Terms of Service Talent.pl

Effective date: 15.09.2026
Service Provider / Data Controller: Kancelaria Prawnicza dr Wiktor Czeszejko-Sochacki radca prawny, ul. Nowogrodzka 62C lok. 47, 02-002 Warszawa, Tax ID (NIP) 1181598012.
Service: Talent.pl
Contact: contact@talent.pl

§1. General provisions

1. These terms of service, hereinafter the “Terms of Service”, set out the rules for using the Talent.pl website, the rules for providing electronic services, the rules for concluding and performing agreements, the conditions for using the digital content generation features, the rules for publishing and licensing content, the complaints procedure and the basic rights and obligations of users.

2. Talent.pl is a creative and marketplace website which enables, in particular, real-time generation of HD images and the presentation and licensing of digital works, including content generated or co-generated using artificial intelligence tools, hereinafter “AI”.

3. These Terms of Service constitute the terms for the provision of electronic services within the meaning of the applicable laws and apply to all users of the Service.

4. The condition for using the Service is reading and accepting these Terms of Service and accepting the other documents applicable to a given service, in particular the privacy policy, the cookie policy, the description of the offer and the information on digital services and the right of withdrawal.

5. The Service is aimed primarily at users from the European Union and the European Economic Area; users from outside these areas are obliged to ensure on their own that their use of the Service complies with the law applicable in their jurisdiction.

§2. Definitions

For the purposes of these Terms of Service, the following terms have the following meanings:

1. Service — the Talent.pl online platform available at the Talent.pl domain, enabling the use of digital services, including HD image generation, publishing content and licensing digital works.

2. User — a natural person, legal person or organisational unit using the Service; the term includes a consumer, a business and a business with consumer rights, in the cases provided for by law.

3. Account — an individual panel assigned to a user, created as a result of registration, enabling the use of additional features of the Service.

4. Creator — a user who publishes or offers content in the Service for the purpose of presenting, sharing or licensing it.

5. Buyer — a user who purchases paid access to content or services available in the Service.

6. Content — any digital materials posted, presented, generated or made available in the Service, in particular images, graphics, texts, files, descriptions, comments and other digital materials.

7. AI Content — content generated in whole or in part using artificial intelligence models made available through the Service.

8. Input materials — prompts, descriptions, photos, references, inspirations, files and other data provided by the user as the basis for generating content.

9. Start Plan, Creator Plan, Agency Plan — service plans on a monthly or annual cycle, including the respective HD image limits set out in the current price list published in the Service.

10. Subscription — a paid model for using the features of the Service, under which the user receives a specific HD image generation limit or another scope of digital services in accordance with the current offer.

11. Licence Model S — a non-exclusive licence with a standard scope of use of the work, in accordance with the terms of the offer and the annexes to these Terms of Service.

12. Licence Model R — a non-exclusive licence with an extended scope of use of the work, in accordance with the terms of the offer and the annexes to these Terms of Service.

13. Special Licence Model — another licence model described individually in the offer.

14. Working day — a day from Monday to Friday, excluding public holidays in Poland.

15. AI Act or Artificial Intelligence Act — Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence, including the transparency obligations concerning content generated or manipulated by AI systems set out in Art. 50 of that Regulation.

16. KSeF — the National e-Invoicing System (Krajowy System e-Faktur), a central IT system for issuing, sending and storing structured invoices, operated by the Polish Ministry of Finance on the basis of the Act on Value Added Tax.

§3. Scope of services

1. Through the Service, the Service Provider enables users, in particular, to: create and maintain an account, generate HD images in real time, publish content, present content in the Service, conclude licence agreements, use paid service plans, make payments, submit complaints and report infringements.

2. The core digital service of the Service is real-time HD image generation; the Service may also offer marketplace, publishing and digital work licensing features.

3. AI Content generation is a digital service performed immediately after being ordered by the user, for example after entering a prompt and starting the generation.

4. The scope and nature of the immediate provision of services, including the consequences for the right of withdrawal, are communicated to the user before placing an order or starting the generation.

5. The Service Provider may also offer additional products and services, including educational materials, experimental features, newsletters or solutions for creators and B2B clients, on the terms described in the Service or in separate documents.

§4. Technical requirements

1. Using the Service requires: a device with Internet access, an up-to-date web browser, an active e-mail address and cookies enabled to the extent necessary for the proper operation of the Service.

