Terms of Service

Last updated: March 18, 2026

1. Definitions

Throughout these Terms of Service ("Terms"), the following definitions apply:

• "Platform" or "PayGate" — the web application available at getpaygate.com, operated by [Owner Name], sole proprietor registered in the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland, NIP: [NIP].
• "Freelancer" or "Seller" — any individual or entity that creates a PayGate account to sell digital deliverables through the Platform.
• "Client" or "Buyer" — any person who purchases a digital deliverable listed by a Freelancer on the Platform.
• "Deliverable" — any digital file, resource, or asset uploaded by a Freelancer for sale through the Platform.
• "Service" — the technology services provided by PayGate, including file hosting, payment-link generation, and delivery infrastructure.

2. Nature of Service

PayGate is a technology platform that enables Freelancers to sell digital deliverables to Clients. PayGate is not a party to any transaction between a Freelancer and a Client. PayGate does not act as an escrow service, payment processor, or financial institution.

All payment processing is handled by Stripe Payments Europe, Ltd. ("Stripe"), a licensed electronic money institution regulated in the European Economic Area. PayGate facilitates the connection between Freelancers and Stripe but does not hold, process, or manage funds at any point.

3. User Obligations — Freelancer

By registering as a Freelancer on PayGate, you represent and agree that:

• You are at least 18 years of age and have the legal capacity to enter into these Terms.
• You have the legal right to upload and sell all files you list on the Platform. This includes full ownership or a valid license granting you distribution rights.
• You will not upload, distribute, or sell any content that is illegal, infringing, harmful, or otherwise prohibited under these Terms or applicable law.
• You are solely responsible for tax compliance in your jurisdiction, including but not limited to income tax, VAT, and any other applicable levies. PayGate does not provide tax advice and is not responsible for your tax obligations.
• You agree to the Stripe Connected Account Agreement as a condition of receiving payments through the Platform. Your relationship with Stripe is governed by Stripe's own terms of service.

4. User Obligations — Client

By purchasing a Deliverable through PayGate, you acknowledge that:

• PayGate is not the seller. The Freelancer who listed the Deliverable is the seller. PayGate merely provides the technology infrastructure that facilitates the transaction.
• Any disputes regarding the quality, accuracy, or fitness of a Deliverable must be directed to the Freelancer who created and sold it.
• Refund requests should be directed to the Freelancer in the first instance. PayGate does not process refunds on behalf of Freelancers. See Section 10 for more details on refunds and disputes.

5. Payment Terms

All payments on the Platform are processed by Stripe Payments Europe, Ltd. PayGate does not hold, process, or transmit funds at any point during the transaction.

PayGate charges the following platform fees:

• Free plan: 5% per transaction on each sale.
• Pro plan: 0% per transaction + $19/month subscription fee.

Stripe's own processing fees (e.g., card fees, currency conversion) are charged separately by Stripe and are in addition to any PayGate platform fees.

Funds from Client purchases are transferred directly to the Freelancer's Stripe account. PayGate never holds funds on behalf of any party. Payout timing and availability are governed by Stripe's terms and your Stripe account settings.

6. File Hosting & Content Policy

PayGate provides file hosting solely for the purpose of delivering digital Deliverables to Clients. File hosting is not a general-purpose storage service.

Storage limits per Freelancer account:

• Free plan: 500 MB total storage.
• Pro plan: 2 GB total storage.

Freelancers may upload any file type. However, the following content is strictly prohibited:

• Content that infringes copyright, trademarks, or other intellectual property rights of third parties.
• Malware, viruses, or any malicious code.
• Content that is illegal under EU or Polish law, including but not limited to content promoting violence, terrorism, or discrimination.
• Files containing personally identifiable information (PII) of third parties without their consent.
• Pornographic, sexually explicit, or adult content of any kind.

PayGate reserves the right to remove any content that violates this policy, at any time and without prior notice. Files associated with inactive or expired Deliverables are automatically deleted 90 days after the last payment or expiration date, whichever is later.

7. Limitation of Liability

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

PayGate shall not be liable for:

• The content, quality, legality, or accuracy of any Deliverable uploaded by Freelancers.
• Disputes between Freelancers and Clients, including but not limited to refund disputes and intellectual property claims.
• Actions, omissions, outages, or errors of Stripe Payments Europe, Ltd. or any other third-party service provider.
• Service downtime, interruptions, or data loss caused by circumstances beyond PayGate's reasonable control.

To the maximum extent permitted by law, PayGate's total aggregate liability to any user shall not exceed the total platform fees paid by that user in the 12 months preceding the claim.

As a hosting provider, PayGate benefits from the liability exemptions set forth in Article 6 of the Digital Services Act (DSA) and Article 14 of the Polish Act on Providing Services by Electronic Means (implementing the EU e-Commerce Directive), provided it acts expeditiously to remove or disable access to illegal content upon obtaining knowledge thereof.

