DRAFT — pending legal review. Not final counsel-approved wording.
Terms of Service
Version 3.6.0 · Effective 2026-08-01 · Last updated 2026-08-18
Previous versions
- 3.5.0 · 2026-08-01 — External-service naming audit 2026-08-18: remove Azure OpenAI/ACS product names; Stripe entity → Stripe; keep ChatGPT/OpenAI/Microsoft.
- 3.4.0 · 2026-08-01 — Comparison audit 2026-08-14: sole-trader citations; Art. 6 e-services risks; UOKiK number; complaint durable medium; DSA Art. 24(3); confirmation-before-supply; cookie wording; remove Model 2 label.
- 3.3.0 · 2026-08-01 — Formal re-audit 2026-08-13-3 (M-03/M-05/M-06): determinate paid-deck access; ChatGPT unavailable under 16; DSA voluntary extras trimmed; AI Act counsel notes removed.
- 3.2.0 · 2026-08-01 — Formal legal re-audit draft (F-05/F-06/F-09/F-10): Art. 22/43p–43q modifications; paid-deck access + remedies/UGC; voluntary DSA appeal; AI Act role qualification.
- 3.1.0 · 2026-08-01 — Aug 2026 re-audit draft: ChatGPT plugin scopes/tools/no-commerce; AI Act path distinction; link to /docs/chatgpt-plugin.
- 3.0.0 · 2026-08-01 — Re-audit: Model 2 decks; product-specific withdrawal; digital-service modification; UKE mandate.
- 2.0.0 · 2026-08-01 — Restructured for audit; added phone, sole-seller, age/guardian, EU carve-out, OpenAI independent, deletion/renewal, deck licence, amendment rules.
- 1.0.0 · 2026-07-25 — First published draft.
These Terms are the rules for providing services by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means. The Polish-language version is the binding version; this English text is a translation provided for convenience.
1. Who we are
CramDeck is operated by:
JMS Sieracki sp. z o.o.
ul. ks. Pawła Pośpiecha 3A/7, 41-800 Zabrze, Poland
Registered with the National Court Register (KRS) under number 0001197364 by the District Court in
Gliwice, 10th Commercial Division of the National Court Register
NIP: PL6482767937 · REGON: 243188484 · Share capital: PLN 5,000.00
Email: hello@cramdeck.com
Phone: +48 604 550 335
We refer to ourselves as "we" or "CramDeck", and to you as "you" or "the User".
CramDeck is the sole seller of all paid content available in the Service. We do not operate a marketplace and no third party sells goods or services through CramDeck.
2. Definitions
- Service — the CramDeck website and web application, and all functions available through them.
- Account — your individual account in the Service.
- Deck — a set of flashcards created in the Service, with visibility set to public, unlisted or private.
- User Content — anything you create, upload or publish in the Service.
- Consumer — a natural person entering into a contract for purposes not connected with their trade or profession.
- Qualifying sole trader — a natural person concluding a contract directly connected with their business activity, where the contract is not of a professional character for that person. Where the Act on Consumer Rights so provides, Article 7aa of that Act extends the consumer-rights regime to such a sole trader. Separately, Article 385⁵ of the Civil Code extends unfair-contract-term protection to such a sole trader. In these Terms, rights described as applying to a Consumer also apply to a qualifying sole trader to the extent those statutes require.
- Paid Services — the Regular subscription, AI credit packs and individually purchased Decks.
3. Types and scope of services
We provide the following services by electronic means:
| Service | Availability |
|---|---|
| Browsing and studying public Decks | Without an Account |
| Account, personal library, favourites, groups, study progress | Registered Users |
| Deck creator: creating, editing, importing, exporting and publishing Decks | Registered Users |
Public profile at /u/{username} | Registered Users, off by default |
| AI deck wizard | Registered Users, requires the Regular plan or AI credits |
| Integrations API, Personal Access Tokens and OAuth connections | Registered Users |
| Paid Services | Registered Users, subject to section 10 |
Free public Decks are available without registration. We may add, change or discontinue individual functions; if a change materially reduces what a Paid Service offers, section 16 applies.
