TERMS OF USE
Dzelka Portal (dzelka.pl and dzelka.com)
Effective date: 7 January 2026
Last update: 7 January 2026
Version: 1.0
These Terms of Use (“Terms”) govern access to and use of the Dzelka portal available under the domains dzelka.pl and dzelka.com, including any subdomains, web interfaces, mobile versions, applications (if any), APIs, and related functionalities (collectively, the “Portal” or “Platform”).
1. Parties and Legal Information
1.1. Platform Operator (Dzelka):
Legal name: [●]
Legal form: [●]
Registered address: [●]
Registration number (KRS/CEIDG or equivalent): [●]
NIP/VAT (if applicable): [●]
REGON (if applicable): [●]
Contact e-mail: [●]
Contact phone (optional): [●]
1.2. DSA Contact Points (Digital Services Act):
(a) For EU Member State authorities, the European Commission, and the European Board for Digital Services: [●]
(b) Notice & Action (Illegal Content) submissions: [●]
Communication languages: Polish (PL) and English (EN).
1.3. User means any natural or legal person who accesses or uses the Portal, including visitors, registered users, and business users.
2. Acceptance of the Terms
2.1. By accessing or using the Portal, the User confirms that they have read, understood, and accepted these Terms.
2.2. If the User does not accept these Terms, they must immediately stop using the Portal.
2.3. The Operator may amend these Terms. Amendments become effective upon publication on the Portal, unless stated otherwise. Continued use of the Portal constitutes acceptance of the amended Terms.
3. Definitions
3.1. Content means any data or materials posted, uploaded, submitted, generated, transmitted, or otherwise made available on the Portal, including without limitation: text, descriptions, photos, videos, logos, price lists, contact details, location data, tags, categories, metadata, reviews, ratings, comments, messages, files, links, and any derivatives, compilations, or aggregated outputs.
3.2. Account means a User account on the Portal.
3.3. Business User / Company means a User who publishes Content for commercial or professional purposes (including services, events, vacancies, offers, listings, advertisements, promotions, and similar items).
3.4. Service / Event / Listing means content items created by Users and made publicly accessible on the Portal.
3.5. Paid Features means subscriptions, plans, limits, promotional placements, advertising products, commissions, and any other paid options (if available).
4. Nature of the Portal: Intermediary Infrastructure, Not a Party to Transactions
4.1. The Portal is an informational and technological platform. The Operator:
(a) is not a party to any contracts or legal relationships between Users;
(b) does not provide the services listed on the Portal;
(c) does not guarantee quality, timing, price, safety, legality, or results of any services, events, or transactions between Users.
4.2. All relationships between Users (including ordering, booking, payment, refunds, complaints, guarantees, and disputes) are conducted directly between Users, unless the Portal explicitly provides a separate regulated payment/escrow/guarantee service under distinct terms.
4.3. The Portal may provide communication tools (e.g., chat, inquiry forms, booking forms). Such tools do not create agency, representation, employment, or partnership relationships between the Operator and any User.
5. Registration, Account, and Verification
5.1. Certain Portal features require registration.
5.2. The User must provide accurate and up-to-date information and maintain its accuracy.
5.3. Anonymous publishing is not permitted. The Operator may request verification, including:
(a) identity documents;
(b) business registration data (KRS/CEIDG/VAT/NIP or equivalents);
(c) licenses or permits for regulated activities;
(d) phone number and/or e-mail verification.
5.4. The Operator may:
(a) limit functionality until verification is completed;
(b) suspend an Account where a violation is suspected;
(c) refuse registration or access where permitted by law.
5.5. The User is responsible for safeguarding their Account credentials. Actions taken through an Account are deemed performed by the User unless the User promptly notifies the Operator of unauthorized access.
6. Public Availability of Business Content and Responsibility of Companies
6.1. By creating a business profile and publishing services, events, or other business-related Content, the Company confirms that it voluntarily makes such information publicly available, including (without limitation):
(a) business name/brand;
(b) descriptions;
(c) contact details;
(d) address/location(s);
(e) working hours;
(f) pricing (if provided);
(g) images/videos;
(h) links;
(i) reviews/ratings.
