§ 1. General Provisions
1.These Regulations define the terms and conditions for using the online Service available at: https://buycoffee.to/, including the rules for the provision of services by the Company, the terms and conditions for concluding and performing the agreement for the provision of electronic services with the Creator, the execution of transactions by Us, and the complaint submission procedures. 2.The Service Administrator is Coffee Media sp. z o.o., headquartered in Suchy Las, address: ul Akacjowa 4/A105, 62-002 Suchy Las, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000871091, REGON: 387575870, NIP: 7822889658, holding the status of a small payment institution, registered with the Financial Supervision Authority under number: MIP196/2023. 3.The Service is an online platform enabling the connection of Users seeking financial support for their Activities (Creators) with Users willing to provide such support (Supporters). 4.The Company's services provided under these Regulations constitute electronic services as defined by the Act of July 18, 2002, on the Provision of Electronic Services. 5.In accordance with the provisions of the Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on a Single Market for Digital Services (Digital Services Act, hereinafter: "DSA"), the Administrator has designated a contact point for direct communication with the authorities of EU Member States, the European Commission, the Digital Services Board, and Service Users regarding matters covered by the DSA. The contact point is available at: info@buycoffee.to. 6.These Regulations do not apply to the Company's websites and services, which are governed by separate agreements or regulations between the Company and the User. In particular, the Regulations do not apply to payment services provided by the Company under a separate Payment Services Agreement for the Merchant. 7.Using the Company's services within the Service requires prior familiarization with and acceptance of the Regulations.
##§ 2. Definitions
The terms used in these Regulations have the following meanings:
- Cookies- small text information sent by the Service (website) and stored on the User's side (usually on the hard drive of the computer);
- Personal Data - collected in the Service by Coffee Media during registration (data provided by the User in the registration form) and later use of the Service, including information and personal data of the User processed by Coffee Media for the proper provision of Services or for other legally permissible purposes. Detailed information on personal data processing is available in the Service's Privacy Policy; 3.Donation - monetary funds transferred to the Creator or the Company by the Service User; 4.Activity - activity related to the creation of content available on the Internet authored by the Creator; 5.Account - the individual User account that allows the User to perform specified actions within the Service; 6.Creator Account - an Account as specified in § 7 of these Regulations;
- Materials - all data and content published or otherwise posted in the Service by the Creator, visible to the Supporters and owned by the Creator;
- Coffee Media, Company - the entity owning the Service and providing Services within the Service - Coffee Media Sp. z o.o., NIP 782-28-89-658, which also serves as the service provider under the Act of July 18, 2002, on the Provision of Electronic Services; 9.Non-Compliance - understood as the non-compliance of the Account Service with the Agreement for the provision of the given Service (criteria for assessing compliance are defined in Article 43k (1-2) of the Consumer Rights Act); 10.Payment Operator - the company responsible for the independent online payment system of Coffee Media, enabling payments between the Supporter and the Creator; 11.Creator Profile - the individual profile of the Creator, containing, among others, Materials and information about the Creator and their work; 12.Regulations - these Regulations; 13.Registration - the action of providing the User's Personal Data to the extent necessary to use the Service; 14.Service - the online portal available at www.buycoffee.to, administered by the Company; 15 Creator - any Service User with a Creator Account conducting Activity; 16.Agreement - the agreement for the provision of electronic services under the Act of July 18, 2002, on the Provision of Electronic Services, concluded between Coffee Media and the User upon acceptance of the Regulations; 17.Donation Agreement, Donation - an agreement concluded each time via the Service between the Creator and the Supporter, involving a gratuitous monetary service from the Supporter to the Creator; 18.Account Service Agreement - the agreement for the provision of a digital service under the Consumer Rights Act, under which the Company undertakes to provide the Account Service free of charge for an indefinite period, and the User undertakes to provide the Company with personal data; 19.Account Service - a digital service under the Consumer Rights Act, consisting of creating and maintaining an Account by Coffee Media for the User;
- Services - services provided by Coffee Media to ensure the proper operation of the Service, including providing Users with space to present their Activities and facilitating the transfer of Donations between Users;
- User - any adult natural person with full legal capacity, legal entity, or organizational unit without legal personality, using the Service. A User can also be a natural person without full legal capacity with the consent of a legal representative. Coffee Media is not liable for the actions or consequences of actions by such persons if they acted without the consent of their legal representative; 22.Supporter - an entity that transfers a Donation to a selected Creator or the Company; 23.Support - a form of payment transaction carried out via the Service;
##§ 3. Services Provided Within the Service 1.The Company's activities within the Service involve managing and continuously developing the Service. The services provided by the Company facilitate the transfer of support to the Creator, but the Company is not a party to the Donation Agreement or any other agreement between the Creator and the Supporter. 2.The Company provides the following services to Creators within the Service: a) Registration of the Creator Account and use of the Creator Account functionalities; b) Facilitating the transfer of Support between the Supporter and the Creator; c) Facilitating Support for the development of the Service; d) Publishing materials and content about the Creator's Activity within the Service; e) Allowing the Creator to advertise their Activity via the Service by providing advertising space to the Creator;
3.The Company allows third parties to advertise their services and products via the Service by providing advertising space.
