coffee Media does not guarantee uninterrupted Service availability.
Coffee Media will endeavor to inform Users in advance of planned interruptions or disruptions that may affect the Service.
Coffee Media may provide links to Users’ or third-party websites within the Service. By using such links, you leave the Service, and Coffee Media accepts no responsibility for the content on external websites.
§5. User Account
To conclude an Account Service Agreement, the User must:
- Visit the Service website and click “Register.”
- Complete the registration form by providing:
- Account name,
- Link to online work,
- Email address,
- Password created by the User.
- Check the box confirming acknowledgment and acceptance of the Terms and Conditions and the Privacy Policy.
- Click the “Create Account” button.
Clicking “Create Account” signifies that the User has entered into an Account Service Agreement.
The User gains access to their Account immediately after completing registration.
Coffee Media informs Users that maintaining compliance with the Account Service Agreement does not require any updates from the User.
If access to the Account is not provided immediately after registration, the User should notify the Company at info@buycoffee.to. Failure to grant access promptly may allow the User to withdraw from the Agreement.
Users may terminate the Account Service Agreement at any time without justification. Withdrawal from the Agreement is also possible within 14 days of its conclusion under Article 27 of the Consumer Rights Act.
Withdrawal or termination of the Agreement results in the immediate deletion of the Account upon notification sent to info@buycoffee.to.
In the event of legal violations or breaches of the Terms and Conditions by the User, the Company may terminate the Agreement with seven days' notice, during which the Account may be temporarily blocked.
Blocking or deleting the Account does not affect Donations made before such actions.
§6. Creator Account Registration
To use the Service functionalities enabling Support from Supporters, Users must register a Creator Account. Upon completing registration and accepting the Terms and Conditions, an agreement is concluded between the Company and the Creator under which the Company provides the services described in § 3.2 of the Terms and Conditions. At the moment of registration, the User attains Creator status and concludes an agreement (Creator Agreement) with the Company. The Creator Agreement encompasses payment services and additional auxiliary services provided within the Service.
The Account is created independently by the User through registration on the Service. To register an Account, the User must complete the registration form available on the Service website www.buycoffee.to. Registration and Account creation are free of charge. By registering, the User declares that they have reviewed and accept the current version of the Terms and Conditions, Privacy Policy, and Payment Services Regulations for merchants, including the rights and obligations arising from them.
Detailed rules for registering a Creator Account and verifying the Creator's identity are outlined in the Rules for Creator Registration available at: buycoffee.to/registration-rules.
§7. Creator Account
The purpose of the Creator Account is to facilitate Support for the development of the Creator's Activity. The transfer of Support is conducted under the rules set out in the Payment Services Regulations.
The Creator Account undergoes substantive and formal verification by Coffee Media for compliance with the Terms and Conditions and applicable laws, including the Digital Services Act (DSA) and regulations on anti-money laundering and counter-terrorism financing. Coffee Media reserves the right to monitor the content of each User Account to ensure compliance with the Terms and Conditions. If irregularities are detected or explanations are not provided by the Creator, the Account may be suspended or deleted.
Obtaining Creator status indicates the Creator's consent to receive Support from Users in the form of Donations.
Donations to the Creator are disbursed in accordance with the Payment Services Regulations, which the Creator must accept. The Company cooperates with the Payment Operator, which may require the Creator to complete a verification transfer. Detailed rules for verification transfers are specified in the Payment Operator's regulations and communicated to the Creator via email.
The Company may refuse to disburse Donations to the Creator in cases of:
- A justified suspicion that a transaction or certain assets may be linked to money laundering or terrorism financing,
- A justified suspicion that the assets involved in the transaction derive from a crime or are associated with it.
In the cases outlined above, the Company will suspend the disbursement of Donations, notify the Creator, and inform the relevant supervisory authorities.
During the disbursement process, the Coffee Media system may require two-factor authentication, including:
- The Creator's Account password on buycoffee.to,
- A verification code sent to the Creator's email at the time of the disbursement request.
