Bastody — Terms of Service
These Terms of Service (the "Terms") set out the conditions on which the Provider makes the Bastody platform and related services available to its business customers. Please read them carefully. By creating an Account, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
You can contact the Provider at: support@bastody.com (e-mail).
The Service is intended solely for businesses (in particular market-research firms). It is not intended for, or directed at, consumers.
1. Definitions
The following definitions apply in these Terms:
- Account – a set of resources and permissions assigned to a User within the Service following registration.
- Ad (also Ad Creative) – advertising material (e.g. image, video, copy) provided, uploaded, or configured by the Customer for placement within a Mockup.
- Ad Block – a configurable unit within a Mockup into which the Customer places an Ad. A Mockup may contain one or more Ad Blocks.
- Advertised Media– the media uploaded by the Customer for an Ad, in particular a video file (e.g. MP4/MOV), an audio file (e.g. MPS/WAV), and a thumbnail image (e.g. JPG/PNG), together with related ad metadata (such as title, call-to-action, and displayed advertiser reference). The call-to-action button may be selected from preset options made available in the Service (such as "Apply now", "Book now", "Buy now", "Learn more", "Sign up", "Subscribe", or "Watch now").
- Bastody Platform (the "Platform") – the software-as-a-service application made available by the Provider at https://app.bastodygroup.com including its features, templates, and content, enabling the creation and configuration of Mockups.
- Beta – any feature, Mockup type, or part of the Service designated as beta, preview, evaluation, or test, or otherwise provided prior to general release.
- Behavioral Metrics – optional analytics and data on how Respondents behaved within a Mockup (such as interactions, clicks, scrolling and time spent viewing the Ad), made available to the Customer in anonymised and/or aggregated form.
- Business Day – a day other than a Saturday, Sunday, or public holiday in the Republic of Poland.
- Customer (also Account Holder) – the business on whose behalf a Team is established and that is responsible for paying the Fees. The Customer acts through the User designated as the Team's administrator (the first User given access to the Team), who provides the billing details and may invite further Users. A Team may be created by the Customer itself or set up by the Provider on the Customer's behalf.
- Customer Content – any content provided, uploaded, configured, or otherwise made available to the Service by the Customer or a Team Member, including Ads, profile photos, Mockup configurations, and other materials, excluding the Platform and any materials provided by the Provider.
- Demo Mockup – a free demonstration Mockup using placeholder content, made available to illustrate how Mockups work and not intended for real research.
- Effective Date – the date on which these Terms take effect, as set out in clause 22.5, or, in relation to a given User, the date on which that User first accepts these Terms.
- Error – a defect or malfunction of the Service as a result of which the Service does not perform its functionality. Errors are classified as:
- Critical Error – an Error that prevents use of the key features of the Service, or causes unavailability of the Service;
- Material Error – an Error affecting the correct operation of the Service (e.g. incorrect display of data, limited functionality, or reduced performance);
- Minor Error – an irregularity that does not disrupt the basic operation of the Service (e.g. visual defects, incorrect data formatting, or minor functional inconsistencies).
- Fees – the amounts payable by the Customer for the Service, as set out in the Fees Schedule and/or displayed in the Service at the time of the relevant Order.
- Fees Schedule– the Provider's schedule of fees, charges, and the applicable billing model, as made available in the Service or otherwise provided to the Customer.
- Environment– the simulated backdrop generated by the Platform that reproduces the look and feel and the placement context of a third-party platform (for example a feed, stories, reels, or an in-stream placement on a third-party social-media or other digital platform made available in the Service), together with the placeholder content provided by the Provider. The Environment does not include the Customer's Ad. It is a visual simulation and does not fetch, embed, stream, or otherwise source content from any third-party platform.
- Field Market – the market (country/territory) selected for a Mockup, indicating where the related research is to be conducted. The Mockup and content language corresponds to, and is determined in connection with, the selected Field Market (for example, selecting Poland as the Field Market results in Polish-language content). The Field Market is distinct from the Team Region and does not affect the billing currency.
- Force Majeure – an extraordinary external event that could not have been foreseen or prevented, arising after acceptance of these Terms, as further described in section 16.
- Intellectual Property Rights – all copyrights and related rights, rights in databases, trademarks, patents, design rights, trade secrets, and any other intellectual property rights, whether registered or unregistered, anywhere in the world.
- Invitation (also Invite Link) – an invitation, including a link sent by e-mail, by which a person may join an existing Team.
- Mockup– the complete, configured test unit created by the Customer using the Platform, consisting of the Environment with the Customer's Ad placed within it and the chosen configuration (platform, Field Market, language, Ad Placement, and device type), as presented to Respondents. A Mockup may be a Research Mockup or a Demo Mockup.
- Ad Placement – the position and format in which an Ad is presented within a Mockup (for example, in-feed, stories, reels, or an in-stream pre-roll), as selected when configuring the Mockup. The available Ad Placements and device types depend on the platform selected for the Mockup.
- Order – a request placed via the Service by the Customer or a Team Member for a paid Mockup or other paid element of the Service.
- Payment Service Provider – Stripe, operated by Stripe Payments Europe, Ltd. (Dublin, Ireland), which intermediates card payments within the Service in accordance with its terms, available at https://stripe.com/legal.
- Permitted Purpose – use of the Service strictly for bona fide market research in a closed, controlled environment, in which Mockups are shown only to recruited research respondents for a short period. Respondents may interact with a Mockup, and such interactions (including clicks and scrolling) may be measured for research purposes; however, all interactions are self-contained within the Mockup and do not navigate to, connect to, or retrieve content from any live third-party service. Making a Mockup available to recruited Respondents for the purposes of a study — for example by means of a link, to a limited group, and for the duration of the study — is part of the Permitted Purpose. This is distinct from, and does not include, publishing, deploying, or otherwise making a Mockup available to the public, which is not permitted.
- Privacy Policy– the Provider's privacy policy, available at https://home.bastodygroup.com/privacy-policy.html.
- Provider (also Service Operator) – Bastody Group sp. z o.o. with its registered office at Warsaw, Długa 29, 00-238 Warsaw, Poland, registered in the Register of Entrepreneurs of the National Court Register under KRS No.: 0000978213, NIP: 5252912849, REGON: 522369422, which makes the Service available under these Terms.
- Research Mockup – a Mockup that replicates an authentic, fully populated environment, intended for use in real research sessions, made available for a Fee.
- Respondent – a natural person who, as part of a research study conducted by or for the Customer, is directed to and views a Mockup.
- Respondent Data – data relating to the behaviour of Respondents within a Mockup, including interactions such as clicks and scrolling, collected in anonymised and/or aggregated form.
- Service – the provision by the Provider of access to and use of the Bastody Platform and related services under these Terms.
- Team– a workspace within the Service (the terms "Team" and "workspace" are used interchangeably) created by a Customer, which other Users may join by Invitation and within which Mockups may be created.
- Team Member– a User who joins a Team by Invitation and uses the Service under the Customer's Team.
- User – any person who uses the Service, whether as a Customer or as a Team Member.
2. The Service and the Provider's Role
2.1. The Provider makes available to Users the Bastody Platform, which enables Users in particular to create, configure, and manage Mockups for the purpose of testing ad placements in market research.
2.2. To use the Service, the User must have:
- 2.2.1. a device with access to the Internet; and
- 2.2.2. a current web browser with cookies enabled; and
- 2.2.3. an active e-mail address.
2.3. The User is responsible for meeting these technical requirements.
2.4. The creation of a Mockup follows the steps made available in the Service, which may include: selecting the Mockup type; environment setup (in particular selecting the platform whose look and feel is replicated from the platforms made available in the Service, the Field Market, the Mockup and content language (which corresponds to the Field Market), the Ad Placement, and the device type (such as mobile, desktop, or cross-platform); the available Ad Placements and device types depend on the selected platform); ad configuration; and Mockup configuration.
2.5. The Provider provides the Platform, the Mockup templates, and the simulated Environment. The Customer provides the Ad and any other Customer Content.
2.6. In addition to the generation of Mockups, the Provider may make available optional paid features (Add-ons), such as Behavioral Metrics, Content Categories, and Facial Coding. Add-ons are not provided by default; they are an additional feature, which may be subject to separate activation and Fees. Add-ons may require a separate data processing agreement with the Provider.
2.7. The Provider provides the Service as a software tool only. The Provider is not an advertiser, an advertising agency, a media buyer, or a market-research firm, and does not recruit, contact, or manage Respondents. The recruitment of Respondents, the design of any survey or study, the obtaining of any consents from Respondents, and the conduct of the research are the sole responsibility of the Customer.
2.8. The Provider exercises due care to ensure the correct and continuous operation of the Service. In the event of irregularities, the User should notify the Provider in accordance with section 9.
2.9. The Service, or parts of it, may be made available as Beta. The terms in section 13 apply to any Beta.
2.10. The Provider may take action in respect of Mockups, Ads, or Customer Content after they have been created or generated, in accordance with sections 6, 7, and 18.
2.11. The Provider applies technical and organisational measures appropriate to the risk in order to protect the Service and the data processed within it, in particular against unauthorised access, loss, or alteration. No security measures can guarantee absolute security, and the User is responsible for the security of its own devices, access credentials, and network connection.
3. Accounts and Registration
3.1. Use of the Service requires registration of an Account. Registration requires the User to complete the form available in the Service, provide the required data (including a valid e-mail address), create access credentials in accordance with the rules set out in the form, and accept these Terms and the Privacy Policy. An Account and a Team may also be set up by the Provider on the Customer's behalf during onboarding. In that case, the User designated as the Team's administrator accepts these Terms and the Privacy Policy upon first accessing the Account.
3.2. The User must confirm their e-mail address using the confirmation link sent by the Provider. Registration is completed, and the Account is activated, upon confirmation of the e-mail address. The agreement for the Account is concluded between the User and the Provider upon activation of the Account.
3.3. By registering an Account, the User represents and warrants that:
- (a) it is at least 18 years old and has full legal capacity (where applicable);
- (b) it registers and uses the Service solely for purposes relating to its business, trade, or profession, and not as a consumer; and
- (c) where it registers or acts on behalf of an entity, it is duly authorised to do so and to bind that entity to these Terms.
3.4. The User is obliged to provide true, accurate, complete, and up-to-date data during registration and while using the Service, and to update such data in the event of any change.
3.5. An Account is personal to the User. Each User must have its own Account, and Account access credentials must not be shared with, or used by, any other person. The User must keep the Account access credentials confidential and protect them from access by unauthorised third parties. The User must notify the Provider without undue delay if it becomes aware that an unauthorised third party has obtained access to the Account credentials. The User is responsible for all activity carried out through its Account.
3.6. The Provider may carry out additional verification of the accuracy and authenticity of the data provided and of the identity of the User or the person representing it. If verification is unsuccessful, the Provider may suspend or block the Account.
3.7. The Account is concluded for an indefinite period and may be terminated in accordance with section 17.
4. Teams
4.1. A User may either create a Team, be set up in a Team by the Provider, or join an existing Team by Invitation. A User may belong to only one Team at a time.
4.2. The Customer is the contracting party under these Terms with respect to its Team and is responsible for paying all Fees arising in connection with that Team. A Team may be created by the Customer or set up by the Provider on the Customer's behalf; in either case the Customer acts through the User designated as the Team's administrator, who provides the billing details and may invite further Users.
4.3. When creating a Team, the Customer provides at least a team name and selects a Team Region from the regions made available in the Service, namely:
- Europe
- North America
- Asia Pacific
- Latin America
- Middle East & Africa
4.4. The Team Region determines the billing currency applicable to the Team in accordance with section 8. The Team Region, once selected, cannot be changed.
4.5. A person may join a Team only on the basis of an Invitation, including an Invite Link sent by e-mail. The Invite Link is confidential. The Customer is responsible for the distribution of Invitations and Invite Links and for keeping them confidential and bears the consequences of their being shared with or used by any person.
4.6. Where the functionality is enabled, Mockups created within a Team may be visible to and accessible by other Team Members. The Customer acknowledges and accepts such visibility within its Team and is responsible for managing its Team accordingly.
4.7. The Customer is responsible for all acts and omissions of its Team Members and for all use of the Service made through its Team, as if they were the Customer's own.
4.8. The Customer may remove a Team Member from a Team, using the functionality made available in the Service. Upon a Team Member being removed, access by that Team Member to the Team and its Mockups ceases. Mockups created within the Team remain associated with the Team and the Customer, unless the Service provides otherwise.
5. Authority and Binding Orders
5.1. Any action taken through an Account, a Team, or by means of an Invite Link or Account credentials is deemed to be taken by the Customer and on the Customer's behalf, and is binding on the Customer.
5.2. By taking any action through the Service on behalf of the Customer — including placing an Order, upgrading, or ordering any paid Mockup or feature — the person taking that action represents and warrants that they are duly authorised to do so on behalf of the Customer. The Provider is entitled to rely in good faith on any such action and is not obliged to verify the internal authorisation of the person taking it.
5.3. The risk of any lack of internal authority of a person acting through the Customer's Account or Team rests with the Customer and not with the Provider.
5.4. The Customer may not refuse to pay any Fees, and may not avoid or reduce any obligation under these Terms, on the ground that the person who placed the relevant Order or took the relevant action within the Customer's Account or Team lacked internal authority, was not authorised, or exceeded their authority.
5.5. The placing of an Order constitutes acceptance of these Terms with respect to that Order and of the Fees displayed at the time of the Order, and constitutes the basis for the Provider to charge or invoice the corresponding Fees.
6. Customer Content and Mockups
6.1. The Customer is solely responsible for all Customer Content, including Ads, profile photos, and Mockup configurations, and for ensuring that it has all rights, licences, consents, and permissions necessary to provide, upload, and use the Customer Content within the Service.
6.2. The Customer is responsible for ensuring that any Advertised Media and other Customer Content meet the technical requirements indicated in the Service (for example, accepted file formats such as MP4/MOV for video and JPG/PNG for thumbnails, and any minimum video duration), and that the Customer holds all rights to the Advertised Media and to any ad metadata (such as title, and advertiser reference).
6.3. The Customer represents and warrants that the Customer Content, and the Provider's use of it as contemplated by these Terms, does not and will not infringe any Intellectual Property Rights, image rights, personal rights, or other rights of any third party, and does not violate any applicable law.
6.4. The Customer must not provide, upload, or configure any Customer Content that:
- is unlawful, or infringes the rights of any third party;
- contains the personal data of any third party without a valid legal basis;
- contains the image, likeness, voice, or other personal rights of any real person without that person's consent or another valid legal basis;
- contains malware or any harmful code; or
- is otherwise contrary to these Terms or the Acceptable Use rules in section 7; or
- is contrary to law, public order, or good morals, and in particular content that:
- incites or promotes violence, hatred, or discrimination on grounds of sex, sexual orientation, nationality, ethnic origin, race, religion, or the absence of religion;
- promotes totalitarian systems, terrorism, or other unlawful activities;
- is defamatory or insulting, or infringes the dignity, reputation, or personal rights of any person;
- is pornographic or harmful to minors;
- is false, misleading, or constitutes an unfair commercial practice, in particular as to the properties, origin, or price of goods or services; or
- advertises or promotes goods, services, or activities the trade in which is unlawful or restricted.
6.5. The Customer grants the Provider a non-exclusive, royalty-free licence to host, store, reproduce, display, and process the Customer Content solely to the extent necessary to provide the Service and to perform the Provider's obligations under these Terms.
6.6. As between the parties, the Customer retains all Intellectual Property Rights in the Customer Content. As between the parties, the Provider retains all Intellectual Property Rights in the Platform, the Mockup templates, and the Environment, in accordance with section 11.
6.7. The Provider may, but is not obliged to, review Customer Content. Any person may notify the Provider of Customer Content that they consider unlawful by writing to legal@bastody.com. The Provider may remove or disable access to Customer Content that it reasonably considers to be unlawful or in breach of these Terms, and will inform the Customer accordingly, unless prohibited by law.
7. Acceptable Use
7.1. The User must use the Service in accordance with these Terms, the Permitted Purpose, applicable law, and any instructions provided by the Platform.
7.2. The User must not:
- 7.2.1. use the Service other than for the Permitted Purpose, in particular must not publish, deploy, or otherwise make any Mockup available to the public, or use any Mockup as a live, operational, or public-facing website without the Provider's prior consent (making a Mockup available to recruited Respondents for the purposes of a study is permitted, as set out in the Permitted Purpose);
- 7.2.2. attempt to make any interaction within a Mockup navigate to, connect to, or retrieve content from any live third-party service, or otherwise direct any Respondent or other person to any live third-party service through a Mockup;
- 7.2.3. interfere with, disrupt, or compromise the integrity, security, or performance of the Service, or attempt to gain unauthorised access to it;
- 7.2.4. conduct penetration or performance testing without the Provider's prior written consent;
- 7.2.5. copy, modify, create derivative works of, decompile, or reverse-engineer the Platform or any part of it, except to the extent permitted by mandatory law;
- 7.2.6. use the Service to build a competing product or service, or to benchmark it for that purpose;
- 7.2.7. resell, sublicense, or otherwise make the Service available to any third party outside its Team without the Provider's prior written consent; or
- 7.2.8. use the Service in any unlawful manner, or in a manner that may damage the Provider's reputation or legitimate interests;
- 7.2.9. export, scrape, harvest, extract, or otherwise copy the Mockup, Mockup templates, the Environment, or any other materials provided by the Provider, for any purpose beyond the Permitted Purpose, or circumvent, disable, or attempt to circumvent any technical restriction or protection of the Service (including any restriction preventing interactions within a Mockup from connecting to a live third-party service); or
- 7.2.10. use any Mockup or the Service for any deceptive or fraudulent purpose, including phishing, impersonation, or misleading any person, or in any manner outside a bona fide research context.
7.3. Each Mockup may be used for one research study only. The Customer must not reuse the same Mockup for more than one study. Use of a Mockup for a further study requires a new Order and is subject to a separate Fee.
7.4. The Provider may take the measures set out in section 18 in the event of a breach of this section.
8. Fees and Payment
8.1. The Fees applicable to an Order are those displayed in the Service at the time the Order is placed. The Provider may change the Fees from time to time; a change of Fees does not affect Orders already placed.
8.2. The currency of the Fees depends on the Team Region selected when the Team is created (Europe; North America; Asia Pacific; Latin America; or Middle East & Africa) and is displayed to the User before the Order is placed. The Team Region, once selected, cannot be changed, and accordingly the billing currency associated with it cannot be changed.
8.3. The chargeable elements of the Service and the applicable billing model – which may include per-Mockup charges, add-on fees, or a subscription – are set out in the Fees Schedule and/or displayed in the Service. Depending on the options made available, Fees are paid by card via the Payment Service Provider or by bank transfer on the basis of an invoice issued by the Provider.
8.4. The Customer must pay each invoice within 14 days of its date. In the event of late payment, the Provider may suspend the Service until payment is made in full.
8.5. The Customer must provide, and keep accurate and up to date, the billing details required for the Provider to charge the Fees or to issue an invoice. Invoices are issued by the Provider to the Customer, and the Customer agrees to receive invoices in electronic form. The Provider is not responsible for any consequences of the Customer providing incorrect or outdated billing details.
8.6. All Fees are exclusive of VAT and any other applicable taxes, which are added where required by law. The Customer is solely responsible for any taxes arising on its side in connection with its use of the Service.
8.7. Except as required by mandatory law, Fees paid are non-refundable, in particular where a Research Mockup has been produced or made available.
9. Service Levels and Support
9.1. The Provider provides support in connection with the Service by e-mail at support@bastody.com, on Business Days during the Provider's standard support hours as indicated in the Service.
9.2. A User may report Errors to the Provider at the address set out in clause 9.1. The Provider will handle reports with due care and, so far as reasonably practicable, will prioritise them according to the severity of the Error (Critical, Material, or Minor).
9.3. The Provider will use reasonable efforts to address reported Errors within a reasonable time. Except as expressly agreed in writing with the Customer in a separate agreement, the Provider gives no guaranteed response times, repair times, availability, or uptime commitments.
9.4. Where the Provider is unable to remedy an Error promptly, it will, where feasible, apply a temporary workaround.
10. Maintenance and Changes to the Service
10.1. As the Service is an IT system operated by the Provider, the Provider may carry out technical and maintenance work, which may result in temporary unavailability of the Service. Where maintenance is planned, the Provider will give the User reasonable advance notice where practicable.
10.2. The Provider may, in particular, introduce new features, and change or remove existing features, of the Service, including in order to improve the Service, to adapt it to legal or market changes, or for security reasons.
10.3. The Provider may test new or existing features, processes, or changes to the Service. Tests will be conducted only to the extent and for the time necessary.
11. Intellectual Property
11.1. The Platform, the Mockup templates, the Environment, and all other materials made available by the Provider, as well as the Service as a whole, are protected by Intellectual Property Rights belonging to the Provider or its licensors. Nothing in these Terms transfers any Intellectual Property Rights in the foregoing to the Customer or any User.
11.2. Subject to the Customer's compliance with these Terms and payment of the applicable Fees, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable licence to use the Platform and the Mockups solely for the Permitted Purpose and for the duration of the Customer's use of the Service, within the following fields of exploitation:
- accessing and displaying the Platform and the Mockups on the Customer's devices;
- reproduction to the extent technically necessary for such access and display; and
- in respect of a Mockup, presenting it to Respondents and exporting or downloading it for the Customer's internal research purposes.
11.3. Use of the Service by the User is permitted only to the extent necessary for the proper use of the Service for the Permitted Purpose. Any use exceeding that scope requires the Provider's prior written consent.
11.4. As between the parties, the Customer retains all Intellectual Property Rights in the Customer Content and grants the Provider the licence set out in clause 6.5.
11.5. A Mockup incorporates the Mockup templates, the Environment, and other materials of the Provider, which are licensed to the Customer under clause 11.2. The Customer may use the resulting Mockup for the Permitted Purpose, but does not, by ordering, paying for, or using a Mockup, acquire any ownership of or other Intellectual Property Rights in the Mockup templates, the Environment, the Platform, or any other materials of the Provider. The Customer's rights in the Customer Content are not affected.
11.6. The Provider may collect, use, and retain data relating to the provision and use of the Service, including usage data and Respondent Data, in anonymised and/or aggregated form that does not identify the Customer, any User, or any individual, for any lawful purpose, including operating, securing, and improving the Service, developing new features, producing statistics and benchmarks, and other internal business purposes. The Provider may retain and use such anonymised and/or aggregated data after termination.
11.7. If a User provides the Provider with any feedback, suggestions, or ideas concerning the Service, the Provider may use them freely and without restriction or compensation, including to operate, improve, and develop the Service, and the User grants the Provider a perpetual, irrevocable, worldwide, royalty-free licence to use such feedback for any purpose.
12. Data Protection
12.1. The Provider processes personal data in accordance with applicable data protection law, including Regulation (EU) 2016/679 (GDPR). Information on the processing of personal data is set out in the Privacy Policy.
12.2. To the extent the Provider processes personal data on behalf of the Customer in connection with the Service, such processing is governed by a data processing agreement (DPA) between the parties.
12.3. The Customer is responsible, as data controller, for all processing of personal data carried out by it or on its behalf in connection with its research, including in relation to Respondents. The Customer warrants that it has a valid legal basis for, and complies with all applicable law in relation to, the recruitment of Respondents and any processing of their personal data, and that it provides all required information to Respondents.
12.4. Respondent Data is collected in anonymised and/or aggregated form. The Provider's aim is to collect and make available Respondent Data in such form. The parties nonetheless acknowledge that certain data collected within a Mockup (such as IP addresses, device or other online identifiers, or interaction data) may constitute personal data of Respondents. To the extent it does, the Customer is the controller of such data and clause 12.3 applies.
12.5. The Provider is the controller of the personal data of Users (including the persons who create or join a Team) that it processes for its own purposes in connection with the Service, in particular for the purposes of account registration and management, providing the Service, billing and payments, communication, security, and compliance with the Provider's legal obligations. Such processing is described in the Privacy Policy.
13. Beta
13.1. Where the Service, or any feature or Mockup type, is made available as Beta, it is provided on an "as is" and "as available" basis, for evaluation purposes, and may be incomplete, may contain Errors, and may be changed, suspended, or discontinued at any time.
13.2. To the maximum extent permitted by law, the Provider gives no warranties of any kind in respect of any Beta, and the service levels in section 9 do not apply to any Beta.
13.3. The Provider may at any time and without liability modify, withdraw, or cease to provide any Beta, or make it generally available on different terms.
13.4. Mockups, configurations, and other data created during a Beta may be reset, removed, or not carried over when the relevant feature ceases to be a Beta or becomes generally available. The Provider will give reasonable notice where practicable.
14. Warranties, Disclaimers, and Permitted Purpose
14.1. The Customer acknowledges and agrees that:
- the Mockups are simulations that replicate the look and feel of third-party platforms for research purposes only;
- it will use the Service and the Mockups strictly for the Permitted Purpose, and in particular will not publish, deploy, or make any Mockup available to the public, and will ensure that interactions within a Mockup remain self-contained and do not connect to any live third-party service; and
- it uses the Service and the Mockups on this basis and assumes the risk associated with such use.
14.2. The Provider is not affiliated with, endorsed by, or sponsored by any third-party platform whose look and feel may be replicated within a Mockup. All trademarks, logos, and other signs of any such third party belong to their respective owners, and any reference to them within a Mockup is for the sole purpose of simulation in research.
14.3. A Mockup is a visual simulation only. Content displayed within a Mockup or the Environment (including any videos, video thumbnails, posts, or other elements presented in the style of a third-party platform) is not fetched, embedded, streamed, hyperlinked, or otherwise sourced from any third-party platform, and no live content of any third-party platform is retrieved, accessed, or used by the Service. Although Respondents may interact with a Mockup and such interactions may be measured for research purposes, those interactions are self-contained within the Mockup and do not play, retrieve, or connect to any live third-party content or service.
14.4. To the maximum extent permitted by law, the Service is provided "as is" and "as available", and the Provider gives no warranties of any kind, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
14.5. The Customer is solely responsible for ensuring that its use of the Service, including its choice to conduct research using Mockups that replicate third-party platforms, complies with all law and third-party rights applicable to the Customer, and the Customer assumes the risk thereof.
14.6. The Customer is solely responsible for the results obtained from its use of the Service and for any conclusions, decisions, or actions it takes based on a Mockup or on the related research.
14.7. The Customer must indemnify and hold the Provider harmless from and against any claims, losses, damages, liabilities, and costs (including reasonable legal costs) arising out of or in connection with:
- (a) the Customer Content, including any Ad;
- (b) the Customer's breach of these Terms, including the Permitted Purpose;
- (c) the Customer's research and its relationship with Respondents; or
- (d) the Customer's breach of any law or third-party rights.
