Terms of Service

1. These Terms of Service ("Terms") set out the rules for the provision of electronic services by OpenTopic Technologia Sp. z o.o. with its registered office in Bialystok (15-004), ul. Sienkiewicza 40A, Poland, entered into the National Court Register (KRS) maintained by the District Court in Bialystok, XII Commercial Division, under number: 0000647187, NIP: 9662107440, REGON: 365885932 ("Service Provider", "we", "us").
   
   
2. The Service Provider is represented by the Management Board: Tomasz Roszko (President of the Board), Anna Chmur (Board Member).
   
   
3. Contact details:
   
   
   • Legal matters: legal@ot.technology
   • Support and bug reports: support@ot.technology
   • Postal address: ul. Sienkiewicza 40A, 15-004 Bialystok, Poland
4. These Terms apply to all Users of the BreederHub platform available at breederhub.global ("Service").
   
   
5. Before using the Service, the User should read these Terms. Creating an account or using the Service constitutes acceptance of these Terms.
   
   
6. The Service Provider has not appointed a Data Protection Officer. For matters concerning personal data protection, please contact: legal@ot.technology.
   
   

1. Service - the BreederHub SaaS platform available at breederhub.global, including tools for litter management, buyer screening, and kennel presentation.
2. Service Provider - OpenTopic Technologia Sp. z o.o., details as in Section 1.
3. Breeder (Subscriber) - a professional dog breeder who maintains an active Subscription to manage their kennel via the Service.
4. Buyer (User) - an individual who uses the platform to browse litters or submit reservation questionnaires to Breeders.
5. User - any person using the Service, including Breeders and Buyers.
6. Consumer - a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity.
7. Sole Trader with Consumer Rights - a natural person conducting business activity (sole proprietorship) who enters into a contract with the Service Provider that is directly related to their business activity, but which does not have a professional character for that person (within the meaning of Art. 385(5) of the Polish Civil Code).
8. Content - any text, images, or other information uploaded to the Service by Users.
9. Subscription - a paid plan granting access to premium features of the Service.
10. Smart Buyer Screening - an AI-powered tool that assists Breeders in analyzing buyer questionnaires by generating scores and suggestions, with final decisions made by the Breeder (human-in-the-loop).

1. To use the Service, the following technical requirements must be met:
   
   
   • A device with Internet access
   • A web browser supporting HTML5, CSS3, and JavaScript (current versions of Chrome, Firefox, Safari, or Edge)
   • An active e-mail address
   • Minimum screen resolution: 1024x768
   • Minimum connection speed: 1 Mbps
2. The Service Provider is not responsible for the inability to use the Service resulting from failure to meet the above technical requirements.
   
   

1. BreederHub provides a technology platform that facilitates communication and screening between Breeders and Potential Buyers.
   
   
2. No Brokerage: BreederHub is not a party to any contract or agreement between a Breeder and a Buyer regarding the sale, reservation, or rehoming of any animal. The Service Provider does not act as a broker, agent, or insurer.
   
   
3. The Service includes, in particular:
   
   
   • Kennel profile presentation tools
   • Litter management system
   • Smart Buyer Screening (AI-assisted buyer analysis)
   • Reservation questionnaire system
   • Communication tools between Breeders and Buyers

1. To use the Service as a Breeder, you must be at least 18 years old and represent a professional breeding operation registered with a cynological organization or association.
   
   
2. To use the Service as a Buyer, you must be at least 16 years old. Persons under 18 may use the Service only with the consent of a parent or legal guardian.
   
   
3. The User is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
   
   
4. The User agrees to provide accurate, current, and complete information during the registration process and to update this information promptly when it changes.
   
