Terms of Service

TERMS AND CONDITIONS

Zero Fluff Digital sp. z o.o. — pay.zerofluff.digital

Last updated: 6 May 2026

§ 1. Parties and scope of these Terms

1.1. Service Provider

These Terms and Conditions (the “Terms”) govern the supply of the Services described in §3 by:

Zero Fluff Digital sp. z o.o.

Service Provider

(the “Service Provider”, “Zero Fluff”, “we”, “us”, or “our”), a limited-liability company incorporated under the laws of the Republic of Poland.

Registered seat: ul. Świętego Marcina 29/8, 61-806 Poznań, Poland

Court: District Court Poznań – Nowe Miasto i Wilda, 8th Commercial Division

KRS: 0001174081

NIP: 7831930082

REGON: 541841870

Share capital: PLN 5,000.00 (fully paid)

Zero Fluff Digital sp. z o.o. is part of MTA Group. The other entities of MTA Group are Joint Controllers of personal data alongside Zero Fluff Digital for the purposes described in the Privacy Policy referenced in §10. Zero Fluff Digital is the sole contractual counterparty under these Terms.

1.1.1. Stripe payment processing — transitional arrangement

Transitional notice

During the present transitional period, payments effected via Stripe Checkout at pay.zerofluff.digital are processed by MTA Digital sp. z o.o. (KRS 0000561985, NIP 7831727441, REGON 361723055), an MTA Group affiliate of Zero Fluff Digital, acting as the Stripe merchant of record on Zero Fluff Digital’s behalf pursuant to a written intra-group services arrangement.

This arrangement does not affect the Customer’s contractual relationship with Zero Fluff Digital under these Terms. Zero Fluff Digital remains the sole contractual counterparty, the sole supplier of the Services, the sole holder of the licences granted to the Customer in §8, and the sole entity against which the Customer may enforce these Terms. The receipt or invoice issued at the moment of payment will identify MTA Digital sp. z o.o. as the issuing entity for tax purposes; for any clarification or matching of an invoice to an order, please contact [email protected].

Zero Fluff Digital will migrate to its own Stripe merchant account in due course. When that migration is completed, the Catalogue published at pay.zerofluff.digital and these Terms will be updated accordingly; any contracts already concluded under the present arrangement remain governed by the version of these Terms accepted at Stripe Checkout, and the underlying contractual relationship between the Customer and Zero Fluff Digital is unaffected.

1.2. Customer

These Terms are intended exclusively for business customers (the “Customer”, “you”, or “your”). “Customer” means either:

  • a legal entity (including limited-liability companies, joint-stock companies, partnerships, foundations, associations and other juridical persons) acting in the course of its business or professional activity; or
  • a natural person registered as a sole trader (in Poland: an entrepreneur registered in CEIDG; in other jurisdictions: an analogous business registration) acting in the course of that registered activity.

These Terms are not addressed to and are not applicable to natural persons acting outside the scope of any business or professional activity. If you are not registered as a business and you are not concluding this contract for purposes related to your trade, business, craft or profession, you may not place an order under these Terms, and any order placed in those circumstances may be cancelled by Zero Fluff.

1.3. Sole traders and “konsument-przedsiębiorca” status

If you are a natural person registered as a sole trader (an “Individual Entrepreneur Customer”) and the Services you are ordering are not directly related to the trade or profession that you have registered, certain protective provisions of Polish consumer-protection law extend to you under Articles 38a and 38b of the Polish Consumer Rights Act of 30 May 2014 (Ustawa o prawach konsumenta), even though you are technically not a consumer. The right of withdrawal regime described in §7 applies to you in that case with the modifications set out there. The Individual Entrepreneur Customer represents to Zero Fluff at the time of placing an order whether or not the order is directly related to the registered activity; in the absence of an express representation, the order is presumed to be directly related to the registered activity and full B2B terms apply.