6.2. The Company acknowledges that Content may be:
(a) indexed by search engines (e.g., Google and others);
(b) displayed in cached versions, previews, snippets, or archives;
(c) reproduced, referenced, or formatted by the Portal for functionality, integrations, marketing, and SEO.
6.3. The Company bears full responsibility for:
(a) the accuracy and legality of published Content;
(b) holding required licenses, permits, and authorizations;
(c) compliance with consumer law (where applicable);
(d) compliance with advertising law and disclosures;
(e) compliance with tax and accounting obligations applicable to its activity.
6.4. The Operator is not obligated to verify licenses or authorizations. Any verification performed by the Operator is discretionary and does not create an ongoing duty to verify.
7. User Content: Warranties and License to the Operator
7.1. User Warranties
By posting any Content, the User represents and warrants that:
(a) the User holds all rights necessary to submit the Content (including copyright, neighboring rights, trademark permissions, and any third-party permissions);
(b) the Content does not infringe any law, third-party rights, confidentiality obligations, or contractual restrictions;
(c) the Content is not misleading, unlawful advertising, or deceptive;
(d) publication of the Content on the Portal does not violate any agreement with a third party.
7.2. License Grant
7.2.1. By submitting or publishing Content, the User grants the Operator a non-exclusive, royalty-free, worldwide, transferable (including the right to sublicense) license for the term of applicable rights (or the maximum term permitted by law) to:
(a) host, store, copy, reproduce;
(b) adapt, edit, format, and arrange;
(c) translate and localize (including machine/AI-assisted translation);
(d) publish, distribute, and publicly display or otherwise make available;
(e) create derivative works necessary for the Portal’s operation (including previews, teasers, listings, compilations, and category pages);
(f) index and process for SEO and search;
(g) use in the Operator’s marketing and promotional materials (including social media, newsletters, presentations, partner promotions);
(h) perform technical processing (including caching, CDN distribution, image resizing, video transcoding);
(i) use for development, testing, evaluation, and improvement of algorithms and AI systems to the extent permitted by law and as further described in the Privacy Policy.
7.2.2. The license applies to any media and formats now known or later developed.
7.2.3. The User acknowledges and agrees that the Operator may:
(a) publish the Content across language versions of the Portal;
(b) display the Content in search results, rankings, recommendations, “similar” blocks, “popular” blocks, “near you” blocks, and similar functionality;
(c) combine Content with other Portal data such as categories, cities, tags, and structured attributes.
7.2.4. Deleting an Account or removing Content does not affect:
(a) prior lawful uses already made by the Operator;
(b) retention in backups, logs, and archives for limited periods and legitimate purposes;
(c) aggregated and/or anonymized data derived from the Content.
8. AI Features, Translations, and “Pan Husar” (If Available)
8.1. The Portal may offer AI-powered tools (including translations, suggestions, description generation, and informational guidance).
8.2. AI outputs may be incomplete or inaccurate. AI outputs do not constitute professional legal, medical, financial, or tax advice.
8.3. The User remains solely responsible for:
(a) final published texts and descriptions;
(b) correctness of translations and terminology;
(c) compliance of Content with law, licensing requirements, and third-party rights.
8.4. The Operator may improve AI tools and algorithms and may use aggregated and/or anonymized data for quality and safety purposes as permitted by law and described in the Privacy Policy.
9. Messaging and Communications
9.1. The Portal may provide messaging, chat, or inquiry tools. Users must comply with these Terms and applicable laws in communications.
9.2. The Operator is not obligated to monitor private communications, but may implement anti-spam, anti-fraud, and safety measures, and may disclose information where required by law or lawful authority requests.
10. Paid Features, Subscriptions, Advertising, and Promotions
10.1. The Portal may offer Paid Features, including subscriptions, paid limits, promotions, advertising placements, and customization options.
