Terms of Service for Takżyli.pl

These regulations define the rules of operation for the website Takżyli.pl, hereinafter referred to as the Service, and the provision and use of all services offered by the Service, such as browsing, creating, and editing profiles.
The name of the Service, its concept, graphic design, logo, graphic elements, trademarks, software, and database are legally protected.

These Regulations have been prepared based on the laws applicable in the territory of the Republic of Poland and define the rules of operation of the Service and the provision and use of the Services. The Regulations define the rights and obligations of Users, as well as the rights, obligations, and scope of responsibility of Takżyli.pl as the entity managing and running the Service. They constitute the regulations referred to in Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

The entity running the Takżyli.pl Service is Progrise Szymon Konieczny. Registered office address: ul. Marcina Radockiego 156/1, 40-645 Katowice, Poland, Tax ID (NIP): 6342611135, REGON: 243479052. Contact: e-mail biuro@takzyli.pl or the contact form available on the Service.

Every User is obliged to read and comply with the provisions of the Regulations and the Privacy Policy, as well as the laws applicable in the territory of the Republic of Poland. Acceptance of the regulations occurs upon checking the appropriate box during registration on the service. Acceptance of the Regulations also means acceptance of the detailed rules and conditions for using the individual functionalities of the Service.

The address biuro@takzyli.pl is the point of contact for Users and for the authorities of the Member States, the European Commission and the European Board for Digital Services referred to in Articles 11 and 12 of Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services (Digital Services Act, “DSA”). Contact is possible in Polish and English.

The Regulations are made available free of charge on the Service in a manner that allows them to be obtained, reproduced and recorded, in particular saved or printed.

The terms mentioned in the Regulations should be understood as follows:
Administrator - Persons designated by the entity managing the Service.
Data and Materials - Any content, in particular information, photos, videos, posts, comments, that the User voluntarily places on the Service;
Personal Data - Information collected within the deceased's profile/registration form and then voluntarily modified by the User during the use of the service concerning an identified or identifiable natural person, processed by takżyli.pl for the proper provision of Services specified in particular in the Regulations of the takżyli.pl Service, as well as for operational and statistical purposes related to the operation of the Service and for other purposes indicated in the relevant consent given by the User. The concept of personal data also applies to data collected automatically by the Service Administrator, such as device data used by the user to connect to the Service and location data used to ensure the security of the Service's operation.

takżyli.pl - A social networking service available at the internet address takżyli.pl.
Account - A page/server space of the Service, made available to the User, on which the User can view and post Data, which can be viewed by other Users, and which can also be used by takżyli.pl under the conditions specified in these Regulations and according to the consents granted by the respective User;
Profile - The profile is also called the Memorial Profile. It is the profile of a deceased person and a space with specific memory limits purchased by the user where they can post and modify data.
Materials - Photos, videos, texts, and other content posted by Users.
Profile Name - a sequence of characters generated by the takżyli.pl system that allows for later identification of the profile when using the Service.
Regulations - A document defining the rules for using the Service, including in particular the rights and obligations of users and the Service, along with its annexes, which form an integral part;
User - A person with full legal capacity who has gained access to the Services by accepting the Regulations. A User can also be a minor and/or a person without full legal capacity, provided they have the consent of a legal representative;
Agreement - An agreement for the provision of services by electronic means concluded between the User and takżyli.pl upon the User's acceptance of the Regulations and the Privacy Policy, with content corresponding to the content of the Regulations and the Privacy Policy.