2. The Service Provider makes every effort to ensure that the Service is available continuously; however, technical, maintenance, development or security-related interruptions are permitted.

3. The Service Provider does not guarantee the compatibility of the Service with all hardware and software configurations of users.

§5. Registration and account

1. An Account is created by correctly completing the registration form, providing the required data (at least an e-mail address and password) and accepting the Terms of Service and the Privacy Policy.

2. Upon confirmation of registration, an agreement for the provision of electronic services in the scope of maintaining the account is concluded.

3. The user is obliged to provide true and up-to-date data and to update it in the event of any change.

4. It is prohibited to share login details with third parties, to use one account by more than one person, except where expressly permitted by the offer, and to create accounts using fictitious data or the data of others without the required consent.

5. The Service Provider may block an account or restrict the use of the Service in the event of a material breach of the Terms of Service, the law or security rules, or a justified suspicion of abuse.

§6. Prices, plans and billing

1. The Service offers a simple pricing model for the real-time HD image generation service.

2. The user may use the service under one of the service plans indicated in the current price list, available on a monthly or annual cycle.

3. As at the effective date of this version of the Terms of Service, the current price list provides for: the Start plan at PLN 38 per month with a limit of 100 HD images per month, the Creator plan at PLN 98 per month with a limit of 250 HD images per month and the Agency plan at PLN 699 per month with a limit of 1,500 HD images per month.

4. Service plans may be available in an annual version. If annual billing is selected, the user pays in advance for 12 months of using the selected plan at a rate that takes into account the discount indicated in the current price list, in particular a 20% discount compared to the monthly rate. Detailed terms, including the rules for cancellation and any refund of a proportional part of the fee for unused full months, are set out in the current price list or the description of the offer.

5. Statements regarding the effective cost of a single image are informational and auxiliary; the binding terms remain the plan price, the number of images included in the plan and the other conditions set out in the current price list or the description of the offer.

6. As a rule, unused limits expire at the end of the billing period, unless the offer expressly provides otherwise.

7. Payments in the Service are made through payment operators or other channels indicated when placing an order.

8. The Service Provider may issue electronic invoices, and acceptance of the Terms of Service constitutes consent to receiving them in this form.

9. In the event of late payment, the Service Provider may suspend the provision of services or restrict access to features until the amount due is paid.

10. Current prices, limits, commissions, additional fees and other billing parameters are always indicated in the Service, in particular in the price list, the plan description, the user panel or a separate offer, and this information is binding for a given transaction.

11. The Service Provider, as a VAT payer, ensures that structured invoices can be received via the National e-Invoicing System (KSeF) and issues invoices in KSeF.

12. Invoices issued by the Service Provider via KSeF comply with the FA(3) logical structure applicable in the National e-Invoicing System. Invoices are made available to the User in the Account panel and, to the extent required by law, via KSeF; the acceptance of the Terms of Service referred to in section 8 also includes consent to this method of making invoices available.

13. From 1 August 2026, in accordance with Art. 108g of the Act of 11 March 2004 on Value Added Tax, the payment title for invoices subject to the split payment mechanism (“split payments”) and for other VAT invoices issued in KSeF must include the invoice number assigned by KSeF or the relevant collective identifier; the Service Provider makes this number available on the invoice and in the Account panel.

14. From 1 January 2027, administrative fines may be imposed for breaches of KSeF-related obligations, including failure to issue a structured invoice when required, pursuant to Art. 106ni of the Act of 11 March 2004 on Value Added Tax, amounting to up to 100% of the VAT shown on an invoice issued in breach of the regulations or up to 18.7% of the total amount due in the case of invoices not showing VAT; until that date, a transitional period applies during which such sanctions are not imposed.

§7. Nature of the digital service and withdrawal

1. HD image generation in the Service constitutes digital content or a digital service performed immediately after being ordered by the user.

2. A consumer and a business with consumer rights may, as a rule, withdraw from a distance contract within 14 days, subject to the exceptions provided for by law.

3. With regard to digital content not supplied on a tangible medium, including AI Content generated immediately after being ordered, the right of withdrawal may be lost once performance has begun, if the user has given express consent to this and has been informed in advance of the consequences of such consent.