1.4. Acceptance of these Terms

These Terms are made available to the Customer prior to the conclusion of any contract, both at pay.zerofluff.digital and within the Stripe Checkout flow. Acceptance of these Terms is a precondition of completing a Stripe Checkout transaction. By completing the Stripe Checkout transaction, the Customer expressly accepts these Terms in the form in which they are made available at the moment of payment, and concludes a binding contract with Zero Fluff Digital sp. z o.o. The Customer should download or save a copy of the Terms, together with the Offer Snapshot defined in §3.2, accepted at the moment of payment.

§ 2. Definitions

  • “Audit” — the Free SEO/AI/GEO Audit described in §3.1, provided without charge as a lead-generation product.
  • “Catalogue” — the catalogue of Standard Services published and continuously maintained by Zero Fluff at pay.zerofluff.digital, as defined in §3.2.
  • “Standard Service” — any Service listed in the Catalogue at the moment the Customer places an order, falling within one of the billing categories defined in §3.3.
  • “Custom Engagement” — any engagement that is not a Standard Service, agreed by separate written Statement of Work as described in §3.4.
  • “Service” or “Services” — collectively, the Audit, any Standard Service and any Custom Engagement ordered by the Customer.
  • “Deliverable” — any output produced by Zero Fluff in the course of providing the Services, including audit reports, written recommendations, code modifications, configuration files, deployed test-environment artefacts, ongoing optimisation outputs and any other materials specifically described in the Offer Snapshot or in the Statement of Work for a Custom Engagement.
  • “Customer Materials” — any data, content, source code, designs, brand assets, access credentials or other materials provided by the Customer to Zero Fluff for the purpose of performing the Services.
  • “AI-Generated Site” — a website built primarily using an AI-assisted site-building tool, including without limitation Lovable, Claude Code, v0, Bolt, Replit Agent, Vercel V0 and similar tools, whether deployed on the AI tool’s hosting or migrated to the Customer’s own infrastructure.
  • “Site” — the specific AI-Generated Site of the Customer in respect of which Zero Fluff is engaged to perform the Services.
  • “Offer Snapshot” — for any Standard Service, the scope, deliverables, delivery timeline, billing cycle and price displayed at pay.zerofluff.digital at the moment the Customer completes Stripe Checkout for that Service.
  • “Effective Date” — the date on which the Customer completes the Stripe Checkout transaction for a given Service, or, in the case of a Custom Engagement, the date on which the Statement of Work is signed by both parties.
  • “Privacy Policy” — the Privacy Policy of Zero Fluff Digital and the other Joint Controllers of MTA Group, currently published at https://zerofluff.digital/privacy-policy.

§ 3. Description of the Services

3.1. Free SEO/AI/GEO Audit

The Audit is a complimentary diagnostic review of an AI-Generated Site provided by Zero Fluff to qualified prospective Customers. The Audit covers, at Zero Fluff’s discretion and depending on the Customer’s Site, observations on technical search-engine indexability, on-page content structure, schema markup, AI-crawler accessibility (including robots.txt configuration for GPTBot, ClaudeBot, PerplexityBot, CCBot and similar agents), Core Web Vitals indicators, and high-level recommendations for improvement.

The Audit is provided as a marketing and lead-generation product. It does not create a paid services relationship between the Customer and Zero Fluff, does not constitute a binding professional opinion, and does not entitle the Customer to any specific deliverable, format, depth of analysis or response time. Zero Fluff reserves the right to decline to perform an Audit for any Site, to limit the scope of an Audit, or to discontinue the Audit programme at any time.

3.2. Standard Services Catalogue

Zero Fluff publishes and continuously maintains a catalogue of standard productized Services at pay.zerofluff.digital (the “Catalogue”). The Catalogue evolves over time: Services may be added, removed, repriced or restructured by Zero Fluff at any time. The composition of the Catalogue at any given moment is determined by what is actually displayed and purchasable at pay.zerofluff.digital at that moment.