Consumer - a natural person concluding with the Administrator a contract not directly related to their business or professional activity.
Entrepreneur with consumer rights - a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person; to the extent specified in the Polish Act of 30 May 2014 on Consumer Rights, the provisions of the Regulations concerning the Consumer apply to that person.
Plan - the scope of functions and limits of a Profile: free or paid (Extended profile).
Medallion - a physical plaque with a QR code leading to the Profile, supplied together with a paid Plan or ordered separately for an existing Profile.
Activation Code - a code enabling a Profile to be assigned to an Account, in particular one provided by a partner of the Service, e.g. a funeral home.
Guest - a person using the Service without an Account, in particular viewing Profiles, adding memories or lighting candles.
Life story - the feature described in Chapter VII(7), which prepares, with the help of artificial intelligence, a draft story of the deceased person's life.
Illegal Content - information that is not in compliance with European Union law or Polish law, within the meaning of Article 3(h) DSA.

Any natural person who is at least 18 years old and completes the registration process and fully accepts the content of the Regulations can be a User of the Service.

Registration on the Service consists of correctly filling out the registration form and accepting the Regulations and the Privacy Policy. The User sets the Account password themselves during registration; a person for whom an Account was created in connection with a purchase receives a one-time link to set a password at the e-mail address provided.

During the registration process, the User is obliged to provide current and true data, as well as to update them in case of changes.

Successful completion of the registration process means concluding an Agreement for the use of selected functionalities of the Service and the use of paid services and functionalities selected by the User. The Agreement for the use of the free functions of the Service is concluded for an indefinite period.

A User who has concluded an Agreement to use the Service may receive notifications about their account activity or changes made to the Service to the email address provided during registration and to their end devices.

A registered User of the Service has the right to:

1. have their own Account and Profile on the Service,
2. change and delete their data by sending an email to biuro@takzyli.pl
3. view the Profiles of other Users.

It is forbidden to:

1. use profanity and expressions commonly considered offensive, as well as in any way violating the dignity of the persons described in the Service,
2. post pornographic materials,
3. promote websites unrelated to the TakŻyli service,
4. post Materials that do not comply with the regulations,
5. use programs (bots) that generate queries to the takżyli.pl servers. All such actions may be considered a DoS (Denial of Service) attack. An exception is made for programs using the official Service API,
6. send spam,
7. post content and materials of a commercial nature without the written consent of the entity running the Service,
8. disclose personal data of third parties without their consent,
9. provide content of an unlawful nature, in particular Illegal Content, content infringing the personal rights, copyrights or privacy of other persons, and content inciting hatred or violence,
10. place in the content of a Profile instructions addressed to artificial intelligence systems or other content intended to circumvent the Service's safeguards.

If the Service Administrator detects content that violates the provisions of the Regulations, the Service Administrator reserves the right to:

1. delete such content;
2. impose a Shadowban on such content;
3. block the User's Account.

The actions referred to in paragraph 1 above may be taken in an automated manner through systems that detect content violating the provisions of the Regulations, regardless of whether they have been reported to the Service Administrator or not. The rules on content moderation, on notification of the actions taken and on appeals against them are set out in Chapter X.

To use the Service, the following are required: a device with Internet access, an up-to-date version of a web browser (e.g. Chrome, Firefox, Safari or Edge) with JavaScript and cookies enabled, and — to create an Account — an active e-mail address.

Reading the Medallion requires a device with a camera and the ability to read QR codes. Determining the location of the grave requires consent to the browser accessing the device's location.

Using services provided by electronic means involves typical risks, such as malware, attempts to obtain login credentials (phishing) or unauthorized access to the Account. We recommend using up-to-date software and antivirus protection, using a strong password that is not used on other services, and not sharing it with anyone. The Service never asks for a password to be provided by e-mail or by telephone.

The Administrator makes efforts to ensure that the Service operates without interruption; however, it may be temporarily unavailable due to technical work, failures or reasons beyond the Administrator's control.

A User may have a maximum of 1 Account on the Service.

It is forbidden to transfer the Account password to third parties.

The Account may only be used by the User. It is forbidden for 2 or more people to set up and use accounts simultaneously. An exception is made for B2B partner Profiles.