   

1. Breeder Obligations:
   
   
   • Operate the kennel in compliance with local laws and ethical breeding standards.
   • Provide truthful information about litters, health testing, and pedigrees.
   • Maintain the confidentiality of Buyer data accessed through the platform.
   • Process personal data of Buyers in compliance with the GDPR and applicable data protection laws.
2. Buyer Obligations:
   
   
   • Provide truthful and accurate information in reservation questionnaires.
   • Not use the Service for any fraudulent or deceptive purposes.
3. Prohibited Activities. Users may not:
   
   
   • Interfere with or disrupt the operation of the Service
   • Bypass or attempt to bypass security measures
   • Collect data from the Service without authorization (scraping)
   • Upload content that is illegal, offensive, or violates third-party rights
   • Use the Service to facilitate illegal trade in animals
   • Create multiple accounts to circumvent restrictions
   • Use automated tools (bots) to access the Service without written consent of the Service Provider

1. User Content. The User retains all ownership rights to the Content they upload to BreederHub.
   
   
2. License to the Service Provider. By uploading Content, the User grants the Service Provider a worldwide, non-exclusive, royalty-free license to host, display, and distribute such Content for the sole purpose of operating and improving the Service. This license terminates upon deletion of the Content or account closure, subject to reasonable technical timeframes for removal.
   
   
3. Service Provider's Intellectual Property. All rights, title, and interest in the Service (excluding User Content), including the source code, algorithms, interface design, and trademarks, are the exclusive property of OpenTopic Technologia Sp. z o.o.
   
   
4. License to the User. The Service Provider grants the User a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms and the selected Subscription plan.
   
   
5. Restrictions. The User may not:
   
   
   • Copy, modify, or create derivative works based on the Service
   • Reverse-engineer, decompile, or disassemble any part of the Service
   • Sublicense or transfer access to the Service to third parties

1. This section applies to Consumers and Sole Traders with Consumer Rights.
   
   
2. The User who is a Consumer or a Sole Trader with Consumer Rights has the right to withdraw from the contract without giving any reason within 14 days from the date of concluding the contract (i.e., from the date of activating the Subscription).
   
   
3. To exercise the right of withdrawal, the User must inform the Service Provider of their decision by means of an unequivocal statement (e.g., an e-mail sent to legal@ot.technology or a letter sent to the postal address). The User may use the withdrawal form template below, but it is not obligatory.
   
   
4. To meet the withdrawal deadline, it is sufficient to send the statement before the 14-day period expires.
   
   
5. Effects of withdrawal:
   
   
   • The Service Provider will refund all payments received from the User within 14 days of receiving the withdrawal statement.
   • The refund will be made using the same payment method that was used for the original transaction, unless the User has expressly agreed otherwise.
6. Exception: The right of withdrawal does not apply if the provision of the digital service has been fully performed with the User's express prior consent, and the User has been informed that they will lose the right of withdrawal upon full performance. The Service Provider will request such consent explicitly before commencing service delivery.
   
   
7. Withdrawal form template:
   
   

To: OpenTopic Technologia Sp. z o.o., ul. Sienkiewicza 40A, 15-004 Bialystok, Poland, e-mail: legal@ot.technology

I hereby inform you of my withdrawal from the contract for the provision of the BreederHub service.

Date of contract conclusion: _______________

Name and surname of the Consumer: _______________

Address of the Consumer: _______________

Signature of the Consumer (only for paper correspondence): _______________

Date: _______________

1. A natural person conducting business activity (sole proprietorship registered in CEIDG) who enters into a contract with the Service Provider that is directly related to their business activity, but which does not have a professional character for that person, enjoys the following consumer protection rights:
   
   
   • Protection against abusive clauses (Art. 385(1) of the Civil Code)
   • Right of withdrawal from a distance contract (Section 8 of these Terms)
   • Rights under complaint procedures (Section 10 of these Terms)
2. The assessment of whether the contract has a professional character is based on the subject of the business activity indicated in the Central Register and Information on Economic Activity (CEIDG), in particular the PKD codes.
   
   

1. The User has the right to file a complaint regarding the functioning of the Service.
   
   
2. How to file a complaint. Complaints should be submitted:
   
   
   • By e-mail to: support@ot.technology
   • By letter to: OpenTopic Technologia Sp. z o.o., ul. Sienkiewicza 40A, 15-004 Bialystok, Poland
3. Complaint content. A complaint should include:
   
   
   • The User's identification data (name, e-mail address associated with the account)
   • A description of the issue
   • The date of occurrence
   • The User's expected resolution
4. Deadline for response. The Service Provider will respond to the complaint within 14 days of receipt. If the Service Provider fails to respond within 14 days, the complaint is deemed accepted (in accordance with Art. 7a of the Consumer Rights Act, applicable to Consumers and Sole Traders with Consumer Rights).
   