These Terms apply to every Service in the Catalogue, present and future, without need for separate amendment, provided that the Service falls within one of the billing categories defined in §3.3 below. Services that do not fall within these billing categories — including Services with hybrid pricing, multi-party engagements, or Services with bespoke contractual terms — are not Standard Services and are agreed under §3.4 below.

For each Standard Service the Customer orders, the scope, deliverables, delivery timeline, billing cycle and price displayed at pay.zerofluff.digital at the moment the Customer completes Stripe Checkout (the “Offer Snapshot”) form an integral part of the contract concluded under these Terms. The Customer is invited to download or save a copy of the Offer Snapshot at the moment of payment, and Zero Fluff additionally retains a record of the Offer Snapshot applicable to each order.

3.3. Billing categories

Every Standard Service in the Catalogue belongs to exactly one of three billing categories. The category determines the refund and cancellation rules applicable to the Service under §6.3:

One-off Service

Ordered once, performed and delivered within a defined timeline, billed in a single payment at order.

e.g. Migration Services

Monthly Subscription

Performed continuously, billed monthly in advance, auto-renewing each month unless cancelled.

e.g. Lovable Dominance

Annual Subscription

Performed continuously, billed annually in advance, auto-renewing each year unless cancelled.

e.g. Lovable Starter, Lovable Pro

The applicable billing category for each Standard Service is identified in the Offer Snapshot at pay.zerofluff.digital.

3.4. Custom Engagements

Engagements that are not Standard Services — including engagements outside the scope or scale of the Catalogue, multi-product packages negotiated bespoke, retainers other than the standard subscription tiers, or engagements for which the Customer requires custom contractual terms — are agreed directly with Zero Fluff’s team under a separate written Statement of Work signed by both parties before work commences. These Terms may be referenced in or appended to such a Statement of Work, but in the event of any conflict between these Terms and the Statement of Work, the Statement of Work prevails as between the parties to that Statement of Work.

3.5. Out of scope

Unless expressly stated in writing in the Offer Snapshot or in the relevant Statement of Work, the Services do not include:

  • any guarantee of specific search-engine ranking, traffic volume, conversion rate, revenue, or visibility within any AI assistant’s response surface — see §3.6 below;
  • any guarantee that any third-party platform (search engine, AI assistant, social-media platform, AI-site-builder hosting platform) will index, surface, or otherwise treat the Customer’s Site in any particular way;
  • ongoing maintenance, monitoring, or rank-tracking after the post-delivery support window or subscription period has elapsed, except where expressly purchased as part of an active subscription Service;
  • paid-media spend on advertising platforms (e.g. Google Ads, Meta Ads, LinkedIn Ads), which the Customer pays directly to the platform;
  • creation of original content (long-form copy, photography, video) beyond what is incidental to implementing the SEO recommendations within the scope of the relevant Service;
  • legal, accounting, regulatory or compliance advice;
  • migration of the Site to a different host or platform, except where the migration is the subject-matter of the Service ordered (e.g. a Migration Service in the Catalogue) or is expressly described in a Custom Engagement Statement of Work;
  • any work falling outside the per-Service scope identified in the Offer Snapshot, including (without limitation) Sites exceeding the size limit specified in the Offer Snapshot for that Service.

3.6. No guarantee of search-engine or AI-assistant outcomes

The Customer acknowledges that search engines, AI assistants and other discovery surfaces operate as independent third-party platforms applying ranking, indexing, summarisation and citation decisions on the basis of algorithms and policies that are entirely outside the control of Zero Fluff. Zero Fluff applies professional skill and care to optimise the Site in accordance with publicly documented best practice as it stands at the time of delivery, but Zero Fluff does not warrant, represent or guarantee any particular search-engine ranking, traffic level, click-through rate, conversion rate, citation by any AI assistant, or any other commercial outcome. Any examples, case studies or projections shared during sales conversations or on the Joint Controllers’ websites are illustrative only and do not form part of these Terms or of the Offer Snapshot.