4. This applies in particular where the user requests that performance begin before the withdrawal period expires and the image has already been generated in accordance with the user’s order.

5. Information on the right of withdrawal, exceptions and any withdrawal form may be made available as a separate document or as part of the purchasing process.

§8. Content, input materials and rules of use

1. The user undertakes not to post or generate content that is unlawful or infringes personal rights, copyright, industrial property rights or other rights of third parties.

2. It is prohibited to use the Service to create content that is hateful, discriminatory, fraudulent, pornographic in breach of the law, inciting violence or threatening the security of the Service.

3. The user may use their own prompts, descriptions, photos, references and other input materials, but is responsible for the legality of these materials and for holding the required rights, consents or licences.

4. In the case of materials containing third-party personal data, including a person’s image, voice or contact details, the user is responsible for having an appropriate legal basis for such use.

5. The user acknowledges that the results of AI Content generation are partly random or probabilistic and may differ from their aesthetic or conceptual expectations.

6. Dissatisfaction with the result of a generated image alone does not constitute a defect of the service, provided that the Service worked correctly from a technical point of view.

§9. Specific prohibitions

1. It is prohibited to use the Service to create deepfakes, content impersonating specific natural or legal persons, disinformation, political or fraudulent content, or other materials that violate the law or personal rights.

2. It is prohibited to use content or AI Content to train, improve or test your own AI models, unless this results directly from the functionality of the Service or from a separate agreement with the Service Provider.

3. It is prohibited to harvest datasets, download content in bulk, perform automated searches of the Service or circumvent its security measures.

4. It is prohibited to use the Service in high-risk or regulated applications without ensuring full compliance with the applicable laws.

§9a. Labelling of AI-generated content

1. The Service is an artificial intelligence system intended for generating digital content (images) and, in this respect, is subject to the transparency obligations provided for in Art. 50 of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828, i.e. the Artificial Intelligence Act, which apply from 2 August 2026.

2. In accordance with Art. 50(2) of that Act, the Service Provider, as the provider of a system generating AI content, ensures that AI Content generated in the Service is marked in a machine-readable format and detectable as artificially generated or manipulated, in particular by means of technical metadata or a watermark.

3. Since the Service was placed on the market before 2 August 2026, in accordance with the “Digital Omnibus on AI” (Document 52025PC0836: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52025PC0836) — formally adopted by the European Parliament (16 June 2026) and the Council of the European Union (29 June 2026) as an act amending the Artificial Intelligence Act — the deadline for implementing the technical marking of AI Content referred to in section 2 has been postponed to 2 December 2026. The Service Provider is implementing the appropriate technical solutions within this deadline.

4. If the User generates, uses or shares AI Content in a way that could mislead the audience as to its authenticity, in particular where the content resembles a real person, object, place, entity, event or series of events and could falsely appear to be authentic (a deepfake), the User is obliged, in accordance with Art. 50(4) of the Artificial Intelligence Act, to clearly disclose to the audience that the content has been artificially generated or manipulated, unless an exception provided for in that provision applies. This obligation applies from 2 August 2026 and has not been postponed by the aforementioned “Digital Omnibus on AI”.

5. The obligation referred to in section 4 applies in particular where the User publishes, shares or distributes AI Content outside the Service, on social media, in marketing materials or in other communication channels.

6. Removing, altering or hiding markings indicating the artificial generation of AI Content, including metadata and watermarks applied by the Service Provider, is prohibited, unless this is necessary to comply with other legal provisions and does not mislead the audience.

7. The European Commission has published a Code of Practice on the labelling of AI-generated content (on 10 June 2026, https://digital-strategy.ec.europa.eu/en/policies/code-practice-ai-generated-content), which is a voluntary tool, but one recognised as adequate, for demonstrating compliance with Art. 50 of the Artificial Intelligence Act. The Service Provider takes its guidelines into account when implementing the technical marking of AI Content.

8. Pursuant to the new Art. 5 of the Artificial Intelligence Act, introduced by the “Digital Omnibus on AI” package, from 2 December 2026 it is prohibited to use AI systems, including the Service, to generate intimate or sexual content depicting a real person without their consent (“non-consensual intimate imagery”) and content depicting the sexual abuse of children; the Service Provider implements appropriate technical and moderation mechanisms to prevent the generation of such content in the Service, irrespective of the prohibition set out in §8(2) of the Terms of Service.