4.The Company provides acquiring services to the Creator under terms separately specified in the Payment Services Regulations for the Merchant.
5.As part of the acquiring service, the Company cooperates with the Payment Operator. If Support is provided using payment methods supported by the Payment Operator, the Supporter must familiarize themselves with and accept the Payment Operator's service regulations.
6.The Company is not a party to any agreement, in particular, the Donation Agreement concluded between the Supporter and the Creator.
§ 4. Terms of Using the Service
1.Persons who do not agree with the provisions of the Regulations may not use the Service. If you do not agree with the provisions of the Regulations, you should immediately discontinue using the Service.
2.Using the Service is free of charge, does not require additional software installation or registration. However, to access functionalities dedicated to the Creator, registration as described below is necessary.
3.To properly use the Service and all its functionalities, the following technical requirements must be met: having an internet-enabled device, an email account, and a web browser like Microsoft Edge version 40 or higher, Google Chrome version 58 or higher, Mozilla Firefox version 50 or higher, Opera version 44 or higher, or Safari version 9 or higher or another browser capable of running the V8 JavaScript engine. The browser should have Cookies enabled.
4.Coffee Media has the right to place advertising content on the Service, which constitutes an integral part of the Service.
5.It is prohibited to use the Service to provide unlawful content, including content that violates the rights of third parties or is contrary to good manners. Specifically, the following are prohibited:
a) Using the Service in violation of or intending to violate the law or the Regulations; b) Taking actions harmful to Coffee Media or a User, aiming to disrupt the normal functioning of the Service, including destroying, altering, deleting, or obstructing access to an Account; c) Posting humiliating, offensive, derogatory, vulgar, erotic content, or spreading false information; d) Posting materials that propagate ideologies or propaganda considered unconstitutional in Poland; e) Using the Service to send unsolicited advertising or marketing information (spam); f) Infringing copyrights belonging to Coffee Media or Users; g) Impersonating another User; h) Copying, duplicating, or using Service content, in whole or in part, without prior consent from Coffee Media; i) Automatically downloading information from the Service, e.g., using scripts.
6.Browsing publicly accessible content provided by Coffee Media through the Service does not require registration. Using the Company's services as a Creator requires creating an Account as specified in the Regulations.
7.A Supporter is not required to register an Account in the Service to make a Donation to a Creator or Coffee Media.
8.For security reasons or to perform technical work, updates, or Service upgrades, Coffee Media has the right to temporarily suspend access to the Service for the necessary duration to eliminate existing threats or malfunctions. Consequently, Coffee Media does not guarantee constant availability of the Service, including the User's access to their Account, particularly the ability to make Donations.
9.Coffee Media, where possible, will notify Users in advance of planned interruptions or disruptions in the Service operation that may result in Service downtime.
10.Coffee Media may provide links to websites of Users and Third Parties within the Service. By using such links, you leave the Service pages. Coffee Media is not responsible for the content of Users' or Third Parties' websites, the software available there, materials, or the consequences of their use. Using third-party websites linked to the Service is done at your own risk.
§ 5. User Account
1.To conclude the Account Service Agreement, the User must perform the following actions: 1.Access the Service website and click on the "Register" tab; 2.Enter the following details in the displayed form: a) Account name; b) Email address; c) Password created by the User;
3. Check the box to confirm having read and accepted the Regulations and Privacy Policy;
4.Click the "Create account" button.