§ 4. Customer obligations and cooperation

4.1. Customer Materials

The Customer shall provide to Zero Fluff, promptly upon request and in any event within five (5) business days of the Effective Date (or such longer period as the nature of the Service reasonably requires):

  • the URL of the Site, identification of the AI-site-builder platform on which it is hosted, and reasonable evidence that the Site falls within the size limit specified in the Offer Snapshot for the Service ordered;
  • read access to the Site’s source code or platform configuration where required for delivery (e.g. the Lovable project, the Claude Code repository, the deployment platform account), or such access credentials as Zero Fluff reasonably requests;
  • brand assets, written content, and any access credentials needed for analytics platforms (Google Search Console, Google Analytics, etc.) where the Service requires their use;
  • written confirmation of the Customer’s contracting authority, billing entity, VAT registration number where applicable, and primary point of contact for the engagement.

4.2. Authority and ownership

The Customer represents and warrants that it owns or holds all necessary licences, consents and rights in the Site and the Customer Materials, that engaging Zero Fluff and granting Zero Fluff the access and licences described in §8 does not infringe the rights of any third party, and that the Customer has authority to enter into and perform these Terms. The Customer indemnifies Zero Fluff against any third-party claim arising from a breach of this representation.

4.3. Cooperation and delays caused by the Customer

Zero Fluff’s ability to meet delivery timelines depends on the Customer’s timely cooperation. If the Customer fails to provide Customer Materials, access or feedback within reasonable deadlines communicated by Zero Fluff, the delivery timeline is extended by the period of delay attributable to the Customer, and Zero Fluff is not liable for any consequences of that delay. If the Customer’s delay exceeds thirty (30) calendar days for a One-off Service, Zero Fluff may, at its discretion, deem the Service delivered as of the date of the delay and discharge its remaining obligations, in which case no refund is due. For Subscription Services, periods of Customer-caused delay do not pause the billing cycle.

§ 5. Order process and conclusion of the contract

5.1. Pre-contract information

Prior to placing an order, the Customer reviews the Service descriptions in the Catalogue at pay.zerofluff.digital, these Terms, and the Privacy Policy. The Stripe Checkout flow displays the selected Service, the Offer Snapshot, the price net of VAT, the total amount payable including VAT where applicable, the billing cycle, and the billing details collected by Stripe. The Customer should ensure that all information provided is accurate before submitting the order.

5.2. Conclusion of the contract

The contract for the supply of a Standard Service is concluded at the moment the Customer completes the Stripe Checkout transaction. The contract incorporates by reference (a) these Terms in the version made available at the moment of payment and (b) the Offer Snapshot for the Service ordered. Upon conclusion, the Customer receives an order confirmation by email at the address provided to Stripe, including a copy of these Terms, the Offer Snapshot, and an invoice or invoice-equivalent receipt issued in accordance with applicable tax law.

5.3. Right of refusal

Zero Fluff may refuse to perform a Service, and in that case shall refund any price paid in full, where: (a) the Site exceeds the size limit specified in the Offer Snapshot for the Service ordered and the Customer has not separately commissioned an upgraded Service or a Custom Engagement; (b) the Site contains content that is illegal under applicable law or that violates the acceptable-use rules of any platform on which a Test Environment or production deployment would be hosted; (c) Zero Fluff has reasonable grounds to suspect fraud, payment-card abuse, money-laundering, or sanctions exposure; (d) the Customer is established or controlled in a jurisdiction subject to sanctions imposed by the European Union or the United States.

§ 6. Pricing, payment, refunds and cancellation

6.1. Prices

All prices in the Catalogue are stated in euro (EUR) net of value added tax. VAT is added at the applicable statutory rate at the moment of Stripe Checkout. For Customers established outside Poland in another European Union member state who provide a valid VAT identification number, the reverse-charge mechanism may apply pursuant to Article 196 of Directive 2006/112/EC; Stripe Tax automation determines the applicable treatment at checkout. For Customers established outside the European Union, transactions are generally outside the territorial scope of EU VAT.