For services specified in § 3.2(a) and (d) of the Terms and Conditions, the Company does not charge fees. These services are essential for financial support transactions and, as auxiliary services to payment services, are not subject to separate remuneration. The rules governing the Company's remuneration are outlined in subsequent sections of the Terms and Conditions.
The Company is not responsible for the Creator’s fulfillment of legal obligations, including tax liabilities.
§8. Support Provided by Supporters
Supporters can choose one or more Creators and decide to support their Activities by making one-time monetary contributions under the rules specified in these Terms and Conditions.
Once a payment is confirmed by Coffee Media, the Creator is automatically notified of the payment via the Service.
The Donation Agreement between the Supporter and the Creator is concluded when the transaction is completed.
Supporters may choose to add a Voluntary Fee for Coffee Media to their payment in an amount selected by the Supporter.
Coffee Media does not charge fees for Donations made by Supporters.
Supporters consent to transferring Donations to the Creator or Coffee Media using the payment system operated by the Payment Operator.
Coffee Media will confirm and forward Supporter payments identified by transaction numbers and corresponding amounts to the Service.
The Payment Operator reserves the right to verify transactions, Creators, and Supporters to assess risks in specified cases.
To mitigate risk, Coffee Media has implemented the following procedures:
- Single transactions cannot exceed 1,500 PLN, and linked transactions cannot exceed 15,000 EUR in value.
Coffee Media may refuse to process payments from Supporters in cases specified by applicable anti-money laundering and counter-terrorism financing laws.
§9. Materials Provided in the Service and Copyright
All copyrights and related rights to the Service and its content originating from the Company belong to the Administrator or are subject to licenses obtained by the Company.
The Company declares that it holds exclusive and full proprietary rights to the Service and its content or has obtained relevant licenses, and these rights are not encumbered by third-party claims.
All Materials posted by Users in the Service are public and may be made available publicly within the Service.
By posting copyrighted Materials in the Service, Creators grant Coffee Media a free, non-exclusive, unlimited license to use them for providing Services, marketing, and promoting the Service and Creator Activities, including making them publicly available.
In cases of third-party claims against the Company for copyright infringement, the Creator will indemnify the Company, including covering damages, legal costs, and other related expenses.
§10. Remuneration for the Company
- The Company is entitled to remuneration for payment services provided to the Creator.
- The remuneration may be determined in a fee and commission table or individually agreed with the Creator.
- If the Company establishes a fee and commission table (the “TOiP”), the Company reserves the right to amend the TOiP in cases of: a) Introducing new chargeable additional services under the Terms and Conditions, b) Reducing currently offered services, c) Changing the business profile, d) Other market changes.
- Changes to the TOiP are introduced in accordance with the procedure for amending the Terms and Conditions.
- Commission is deducted from the amount of Support due to the Creator.
- The Company issues an invoice to the Creator for the total commission charged in a given month. Invoices are issued monthly on the last day of the month and made available to the Creator by the 15th of the following month.
- Invoices are sent to the Creator electronically to their email address or through the Creator’s Panel in the “Withdrawals” section. By registering, the Creator agrees to receive invoices and corrections electronically.
- The Creator is entitled to one free withdrawal of funds per calendar month; each subsequent withdrawal within the same month incurs a fee, payable upon requesting the withdrawal as per the TOiP.
- If the Supporter opts to provide Support to the Company, the remuneration for the Company also includes the amount of such Support.
§11. Violations of the Terms and Conditions
If a Creator violates legal provisions or these Terms and Conditions, Coffee Media may: a) Send a warning to the Creator requesting the cessation of the violating activities, b) Restrict some or all functionalities of the Creator’s Account, c) Temporarily block the Creator’s Account, d) Permanently delete the Creator’s Account.
The provisions above also apply if the Company determines that the Creator’s content violates applicable laws or community guidelines.
Coffee Media will notify the Creator of warnings, restrictions, blocks, or account deletions via email.
In cases specified in §11.1, the User is entitled to file a complaint under the procedure outlined in §12.