2.Clicking the "Create account" button is equivalent to the User concluding the Account Service Agreement.
3.The User gains access to the Account immediately after clicking the "create account" button.
4.Coffee Media informs, and the User acknowledges, that maintaining the compliance of the Account Service with the Account Service Agreement does not require the User to install updates.
5.If the User is not granted access to the Account immediately after concluding the Account Service Agreement, the User shall demand immediate access from the Company. The request may be sent via email to info@buycoffee.to. If the Company does not grant the User access to the Account promptly after receiving the request, the User may terminate the Account Service Agreement.
6.Notwithstanding the provisions of section 5 above, subject to the rules for registering a Creator Account outlined in a separate regulation, if access to the Account is not provided, the User may terminate the Account Service Agreement without requesting access if any of the conditions specified in Article 43j (5) of the Consumer Rights Act are met.
7.Regardless of sections 5-6 above, the User may terminate the Account Service Agreement at any time and without providing a reason, with immediate effect. Additionally, under Article 27 et seq. of the Consumer Rights Act, the User may withdraw from the Account Service Agreement within 14 (fourteen) days of its conclusion, without giving any reason.
8.Withdrawal from or termination of the Account Service Agreement, regardless of the basis for such action, is done by submitting a declaration of withdrawal or termination to the Company. The declaration may be sent via email to info@buycoffee.to. The Company shall delete the Account immediately upon receiving the declaration.
9.If the User uses the Account in a manner that violates applicable law, the Regulations, or good practices, or provides unlawful content, the Company may terminate the Account Service Agreement with a 7 (seven) day notice period, by sending a termination notice via email. After the notice period, the Account will be permanently deleted. During the notice period, the Company may block the User's access to the Account to prevent further violations.
10.Blocking or deleting the Account does not affect the performance of Donation Agreements concluded by the User before the Account was blocked or deleted.
§ 6. Creator Account Registration
1.To use the Service functionalities that enable the User to receive Support from Supporters, the User must register a Creator Account. Upon registration and acceptance of the Regulations, a contract is concluded between the Company and the Creator, under which the Company provides services specified in § 3 (2) of the Regulations. The User becomes a Creator upon registration and enters into an agreement with the Company (the "Creator Agreement"). The subject of the Creator Agreement includes the services provided within the Service and payment services.
2.The Account is created by the User independently through registration on the Service website. To create an Account, the User must fill out the registration form available at www.buycoffee.to. Registration and Account creation are free. By registering, the User declares they have read the current Regulations, including the Privacy Policy and the Payment Services Regulations for the Merchant, and accepts their terms, rights, and obligations.
3.Detailed rules for registering a Creator Account and verifying the Creator’s identity are specified in the Creator Registration Rules at buycoffee.to, available at buycoffee.to/rules/registration.
##§ 7. Creator Account
1.The purpose of the Creator Account is to obtain Support for the development of the Creator’s Activity. Support transfers are made in accordance with the rules specified in the Payment Services Regulations.
2.The Creator Account is subject to substantive and formal verification by Coffee Media to ensure compliance with the Regulations and applicable laws, including the DSA and anti-money laundering and counter-terrorism financing laws. Coffee Media reserves the right to review the contents of each User Account to ensure adherence to the Regulations, particularly to determine if there are grounds for suspicion under the Act of March 1, 2018, on Anti-Money Laundering and Terrorism Financing. If irregularities are found or explanations from the Creator are not received, the Account may be suspended or deleted.
3.Attaining Creator status implies the Creator’s consent to receive Support in the form of donations from Users.
4.Withdrawals of Donations to the Creator are made in accordance with the rules outlined in the Payment Services Regulations, which the Creator must accept. For this purpose, the Company cooperates with a Payment Operator, who may require the Creator to make a verification transfer. Detailed rules for verification transfers will be specified in the Payment Operator's regulations and sent to the Creator via email.
5.The Company may refuse to process a Donation withdrawal if: a) There is a justified suspicion that a particular transaction or assets are connected to money laundering or terrorist financing; b) There is a justified suspicion that the assets involved in the transaction come from a crime other than money laundering or terrorist financing, or are linked to such a crime or a fiscal offense.
