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Elfindo Terms of Service

Version effective from: 18 September 2026

This translation is provided for convenience. In the event of any discrepancy, the Polish version of this document prevails.

These Terms set out the rules for using the Elfindo website, placing orders, delivering personalised digital content and using services provided by electronic means.

1. Service Provider and Seller details

  1. The website available at elfindo.com is operated by:

    Wirebase Sp. z o.o.
    Aleja Jana Pawła II 27
    00-867 Warsaw, Poland
    KRS: 0000868493
    NIP: 5272940820
    REGON: 387522572
    share capital: PLN 5,000
    e-mail: [email protected]

  2. Wirebase Sp. z o.o. is hereinafter referred to as the “Seller”, the “Service Provider” or the “Controller”, depending on the context.
  3. The Seller may be contacted in particular by e-mail at [email protected].

2. Definitions

For the purposes of these Terms, the following terms have the meanings set out below:

  1. Service – the Elfindo website available at elfindo.com.
  2. Customer – a natural person, legal person or organisational unit using the Service or entering into a contract with the Seller.
  3. Consumer – a natural person performing a legal transaction with the Seller that is not directly related to that person's business or professional activity.
  4. Entrepreneur with consumer rights – a natural person entering into a contract directly related to that person's business activity where it follows from the content of the contract that it is not of a professional nature for that person, to the extent that the applicable law grants such a person consumer protection.
  5. Product – personalised digital content offered through the Service, in particular an audio story, audiobook, ebook or another digital form of an Elfindo story, as described in the specific offer.
  6. Digital Content – data produced and supplied in digital form.
  7. Personalisation – the adaptation of the Product to information provided by the Customer, concerning in particular the child, their interests, dreams, loved ones, pets, surroundings or other elements indicated in the form.
  8. Personalisation Form – the form made available in the Service to collect the information needed to prepare the Product.
  9. Order – a declaration by the Customer aimed at concluding a contract for the supply of the Product.
  10. Newsletter – a free service consisting of sending messages about Elfindo, launches, offers, new stories, editorial content or promotions, provided that the Customer has given the required consent.
  11. Terms – this document.

3. Nature of Elfindo

  1. Elfindo is a service intended primarily for parents, guardians and other adults ordering a personalised story for a child or children.
  2. The Product may use information provided by the Customer so that elements of the story world, plot, dialogue or audio layer refer to the child and their surroundings.
  3. The exact scope of the Product, the number of parts, duration, language, method of delivery, access period, publication schedule and price are indicated in the offer description before the Order is placed.
  4. If a given offer takes the form of an Advent story, individual parts may be made available according to the schedule indicated in the offer, in particular from 1 to 24 December.
  5. Advertising materials, sample excerpts and illustrations are for information purposes only. The binding characteristics of a specific Product follow from the offer description and the Order confirmation.

4. Services provided by electronic means

  1. Through the Service, the Service Provider may provide in particular the following services by electronic means:
    • displaying the content of the Service,
    • enabling the offer to be browsed,
    • making the Personalisation Form available,
    • handling the Order placement process,
    • making Digital Content or access to it available,
    • handling contact forms,
    • sending the Newsletter,
    • maintaining a customer account or panel, if such a feature is made available.
  2. A contract for the free service consisting of the use of the publicly available features of the Service is concluded when use of a given feature begins and ends when use of that feature ceases.
  3. The Newsletter contract is concluded upon successful sign-up and receipt of the required consent. The user may cancel it at any time, in particular by using the unsubscribe link included in the message or by contacting [email protected].
  4. If the Service offers a customer account, the Customer may stop using the account in accordance with the functionality of the Service or by contacting the Seller. Deleting the account does not affect the obligation to retain data that the Seller must keep under the law or in connection with pursuing and defending claims.