4. Technical requirements
To use the Service you need:
- a device with internet access,
- a current version of a widely used web browser (Chrome, Edge, Firefox or Safari) with JavaScript and cookies enabled,
- an active email address for registration,
- for media upload, files in a supported image format within the size limit shown in the creator.
We are not responsible for the Service being unavailable to you because your equipment or connection does not meet these requirements.
Particular risks (Article 6 of the Act on providing services by electronic means). Using the Service involves, in particular, the following material risks: unauthorised access to an Account or integration token if credentials are compromised or shared; malicious links or files that may appear in user-created content; content you set to public being discoverable by anyone and potentially indexed by search engines; phishing or social-engineering attempts that impersonate CramDeck or other users; and inaccurate, incomplete or misleading AI-generated content. Protect your credentials, check content before you rely on it, and report suspected abuse to hello@cramdeck.com.
5. Conclusion and termination of the contract
The contract for maintaining an Account is concluded when you complete registration and accept these Terms, and is entered into for an indefinite period.
You may terminate it at any time and without giving reasons by deleting your Account in Profile → Danger zone. Deletion begins a 14-day grace period during which signing in restores the Account. After that, your Account and its content are permanently deleted, as described in the Privacy Policy.
Deleting your Account also cancels any active subscription with effect from the end of the current billing period. No further renewal charges are made. If you prefer to keep the Account but stop paying, cancel the subscription separately in the billing portal.
We may terminate the contract with 14 days' notice if you materially breach these Terms, and we may suspend the Account with immediate effect where necessary to prevent an ongoing breach, protect other users or comply with a legal obligation. We will tell you the reason and how to contact us about the decision, as described in section 8.
6. Age, and users under 18
You must be at least 13 years old to use the Service.
If you are under 18, you may use the Service only with the consent of a parent or guardian, which we ask you to confirm during registration. Marketing cookies are not used for any user while none are configured. If you are under 16, we do not use analytics cookies for your Account.
ChatGPT / OpenAI integration. The ChatGPT integration is unavailable to a known user under 16. Guardian consent does not make that integration available. The in-product AI deck wizard remains a separate feature under the CramDeck service contract and is not the ChatGPT integration.
Users under 18 may not purchase Paid Services without the consent of a parent or guardian, because under Article 17 of the Polish Civil Code a person with limited capacity to act needs their statutory representative's consent for that type of contract. We may require confirmation of that consent, and we may cancel and refund a purchase made without it.
7. Your content and the rules for it
You keep ownership of your User Content. You grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce, adapt in a technical sense (such as resizing images), and display your User Content, for as long as you keep it in the Service and only to the extent needed to operate the Service and provide the functions you use, including publishing it if you choose to make a Deck public and delivering it to integrations you have authorised. The licence ends when you delete the content or your Account, save for copies that other users lawfully made while the content was public.
Post-termination recovery of eligible User Content. After the contract ends, if you ask us, we will make eligible non-personal User Content that you supplied or created available to you without charge, within a reasonable time and in a commonly used machine-readable format, subject to the statutory exceptions under the Act on Consumer Rights (including content that has no use outside the Service, relates only to your activity in the Service, or has been aggregated with other data and cannot be disaggregated or can be disaggregated only with disproportionate effort). This does not limit mandatory consumer remedies.
You must not supply unlawful content. In particular, you must not publish or upload content that:
- infringes copyright, trade marks or other third-party rights,
- contains personal data of other people without a legal basis,
- constitutes a criminal offence, incites one, or promotes terrorism,
- constitutes hate speech, harassment, threats or defamation,
- is sexual content involving minors, or any sexual content presented to minors,
- constitutes child sexual abuse material,
- contains malware, phishing or unauthorised advertising,
- contains payment card numbers, government identifiers, credentials, or health data identifying a real person.