6.In the case described in section 5 above, the Company shall withhold the execution of the Donation withdrawal and notify the Creator and relevant supervisory authorities.
7.When initiating a withdrawal, Coffee Media’s IT system may require two-factor authentication by: a) Entering the Creator Account password on buycoffee.to; b) Providing a verification code sent to the Creator's email at the time of the withdrawal request.
8.Services provided by the Company to the Creator as outlined in § 3 (2)(a) of the Regulations are free. The remuneration owed to the Company is specified later in the Regulations.
9.The Company is not responsible for the Creator's compliance with legal obligations, particularly tax obligations.
##§ 8. Support Provided by Supporters
1.Within the Service, a Supporter may choose one or more Creators and decide to support their Activity by making one-time monetary transfers, in accordance with the rules outlined in these Regulations.
2.Upon confirmation by Coffee Media that the Supporter's payment has been successfully made, the Creator is automatically notified within the Service about the Supporter's payment.
3.The Donation Agreement between the Supporter and the Creator is concluded at the moment the transaction is completed by the Supporter.
4.The Supporter may choose to add a Voluntary Fee to the payment in support of Coffee Media in an amount selected by the Supporter.
5.Coffee Media does not charge the Supporter for donations made to the Creator.
6.The Supporter agrees to transfer Donations to the Creator or Coffee Media using the payment system operated by the Payment Operator.
7.Coffee Media will confirm and relay payments made by Supporters to the Service with an identified Transaction number and the amount corresponding to the Transaction value.
8.In cases specified in the Payment Operator’s regulations, the Operator reserves the right to conduct additional verification of transactions, Creators, and Supporters to assess risk.
9.To mitigate the risk of high-risk transactions, Coffee Media has implemented the following procedures: a) A single transaction cannot exceed PLN 1,500, and for related transactions, €15,000. (A transaction whose equivalent value exceeds €15,000 conducted through more than one operation, where the circumstances suggest that they are connected and have been deliberately split into smaller operations.)
11.Coffee Media may refuse to process a Supporter's payment in cases specified by applicable law, especially those concerning anti-money laundering and counter-terrorism financing regulations.
§ 9. Materials Published on the Service and Copyrights
1.All copyrights and related rights to the Service and content originating from the Company belong to the Administrator or are licensed to the Company.
2.The Company declares that it has exclusive and full proprietary rights to the Service and content originating from the Company or has obtained appropriate licenses, and these rights are not encumbered by any third-party claims.
3.All Materials posted by Users on the Service are public and may be made available to the public within the Service.
4.By posting Materials on the Service that are subject to copyright protection, the Creator grants Coffee Media a free, non-exclusive, unlimited, and time-unrestricted license to use them to provide Services, deliver Service functionalities, and for marketing and promotional purposes of the Service and the Creator's Activity - by publicly sharing these Materials on the Service in a way that allows anyone to access them at a time and place of their choosing.
5.If a third party raises claims against the Company for copyright infringement, the Company will promptly notify the Creator who owns the rights. The Creator will indemnify the Company from liability, specifically: a) Relieve the Company from paying any compensation or redress related to the infringement; b) Cover the costs incurred by the Company for other obligations imposed by a court to remove the effects of the infringement; c) Reimburse the costs incurred by the Company related to third-party claims; d) Join the legal proceedings as a third-party intervener on the Company’s side; e) Provide the Company with all support, information, and documents necessary to protect the Company’s legal interests.
§ 10. Remuneration for the Company
1.The Company is entitled to remuneration for the services provided to the Creator.
2.Remuneration may be in the form of a fees and commissions table or individually agreed with the Creator.
3.If the Company establishes a fees and commissions table ("TOiP"), the Company may change the TOiP in cases of: a) Introducing new, paid additional services under the Regulations; b) Reducing the scope of currently provided services; c) Changing the business profile; d) Other market changes.
4.Changes to the TOiP are introduced in the manner provided for changes to the Regulations.
5.The commission is deducted from the amount of Support due to the Creator.
6.The Company issues an invoice to the Creator for the total Commission collected from the Merchant in a given month. Invoices are issued monthly, on the last day of each month. Invoices are made available to the Merchant by the 15th day of the month following the invoiced month.