   
5. Conformity of the digital service with the contract (Consumers and Sole Traders with Consumer Rights). In accordance with the Digital Content Directive (implemented into Polish law):
   
   
   • The Service Provider is liable for the conformity of the digital service with the contract for the duration of the Subscription.
   • If the Service is not in conformity with the contract, the User may request that the Service be brought into conformity. If this is impossible or disproportionate, the User may request a price reduction or withdraw from the contract.
   • The Service Provider bears the burden of proof regarding conformity during the first 12 months of the Subscription.
6. Business Users (companies): Complaints are handled in accordance with the provisions of the Civil Code. The 14-day automatic acceptance rule does not apply to business-to-business relationships.
   
   

1. Consumers and Sole Traders with Consumer Rights: The Service Provider is liable for the conformity of the Service with the contract in accordance with the provisions of the Consumer Rights Act and the Civil Code. This liability cannot be excluded or limited.
   
   
2. Business Users (companies):
   
   
   • The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the Service Provider excludes all implied warranties.
   • The Service Provider's liability for damages is limited to the amount of Subscription fees paid by the User in the 12 months preceding the event giving rise to liability.
   • The Service Provider is not liable for indirect, incidental, or consequential damages.
3. All Users:
   
   
   • The Service Provider is not a party to transactions between Breeders and Buyers. The Service Provider is not liable for the health, quality, or temperament of any animal sold or reserved through the platform.
   • The Service Provider is not liable for the Content uploaded by Users.
   • The Service Provider is not liable for interruptions in Service availability caused by force majeure, third-party infrastructure failures, or actions of the User.

1. Applicable framework. As a hosting service provider within the meaning of the Digital Services Act (Regulation 2022/2065), BreederHub applies the following content moderation rules.
   
   
2. Prohibited content. The following content is not permitted on the platform:
   
   
   • Content promoting illegal animal trade or animal abuse
   • Fraudulent or misleading information about animals, their health, or pedigree
   • Content that violates third-party intellectual property rights
   • Hate speech, harassment, or threats
   • Spam or unsolicited commercial communications
   • Any content that violates applicable laws
3. Notice and action mechanism. Any person may report content they consider illegal or in violation of these Terms by sending an e-mail to: support@ot.technology with a description of the content, its location (URL or identifier), and the reason for the report.
   
   
4. Processing of reports.
   
   
   • The Service Provider will acknowledge receipt of a report within 48 hours.
   • Decisions on reported content will be made within 7 business days.
   • The reporting person will be notified of the decision and its reasoning.
5. Restrictive actions. If the Service Provider takes restrictive action (content removal, account suspension, etc.), the affected User will receive:
   
   
   • A clear statement of reasons for the action
   • Information about the right to appeal (see paragraph 6)
   • Information about the facts and legal grounds for the decision
6. Internal complaint system. Users affected by a restrictive decision may file an appeal:
   
   
   • Within 30 days of receiving the decision
   • By e-mail to: legal@ot.technology
   • Appeals are reviewed by a human staff member (not solely by automated systems)
   • The Service Provider will respond within 14 business days
7. Out-of-court dispute resolution. Users may also refer disputes to a certified out-of-court dispute resolution body. Information about available ADR bodies is available at: https://ec.europa.eu/consumers/odr.
   