The price applicable to a given order is the price displayed in the Offer Snapshot at the moment of payment. Zero Fluff may change Catalogue prices for future orders at any time; price changes do not affect One-off Service contracts already concluded, nor Subscription Service contracts in respect of the current billing period. For Subscription Services, price changes apply from the next billing period following at least thirty (30) days’ notice given to the Customer in advance of that next billing period; the Customer may cancel the subscription effective at the next renewal if the new price is not acceptable.

6.2. Payment

Payment is made through Stripe Checkout at pay.zerofluff.digital. For One-off Services, payment is made in full at the moment of placing the order. For Subscription Services, the first instalment is paid at the moment of placing the order, and subsequent instalments are charged automatically by Stripe at the start of each billing period (monthly or annual, as identified in the Offer Snapshot).

The accepted payment methods are those made available by Stripe in the Customer’s billing country, which may include card payments, SEPA Direct Debit, and select local payment methods. Payment is processed by Stripe Technology Company, Limited (Ireland) acting as the EU establishment of the Stripe group; Stripe processes payment-instrument data directly and Zero Fluff does not store full payment-card numbers.

6.3. Refunds and cancellation

Refund and cancellation rights for Standard Services depend on the billing category of the Service ordered:

(a) One-off Services

30-day refund or credit

Refund requestable within 30 calendar days of the Effective Date via [email protected]. Customer chooses: (i) full monetary refund (processed within 10 business days), or (ii) credit equal to the price, applied to a different Service, valid 12 months. Not applicable when Service deemed delivered under §4.3 due to Customer-caused delay.

(b) Monthly Subscription Services

Cancel anytime, no refund

Cancellable at any time, effective from the start of the next monthly billing period. Email [email protected] or use self-service cancellation at pay.zerofluff.digital. Current month is non-refundable but access continues until period end. No minimum commitment.

(c) Annual Subscription Services

30-day pro-rata refund

Pro-rata refund of unused portion within first 30 days of Effective Date or renewal date — email [email protected]. After day 30, cancellable at next renewal but non-refundable for the remainder of the current annual term. Auto-renewal can be disabled at any time.

The refund and cancellation rights set out in this §6.3 apply in addition to, and do not limit, any statutory rights of the Customer (including under §7 below for Individual Entrepreneur Customers in respect of contracts concluded at a distance and not directly related to their registered activity).

6.4. Late payment, chargebacks, and reversed payments

If a payment is reversed by the Customer’s card issuer or bank otherwise than pursuant to a refund request honoured by Zero Fluff under §6.3 — including without limitation chargebacks alleging that the Customer did not authorise the transaction — Zero Fluff may, in addition to all other remedies, suspend delivery of the Services, withdraw any Deliverables that have not yet been formally accepted, terminate the affected Subscription Service with immediate effect, and recover any costs imposed on Zero Fluff by Stripe in connection with the chargeback. The Customer agrees that contesting a payment via chargeback while the Services are being or have been performed in accordance with these Terms constitutes a material breach of these Terms.

§ 7. Right of withdrawal — Individual Entrepreneur Customers

7.1. Scope of this section

This §7 applies only to Individual Entrepreneur Customers as defined in §1.3 (Polish-CEIDG-registered or analogously-registered natural persons) where the Services are not directly related to the trade or profession in respect of which the Customer is registered. It does not apply to legal-entity Customers, and it does not apply to Individual Entrepreneur Customers ordering Services directly related to their registered activity.

7.2. Statutory right

Where this §7 applies, the Customer has a statutory right under Articles 38a and 38b of the Polish Consumer Rights Act of 30 May 2014 to withdraw from a contract concluded at a distance within fourteen (14) calendar days from the Effective Date, without giving a reason and without incurring any costs other than those expressly provided by law. To exercise the right of withdrawal, the Customer must inform Zero Fluff of the decision to withdraw by an unequivocal written statement sent to [email protected].