Throughout the entire purchase period, we guarantee access to the biography. If the Medallion is lost or destroyed, the Profile owner may order another Medallion for the same Profile on the Service under the rules set out in Chapter VIII. The new Medallion has its own number and leads to the same Profile; the existing Medallion continues to work.

The User may terminate the Agreement at any time by deleting the Account themselves under Account settings in the user panel or by requesting its deletion in a message sent to biuro@takzyli.pl; Profiles can be deleted by the User directly in the user panel. Deleting the Account terminates the Agreement with the Service.
Deleting the account results in the removal of all of the User's personal data from the Service, except for personal data that the Service is obliged to store under other regulations and anonymized statistical data. The procedure for completely deleting an account along with personal data may take up to 30 days. Deleted data remains in backups for no longer than 90 days.

In cases of violation of the provisions of these Regulations, the User's Account may be temporarily blocked, permanently banned (Ban), or deleted. The block or deletion may be applied simultaneously to all of the User's Accounts. At the same time, the Service Administrator reserves the right to apply a Shadowban to specific content posted on the Service by the User that violates the provisions of the Regulations, as well as other measures indicated in Chapter X of the Regulations.

The death of the user terminates the Agreement with the Service.

The User bears full responsibility for the Materials posted on the Service, in particular photos, videos, texts.

The Service is in no way responsible for the unauthorized use by third parties of the Materials posted on the Service. All responsibility lies with the User.

The Administrator is not responsible, within the limits consistent with applicable law and the principles of social coexistence, for the Materials transmitted and published on the Service by Users, but will make every effort to remove/block materials that do not comply with the Regulations.

By accepting the Regulations, the User declares that they have full rights to the Materials they post.

The Service Administrator has the right to reduce/compress the User's Materials. There is also no obligation to inform the User of this fact.

The Service Administrator has the right to use the user's Materials in promotional content, in particular using them in email notifications sent to other Users, publishing them on the page (fan page) on services such as Facebook, Instagram, and YouTube.

Failure to comply with the Administrator's request to remove content that violates the Regulations may result in the imposition of a permanent or temporary block or the complete deletion of the account, on the terms set out in Chapter X.

By placing Materials on the Service, the User grants the Administrator a free-of-charge, non-exclusive license to store them, reproduce them in server memory and in backups, and display them on the Service, to the extent necessary to provide the Services and for the period during which the Materials are stored on the Service.

The service offered by the takzyli.pl portal consists of the ability to create a profile of a deceased person. The service charges a one-time activation fee for the deceased's profile.

Conditions for creating a profile

1. In accordance with the idea of the site, a profile of a deceased person can only be created by a person who has the consent of the deceased's heirs to create it. This consent should contain clear information about the purpose and scope of use of the deceased's personal data and image within the profile.
2. The profile creator must also have consent to process the image of all persons who are visible in the added photos. Photos may not contain minors without the consent of their legal guardians. The required consent also applies to all data provided on the profile.
3. The profile creator is obliged to maintain full protection of the deceased's personal rights. This means that the profile may not contain offensive, degrading, or privacy-violating content. Presenting the deceased in a negative way is strictly forbidden.

A Profile may operate under a free or a paid Plan. The scope of functions and the limits of each Plan, in particular the number of photos, the storage space for files and the number of Life story generations, are described on the Service before purchase. The paid Plan is paid for once, without a subscription. An Account with a paid Plan may purchase, with a one-time payment, a pack of additional file storage; the pack permanently increases the limit shared by all Profiles of that Account and takes effect once the payment has been credited. Pack sizes and prices are shown on the Service before purchase.

The Profile owner decides on its visibility (public, protected by an access code, or private), may hide individual sections and may share the Profile with other persons by means of preview or editing links. A person using an editing link acts on behalf of and under the responsibility of the Profile owner.

If the Profile owner allows it, Guests may add memories to the Profile and light virtual candles. The Profile owner may enable the approval of memories before publication and may delete them. The Guest is responsible for the content of the memory they add; the prohibitions set out in Chapter III(7) apply to it.