5. Technical requirements

  1. To use the Service, the following are required:
    • a device with Internet access,
    • an up-to-date web browser supporting standard web technologies,
    • an active e-mail address when placing an Order, making contact or signing up for the Newsletter,
    • the ability to play audio in the case of audio Products.
  2. For selected features of the Service to work properly, it may be necessary to enable JavaScript and essential cookies.
  3. The Customer should use up-to-date software and device security measures.
  4. The Service Provider may carry out technical or maintenance work. Where possible, work causing significant unavailability will be scheduled so as to limit inconvenience to users.

6. Rules for using the Service

  1. The Customer is obliged to use the Service in accordance with the law, these Terms and good practice.
  2. In particular, the following are prohibited:
    • providing unlawful content,
    • infringing the rights of third parties,
    • attempting to gain unauthorised access to the Service or its infrastructure,
    • disrupting the operation of the Service,
    • using the Service to distribute malicious software,
    • automated harvesting of data from the Service in a manner that infringes the law or the rights of the Seller.
  3. The Customer is responsible for the truthfulness and accuracy of the information provided when placing an Order, to the extent that such information is needed for the proper performance of the contract.

7. Data provided for Personalisation

  1. The Customer should provide only the information needed to create the story.
  2. The form may cover in particular information such as:
    • the child's first name,
    • age or age range,
    • the grammatical form needed to prepare the text correctly,
    • interests and favourite activities,
    • Christmas wishes,
    • information about pets or favourite objects,
    • the first names or roles of loved ones,
    • general information about the place of residence or surroundings,
    • other information voluntarily provided in the form fields.
  3. Information that is unnecessary for creating the story should not be provided, in particular:
    • the child's full home address,
    • the child's surname, unless required,
    • the full date of birth,
    • the name of the school or nursery,
    • identity document details,
    • passwords,
    • data concerning health, religion or other special categories of data, unless expressly required and an appropriate legal basis for processing them exists.
  4. By providing data concerning a child, the Customer declares that they are entitled to provide such data for the purpose of fulfilling the Order, in particular as a parent, guardian or person acting with the consent of an entitled person.
  5. If the Customer provides data of other adults, they should keep such data to a minimum and be entitled to provide it. Where necessary, the Customer should inform those persons of the data processing rules described in the Privacy Policy.
  6. The Seller may request the correction or removal of information that is manifestly unnecessary, unlawful or inappropriate, or whose processing would involve a disproportionate risk to privacy.
  7. Incorrect, incomplete or ambiguous data provided by the Customer may affect the result of Personalisation.

8. Automated creation and Personalisation of content

  1. In the process of creating the Product, the Seller may use tools that automate the preparation of text, audio or other elements of the Digital Content, including generative tools.
  2. These tools are used to fulfil the Order and do not alter the Seller's responsibility for the conformity of the Product with the contract.
  3. Personalisation is intended to use the information provided by the Customer in a way that is natural for the story; however, it does not entail an obligation to include every piece of information provided in the final Product.
  4. In the event of a manifest Personalisation error, in particular an incorrect name, an incorrect linguistic form or the omission of a feature expressly indicated as an element of the Product, the Customer may lodge a complaint.

9. Placing Orders

  1. Information published in the Service constitutes an invitation to enter into a contract, unless expressly stated otherwise.
  2. To place an Order, the Customer:
    • selects a Product,
    • reviews its description and price,
    • provides the required data,
    • completes the Personalisation Form, if required,
    • selects an available payment method,
    • accepts these Terms and reviews the Privacy Policy,
    • confirms the Order using a button that unambiguously indicates the obligation to pay.
  3. Before placing an Order, the Customer is given the opportunity to check and correct the data.
  4. The contract is concluded upon the Seller's confirmation of acceptance of the Order, sent to the e-mail address provided, unless the description of the purchase process expressly provides for an earlier, lawful moment at which the contract is concluded.
  5. The Order confirmation contains the information required by law and is provided on a durable medium, in particular by e-mail.
  6. The Seller may refuse to fulfil an Order before the contract is concluded if:
    • the data provided makes fulfilment impossible,
    • the Order infringes the law,
    • the content provided for Personalisation infringes the rights of third parties,
    • a manifest technical error occurs that makes fulfilment impossible.
  7. In the event of a refusal after payment has been collected, the funds will be refunded without undue delay.

