These Terms govern the provision of services by FLIXEL spółka z ograniczoną odpowiedzialnością, ul. Mglista 19A, 43-300 Bielsko-Biała, NIP: PL5472257832, REGON: 543815339, registered in the District Court for Bielsko-Biała, VIII Commercial Division of the National Court Register under entry No. KRS 0001219640, share capital 5,000 PLN, represented by Emilia Rduch, the CEO (“SERVICE PROVIDER”), to the business customer identified at checkout (“CLIENT”).
By ticking the acceptance box and completing an order through SERVICE PROVIDER’s checkout, CLIENT accepts these Terms, which together with the Order form a binding agreement between the Parties (the “Agreement”). CLIENT’s company name, address, company registration number and tax identification number are those provided by CLIENT at checkout. The individual accepting these Terms represents that they are authorised to enter into this Agreement on behalf of CLIENT.
The Service is offered to businesses only and is not offered to consumers.
SERVICE PROVIDER and CLIENT may hereinafter be referred to jointly as the Parties.
1.1 CLIENT commissions SERVICE PROVIDER to deliver the following services (the Service(s)):
- video production and/or editing,
- content production and/or editing,
- on-platform SEO, publishing, optimisation and/or performance tracking.
1.2 CLIENT shall provide the input materials requested by SERVICE PROVIDER for the production method selected, and shall review and approve the deliverables submitted to CLIENT for approval. SERVICE PROVIDER will not publish deliverables that CLIENT has not approved.
2.1 The Service is delivered as a recurring monthly membership. The specific scope and pricing are defined in Appendix No 2.
2.2 All fees are paid upfront at the start of each billing cycle via the payment methods specified in Appendix No 2. Service will only commence or continue once the payment for the current cycle has been successfully processed.
2.3 By providing a payment method, CLIENT authorises SERVICE PROVIDER to automatically charge the recurring fee on each monthly renewal date until the subscription is paused or cancelled.
2.4 All payments are non-refundable. As SERVICE PROVIDER reserves production capacity, deliverables not used within a billing cycle expire at the end of that cycle and do not roll over.
2.5 Each party shall bear the taxes imposed in its respective country. For CLIENTS outside of Poland, SERVICE PROVIDER will not charge Polish VAT. For EU-based business CLIENTS, the Reverse Charge mechanism applies where the conditions for it are met. For CLIENTS outside the EU, the transaction is treated as an Export of Services.
3.1 With reservations expressed hereinbelow, if SERVICE PROVIDER creates any deliverables protected by copyrights, CLIENT shall have sole, perpetual and exclusive property of such deliverables delivered, accepted, and paid for under this Agreement, subject to the reservations below.
3.2 CLIENT warrants that they hold all necessary legal titles to the materials they submit for processing and/or approve when delivered, and CLIENT grants SERVICE PROVIDER a non-exclusive, royalty-free licence to use, process, and modify the provided materials to the extent necessary to execute this Agreement.
3.3 CLIENT permits SERVICE PROVIDER to feature their Service contributions and to use CLIENT’s name, logo(s), testimonials, and sample videos in SERVICE PROVIDER’s marketing materials and channels.
3.4 SERVICE PROVIDER may use Open Source solutions, which CLIENT shall use under their respective licences.
3.5 SERVICE PROVIDER may use Commercially Licensed solutions to deliver the Service and/or create deliverables, provided the licences permit such use. If need be, CLIENT shall hold or be granted appropriate licences from the rights holders. Any licensing costs to be borne by CLIENT require their prior approval.
4.1 SERVICE PROVIDER agrees that any information or documentation received from CLIENT during the execution of this Agreement, which concerns the personal, financial or other affairs of CLIENT (“Confidential Information”), will be treated by SERVICE PROVIDER in full confidence and will not be disclosed to any third party.
4.2 Upon request of CLIENT, SERVICE PROVIDER shall promptly return or destroy the originals or copies of all documents containing Confidential Information then in the possession or control of SERVICE PROVIDER (including all electronically stored copies).
4.3 The confidentiality obligation shall not apply to information that is required to be disclosed by mandatory provisions of law, in particular at the request of authorised state administration bodies, including tax authorities during a tax or customs audit.