8. Notice & Takedown (DSA Compliance)

In compliance with the Digital Services Act (Regulation (EU) 2022/2065), PayGate operates a notice-and-action mechanism for reporting illegal content hosted on the Platform.

To report illegal content: Send a detailed notice to abuse@getpaygate.com. Your notice should include:

• A sufficiently substantiated explanation of the reasons why the content is alleged to be illegal.
• A clear indication of the exact electronic location of the content (URL or link to the Deliverable).
• Your name and email address.
• A statement confirming that you believe in good faith that the information in the notice is accurate and complete.

Review timeline: PayGate will review all notices within 72 hours of receipt. If the content is found to violate these Terms or applicable law, it will be removed promptly.

Notification: The Freelancer whose content was removed will be notified of the removal and the reasons for it.

Appeals: Freelancers may appeal a content removal decision within 14 days of notification by contacting appeals@getpaygate.com. Appeals will be reviewed by a person not involved in the original decision.

9. Intellectual Property

Freelancer content: Freelancers retain full intellectual property rights to all Deliverables they upload to the Platform. By uploading a Deliverable, the Freelancer grants PayGate a limited, non-exclusive, royalty-free license to host, store, transmit, and display the Deliverable solely for the purpose of providing the Service (i.e., delivering the file to paying Clients).

Platform IP: PayGate owns all intellectual property rights in the Platform itself, including but not limited to its code, design, branding, trademarks, and documentation. Nothing in these Terms grants any user a license to use PayGate's intellectual property except as necessary to use the Service as intended.

10. Refunds & Disputes

PayGate is not the seller. Refund obligations lie with the Freelancer who sold the Deliverable. Each Freelancer is responsible for setting and communicating their own refund policy to Clients.

If a Client is unable to resolve a dispute directly with a Freelancer, the Client may initiate a dispute through Stripe. PayGate will cooperate with Stripe in the dispute resolution process but does not adjudicate or decide disputes.

Pro subscription refund: Users who subscribe to the Pro plan may request a prorated refund within 14 days of their subscription start date or most recent renewal date. Refund requests should be sent to support@getpaygate.com. After 14 days, subscription fees are non-refundable.

11. Account Termination

User-initiated: You may delete your PayGate account at any time from your account settings. Upon deletion, your profile and associated data will be removed from the Platform.

PayGate-initiated: PayGate reserves the right to suspend or terminate any account that violates these Terms, engages in fraudulent activity, or poses a risk to the Platform or its users. PayGate may deactivate all active Deliverables associated with a suspended or terminated account.

Data retention upon termination: Uploaded files will be permanently deleted 30 days after account termination. Transaction records may be retained longer as required by law (see Section 12).

Stripe funds: Account termination on PayGate does not affect your Stripe account. Any pending balances or payouts in your Stripe account will continue to be processed according to Stripe's terms of service.

12. Data Processing & Privacy

PayGate processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Polish data protection law. For full details, please see our Privacy Policy.

PayGate acts as the data controller for personal data collected through the Platform, including account information, usage data, and transaction metadata.

Stripe Payments Europe, Ltd. acts as an independent data controller for payment data it processes. PayGate does not store credit card numbers, bank account details, or other sensitive payment information.

13. DAC7 Reporting Obligations

PayGate is classified as a "reporting platform operator" under EU Directive 2021/514 (DAC7), which requires digital platforms to collect and report certain information about sellers to tax authorities.

In compliance with DAC7, PayGate will:

• Collect identifying information from Freelancers, including full legal name, date of birth, address, tax identification number (TIN), and VAT number where applicable.
• Report this information, along with transaction data (total revenue, number of transactions, fees, bank account identifiers), to the Polish National Revenue Administration (Krajowa Administracja Skarbowa, KAS) annually by January 31 for the preceding calendar year.
• Notify each Freelancer of the information reported to KAS on their behalf.

KAS may share the reported information with tax authorities in other EU member states under the automatic exchange of information framework.

14. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict-of-law provisions.

Any disputes arising from or related to these Terms or the use of the Platform shall be submitted to the exclusive jurisdiction of the courts in Kraków, Poland.

Nothing in these Terms shall limit the rights of consumers under applicable EU consumer protection law, including but not limited to the right to bring proceedings in the courts of the consumer's place of domicile and the 14-day withdrawal right for distance contracts where applicable.

15. Changes to Terms

PayGate reserves the right to modify these Terms at any time. When changes are made, we will:

• Provide at least 30 days' notice before the changes take effect, via email to the address associated with your account.
• Update the "Last updated" date at the top of this page.
• Post the revised Terms on the Platform.

Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Platform and delete your account before the changes take effect.

This document is provided for informational purposes. For legal advice, consult a qualified attorney.