The full list, and what happens after a report, is in the Content Policy.
8. Moderation and reporting illegal content
This section implements Articles 14, 16 and 17 of Regulation (EU) 2022/2065 (the Digital Services Act).
How we moderate. We do not monitor all content proactively. Text produced by the AI deck wizard is screened automatically for harmful content before it is saved and may be withheld. Other content is reviewed when someone reports it or when we become aware of it otherwise. Decisions to remove content, restrict its visibility or suspend an Account are taken by a person, with automated tools used only to prioritise and triage.
How to report. Anyone can report content they consider illegal, using the report function on a public Deck or profile, or by writing to hello@cramdeck.com. Tell us what the content is, where it is, and why you consider it illegal. We confirm receipt without undue delay.
What we do. We assess reports diligently, without arbitrary decisions, and act in a timely manner. We may remove the content, restrict its visibility, restrict or suspend the Account, or reject the report.
Statement of reasons. If we restrict your content or Account, we tell you what we did, the facts we relied on, whether automated tools were involved, the legal or contractual ground, and how to contact us about the decision. Court rights remain unaffected. As a confirmed microenterprise we rely on the DSA Article 19 exemption from Articles 20–28; we do not operate a mandatory Article 20 internal complaint system and do not present Article 21 certified out-of-court settlement as a statutory entitlement against CramDeck. Article 24(3) information-on-request obligations remain applicable despite that exemption, where engaged.
Contact points (DSA Articles 11 and 12). Single points of contact (monitored; not exclusively automated):
- Authorities (Article 11): hello@cramdeck.com (subject "DSA authority")
- Recipients of the service (Article 12): hello@cramdeck.com (subject "DSA contact") or /support
We accept communications in Polish and English. In Poland, the President of the Office of Electronic Communications (UKE) currently performs a temporary and limited Digital Services Coordinator function under the transitional Polish arrangement; see UKE's current status page for the scope of that mandate.
9. AI features
In-product AI deck wizard. The AI deck wizard generates flashcard suggestions from the material you provide. When you use it you are interacting with an artificial intelligence system, and we tell you so in the interface. As a product transparency measure, cards created this way are labelled as AI-generated, and we may preserve machine-readable provenance markers where the product records them.
AI output can be inaccurate, incomplete or misleading. You are responsible for checking it before you rely on it for study and before you publish it. We give no guarantee that generated content is correct, current, or free of third-party rights.
Use of the wizard consumes AI credits or requires the Regular plan, as shown in the product. Details of what is sent to Microsoft, and for how long it is kept, are in the Privacy Policy.
OpenAI and the ChatGPT plugin. The ChatGPT integration is available only to known users aged 16 or over. If you connect your Account to OpenAI's ChatGPT via our OAuth integration, OpenAI operates as an independent controller of the data you exchange with it, under its own terms and privacy policy. OpenAI is not a processor or subprocessor acting on our behalf.
Categories of App Requests and App Responses, purposes, retention and user controls are described in the Privacy Policy and the user guide at /docs/chatgpt-plugin. Deck content authored or generated in ChatGPT and then saved to CramDeck is a separate AI path from the in-product AI deck wizard: generation happens in ChatGPT; CramDeck stores and renders the cards you choose to save. New decks created through the plugin are private. The plugin does not sell subscriptions, AI credits or paid decks, start checkout, or promote upgrades — Paid Services remain available only on the CramDeck website outside the plugin workflow.
10. Paid Services
What we sell. The Regular subscription (monthly or yearly), AI credit packs, and individual paid Decks. Prices are shown in the product, include VAT where applicable, and are stated in the currency shown at checkout.
How the contract is concluded. Selecting a Paid Service and confirming payment is an offer. The contract is concluded when payment is confirmed. Before a Paid Service is made available, we send confirmation of the contract — including the early-performance request, acknowledgement of the effect on the withdrawal right where applicable, and other required information — on a durable medium by email. A downloadable copy is also available in your account. Access is then granted.