10. Prices and payments

  1. Prices quoted in the Service are gross prices, inclusive of taxes required by law, unless expressly stated otherwise.
  2. The total price and any additional costs are indicated to the Customer before the Order is placed.
  3. The available payment methods are indicated in each case during the Order placement process.
  4. Payments may be processed by an external payment operator. The technical conditions of a given payment method may also follow from the operator's rules.
  5. If advance payment is provided for a given Product, fulfilment may begin once the payment has been confirmed.
  6. If the Seller announces a price reduction, it also displays information on the lowest price during the period required by law, where such an obligation applies.
  7. The accounting document is issued in accordance with the applicable regulations and the data provided by the Customer.

11. Delivery of the Product

  1. The Product is delivered in the manner described in the offer, in particular:
    • by making it available in the Service,
    • via an individual link,
    • via a customer account or panel,
    • by sending a file or link by e-mail.
  2. The start and end dates of delivery and any schedule for subsequent parts are indicated before the contract is concluded.
  3. If the Product is delivered in parts, each part is made available according to the schedule described in the offer or the Order confirmation.
  4. The Customer should promptly inform the Seller if they have not received access within the expected time.
  5. The Seller supplies the Digital Content in the version, format, language, quality and scope agreed in the contract.
  6. If using the Product requires specific compatibility, interoperability or other technical requirements beyond an ordinary web browser and the ability to play audio, information about them is provided in the offer description before the contract is concluded.
  7. The access period for the Product, if limited, is clearly stated in the offer and the Order confirmation.

12. Licence and permitted use

  1. Upon the Product being made available, the Customer receives a non-exclusive, non-transferable licence to use the Product for private and family purposes, to the extent resulting from the nature of the Product.
  2. The licence covers in particular playing the Product within the household and on devices under the Customer's control, provided that the method of delivery allows this.
  3. Without the Seller's prior consent, the following in particular are prohibited:
    • making the Product publicly available on the Internet,
    • selling, sublicensing or making the Product available for a fee,
    • mass copying and distribution,
    • removing technical protection measures,
    • using the Product for commercial purposes,
    except where permitted by mandatory provisions of law.
  4. Rights to elements provided by the Customer remain with their existing holders. The Customer grants the Seller the right to use the materials and information provided solely to the extent necessary to fulfil the Order, handle complaints and comply with legal obligations.

13. Conformity of the Digital Content with the contract

  1. The Seller is liable to the Consumer and the Entrepreneur with consumer rights for the conformity of the Digital Content with the contract under the rules set out in the Polish Consumer Rights Act.
  2. The Digital Content should conform in particular to the agreed description, type, quantity, quality, functionality, compatibility, interoperability, completeness and other characteristics resulting from the contract and reasonable expectations.
  3. If the Digital Content has not been supplied, the Customer may call on the Seller to supply it. In the cases specified by statute, the Customer may withdraw from the contract without an additional request or after an appropriate time limit has expired without effect.
  4. If the Digital Content does not conform to the contract, the Consumer may demand that it be brought into conformity with the contract.
  5. The Seller may refuse to bring the Digital Content into conformity with the contract if this is impossible or would involve excessive costs within the meaning of the applicable law.
  6. The Consumer may demand a price reduction or withdraw from the contract in the cases provided for by statute, in particular where:
    • bringing the content into conformity is impossible or requires excessive costs,
    • the Seller has not brought the Digital Content into conformity within a reasonable time and without excessive inconvenience,
    • the lack of conformity persists despite an attempt to remedy it,
    • the lack of conformity is so serious that it justifies an immediate price reduction or withdrawal,
    • it is clear from the Seller's statement or the circumstances that the Seller will not bring the Digital Content into conformity within a reasonable time or without excessive inconvenience.
  7. Statutory rights are not limited by the provisions of these Terms.
  8. In the case of Digital Content supplied in a single act or in parts, the period of the Seller's liability and the rules on presumptions regarding the time at which the lack of conformity arose follow from the applicable law, in particular the Polish Consumer Rights Act.
  9. If the Digital Content is supplied continuously over a specified period, the Seller is liable for its conformity with the contract throughout the period during which it is to be supplied under the contract.