7.Invoices are sent to the Merchant electronically via the Creator's Panel, in the "Payouts" section. The Creator agrees to receive invoices and their corrections in electronic form.
8.The Creator is entitled to one free withdrawal of funds per calendar month; each additional withdrawal in the same month incurs a fee, payable at the time of the withdrawal request, in accordance with the TOiP.
9.If the Supporter decides to donate to the Company, the Company's remuneration also includes the amount of Support provided by the Supporter to the Company.
§ 11. Violations of the Regulations
1.In the event of a violation of the law or the Regulations by the Creator, Coffee Media may: a) Send a warning to the Creator, demanding that they cease the activities that violate the law or the Regulations; b) Restrict all or selected functionalities of the Account; c) Temporarily block the Account; d) Delete the Account from the Service.
2.The provisions of section 1 above also apply if the Company identifies that the content shared by the Creator on the Service is illegal or violates the law or good customs.
3.Coffee Media will inform the Creator of warnings, restrictions, account blocking, or deletion via an email sent to the address provided during registration.
4.In the case described in § 11 (1), the User has the right to file a complaint under the procedure outlined in § 12 of the Regulations.
5.Account deletion, as mentioned above, is equivalent to the termination of the Service Agreement with the User. The Company shall immediately process the payout of the funds obtained by the Creator, according to the Payment Services Regulations for the Merchant.
6.Coffee Media may refuse to provide services and delete an Account if it was re-created after the Company had previously terminated the Agreement or deleted the Account due to legal violations or breaches of the Regulations.
##§ 12. Complaints
1.The provisions of this § 12 apply only to Users who are Consumers or Entrepreneurs with Consumer Rights.
2.Complaints about Service malfunctions or other issues can be submitted: a) In writing – in person at the Company's headquarters or by mail to: Coffee Media Sp. z o.o., ul. Akacjowa 4/A105, 62-002 Suchy Las; b) Orally – by phone, after scheduling a call using a form provided by the Company; c) Electronically via email to: info@buycoffee.to.
3.The Service provided to the User must comply with the Account Service Agreement throughout its duration.
4.The Company is liable for Non-Compliance revealed during the delivery of the Account Service.
5.If Non-Compliance is identified, the User may submit a complaint requesting that the Account Service be brought into compliance with the Agreement.
6.The complaint should include: a) The User's name and surname; b) Email address; c) Description of the Non-Compliance; d) Request to bring the Account Service into compliance with the Agreement.
7.The Company may refuse to bring the Service into compliance if it is impossible or would require disproportionate costs.
8.After reviewing the complaint, the Company will respond by: a) Accepting the complaint and indicating the timeline for compliance; b) Refusing compliance due to reasons outlined in section 7; c) Rejecting the complaint as unfounded.
9.The Company will respond to the complaint via email within 14 (fourteen) days of receiving it.
10.If the complaint is accepted, the Company will, at its own expense, bring the Service into compliance within a reasonable time without significant inconvenience to the User, considering the nature and purpose of the Service. The expected compliance date will be stated in the complaint response.
11.The User may declare withdrawal from the Service Agreement if: a) Compliance is impossible or entails disproportionate costs; b) The Company fails to bring the Service into compliance as per section 10; c) Non-Compliance persists despite the Company's attempts; d) The Non-Compliance is significant enough to justify immediate withdrawal; e) The Company's response or circumstances make it clear that compliance will not be achieved timely or without significant inconvenience.
12.A withdrawal declaration may be submitted via email to: info@buycoffee.to.
13.The withdrawal declaration should include: a) The User's name and surname; b) Email address; c) Service delivery date; d) Description of the Non-Compliance; e) Reason for withdrawal, chosen from those in section 11; f) Statement of withdrawal from the Service Agreement.
14.Upon withdrawal, the Company will delete the Account immediately. Consumers can use out-of-court complaint and claim procedures. Details are available at consumer advocate offices and on consumer protection organization websites. More information can be found at: http://www.uokik.gov.pl.
15.Consumers may also: a) Approach a permanent consumer arbitration court as per Article 37 of the Act of December 15, 2000, on Trade Inspection, for electronic service disputes; b) Request mediation from a provincial Trade Inspection authority; c) Obtain free assistance from consumer advocates or organizations.