5.1 Since the Service is a recurring membership, CLIENT may terminate the collaboration at any time by cancelling their subscription via SERVICE PROVIDER’s billing portal, or by written notice sent by email to contact@flixel.co.
5.2 Termination becomes effective at the end of the current paid billing cycle. No further charges will be made after the cancellation date, but no pro-rated refunds will be issued for the remaining days in the cycle.
5.3 Termination does not affect CLIENT’s rights to Intellectual Property for work already paid for (as per Section 3), nor does it waive SERVICE PROVIDER’s right to payment for any outstanding or failed transactions.
5.4 SERVICE PROVIDER reserves the right to terminate the collaboration immediately if CLIENT fails to provide necessary materials for production for one consecutive month, or fails to settle any outstanding balances.
6.1 With the reservation in 6.2 below, this Agreement is governed by the laws of Poland. The Parties submit to the exclusive jurisdiction of the courts competent for the registered office of the SERVICE PROVIDER.
6.2 The Intellectual Property and copyright transfer under Section 3 is governed by the laws of Canada.
6.3 If any provision is invalid or unenforceable, it shall be omitted, and the Parties shall replace it with a valid provision reflecting the Agreement’s intent.
6.4 The price and scope agreed with an individual CLIENT, as set out in Appendix No 2, may be changed only by agreement of both Parties in documentary form, which includes email, otherwise being null and void.
6.5 SERVICE PROVIDER may amend the remaining provisions of this Agreement. CLIENT will be notified by email at least 14 days before the change takes effect. Changes take effect at the start of CLIENT’s next billing cycle after the notice period. If CLIENT does not accept a change, CLIENT may cancel before that date. Continuing the subscription after the change takes effect constitutes acceptance.
1. Anti-Money Laundering (AML) & Sanctions Compliance. CLIENT represents that it and its beneficial owners have not been placed on any international Sanction Lists (including UN Resolutions 1267/1989/2253 and 1988) or EU lists of financially sanctioned entities. CLIENT warrants it is not subject to any economic sanctions, trade embargoes, or prohibited transaction measures under applicable laws. The individual acting for CLIENT confirms this status has been verified and is compliant with all relevant AML laws as of the date of this Agreement.
2. Non-Cooperation with Russian and Belarusian Entities. Due to the conflict between Russia and Ukraine, CLIENT confirms compliance with all applicable sanctions against Russia and Belarus. CLIENT declares it does not, and will not, cooperate with any entity subject to these sanctions. Neither CLIENT, its directors, nor its beneficial owners are currently under any such sanctions.
3. Declaration Regarding Tax Havens. CLIENT confirms its registered office is not located in any “non-cooperative jurisdiction for tax purposes” (tax haven), as defined by the European Parliament, the Council (including Directive EU 2015/849), and the EU list of non-cooperative jurisdictions.
4. Notification of Change. This declaration remains valid indefinitely. In the event of any changes to this status, CLIENT undertakes to inform SERVICE PROVIDER immediately via email (to: contact@flixel.co) no later than within 5 business days of the change.
5. This Statement is accepted by CLIENT upon acceptance of these Terms and shall be effective as of the effective date of the Agreement to which it is attached as an Annex.
The Plan, Price, currency, billing cycle and the deliverables included are those shown at checkout and recorded in SERVICE PROVIDER’s billing system. Together these constitute the Order and form part of this Agreement.
CLIENT provides the input materials and approvals requested by SERVICE PROVIDER for each cycle, and grants SERVICE PROVIDER the access needed to publish and track the deliverables. The channel and all accounts remain CLIENT’s property, and access is revoked on termination. If the requested materials or approvals are not provided within a cycle, the fee remains due and the deliverables for that cycle expire.
Organic video performance compounds over time and depends on factors outside SERVICE PROVIDER’s control. No specific views, subscribers, leads or revenue are guaranteed.
CLIENT may cancel at any time, effective before the next billing date. By finalising the order via Stripe, CLIENT authorises SERVICE PROVIDER to save the payment method and charge the Order Price monthly until paused or cancelled. CLIENT accepts the Privacy Policy at https://flixel.co/privacy.