Payment. Payments are processed by Stripe. We do not receive or store your card number. Invoices and receipts are available through Stripe.
Subscription renewal. The Regular subscription renews automatically for successive periods at the price in force, until you cancel. You may cancel at any time with effect from the end of the current billing period, in the billing portal linked in Profile → Purchases & plan. Cancelling stops future charges; it does not refund the current period, subject to section 11.
Price changes. We will tell you at least 30 days before a price change takes effect. If you do not accept it, cancel before the change takes effect and the current price applies until the end of that period.
Credits and purchased Decks. AI credits do not expire while your Account exists, have no cash value, and are not transferable.
Licence for a purchased Deck. When you buy a Deck:
- Access duration. You receive a personal, non-transferable licence to study that Deck in the Service for as long as your Account remains active. Access does not depend on whether we continue to offer the same Deck as a product for new purchasers. Delivery is completed when the Deck is first made available in your library after payment confirmation (the delivery-completion event we can evidence in our systems).
- Export. Where the product offers offline export or download, you may keep that export for personal study after purchase; republishing or reselling the Deck is not permitted unless we say otherwise in writing.
- Removal on objective grounds. We may remove a Deck from sale or from your library only on objective grounds, such as illegality, infringement of third-party rights, security risk, or loss of the rights we need to keep providing the Deck. If continued access cannot be provided, existing purchasers receive an appropriate refund or price reduction, or a replacement where reasonably available, as described in Withdrawal and refunds. Any contractual replacement, proportionate refund or removal mechanism does not limit mandatory Consumer remedies for lack of conformity under Chapter 5b of the Act on Consumer Rights (Articles 43h–43q), including price reduction and withdrawal from the contract.
- Checkout. Paid-deck checkout always requires both early-supply statements; access is granted immediately — there is no delayed-supply purchase path for that SKU.
11. Right of withdrawal for Consumers
If you are a Consumer, you may withdraw from a contract concluded at a distance within 14 days without giving a reason, under Article 27 of the Act of 30 May 2014 on Consumer Rights. The rules differ by product — see Withdrawal and refunds for the full text, model form, and checkout statements.
In short:
- Regular subscription (continuous digital service). Requesting early start does not remove the 14-day right. If you withdraw within 14 days, you pay a proportionate amount for the service supplied until withdrawal and we refund the remainder.
- AI credits. Within 14 days we refund unused credits and settle used credits proportionately. Using the first credit does not extinguish the right for the whole pack.
- Paid Deck (digital content). Both early-supply statements are required at checkout; access is immediate after durable-medium confirmation. The right of withdrawal is lost after performance is completed (Deck first made available in your library) only if the statutory conditions for digital content (including prior information that the right ends after completed performance, acknowledgement, and durable-medium confirmation sent before supply) are met. There is no delayed-supply checkout path.
We refund within 14 days of receiving your withdrawal statement, using the same payment method.
12. Conformity of digital content, and complaints
We are liable to Consumers for the conformity of digital content and digital services with the contract, under Chapter 5b of the Act on Consumer Rights (Articles 43h–43q). If the Service does not conform, you may demand that it be brought into conformity, and if we refuse, or fail to do so within a reasonable time and without undue inconvenience to you, you may make a price-reduction statement or withdraw from the contract on the terms set out in those provisions.
Limitations of liability, service-availability reservations, content removal, licence termination and any contractual refund or replacement mechanism in these Terms do not exclude mandatory Consumer rights, including conformity remedies, price reduction, withdrawal or termination, refunds, and recovery of eligible user-generated content under the Act on Consumer Rights.