§ 13. Duration of the Agreement
1.The Agreement with the Creator is concluded for an indefinite period.
2.Coffee Media may terminate the Agreement for important reasons at any time or without cause with one month’s notice. The User may terminate the Agreement at any time with one month’s notice, effective at the end of the month. Coffee Media may agree to shorten the notice period at the User's request.
3.The Creator must settle their Account, i.e., withdraw the accumulated Support funds before the Agreement's termination.
4.After the notice period, the Agreement is terminated, and the User's Account and Materials are deleted from the Service.
5.Termination must be submitted via email to info@buycoffee.to, including the User’s identification details.
6.Coffee Media may terminate the Agreement if the Creator’s Account is inactive for 12 consecutive months. After two notifications, the Company may terminate the Agreement with one month’s notice, requiring the Creator to settle the Account.
7.If the Creator logs in within the notice period, the termination will be withdrawn.
8.Coffee Media may immediately terminate the Agreement if the User violates laws or the Regulations. The parties must settle the Account if necessary. The Company reserves the right to discontinue the Service or transfer ownership at any time, notifying Users via email and posting on the Service.
9.Upon discontinuation, all Agreements are terminated. In case of the Creator's death, funds will be transferred to a verified bank account of the heir, upon presentation of documentation.
§ 14. Verification of Materials by the Company
1.Posting illegal content as defined by the DSA or content non-compliant with the Regulations or Community Rules is prohibited. The Company may verify Materials at any time for compliance with the DSA, Regulations, or Community Rules.
2.Verification is conducted impartially, objectively, and diligently. The Company may use automated systems and inform Users of the algorithms' workings.
3.If non-compliance is found, the Company may remove the Material and notify the User, providing reasons.
4.The User may appeal. The rules for appeals are outlined in § 12.
§ 15. Liability
1.Except as stated in § 14 and applicable laws, the Company is not responsible for information presented by Creators in the Service. Monitoring and verifying content provided or stored by Creators is not obligatory.
2.The Company is not liable for Materials if: a) It has no knowledge of illegal activities or content and, in terms of damages, is unaware of facts indicating illegality; or b) It takes immediate action to remove or disable access to illegal content once aware.
3.The Company is not responsible for the Payment Operator’s activities related to Support transactions. The Payment Operator handles payment execution.
4.Supporters should file complaints about payment transactions directly with the Payment Operator. The Company will assist in resolving complaints. The Company’s liability to the Creator for payment services is specified separately.
5.Donation Agreements are solely between Supporters and Creators. The parties are responsible for fulfilling obligations, including transferring and properly using Donations. The Company does not monitor Agreement performance.
6.Coffee Media is not liable for the actions, decisions, or content of Users, including registration data, Materials, or messages sent by Users. Tax obligations from Donations are the responsibility of the parties involved. The Company is not liable for fulfilling tax duties.
§ 16. Personal Data
Information required under data protection laws related to using the Service is provided in the Privacy Policy at https://buycoffee.to/privacy-policy.
§ 17. Changes to the Account Service
1.The Company may change the Account Service if: 1.Adapting to new devices or software used by Users; 2.Improving the Service by adding or modifying features; 3.Legal obligations necessitate changes.
2.Changes cannot impose any costs on the User.
3.Users are notified of changes via a message in their Account and by email.
4.If changes negatively impact the Account Service, Users will be informed about: 1.The change details and date; 2.The right to terminate the Agreement within 30 days.
5.Notifications are sent at least 7 days before changes take effect.
6.Users may terminate the Agreement immediately by emailing info@buycoffee.to.
§ 18. Changes to the Regulations
1.The Company may amend the Regulations if: a) New laws or changes to existing ones affect the services; b) Expanding, modifying, or limiting services, or introducing new ones; c) Court rulings or administrative decisions require changes; d) Editorial changes are needed.
2.Users are notified of changes by email, which take effect no sooner than 14 days after notification.
§ 19. Final Provisions
The Regulations are available for download at https://www.buycoffee.to/rules/service.
Communication costs depend on your provider's rates.
Polish law governs the rights and obligations related to the Service.
Unresolved disputes are handled by the competent local and subject-matter court.
- If any provision is invalid or unenforceable, the remaining provisions remain effective.