14. Complaints

  1. Complaints concerning the Service, electronic services or the Product may be submitted:
    • by e-mail to [email protected],
    • in writing to: Wirebase Sp. z o.o., Aleja Jana Pawła II 27, 00-867 Warsaw, Poland.
  2. Where possible, a complaint should include:
    • details allowing the Order to be identified,
    • a description of the problem,
    • the date on which it occurred,
    • the Customer's request, if required.
  3. The absence of any of the above elements does not deprive the Consumer of the right to lodge a complaint.
  4. The Seller responds to a Consumer's complaint within the time limit required by law, as a rule no later than 14 days from its receipt.
  5. The response is provided on paper or another durable medium, in particular by e-mail.
  6. A complaint concerning incorrect Personalisation does not limit the rights arising from the statutory liability for the conformity of the Digital Content with the contract.

15. Right of withdrawal

  1. The Consumer and, in the cases provided for by law, the Entrepreneur with consumer rights may, as a rule, withdraw from a distance contract without giving any reason within 14 days.
  2. To meet the deadline, it is sufficient to send the declaration before it expires.
  3. The declaration may be sent to [email protected] or to the address of the Seller's registered office.
  4. The Consumer may use the model form attached as an annex to these Terms, but this is not obligatory.
  5. In the case of Digital Content not supplied on a tangible medium, the right of withdrawal may expire under the rules set out in Article 38 of the Polish Consumer Rights Act, provided that all the conditions required by law are met, including in particular that:
    • performance begins with the Consumer's express and prior consent,
    • the Consumer is informed of the consequences of commencing and fully performing the service for the right of withdrawal and acknowledges this information,
    • the Seller provides the required confirmation of the conclusion of the contract on a durable medium.
  6. The mere fact that the Product is personalised does not automatically deprive the Consumer of the right of withdrawal applicable to Digital Content. The relevant provisions governing the type of contract concluded apply.
  7. If the Product is delivered in parts or over a specified period, the right of withdrawal is lost only where and to the extent that the applicable law so provides and its conditions have been met.
  8. If the Consumer effectively withdraws from the contract, the Seller makes the required refunds promptly, no later than within the time limit specified by law, using the same payment method, unless the Consumer expressly agrees to another method of refund that involves no cost to them.
  9. Detailed information on the right of withdrawal and any exclusion of that right is provided to the Consumer before the Order is placed and in the confirmation of the contract.

16. Newsletter and commercial information

  1. Signing up for the Newsletter is voluntary.
  2. Messages containing commercial information or direct marketing are sent only after the consent required by law has been obtained.
  3. Consent may be withdrawn at any time without affecting the lawfulness of actions taken before its withdrawal.
  4. Unsubscribing from the Newsletter does not affect the performance of contracts already concluded or the sending of transactional, technical or Order-related messages.

17. Intellectual property of the Service

  1. The Service, its graphic elements, texts, name, designs, illustrations, recordings, characters, fictional world, software and other materials may be protected by copyright, industrial property rights or other rights held by the Seller or its licensors.
  2. Using the Service does not mean that the Customer acquires any rights to these elements beyond the scope necessary for the ordinary use of the Service and the licence relating to the purchased Product.
  3. The Elfindo name and brand-related designations may be protected independently of copyright protection.