10.2. Pricing and detailed commercial terms may be provided separately (e.g., on a pricing page, commercial offer, or specific service rules). Such terms form part of these Terms by reference.
10.3. The Operator may modify features, limits, and pricing in accordance with applicable law and publication/notice practices used on the Portal.
10.4. Business Users may be subject to invoicing and B2B settlement practices depending on the Operator’s billing model.
11. Advertising and Commercial Content (Transparency)
11.1. The Portal may display advertisements and sponsored/commercial content.
11.2. Advertisements may be contextual or targeted, subject to applicable law and the User’s consent settings where required.
11.3. The Operator may label and place advertisements and sponsored content at its discretion.
11.4. Advertisers and Business Users bear responsibility for the legality of their advertisements and compliance with applicable Polish and EU advertising rules.
12. Ranking and Recommendation Systems
12.1. The Portal may use ranking and recommendation mechanisms that can consider factors such as:
(a) relevance to the query;
(b) category, city, and distance/location;
(c) profile completeness;
(d) ratings and reviews;
(e) responsiveness and activity;
(f) paid promotion status;
(g) content quality and moderation signals;
(h) User interaction history.
12.2. The Operator may modify ranking and recommendation parameters at any time.
13. Prohibited Content and Prohibited Conduct
Users must not publish, transmit, promote, or otherwise make available Content that:
13.1. Violates Polish or EU law, including fraud, deception, unlawful services, prohibited goods, document forgery, piracy, sanctions violations, or other illegal conduct.
13.2. Offers regulated/licensed services without required authorizations (e.g., medical, legal, financial, security, transport, and other regulated professions) where the User lacks the required permissions.
13.3. Includes hate speech, discrimination, threats, harassment, incitement to violence, child sexual exploitation material, exploitation, or instructions facilitating criminal wrongdoing.
13.4. Infringes third-party rights, including copyrights, trademarks, privacy rights, or personal data rights of third parties without a lawful basis.
13.5. Engages in spam, manipulation, or fraud, including fake accounts, fake reviews, rating manipulation, or bulk unsolicited messaging.
13.6. Impersonates another person or organization.
The Operator may remove such Content and restrict or terminate Accounts.
14. Moderation, Removal, and Irreversibility
14.1. The Operator may apply moderation, including pre-moderation, post-moderation, and automated filtering.
14.2. The Operator may:
(a) remove Content in whole or in part;
(b) limit visibility;
(c) adjust categorization/tags/formatting for display and structure;
(d) suspend or terminate Accounts.
14.3. Removal may be irreversible. The Operator is not obligated to restore removed Content.
15. Notice & Action Procedure (Illegal Content)
15.1. Any person may submit a notice of allegedly illegal content via:
E-mail: [●]
Form: [●]
15.2. A notice should include:
(a) the precise URL or location of the Content;
(b) reasons why the Content is illegal;
(c) supporting information/evidence (if available);
(d) contact details of the notifier.
15.3. The Operator will assess notices within a reasonable time and may:
(a) remove or disable access to Content;
(b) request additional information;
(c) reject the notice if insufficiently substantiated.
15.4. The Operator may inform the Content provider about actions taken, unless prohibited by law.
16. Complaints About Moderation Decisions
16.1. Users may submit a complaint about a moderation decision within 14 days from receiving notice of the decision, via: [●]
16.2. A complaint should include:
(a) account identifier;
(b) Content/URL and decision details;
(c) arguments and supporting evidence.
16.3. The Operator may uphold, amend, or reverse the decision.
17. Trader/Business Verification (Where Applicable)
17.1. Where the Portal enables Business Users to offer goods/services to consumers, the Operator may require Business Users to provide:
(a) registration and identification details;
(b) contact details;
(c) business status confirmation (KRS/CEIDG/NIP/VAT or equivalents);
(d) other information required by applicable law.