Complaints procedure. Submit a complaint to hello@cramdeck.com or to our postal address. Tell us what the problem is, when it occurred, your Account email, and what you expect. We answer within 14 days of receiving the complaint, on paper or another durable medium (normally email). If you are a Consumer and we do not answer within that period, the complaint is deemed accepted. Contacting support is optional and does not limit withdrawal, chargeback, supervisory, ADR or court rights.
13. Out-of-court dispute resolution
We do not undertake to use, and are not obliged to use, any out-of-court body for resolving consumer disputes within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
You may nonetheless seek help from the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), from a municipal or district consumer ombudsman, or from the UOKiK consumer helpline at 801 440 220 or 222 66 76 76. Information for consumers is available at uokik.gov.pl/pomoc-dla-konsumentow.
The European Online Dispute Resolution platform was discontinued on 20 July 2025 and is no longer available.
14. Our intellectual property
CramDeck's name, logo, interface, software and documentation belong to JMS Sieracki sp. z o.o. or its licensors. These Terms do not transfer any of those rights to you. You may use the Service only as described here. You may not copy the software, decompile it except as permitted by mandatory law, or use our branding without written consent.
15. Liability
We provide the Service with due diligence and aim to keep it continuously available, but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, and where it is planned and likely to be disruptive we will announce it in advance.
If you are a Consumer, our liability is governed by generally applicable law. Nothing in these Terms limits or excludes it, and in particular nothing limits liability for damage caused intentionally, for personal injury, or under the conformity rules in section 12.
If you are not a Consumer, our liability for damage arising from the Service is limited to the fees you paid us in the 12 months preceding the event, we are not liable for lost profits, and we are not liable for losses caused by your failure to keep credentials or integration tokens secure. This limitation does not apply to damage caused intentionally.
We are not liable for User Content, or for how third-party agents you have authorised use the access you granted them.
16. Changes to these Terms
We may amend these Terms only for a valid reason that is not a mere non-conformity fix, for example: a change in law, a court or regulator decision, a change in the scope or manner of providing the Service, a price change under section 10, or the need to correct an error or improve security. A modification under this section creates no additional cost for you for the period already paid.
We will publish the new version here and notify registered Users in advance before it takes effect, by email or in the application. If you do not accept the change, you may terminate the affected contract before it takes effect, at no cost beyond what you have already lawfully paid for the period used.
Continuous digital services (subscriptions) — Articles 43p–43q. Where a modification of the digital service has more than a minor negative effect on your access to or use of the subscription, we will inform you clearly of the modification, the reasons for it, and the timing, on a durable medium, sufficiently in advance. Unless we continue to make the unchanged service available to you at no extra cost, you may terminate the subscription within the statutory 30-day period after that notice (or such other period as mandatory law requires) without cost beyond what you have already lawfully paid for the period used.
One-off digital content (paid Decks). The modification mechanism in this section does not apply to contracts for individually purchased Decks already supplied. Those purchases remain governed by the licence and conformity rules in sections 10 and 12.
No silent waiver. Pre-contract information incorporated into a Consumer contract may be changed only by express agreement. Nothing in this section deems continued use alone to be acceptance of a change that would waive or limit mandatory Consumer rights under Articles 22 or 43p–43q of the Act on Consumer Rights.
17. Governing law and jurisdiction
These Terms are governed by Polish law. If you are a Consumer resident in the EU or EEA, this choice does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.
Disputes with Consumers are subject to the courts having jurisdiction under generally applicable law, which includes the courts of your place of residence. Disputes with Users who are not Consumers are subject to the courts having jurisdiction over our registered seat.
18. Final provisions
If a provision of these Terms is found invalid, the remainder stays in force. These Terms are available free of charge at /terms in a form that allows you to download, reproduce and store them.
19. Contact
JMS Sieracki sp. z o.o.
ul. ks. Pawła Pośpiecha 3A/7, 41-800 Zabrze, Poland
Email: hello@cramdeck.com
Phone: +48 604 550 335
KRS 0001197364 · NIP PL6482767937 · REGON 243188484