7.3. Loss of the right of withdrawal — express consent to immediate performance

The Services are digital services within the meaning of Article 38(13) of the Polish Consumer Rights Act, the performance of which begins immediately upon payment. By selecting and ordering a Service and by ticking the express consent box presented at Stripe Checkout (or, where Stripe Checkout does not present such a box, by completing the Stripe Checkout transaction), the Customer:

  • expressly requests that performance of the Services begin before the expiry of the 14-day withdrawal period; and
  • acknowledges that, on full performance of the Services, the Customer will lose the right of withdrawal.

Where performance of the Services has been completed before the expiry of the 14-day period with the Customer’s express consent and the acknowledgement of loss of the right of withdrawal, the right of withdrawal under §7.2 ceases to be exercisable. Where performance is partial at the moment of withdrawal, the Customer pays for the part performed in proportion to the scope of performance, in accordance with Article 35 of the Polish Consumer Rights Act.

7.4. Interaction with §6.3

Nothing in this §7 limits the Customer’s rights under §6.3. Where both this §7 and §6.3 are available to the Customer, the Customer may rely on whichever provides the more favourable outcome.

§ 8. Intellectual property

8.1. Customer Materials

Customer Materials remain the exclusive property of the Customer (or of the third parties from whom the Customer has licensed them). The Customer grants to Zero Fluff a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt and incorporate the Customer Materials, in each case to the extent necessary for the performance of the Services. This licence terminates on completion of the Services or, in the case of a Subscription Service, on termination of the subscription, save for the limited use described in §8.4.

8.2. Deliverables

Subject to full payment of the price for the relevant Service, Zero Fluff grants to the Customer a perpetual (or, for Deliverables produced under a Subscription Service, co-extensive with the active subscription period unless expressly stated otherwise in the Offer Snapshot), worldwide, non-exclusive, non-transferable, royalty-free licence to use, reproduce, modify and exploit the Deliverables for the Customer’s own internal business purposes, including operating the Site as optimised. The licence is non-transferable except to a successor in interest to substantially all of the Customer’s business or to the Site. Zero Fluff retains all underlying rights in any pre-existing materials, methodologies, code libraries, prompts, audit templates and other intellectual property used in producing the Deliverables, including the right to reuse them for other clients.

8.3. Pre-existing IP

Each party retains ownership of all intellectual property that it owned or created independently of these Terms. Nothing in these Terms transfers ownership of any pre-existing intellectual property of either party.

8.4. Portfolio and case-study rights

Zero Fluff may identify the Customer as a client and may use the Customer’s name and logo for the purpose of identifying the Customer in Zero Fluff’s portfolio and marketing materials. Zero Fluff may publish anonymised case studies referring to performance metrics and observations from the engagement, provided that the Customer is not identifiable from the anonymised case study. The Customer may withdraw the right to use its name and logo (but not the right to publish anonymised case studies that have already been prepared) by written notice to [email protected].

§ 9. Warranties, liability and indemnity

9.1. Service quality

Zero Fluff warrants that the Services will be performed with reasonable professional skill and care in accordance with publicly documented best practice for SEO and AI-search-optimization as it stands at the time of delivery. Zero Fluff does not warrant any specific commercial outcome — see §3.6.

9.2. Disclaimer

Except as expressly set out in §9.1, all warranties, conditions and representations, whether express or implied by statute, common law, custom or course of dealing, are excluded to the maximum extent permitted by applicable law. The Services are provided “as is” beyond the express warranty in §9.1.

9.3. Limitation of liability

Zero Fluff’s total aggregate liability to the Customer in connection with these Terms and the Services, whether in contract, tort (including negligence), under statute or otherwise, is limited to the price actually paid by the Customer for the Service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim. Zero Fluff is not liable for any indirect, consequential, special or incidental loss, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data (other than data restoration costs reasonably incurred) or loss of anticipated savings.