Deletion of the Account, as mentioned above, terminates the agreement for the provision of services to the User. The Company will promptly disburse the funds collected by the Creator under the rules specified in the Payment Services Regulations.
Coffee Media may refuse to provide services and delete an Account if it is re-registered following termination by the Company or due to previous violations of legal provisions or the Terms and Conditions.
§12. Complaints
The provisions of this section apply exclusively to Users who are Consumers or Entrepreneurs with Consumer Rights.
Complaints regarding the improper operation of the Service or other services under the Terms and Conditions may be submitted: a) In writing – in person at the Company’s headquarters or via post to: Coffee Media sp. z o.o., ul. Akacjowa 4/A105, 62-002 Suchy Las. b) Orally – by telephone, after scheduling a call via the complaint submission form provided by the Company. c) Electronically – via email to info@buycoffee.to.
The Service provided to the User by the Company must comply with the Service Agreement throughout the entire duration of service provision.
The Company is liable for any Non-conformity revealed during the provision of the Account Service.
If a Non-conformity is identified, the User may submit a complaint requesting that the Account Service be brought into compliance with the Service Agreement.
The complaint should include: a) The User’s name and surname, b) Email address, c) Description of the identified Non-conformity, d) Request to bring the Account Service into compliance with the Service Agreement.
The Company may refuse to bring the Service into compliance if it is impossible or would entail excessive costs.
After reviewing the complaint, the Company will respond by: a) Accepting the complaint and providing a planned timeframe for compliance, b) Refusing compliance due to reasons specified in §12.7, c) Rejecting the complaint as unfounded.
The Company will respond to the complaint via email within 14 days of receipt.
If the complaint is upheld, the Company will bring the Service into compliance at its expense within a reasonable timeframe without undue inconvenience to the User, considering the nature and purpose of the Service.
If compliance cannot be achieved, the User may withdraw from the Agreement in cases such as: a) Compliance is impossible or requires excessive costs, b) Non-conformity persists despite attempts to resolve it, c) The Non-conformity is significant enough to justify withdrawal without prior remediation attempts, d) The Company explicitly states that compliance will not be achieved in a reasonable timeframe.
Withdrawal from the Agreement must be submitted via email to info@buycoffee.to, including: a) User’s name and surname, b) Email address, c) Date of Service delivery, d) Description of Non-conformity, e) Reason for withdrawal.
Upon withdrawal, the Company will delete the User’s Account promptly.
Consumers may use out-of-court complaint and redress procedures. Details are available from municipal consumer advocates or on the Polish Consumer Protection Office’s website: http://www.uokik.gov.pl.
§13. Duration of the Agreement
The Creator Agreement is concluded for an indefinite period.
Coffee Media may terminate the Agreement at any time for valid reasons or without cause with a one-month notice period. The User may terminate the Agreement at any time with a one-month notice period, effective at the end of the month. At the Creator’s request, Coffee Media may agree to shorten the notice period.
To effectively terminate the Creator Agreement, the Creator must settle their Account by requesting a withdrawal of all funds collected on the Creator Account to a specified bank account.
At the end of the notice period, the Agreement is terminated, and the User's Account, along with the User's Materials published in the Service, is deleted.
Termination must be submitted via email to info@buycoffee.to. The termination notice must include the User’s identification details.
Coffee Media reserves the right to terminate the Agreement with a Creator (delete the Creator Account) in the event of inactivity (no logins) for a period of at least 12 consecutive months. The Company will notify the Creator twice via email before sending a termination notice, stating the reasons and requiring the Creator to settle their Account before the notice period ends. The notice period is one month from the date of the termination notice.
If the Creator logs into their Creator Account at least once during the notice period, Coffee Media will withdraw the termination notice.
Coffee Media may terminate the Agreement immediately and delete the User’s Account if the User violates the law or the Terms and Conditions. In such cases, Coffee Media and the User must settle the Account, if necessary.
Coffee Media reserves the right to cease operations or transfer the rights to the Service to another entity at any time for any reason. Users will be informed via email and through a notification in the Service about the termination of operations and procedures for settling Creator Accounts.