18. Privacy and cookies

  1. The rules for processing personal data are described in a separate Privacy and Cookies Policy.
  2. The Service may use cookies and similar technologies.
  3. Technologies necessary to provide a service requested by the user may be used without consent in the cases provided for by law.
  4. Optional technologies, in particular analytics or marketing technologies, are activated after the required consent has been obtained.
  5. The user should be able to change or withdraw consent using the cookie settings available in the Service.

19. Out-of-court dispute resolution

  1. The Consumer may use out-of-court methods of handling complaints and pursuing claims under the rules set out in the applicable law.
  2. Information on the entities authorised to conduct out-of-court consumer dispute resolution proceedings and on the rules of access to such proceedings is available in the materials of the Polish Office of Competition and Consumer Protection (UOKiK).
  3. The Consumer may also seek assistance from the competent municipal or district consumer ombudsman or a consumer organisation.
  4. The use of out-of-court methods is voluntary, unless specific provisions provide otherwise.

20. Liability

  1. The Seller is liable for non-performance or improper performance of the contract under the rules set out in the applicable law.
  2. Nothing in these Terms excludes or limits the rights of the Consumer or the Entrepreneur with consumer rights that cannot be excluded by contract.
  3. The Seller is not liable for problems resulting solely from:
    • the Customer's failure to meet the minimum technical requirements,
    • a failure of the Customer's device or connection,
    • incorrect data provided by the Customer, where the Seller had no reasonable means of verifying it,
    unless the Seller's liability arises from mandatory provisions of law.
  4. The Seller applies reasonable organisational and technical measures to ensure the security of the Service; however, using the Internet involves typical ICT security risks.

21. Customers who are not consumers

  1. Customers who are neither Consumers nor Entrepreneurs with consumer rights are subject to the provisions of civil law and these Terms.
  2. To the extent permitted by law, the Seller's liability towards such a Customer may be limited to the actual loss suffered and the value of the relevant Order, excluding lost profits.
  3. The limitation set out in paragraph 2 does not apply to the extent that such an exclusion is not permitted by law.

22. Amendments to the Terms

  1. The Seller may amend these Terms for important reasons, in particular in the event of:
    • changes in the law,
    • changes to the functionality of the Service,
    • the introduction of new services or Products,
    • changes to the payment or delivery methods,
    • the need to improve security or remove ambiguities.
  2. An amendment to the Terms does not affect acquired rights or the terms of contracts concluded before the amendment enters into force, unless the amendment results directly from the applicable law.
  3. In the case of continuous services, the user will be informed of changes with appropriate advance notice where required by law or by the nature of the service.

23. Final provisions

  1. These Terms are governed by Polish law, subject to the mandatory provisions protecting the Consumer, including the provisions of the country of the Consumer's habitual residence, where applicable.
  2. Matters not covered by these Terms are governed by the applicable law, in particular:
    • the Polish Civil Code,
    • the Polish Consumer Rights Act of 30 May 2014,
    • the Polish Act on Providing Services by Electronic Means of 18 July 2002,
    • the Polish Electronic Communications Law of 12 July 2024,
    • the personal data protection legislation.
  3. The court having jurisdiction over disputes with a Consumer is the court determined in accordance with the applicable law. This provision does not impose on the Consumer a court that would not have jurisdiction under the law.
  4. These Terms are made available free of charge in a form that allows them to be saved, reproduced and stored.

Annex 1 – Model withdrawal form

This form may be used, but it is not obligatory.

Addressee:
Wirebase Sp. z o.o.
Aleja Jana Pawła II 27
00-867 Warsaw, Poland
e-mail: [email protected]

I hereby give notice that I withdraw from the contract concerning:

Date of conclusion of the contract:

Name of the Consumer:

Address of the Consumer:

E-mail address used for the Order:

Order number, if assigned:

Date:

Signature of the Consumer – only if this form is sent on paper: