Madebyu platform terms of use

1. Platform operator

The operator of the online platform available at madebyu.dev (“Madebyu”, the “Platform”) is:

BOGDAO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

Tumlin-Podgród 52A, 26-085 Miedziana Góra, Poland

• KRS: 0000835835
• NIP: 9592032730
• REGON: 385852644

hereinafter “Madebyu”, the “Operator”, or the “Service Provider”.

Contact: hello@madebyu.dev

These Terms set out the rules for using Madebyu, in particular creating accounts and projects, building websites, publishing content, selling products and services, using payments, managing customers, digital materials, events, courses, programs, memberships, and other Platform features.

2. Definitions

• Platform User – a natural person conducting business, a legal person, an organisational unit, or another user who uses Madebyu to create and run their own project, website, offer, or sales.
• Customer – a person who purchases a product or service offered by a Platform User.
• Project – a Platform User space created in Madebyu, including among other things a website, products, content, customers, payment configuration, and other features.
• Product – a product or service offered by a Platform User, in particular a course, program, membership, subscription, event, retreat, consultation, service, digital content, or other offer.
• Connected Account – a Stripe account belonging to the Platform User and connected to the relevant Project through Stripe Connect.

3. Nature of Madebyu

Madebyu is a SaaS technology platform.

Madebyu enables Platform Users to create their own websites, publish content and offers, manage customers, and sell their own Products.

Unless expressly stated otherwise for a specific transaction, Madebyu is not the seller of a Product offered by a Platform User to a Customer.

The seller is the Platform User identified with the relevant offer.

The contract for the purchase of a Product is concluded directly between: Platform User ↔ Customer.

Madebyu provides the technical infrastructure that enables that transaction to be concluded and performed.

The Platform User is solely responsible for their own activity, offer, products, performance of services, legal compliance, and obligations towards Customers.

4. Platform User account

Using Platform features may require creating an account.

The Platform User undertakes to provide true, complete, and up-to-date information.

Where the Platform User conducts sales, they may be required to provide, among other things:

• full company name
• first and last name
• business address
• country of business
• NIP/VAT ID or another applicable tax number
• contact details
• information required by Stripe or by law

The Platform User is responsible for the security of their account and for access granted to other people.

5. 7-day trial

Madebyu may offer new Platform Users a 7-day free trial with no card. After it ends, continuing to edit requires a card and a paid plan.

The exact scope of the trial, whether a payment method is required, and the rules for converting the trial into a paid plan are presented to the Platform User before the trial is activated.

If the trial requires a payment method and a paid subscription is to start automatically after the trial ends, the Platform User must be clearly informed of this before activation, in particular of the price and frequency of subsequent charges.

If the Platform User cancels the trial in accordance with the conditions presented at activation, before the paid period starts, the next charge will not be collected.

6. Madebyu plans

Madebyu may offer the following plans:

Instructor

129 PLN per month. Madebyu transaction fee: 1.4%.

Pro Trainer

259 PLN per month. Madebyu transaction fee: 1.2%.

Learning Platform

869 PLN per month. Madebyu transaction fee: 1.0%.

The features and limits of each plan are set out in the current price list available on the Platform.

Prices displayed at purchase indicate whether and to what extent they include applicable taxes.

Madebyu may offer individual prices, discounts, promotional periods, additional limits, and an individual transaction fee rate.

If an individual rate has been assigned to a Platform User, it takes precedence over the standard rate resulting from the plan.

7. Madebyu subscription

The subscription fee for using Madebyu is a separate transaction from the sale of Products by the Platform User.

In this case: Platform User → pays Madebyu → Madebyu provides the SaaS service.

The subscription fee belongs to Madebyu and is not a Customer payment for a Platform User Product.

If the plan renews automatically, the fee is collected according to the frequency stated at purchase until the subscription is cancelled.

The Platform User may cancel automatic renewal using the functionality available on the Platform.

Cancellation does not cause loss of access before the end of an already paid period, unless mandatory law or specific offer terms provide otherwise.

8. Stripe Connect

Madebyu uses Stripe Connect so that Platform Users can accept payments from their own Customers.

A Platform User may be required to connect their own Stripe account to a specific Project.

A Platform User who already has a Stripe account should, to the extent supported by the current Stripe Connect configuration, be able to use that existing account instead of creating another account solely for Madebyu.

Stripe may require identity, business, or bank-account verification, or other information required by payment regulations, AML/KYC rules, or Stripe’s terms.

Madebyu does not store full Customer payment card data.

Use of Stripe is also subject to the applicable Stripe terms and policies.

9. Customer → Platform User payments

In the model adopted by Madebyu, the Platform User is the seller of their Product.

For payments handled as Stripe Connect direct charges, the Customer payment is created on the Platform User’s Connected Account.

In that case Madebyu does not receive the full Product price as its own revenue from the sale of the Product.

Madebyu collects only the transaction fee due to the Platform, in particular through a Stripe application fee.

Example

• Customer pays: 500 PLN
• Instructor plan: 1.4%
• Madebyu fee: 7 PLN

The remainder of the payment belongs to the Platform User, taking into account applicable Stripe fees, taxes, refunds, chargebacks, or other amounts related to the transaction.

The exact settlement of Stripe fees depends on the Connected Account and Stripe Connect configuration.

10. Madebyu transaction fee

The transaction fee is calculated on the actual value of the fee-bearing transaction in accordance with the terms of the relevant plan.

If a valid discount is applied, the fee should be calculated on the price actually paid, unless the terms of a specific offer provide otherwise.

Example

• Price: 500 PLN
• Discount: 20%
• Customer pays: 400 PLN
• Madebyu fee 1%: 4 PLN

Calculations are made in the transaction currency, applying the applicable rounding rules.

11. Stripe fees

The Madebyu fee is not the same as the payment-processing fee charged by Stripe.

Stripe may charge its own fees under the agreement between Stripe and the relevant party and the Stripe Connect configuration.

The Platform User should review Stripe’s current terms and pricing.

Madebyu does not guarantee that fees charged by third-party payment providers will remain unchanged.

12. Platform User responsibility towards the Customer

The Platform User is responsible for the Products they offer.

This includes in particular:

• accuracy of the offer description
• correct pricing
• performance of the Product
• quality and availability of the Product
• dates of events and services
• consumer rights
• withdrawals from the contract
• complaints
• refunds
• taxes
• invoices or other sales documents
• required licences, consents, and permissions
• lawfulness of content
• copyright and other intellectual property rights

The Platform User may not present Madebyu as the seller of their Product if Madebyu is not the seller.

13. Consumer rights

If the Customer is a consumer, the Platform User must provide all rights arising from the applicable consumer laws.

This includes in particular information duties, complaints, the right of withdrawal, rules for digital content, and price information.

The Platform User is responsible for correctly determining whether and when the right of withdrawal may be excluded or lost for a specific Product.

Madebyu may provide technical tools that help fulfil these duties, but providing functionality is not legal advice and does not transfer the seller’s responsibility to Madebyu.

14. Refunds

Whether a Product price should be refunded to the Customer is decided by the Platform User in accordance with their contract with the Customer and applicable law.

Madebyu may provide a technical function to execute a refund through Stripe.

For direct charges, a refund is charged to the relevant Connected Account in accordance with Stripe’s rules.

How Madebyu’s application fee is settled on a refund depends on Madebyu’s rules, applicable law, and the technical method of executing the refund.

If, under the adopted policy, the application fee is to be returned, the Platform may make the corresponding technical adjustment.

A refund, chargeback, or cancelled transaction may correspondingly reduce the Platform User’s balance or amounts due.

15. Chargebacks and payment disputes

A Customer may dispute a payment in accordance with the rules of their bank, card issuer, and Stripe.

The Platform User undertakes to cooperate in handling disputes concerning their Products and to provide required evidence that the service was performed.

The costs of chargebacks, refunds, and negative balances are borne by the party determined by the applicable Stripe Connect configuration, Stripe’s terms, and applicable law.

16. Invoices, receipts, and VAT

The Platform User is the seller of their own Products and is responsible for the correct tax treatment of those sales.

The Platform User is responsible in particular for:

• determining their tax status
• the correct VAT or other tax rate
• determining the place of taxation
• the accuracy of their business details
• issuing required sales documents
• filing returns and paying taxes due

If Madebyu generates a sales document relating to a Platform User Product, it acts as a technical tool, and the document should identify the Platform User as the seller where that follows from the nature of the transaction.

The Platform User is responsible for the accuracy of the data used to issue the document.

Separately, BOGDAO sp. z o.o. issues documents for its own services provided to the Platform User, in particular the Madebyu subscription and other fees due to Madebyu, in accordance with applicable law.

17. Personal data — basic allocation of roles

Personal data is protected in accordance with the GDPR and other applicable laws.

Depending on the specific process, BOGDAO sp. z o.o. may act as a data controller or as a processor.

Madebyu as controller

BOGDAO sp. z o.o. is generally the controller of data processed for its own purposes, including among other things:

• creating and operating a Platform User account
• concluding and performing the agreement to use Madebyu
• charging the Madebyu subscription and fees
• accounting and tax obligations
• Platform security
• preventing abuse
• handling complaints
• complying with legal obligations
• establishing, pursuing, and defending legal claims

Platform User as controller

For data of their Customers used by the Platform User to carry out their own sales, programs, events, newsletters, or customer relationships, the Platform User is generally the controller if they determine the purposes and means of that use.

Madebyu as processor

If Madebyu stores or processes Customer data solely on behalf of the Platform User and in accordance with their documented instructions, Madebyu acts as a processor.

In that case a data-processing agreement consistent with Article 28 GDPR applies.

18. Platform User GDPR obligations

The Platform User undertakes to process personal data in accordance with applicable law.

The Platform User is responsible in particular for:

• having an appropriate legal basis for processing
• providing Customers with appropriate privacy information
• collecting consents where required
• conducting marketing and newsletters lawfully
• fulfilling data-subject rights
• limiting data to what is necessary
• not introducing into the Platform data they are not entitled to process

Importing a customer or newsletter list into Madebyu means the Platform User represents that they have an appropriate legal basis to use that data for the stated purpose.

Madebyu’s technical ability to import a list does not confirm that the list is lawful.

19. Special-category data

The Platform User should not use Madebyu to process special-category data, in particular data concerning health, racial or ethnic origin, political opinions, religion, sexuality, or genetic and biometric data, unless Madebyu expressly permits such use and there is an appropriate legal basis and safeguards.

Madebyu features should not be interpreted as intended for storing medical records, unless Madebyu expressly introduces an appropriate feature and terms.

20. Data security

Madebyu applies technical and organisational measures appropriate to the risk to protect data against accidental or unlawful destruction, loss, alteration, disclosure, or access.

The Platform User is also responsible for the security of their account, devices, access credentials, and people who have access to their Project.

The Platform User should promptly notify Madebyu of any suspected unauthorised access.

21. Sub-processors and providers

Madebyu may use infrastructure providers and subcontractors necessary to provide the services, in particular providers of:

• payments
• hosting and cloud infrastructure
• databases
• authentication
• file and video storage
• email delivery
• analytics and security

If a provider processes data on behalf of Madebyu in a processor relationship, Madebyu provides the legally required mechanisms for commissioning and protecting that data.

The current list of sub-processors may be published in a separate document.

22. Transfers of data outside the EEA

If data is transferred outside the European Economic Area, Madebyu applies an appropriate transfer mechanism required by the GDPR where such a mechanism is required, for example an adequacy decision or standard contractual clauses.

Details should be described in the Privacy Policy and the list of sub-processors.

23. Data-subject rights

A data subject may have rights under the GDPR, including as applicable:

• access to data
• rectification
• erasure
• restriction of processing
• data portability
• objection
• withdrawal of consent
• lodging a complaint with the competent supervisory authority

If Madebyu receives a request concerning data for which the Platform User is the controller, Madebyu may forward the request to the Platform User or support them in handling it in accordance with the processing agreement.

24. Retention and deletion of data

Data is stored for the period necessary to fulfil the purpose for which it was collected, and for the period required by law or needed to establish, pursue, or defend legal claims.

After termination of the agreement, Madebyu may delete or return data processed solely on behalf of the Platform User, in accordance with the processing agreement, except for data that must continue to be stored by law.

Detailed retention periods are set out in the Privacy Policy or an internal retention policy.

25. Newsletters and marketing

The Platform User may use Madebyu mailing features only in accordance with the law.

The Platform User may not send spam or messages to people for whom they do not have an appropriate legal basis.

The mechanism for unsubscribing from marketing communications must be respected.

Madebyu may suspend mailing features in the event of a high level of spam reports, abuse, or legal violations.

26. Prohibited content

It is prohibited to use Madebyu to publish, sell, or distribute content or Products that are:

• unlawful
• infringing third-party rights
• infringing copyright, trademarks, or other intellectual property rights
• fraudulent or misleading
• used for phishing or obtaining data by deception
• containing malware or harmful code
• inciting violence or the commission of a crime
• related to the sexual exploitation of children
• constituting illegal pornography
• offering illegal goods or services
• violating economic sanctions or AML rules
• unlawfully using personal data
• creating a material threat to the security of the Platform or its users

Madebyu may specify a more detailed Acceptable Use Policy.

27. Reporting unlawful content

Madebyu may provide a mechanism for reporting content, Products, or activity that the reporter considers unlawful.

Reports should enable appropriate identification of the content and the reasons why the reporter considers it unlawful.

Madebyu reviews reports in accordance with applicable law, including — where applicable — the Digital Services Act.

28. Moderation and restriction of content

Madebyu may restrict visibility, remove, or block content, a Product, or a Project if there are reasonable grounds to conclude that it:

• violates the law
• violates these Terms
• infringes third-party rights
• constitutes fraud or a threat
• may expose Madebyu, Stripe, or users to material legal or security risk

Where required by law, Madebyu provides the Platform User with the reasons for the decision and information about available remedies.

29. Account suspension

Madebyu may suspend a Platform User account in particular in the event of:

• a material breach of these Terms
• non-payment of amounts due to Madebyu
• suspected fraud
• illegal activity
• a security threat
• infringement of Customer or third-party rights
• abuse of the payment system
• spam
• circumvention of Madebyu fees
• a request by a competent authority
• the need to protect the Platform or other users

If the nature of the breach allows, Madebyu may first call on the Platform User to remedy it.

In urgent cases or those involving security, fraud, or unlawfulness, the account may be restricted immediately.

30. Effects of suspension

Suspension may include:

• inability to publish
• blocking new checkouts
• restricting access to selected features
• disabling message sending
• hiding the Project
• other proportionate restrictions

Madebyu should not, without a legal basis, take funds belonging to the Platform User.

Funds in the Connected Account remain settled in accordance with Stripe’s rules and applicable law.

31. Termination by the Platform User

The Platform User may stop using Madebyu and cancel the subscription using the Platform functionality.

Cancelling future renewals does not automatically refund fees for an already started period, subject to mandatory law.

Before closing the account, the Platform User should download any data they wish to keep, to the extent the Platform allows export.

32. Termination by Madebyu

Madebyu may terminate the agreement in the event of a material or repeated breach of these Terms or the law.

Unless urgent action is required, Madebyu may first notify the Platform User of the breach and allow a reasonable time to remedy it.

Immediate termination may occur in the event of serious fraud, unlawful activity, a security threat, or other circumstances justifying immediate action.

33. Data after the end of the agreement

After the agreement ends, the Platform User loses the right to continue using Platform features covered by the subscription.

Madebyu may provide a defined period enabling data export, if this is technically possible and lawful.

Accounting, tax, transaction, security, or claims-related data may be stored longer if required or permitted by law.

34. Transaction history

Disconnecting Stripe or closing a Project should not automatically delete historical information about orders, refunds, invoices, and other transactions if continued storage is necessary to fulfil legal obligations, settlements, or the defence of claims.

Disconnecting Stripe may prevent accepting new payments.

35. Ownership of Platform User content

The Platform User retains the rights to their own content.

The Platform User grants Madebyu a non-exclusive licence to the extent necessary to store, process, display, technically copy, and make content available in order to provide Madebyu services.

The licence does not authorise Madebyu to independently sell the Platform User’s content.

The Platform User represents that they have the rights necessary to publish the content they submit.

36. Madebyu ownership

The software, brand, interface, code, design elements, and other materials belonging to Madebyu are protected by law.

Using the Platform does not transfer Madebyu’s intellectual property rights to the Platform User.

37. Platform availability

Madebyu uses due care to keep the Platform working properly, but does not guarantee uninterrupted availability.

Interruptions may result, among other things, from maintenance, updates, infrastructure failures, or the actions of external providers.

This provision does not exclude liability that cannot be excluded under the law.

38. Limitation of liability

To the extent permitted by law, Madebyu is not liable for how the Platform User conducts their business, or for the quality, lawfulness, or performance of Products sold by the Platform User.

Madebyu is not a party to the Product sales contract between the Platform User and the Customer, unless expressly stated otherwise.

Nothing in these Terms limits liability to the extent that exclusion or limitation would be impermissible under mandatory law.

39. Changes to the Terms

Madebyu may change these Terms for justified reasons, in particular due to changes in law, features, security, the business model, providers, or the way services are provided.

Users will be informed of material changes with appropriate notice if required by law or by the nature of the change.

A change does not operate retroactively against rights already acquired, unless that follows from applicable law.

40. Governing law

These Terms are governed by Polish law, subject to mandatory provisions applicable to the relevant user.

The choice of Polish law does not deprive a consumer of the protection granted by the mandatory provisions applicable in their country of habitual residence.

41. Contact

For matters concerning Madebyu: hello@madebyu.dev

Operator:

BOGDAO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

Tumlin-Podgród 52A, 26-085 Miedziana Góra, Poland

• KRS 0000835835
• NIP 9592032730
• REGON 385852644