15. Limitation of Liability
15.1. To the maximum extent permitted by law, the Provider is not liable for:
- any indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of goodwill, or loss or corruption of data;
- any loss arising from the Customer's use of the Service other than for the Permitted Purpose, or from any Customer Content;
- any claim brought against the Customer by a third party in connection with a Mockup or its use; or
- interruptions or unavailability of the Service resulting from causes beyond the Provider's reasonable control, including Force Majeure, failures of network infrastructure or third-party providers, or the User's equipment.
15.2. To the maximum extent permitted by law, the Provider's total aggregate liability arising out of or in connection with these Terms is limited to the total Fees paid by the Customer to the Provider in the 1 month preceding the event giving rise to the liability.
16. Force Majeure
16.1. The Provider is not liable for any failure or delay in performing its obligations to the extent caused by Force Majeure, including natural disasters, failures of power or telecommunications systems, cyber-attacks (including DDoS attacks), acts of war, epidemics, riots, strikes, or other unforeseeable events beyond the Provider's reasonable control arising after acceptance of these Terms.
17. Term and Termination
17.1. The Customer may terminate the agreement for the Account by ceasing to use the Service and deleting its Account, subject to the payment of any Fees already due.
17.2. The Provider may suspend or terminate the Service, an Account, or a Team in accordance with section 18, or on 30 days' notice, or with immediate effect where required for legal or security reasons or in the event of a material breach of these Terms by the User.
17.3. Termination does not affect any Fees already due or any rights or liabilities accrued before termination.
18. Suspension and Blocking
18.1. The Provider may, acting proportionately, suspend or block an Account or a Team, restrict access to specific features, or remove Customer Content, where it identifies or reasonably suspects:
- a breach of these Terms;
- a threat to the security or integrity of the Service;
- an infringement of third-party rights;
- non-payment of Fees; or
- unlawful conduct.
18.2. Where practicable and not contrary to law or security, the Provider will inform the affected User, on a durable medium (in particular by e-mail), of the reasons for a measure taken under clause 18.1.
18.3. Suspension or blocking does not release the Customer from its obligation to pay Fees already due.
19. Complaints
19.1. The Customer's complaints regarding the operation of the Service should be sent to the Provider at support@bastody.com and should include the e-mail address associated with the Account and a description of the circumstances giving rise to the complaint.
19.2. The Provider will handle complaints within 14 days of receipt and will respond by e-mail to the address provided. Where the information provided is insufficient, the Provider may ask the Customer to supplement it.
20. Amendments
20.1. The Provider may amend these Terms, in particular in order to adapt the Service to changes in law or to decisions of competent authorities; to improve the functionality or security of the Service; to update contact or registration details; or to remove ambiguities or Errors.
20.2. The Provider will notify the User of amendments by publishing them in the Service and by sending information to the e-mail address associated with the Account. Amendments take effect on the date indicated by the Provider, not earlier than 14 days after the notice, except where a shorter period is required by law, by an authority, or for security reasons, or where the amendment is beneficial to the User.
20.3. Continued use of the Service after an amendment takes effect constitutes acceptance of the amendment. A User who does not accept an amendment may terminate in accordance with section 17. Amendments do not affect Orders already placed.
21. Governing Law and Disputes
21.1. These Terms, and any contract concluded under them, are governed by the law of the Republic of Poland.
21.2. The parties will seek to resolve any dispute amicably. Any dispute that cannot be resolved amicably is subject to the jurisdiction of the Polish common court having jurisdiction over the registered office of the Provider.
22. Final Provisions
22.1. If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions continue in effect, and the invalid or unenforceable provision is replaced by a valid provision that most closely reflects its commercial intent.
22.2. The Customer may not assign or transfer its rights or obligations under these Terms without the Provider's prior written consent.
22.3. These Terms are made in the English language, which is the binding and governing version. Any translation into another language is provided for convenience only and has no legal effect; in the event of any discrepancy, the English-language version prevails.
22.4. Notices to the Provider should be sent to support@bastody.com. Notices to the User are sent to the e-mail address associated with the Account. A notice sent by e-mail is deemed received on the Business Day after it is sent, unless the sender receives a delivery-failure message.
22.5. These Terms are effective as of 2026.03.01.