   
8. Contact points:
   
   
   • For users: support@ot.technology
   • For authorities of EU Member States and the European Commission: legal@ot.technology

1. Termination by the User. The User may terminate the contract (close their account) at any time by:
   
   
   • Using the account deletion feature in account settings, or
   • Sending a request to: support@ot.technology
2. Termination by the Service Provider. The Service Provider may suspend or terminate the User's account only in the following cases:
   
   
   • Material breach of these Terms by the User, after prior warning and a 14-day period to remedy the breach (unless the breach is of such nature that it cannot be remedied)
   • Use of the Service for activities that are illegal or promote animal abuse
   • Providing false identity information during registration
   • Failure to pay Subscription fees for more than 30 days after the due date
   • Court order or binding decision of a competent authority requiring suspension or termination
3. Procedure. Before termination (except in cases of illegal activity or court orders), the Service Provider will:
   
   
   • Send a warning to the User by e-mail, specifying the breach and the deadline for remedy
   • Allow 14 days for the User to remedy the breach or provide an explanation
   • Provide a written statement of reasons for the termination decision
4. Right to appeal. The User may appeal a termination decision within 30 days by e-mail to legal@ot.technology. Appeals are reviewed by a human staff member within 14 business days.
   
   
5. Effects of termination:
   
   
   • Access to the account is suspended immediately (in cases of illegal activity) or at the end of the current billing period (in other cases).
   • The User retains access to the data export function for 30 days after termination.
   • After the 30-day export period, data will be deleted in accordance with the Privacy Policy.

1. The processing of Users' personal data is governed by the Privacy Policy, available at breederhub.global/en/privacy-policy/.
   
   
2. As a Breeder, you acknowledge that you act as a Data Controller for the personal data of Buyers collected via the platform. You agree to process such data in compliance with the GDPR and other applicable data protection laws.
   
   
3. The terms of data processing by the Service Provider on behalf of the Breeder (processor relationship) are set out in the Data Processing Agreement (DPA), available as an annex to these Terms at breederhub.global/en/dpa/. [TO BE PUBLISHED]
   
   

1. The Service Provider reserves the right to amend these Terms only in the following cases:
   
   
   • Changes in applicable law or binding interpretations that affect the content of these Terms
   • Changes imposed by court rulings or decisions of competent authorities
   • Introduction of new services or features to the Service
   • Technical changes to the Service that affect the provisions of these Terms
   • Changes in the Service Provider's organizational data (name, address, contact details)
2. Notification. The Service Provider will notify Users of any changes at least 14 days before the new Terms take effect, by:
   
   
   • Sending an e-mail to the address associated with the User's account
   • Displaying a notice within the Service interface
3. Right to terminate. If the User does not accept the amended Terms, the User has the right to terminate the contract (close the account) free of charge before the amended Terms take effect. Failure to terminate before the effective date constitutes acceptance of the amended Terms.
   
   
4. Changes that are exclusively beneficial to the User (e.g., additional features at no extra cost) may take effect immediately without the 14-day notice period, but the User will be informed about such changes.
   
   

1. These Terms are governed by and construed in accordance with the laws of Poland.
   
   
2. Business Users (companies): Any disputes arising out of or in connection with these Terms shall be subject to the jurisdiction of the courts competent for the registered office of the Service Provider in Bialystok, Poland.
   
   
3. Consumers and Sole Traders with Consumer Rights: Disputes shall be resolved by the court having jurisdiction over the Consumer's place of residence, in accordance with applicable procedural rules. The Consumer may also use out-of-court dispute resolution mechanisms, including the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
   
   
4. EU Consumers from other Member States: Jurisdiction is determined in accordance with Regulation (EU) No 1215/2012 (Brussels I bis). A consumer domiciled in an EU Member State may bring proceedings in the courts of the Member State in which they are domiciled.
   
   

1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be replaced by a valid provision that most closely reflects the economic and legal purpose of the original provision.
   
   
2. These Terms are available in English and Polish. In the event of discrepancies between language versions, the Polish version prevails for Users domiciled in Poland, and the English version prevails for other Users.
   
   
3. The Service Provider does not charge Users for communication via electronic means (e-mail) in connection with the performance of the contract, beyond the costs of Internet access borne by the User under their contract with their Internet service provider.
   
   
4. Annexes to these Terms:
   
   
   • Privacy Policy (separate document)
   • Data Processing Agreement (DPA) [TO BE PUBLISHED]