The Profile owner may indicate the location of the grave, including on the basis of location measurements taken by persons scanning the Medallion at the grave (with their consent given in the browser), and may enable annual e-mail anniversary reminders for themselves and for persons they designate. By adding another person's e-mail address, the Profile owner confirms that they have a basis for providing it; that person is informed of this and may opt out of the reminders at any time.

Life story

1. The Service makes available to the Profile owner the Life story feature, which, using an artificial intelligence model supplied by an external provider, prepares a draft story of the deceased person's life on the basis of the Profile content, supplemented with general historical background. The rules for transferring data to the provider are set out in the Privacy Policy.
2. The generated text is only a draft. It may contain inaccuracies, including information that does not follow from the Profile content. Paragraphs marked as “Historical background” are general in nature and do not concern the deceased person.
3. The User is obliged to read the draft and, where necessary, correct it before publication. The Life story is published only on the User's express instruction and may be removed from the Profile at any time.
4. A published Life story constitutes User Material within the meaning of Chapter VI. The Service labels it on the Profile as prepared with the help of artificial intelligence.
5. The number of generations is limited in accordance with the Plan. Unsuccessful attempts do not count towards the limit.
6. The Service may refuse to generate a Life story, in particular where the Profile content violates Chapter III(7)(j), and, in the event of repeated violations, may temporarily suspend the feature for the User concerned. These decisions may be made in an automated manner.
7. The feature operates within the limits of the availability of the provider's services. The Administrator may temporarily restrict its availability, in particular for security or cost reasons, change it or disable it, while preserving the rights acquired by Users.
8. The Administrator does not claim any rights to the generated text. To the extent that such rights vest in the Administrator, it grants the User a free-of-charge, non-exclusive license to use the text, unlimited in time and territory.

A paid Plan (Extended profile together with a Medallion) can be ordered via the order form available on the Service. A Medallion for an existing Profile is ordered by the logged-in Profile owner in the user panel. A pack of additional file storage is ordered in the user panel by the logged-in owner of an Account with a paid Plan. Payments are handled by the payment operator Stripe Payments Europe, Limited. The seller and the party to the contract is the entity running the Service.

Prices are given in Polish zloty and are gross prices, including VAT. Delivery of a Medallion ordered together with a paid Plan is free of charge. A Medallion ordered separately for an existing Profile can be delivered only within Poland, and the delivery cost (11 zł gross per order) is added to the price. The delivery time and the available payment methods are indicated before the order is placed. An invoice is issued at the User's request.

The contract is concluded when the order is confirmed by e-mail. Once the payment has been credited, the Profile is activated without delay, and access information is sent to the e-mail address provided in the order. The Medallion is sent to the address indicated in the order. The purchase of a Medallion for an existing Profile does not change that Profile's Plan.

An Activation Code provided by a partner of the Service activates the Profile on the terms agreed with that partner.

A Consumer and an Entrepreneur with consumer rights may withdraw from a contract concluded at a distance within 14 days without giving any reason. The period runs from the day the contract is concluded and, with respect to the Medallion, from the day it is received. To meet the deadline, it is sufficient to send the statement before the deadline expires, e.g. to biuro@takzyli.pl. The model withdrawal form set out in Annex 2 to the Consumer Rights Act may be used, but this is not mandatory.

If the Consumer requested that performance of the service begin before the withdrawal period expires and then withdraws from the contract, the Consumer will pay for the performance provided up to the moment of withdrawal, in proportion to its scope. The right of withdrawal does not apply if the service has been performed in full with the express and prior consent of the Consumer, who was informed that after its performance they would lose the right of withdrawal and acknowledged this.