§10. Licences and copyright

1. Unless the offer expressly provides otherwise, the standard offers of the Service do not involve a transfer of the author’s economic rights to the user.

2. The user obtains only a licence within the scope resulting from the Terms of Service, the annexes and the specific offer.

3. The mere fact of generating, displaying or downloading content does not automatically mean that the right to use it beyond the scope of the licence provided for a given offer has been granted.

4. The scope of commercial and non-commercial use of works may depend on Licence Model S, Licence Model R or the special model provided for a specific work or offer.

5. If content has been generated using AI tools, the user acknowledges that similar or comparable results may also be generated for other users.

§11. Creators and marketplace

1. The Service may enable users to publish and license their own content as creators.

2. The rules for creator remuneration, the amount of commission, payout thresholds, settlement schedules, currencies and any additional fees may be set out in the creator panel, in notices in the Service or in separate terms for creators.

3. The current price list for real-time HD image generation, including the Start, Creator and Agency plans, relates to the standard generative service for end users and does not automatically determine the rules for remunerating creators for publishing content in the marketplace part of the Service.

4. The creator is responsible for the legality of the published content, the accuracy of the description and the compliance of the scope of the licence offered with the actual legal situation.

§12. Personal data and privacy

1. The controller of users’ personal data is the entity indicated in the introductory part of the Terms of Service.

2. The rules for processing personal data, the purposes, legal bases, data recipients, retention periods and the rights of data subjects are set out in the Talent.pl privacy policy.

3. The controller may process data related to the registration and maintenance of accounts, the fulfilment of orders, the generation of AI content, the handling of payments, security, complaints, payouts to creators and communication with users.

4. Due to the nature of the Service, the controller may also process input materials, prompts, generation parameters, the history of results, information on limits used, technical data, device identifiers, system logs and security data.

§13. Complaints

1. The user may submit a complaint concerning the functioning of the Service, payments, technical errors, incorrect charging of fees, the quality of digital services or other problems related to the use of Talent.pl.

2. A complaint may be submitted electronically or in writing to the Service Provider’s address.

3. The complaint should include data enabling the user to be identified, a description of the problem and the user’s request.

4. The Service Provider will process the complaint promptly, no later than 30 days from the date of its receipt, unless specific provisions provide for a shorter period.

5. Examples of grounds for a complaint include prolonged lack of access to the Service without prior notice, a permanent inability to download purchased content or significant functional differences compared to the description of the offer.

§14. Infringements and moderation

1. Any person whose rights may be infringed by content posted in the Service may report the infringement via the form or the indicated e-mail address.

2. The Service Provider may block an account, remove content, restrict its visibility or suspend certain features if required by law, security, the protection of third-party rights or the standards of the Service.

3. Abuse of the reporting procedures or repeated breaches of the Terms of Service may result in restricted access to the Service or termination of the agreement with the user.

§15. Liability

1. The user is responsible for the content they create, publish, enter or use through the Service, as well as for the legality of the input materials.

2. The Service Provider is not liable for content created, posted or offered by users, in particular for its legality, absence of legal defects or absence of infringement of third-party rights, subject to obligations arising from mandatory provisions of law.

3. The Service Provider is not liable for the consequences of using content in areas requiring qualified specialist knowledge, in particular medicine, law, finance, tax, recruitment or other regulated areas.

§16. Changes to the Terms of Service

1. The Terms of Service may be updated in particular in the event of changes to the law, the features of the Service, the business model, the way services are provided, the technology tools used or the pricing model.

2. The current version of the Terms of Service is published in the Service in a form that allows it to be saved, downloaded and reproduced.

3. In the event of changes that significantly affect the rights or obligations of users, the Service Provider will take appropriate steps to inform them, in particular by means of a notice in the Service or an e-mail message, where appropriate.

§17. Final provisions

1. In matters not regulated by the Terms of Service, the applicable provisions of Polish law and European Union law shall apply, taking into account the mandatory provisions protecting consumers.

2. If any provision of the Terms of Service proves to be invalid or ineffective, this does not affect the validity of the remaining provisions.

3. The Terms of Service should be interpreted together with the privacy policy, the cookie policy, the information on digital services and the right of withdrawal, the current price list and, to the relevant extent, the Terms for Creators and the Terms of Use of Works.