17.2. Business Users must keep such information accurate and up to date.
17.3. The Operator may restrict features or suspend Accounts for refusal to provide required information or for providing false information.
18. Personal Data, Cookies, and Analytics
18.1. Personal data processing is governed by the Privacy Policy and Cookie Policy, which form part of these Terms by reference.
18.2. The Operator acts as a controller of personal data processed for Portal operation purposes.
18.3. The Operator may process data on lawful bases under GDPR, including performance of contract, legitimate interests (security, fraud prevention, service improvement), consent (where required), and legal obligations.
18.4. The Operator may maintain logs and perform analytics, segmentation, and statistical reporting, including aggregated and anonymized reporting.
18.5. The Operator may share data with processors (service providers) for hosting, analytics, messaging, payments, security, and support, subject to GDPR-compliant agreements.
18.6. International transfers outside the EEA may occur under lawful transfer mechanisms (e.g., SCCs) as described in the Privacy Policy.
19. Intellectual Property of the Portal
19.1. The Portal, including its code, design, structure, database, categorizations, algorithms, interface texts, and branding, is owned by or licensed to the Operator.
19.2. Users must not copy, resell, extract, or commercially scrape the Portal’s database or content structure without the Operator’s prior written permission.
19.3. Search engine indexing is permitted in accordance with standard technical mechanisms (e.g., robots.txt).
20. Availability, Changes, and Service Discontinuation
20.1. The Operator does not guarantee uninterrupted availability. Maintenance, updates, and outages may occur.
20.2. The Operator may change, add, limit, or discontinue features, including beta features, without guarantees.
21. Limitation of Liability
21.1. To the maximum extent permitted by law, the Operator is not liable for:
(a) User actions or omissions;
(b) legality, quality, or performance of services/events;
(c) disputes and outcomes of transactions between Users;
(d) indirect, incidental, consequential damages or lost profits.
21.2. Where liability is established, the Operator’s total liability is limited to the greater of:
(a) amounts paid by the User to the Operator during the last 3 months, or
(b) PLN 100 if no payments were made, subject to mandatory consumer protection rules where applicable.
21.3. Nothing in these Terms limits liability that cannot be limited under applicable law.
22. Indemnification
22.1. The User agrees to indemnify and hold harmless the Operator from and against any claims, damages, losses, liabilities, penalties, and costs (including reasonable legal fees) arising out of or related to:
(a) breach of these Terms;
(b) illegal or infringing Content;
(c) violation of third-party rights;
(d) lack of required licenses/permits;
(e) false, misleading, or unlawful information provided by the User.
23. Account Termination and Data Retention
23.1. Users may request Account deletion via settings (if available) or by contacting support: [●].
23.2. The Operator may retain data as necessary for compliance with law, protection of rights, security, accounting/tax purposes, and limited backup/log retention.
23.3. The Operator may suspend or terminate Accounts for violations without compensation, to the extent permitted by law.
24. Governing Law and Jurisdiction
24.1. These Terms are governed by the laws of Poland and applicable EU law.
24.2. Mandatory consumer protection provisions remain unaffected for Users acting as consumers.
24.3. For B2B disputes, courts competent for the Operator’s registered seat shall have jurisdiction, where permitted by law.
25. Language Versions and Priority
25.1. These Terms may be provided in multiple languages.
25.2. In case of discrepancies, the Polish (PL) version shall prevail.
APPENDIX 1. Rules for Publishing Companies and Services (B2B)
-
A Company must provide accurate information, including:
(a) official business name and contact details;
(b) city/location(s) of operation;
(c) truthful descriptions of services and terms;
(d) pricing and key conditions where applicable. -
A Company must comply with applicable law, including:
(a) consumer protection rules (if offering services to consumers);
(b) complaint/return and warranty rules applicable to its activity;
(c) licensing and regulatory obligations relevant to its profession. -
The Operator may:
(a) modify profile structure and mandatory fields;
(b) require additional confirmations;
(c) limit visibility or functionality pending compliance or verification.