In the event of withdrawal, we refund the payments received without delay, and no later than within 14 days of receiving the statement, using the same means of payment as the Consumer used, unless the Consumer agrees to another means that does not involve any costs. The Consumer returns the Medallion to the registered office address within 14 days of withdrawal and bears the direct cost of returning it. The refund of the payment for the Medallion may be withheld until the Medallion is received or until proof that it has been sent back is provided. Withdrawal from the contract for a separately ordered Medallion does not affect the Profile or its Plan.

Anyone may report content that they consider to be Illegal Content or content that does not comply with the Regulations by writing to biuro@takzyli.pl or by using the contact form. The report should contain: a justification of why the content is illegal or does not comply with the Regulations; the address of the Profile and an indication of the content; the first name, surname and e-mail address of the person making the report (except for reports concerning the offences referred to in Articles 3–7 of Directive 2011/93/EU); a statement that the person making the report believes in good faith that the information contained in the report is accurate and complete.

We confirm receipt of the report and process it in a timely manner, with due diligence and objectively. We inform the person making the report of the decision, indicating the available means of appeal.

If Illegal Content or a violation of the Regulations is found, we may remove the content or disable access to it, restrict its visibility, suspend or terminate the provision of the Services, or block the Account. Decisions to remove content and to block an Account are made by a human. Automated mechanisms are used to detect abuse and to safeguard the functions of the Service; in particular, they may on their own refuse to perform the Life story feature or temporarily suspend it.

We inform the User concerned of every restriction at the latest when it is applied, stating: the type of restriction and its scope, the facts and circumstances on which the decision was based, information on whether automated means were used, an indication of the legal provision or the provision of the Regulations, and the available means of appeal.

An appeal against a decision on a report or on an applied restriction may be lodged within 6 months by writing to biuro@takzyli.pl. We consider appeals within 14 days. This does not exclude the right to pursue claims before a court.

If we obtain information giving rise to a suspicion that a criminal offence threatening the life or safety of persons has been committed, we inform the competent law enforcement authorities without delay.

All complaints should be submitted using the contact form or by email to biuro@takzyli.pl. A complaint should contain the contact details of the person submitting it, a description of the problem and the expected way of resolving it.

We respond to a complaint within 14 days of its receipt, to the e-mail address from which it was sent or in another manner indicated.

The Services are provided in accordance with the contract. If a digital service does not conform to the contract, the Consumer has the rights set out in Chapter 5b of the Polish Act of 30 May 2014 on Consumer Rights, in particular to demand that the service be brought into conformity with the contract, a reduction of the price or withdrawal from the contract. If the Medallion does not conform to the contract, Chapter 5a of that Act applies.

The Consumer may use out-of-court means of handling complaints and pursuing claims, in particular the assistance of a municipal or district consumer ombudsman, consumer organizations and the permanent consumer arbitration courts operating at the voivodeship inspectors of the Trade Inspection. Information on these means is available on the website of the Office of Competition and Consumer Protection (UOKiK, uokik.gov.pl).

The Regulations, along with its annexes, are available in the current version at takzyli.pl/regulamin

The Administrator may amend the Regulations for important reasons, in particular in the event of a change in the law, a change in the scope or manner of providing the Services, the need to ensure the security of the Service, or changes to the offer. We inform registered Users of the changes by e-mail at least 14 days before they enter into force. A User who does not accept the changes may terminate the Agreement by that date. The changes do not infringe acquired rights, in particular the scope of a Plan that has already been paid for.

In matters not regulated in these Regulations, the provisions of the Civil Code and other acts shall apply. The provisions of the Regulations do not exclude or limit the Consumer's rights arising from mandatory provisions of law; in the event of a conflict, those provisions apply.

The governing law is Polish law. The choice of law does not deprive the Consumer of the protection afforded to them by provisions that cannot be excluded by agreement under the law of the country of their habitual residence. Disputes with Users who are not Consumers are resolved by the court having jurisdiction over the Administrator's registered office.

This version of the Regulations applies from 1 November 2026; until that date, the version in force from 25 September 2026 applies.