In the event of the Service ceasing operations, all Agreements concluded within the Service are terminated.
In the event of the Creator's death, funds will be transferred to a verified bank account of the heir, based on notarial or court documentation.
§14. Verification of Materials by the Company
Posting illegal content under the DSA or content inconsistent with the Terms and Conditions or community guidelines is prohibited.
The Company may verify Materials posted by Users at any time for compliance with the DSA, the Terms and Conditions, or community guidelines.
Verification is conducted non-arbitrarily, objectively, and with due diligence. Automated mechanisms for detecting violations may also be used, with information provided to Users about the algorithms applied.
If Materials are found to violate the Terms and Conditions, the Company may remove them from the Service. The Company will notify the User of such actions, providing the reasons for the decision.
Users whose Materials are removed are entitled to file an appeal. The procedures for appeals are specified in §12.
§15. Liability
Except as provided in §14 and applicable regulations, the Company is not liable for information shared in the Service by Creators. The Company is not obligated to monitor or verify the content or Materials shared or stored by Creators within the Service.
The Company is not responsible for Materials posted in the Service if: a) The Company is unaware of illegal activity or Materials, or concerning damages claims, is not aware of circumstances indicating illegal activity or Materials; or b) The Company promptly takes appropriate action to remove or block access to illegal Materials upon becoming aware.
The Company is not responsible for the activities of the Payment Operator facilitating transactions between Supporters and Creators. The Payment Operator is solely responsible for the proper execution of payments.
Complaints regarding such transactions should be directed to the Payment Operator. The Company will cooperate with the Payment Operator to facilitate complaint resolution.
The Company’s liability to Creators for payment services is governed separately.
Donation Agreements are solely between the Supporter and the Creator. The parties are responsible for fulfilling their obligations and claims arising from the Agreement, including the transfer and proper use of Donations. Coffee Media does not oversee or assume liability for the performance of obligations under the Agreement.
The Company is not liable for actions, decisions, or omissions by Users, including personal data entered in the registration form, Materials, or messages sent by Users.
Tax obligations arising from Donations or income received as Donations are the responsibility of the parties required to pay such taxes under applicable laws. The Company is not liable for tax obligations of Supporters or Creators.
§16. Personal Data
Information required by data protection regulations related to the use of the Service is provided through the Privacy Policy available on the Service's website at buycoffee.to/privacy-policy.
§17. Changes to the Account Service
The Company may modify the Account Service in cases of: a) Adapting the Service to new devices or software used by Users, b) Enhancing the Service by adding new functionalities or modifying existing ones, c) Legal requirements necessitating changes to the Service.
Changes to the Account Service must not impose additional costs on Users.
Users are informed about changes through notifications in their Account. Additionally, the Company may send information via email.
If changes significantly and negatively impact access to the Account Service, Users will be informed of: a) The nature and timing of the changes, b) Their right to terminate the Account Service Agreement immediately within 30 days of the change.
Such information will be sent via email at least seven days before the changes are implemented.
Termination due to changes must be submitted via email to info@buycoffee.to. The Company will promptly delete the Account upon receiving the termination notice.
§18. Changes to the Terms and Conditions
The Company reserves the right to amend the Terms and Conditions in cases of: a) Changes to applicable laws concerning services provided under these Terms and Conditions, b) Expanding, modifying, or limiting services, introducing new services, or discontinuing some services, c) Court rulings, decisions, recommendations, or directives from regulatory or public administration authorities requiring amendments, d) Editorial changes.
Users will be informed of changes via email. Amendments take effect no earlier than 14 days after the notification.
§19. Final Provisions
The Terms and Conditions are available for download at [www.buycoffee.to/rules].
Communication costs depend on the rates charged by your telecommunications provider.
Polish law governs the rights and obligations arising from using the Service.
Disputes unresolved amicably will be resolved by a competent common court.
If any provision of these Terms and Conditions is found invalid or ineffective, the remaining provisions remain in force.