The limitations in this §9.3 do not apply to: (a) liability for damage caused intentionally by Zero Fluff (Article 473 § 2 of the Polish Civil Code); (b) liability for personal injury or death caused by Zero Fluff’s negligence; (c) any other liability that cannot be excluded or limited by applicable law, including liability under the General Data Protection Regulation.

9.4. Customer indemnity

The Customer indemnifies and holds Zero Fluff harmless against any third-party claim, loss, liability, cost or expense arising out of or in connection with: (a) the Customer’s breach of the representations in §4.2 (rights in the Site and Customer Materials); (b) the Customer’s breach of any applicable law in operating the Site or in using the Deliverables; (c) any content of the Site that infringes the rights of any third party or that is unlawful.

§ 10. Data protection

Zero Fluff Digital sp. z o.o., together with the other entities of MTA Group, is a Joint Controller of personal data collected through pay.zerofluff.digital and through the performance of the Services, in accordance with Article 26 GDPR. The Privacy Policy describes the categories of personal data processed, the purposes and legal bases of processing, the categories of recipients (including processors and sub-processors), retention periods, the rights of data subjects, and the international transfer mechanisms in place. The Customer acknowledges having read the Privacy Policy at https://zerofluff.digital/privacy-policy before placing an order.

Where, in the course of performing the Services, Zero Fluff processes personal data on behalf of the Customer (for example, where the Site contains personal data of the Customer’s end users that becomes accessible to Zero Fluff during optimisation work), Zero Fluff acts as a processor of the Customer for the purposes of Article 28 GDPR. Zero Fluff’s standard Data Processing Agreement is available on request at [email protected] and is incorporated by reference into these Terms upon execution by both parties.

§ 11. Confidentiality

Each party undertakes to treat as confidential any non-public information disclosed by the other party in connection with these Terms that is marked or reasonably understood as confidential, including the contents of the Customer Materials, the Deliverables, pricing, and the technical details of the Services. The receiving party shall use the confidential information only for the purposes of performing these Terms, shall protect it with the same standard of care as its own confidential information of like importance and in any event with no less than reasonable care, and shall not disclose it to any third party except to its employees, contractors and advisers who have a need to know and who are bound by equivalent confidentiality obligations.

Confidentiality obligations do not apply to information that: is or becomes publicly available other than through breach of these Terms; was known to the receiving party prior to disclosure without an obligation of confidence; is independently developed by the receiving party without use of the disclosing party’s information; or is required to be disclosed by law, regulation or court order, in which case the receiving party gives prompt written notice to the disclosing party where lawfully possible.

§ 12. Term, termination and suspension

12.1. Term

Each contract concluded under these Terms commences on the Effective Date and continues: (a) for One-off Services, until the Services have been fully performed in accordance with the Offer Snapshot and any post-delivery support window has elapsed; (b) for Subscription Services, until cancelled in accordance with §6.3.

12.2. Termination for cause

Either party may terminate a contract concluded under these Terms with immediate effect by written notice if the other party: (a) commits a material breach of these Terms which is not remedied within fifteen (15) days of written notice requiring remedy; (b) becomes insolvent, enters into administration, has a receiver appointed over substantially all of its assets, or takes equivalent action under the laws of any other jurisdiction; or (c) ceases or threatens to cease carrying on business.

12.3. Suspension

Zero Fluff may suspend the performance of the Services at any time if it has reasonable grounds to believe that continued performance would expose Zero Fluff to legal, regulatory or platform-policy risk, in which case Zero Fluff shall give the Customer prompt written notice and a reasonable opportunity to address the underlying concern. For Subscription Services, billing may be paused for the duration of any such suspension at Zero Fluff’s discretion.

12.4. Effect of termination

On termination of a contract concluded under these Terms: (a) accrued rights and remedies remain unaffected; (b) Zero Fluff returns or deletes Customer Materials in its possession at the Customer’s election, save where Zero Fluff is required by law to retain them; (c) the Customer pays for any Services performed up to the date of termination; (d) provisions which by their nature are intended to survive termination (including §§ 8, 9, 10, 11 and 14) survive.

§ 13. Force majeure

Neither party is liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) caused by an event beyond its reasonable control, including without limitation acts of God, war, civil disturbance, terrorism, government action, epidemic or pandemic, fire, flood, earthquake, severe weather, failure of public utilities or general internet infrastructure, large-scale third-party service outages, or denial-of-service attacks. The affected party shall give prompt written notice to the other party and shall use reasonable efforts to resume performance. If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate the affected contract by written notice.

§ 14. Governing law, jurisdiction, dispute resolution

14.1. Governing law

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of Poland.

14.2. Jurisdiction

Subject to §14.3, any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the Polish courts having territorial jurisdiction over the registered seat of Zero Fluff Digital sp. z o.o. (i.e. the courts of Poznań). For Individual Entrepreneur Customers within the scope of §1.3 to whom the protective consumer-law regime extends, the jurisdictional rules of Polish consumer-protection law apply and override this clause to the extent of any conflict.

14.3. Pre-litigation dialogue

Before commencing any litigation, the parties shall use reasonable efforts to resolve the dispute by good-faith written exchange initiated by a notice from the complaining party to [email protected] (in the case of a Customer notice) or to the Customer’s email address of record (in the case of a Zero Fluff notice). The parties shall have thirty (30) days from the date of the initial notice to resolve the dispute before either party commences litigation.

§ 15. Notices

All notices under these Terms shall be in writing and in English. Notices to Zero Fluff shall be sent by email to [email protected], with a copy for data-protection matters to [email protected], and may also be sent by post to ul. Świętego Marcina 29/8, 61-806 Poznań, Poland. Notices to the Customer shall be sent to the email address provided at Stripe Checkout. Notices are deemed received on transmission for email and on the second business day after dispatch for properly addressed and prepaid post.

§ 16. General

16.1. Entire agreement

These Terms, together with the Offer Snapshot for each Service ordered, the Privacy Policy, and any Statement of Work for a Custom Engagement signed in writing by the parties, constitute the entire agreement between the parties in relation to the Services and supersede any prior representations, understandings or agreements relating to the same subject matter.

16.2. Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of these Terms shall remain in full force and effect. The parties shall negotiate in good faith to replace the severed provision with a valid and enforceable provision that achieves, as closely as possible, the original commercial intent.

16.3. No waiver

A failure or delay by either party in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy.

16.4. Assignment

Zero Fluff may assign or novate its rights and obligations under these Terms to any other entity within MTA Group on written notice to the Customer, provided that the assignee assumes Zero Fluff’s obligations in full. The Customer may not assign or novate its rights or obligations under these Terms without Zero Fluff’s prior written consent, save to a successor in interest to substantially all of the Customer’s business.

16.5. Amendment

These Terms may be amended by Zero Fluff with effect for future orders by publishing the amended version at pay.zerofluff.digital. For Services already being performed at the moment an amendment is published:

  • for One-off Services, the version of the Terms accepted at Stripe Checkout governs through to delivery and through any post-delivery support window;
  • for Monthly and Annual Subscription Services, the version of the Terms accepted at the most recent renewal Stripe Checkout governs through to the next renewal. The Customer is notified of any material amendment no later than thirty (30) days before the next renewal and may cancel the subscription effective at renewal if the amended Terms are not acceptable, in which case the cancellation is treated as a cancellation under §6.3 with no further liability.

16.6. Language

These Terms are concluded in English. The Polish-language version, if any is published, is provided for the convenience of Polish-speaking Customers; in the event of any inconsistency the English version prevails, save where Polish consumer-protection law mandates otherwise for Individual Entrepreneur Customers within the scope of §1.3.

§ 17. Contact

For matters relating to these Terms or to an order, please contact:

Service and orders

[email protected]

Data protection

[email protected]

Postal address

Zero Fluff Digital sp. z o.o.
ul. Świętego Marcina 29/8
61-806 Poznań, Poland