BreedCode Terms of Service

General Provisions and Terms of Service

I. General Provisions

These Terms of Service ("Terms") set out the rules for using the "BreedCode" website available at breedcode.com. The owner and administrator of the website is Evolved Sp. z o.o., with its registered office at Guzowy Piec 47, 11-036 Gietrzwałd, Poland, Tax ID (NIP): 7393950184, National Business Registry Number (REGON): 338168150, registered in the National Court Register (KRS) under number 0000884081. The website administrator can be contacted at admin@breedcode.com.

II. Definitions

§ Service Provider – Evolved sp. z o.o., with its registered office in Poland, operating the website available at breedcode.com.

§ Website – the website available at breedcode.com, operated by the Service Provider.

§ User – a natural person, legal entity, or organizational unit without legal personality, using the Website.

§ Account – an individual User account created on the Website, enabling use of the Services, including management of the breeder's website.

§ Breeder's Website Service – a service provided electronically under a SaaS model, consisting of making IT tools available to the User to create, run and publish a breeder's website within the BreedCode Platform, in the Starter, Breeder, or Breeder Pro variant.

§ Price List(s) – the list of fees and commissions related to using the Services.

§ Business Day – any day excluding Saturdays, Sundays, and days statutorily recognized as public holidays in Poland.

§ Materials – all content, data and files entered, stored or published by the User within the Breeder's Website Service, in particular breeding descriptions, photos, graphics, contact details, text content, and other information made available via the BreedCode Platform.

§ Modification – a change to the parameters of the Breeder's Website Service or Materials made by the Service Provider. The Service Provider is entitled to make Modifications only in cases provided for in these Terms or resulting from mandatory provisions of law. Changes to the Service made at the User's request, within the scope and on terms individually agreed with the User, are not considered a Modification within the meaning of these Terms.

§ Terms – these Terms of Service.

§ Administrative Panel – a separate part of the Website, available after logging in, constituting the User's dashboard, enabling management of the Account, active Services, Service variants, payments, and other functionalities made available by the Service Provider, without interfering with the content of the breeder's website.

§ Breeder's Website Panel – a separate part of the Website, available after logging in, enabling the User to manage the content, layout, and settings of the breeder's website created within the Breeder's Website Service.

§ Third-Party Services – services or IT tools provided by entities other than the Service Provider, which may be made available or integrated with the Breeder's Website Service, in particular domain registration and management services, e-mail, payments, analytics tools, hosting, or communication tools. Use of Third-Party Services is subject to the terms set by their providers, and the Service Provider is not liable for their operation, unless these Terms state otherwise.

§ Starter Variant – a free variant of the Breeder's Website Service, offering a basic range of functionality, with possible technical or functional limitations set out in the Terms, Specification, or Price List.

§ Breeder Variant – a paid variant of the Breeder's Website Service, offering an extended range of functionality, provided within a Subscription Period or Trial Period, on the terms set out in the Terms, Specification, or Price List.

§ Breeder Pro Variant – a paid variant of the Breeder's Website Service comprising the functionality of the Breeder Variant plus access to the AI Assistant, provided within a Subscription Period, on the terms and limits set out in the Terms, Specification, or Price List.

§ AI Assistant – a feature available in the Breeder Pro Variant, using an artificial intelligence system to prepare proposals for new content and to improve or expand content provided by the User.

§ Subscription Period – a 365-day period for which the Agreement is concluded under the Breeder or Breeder Pro Variant, and for which the User pays a fee in accordance with the Price List, unless the Price List or the purchase process provides for a different billing period.

§ Trial Period – a period of free use of the Breeder Variant of the Breeder's Website Service, lasting 14 days from its activation, unless the Terms provide otherwise or the User earlier concludes a paid Agreement or cancels the Service.

§ Consumer – a natural person performing a legal transaction with the Service Provider not directly related to their business or professional activity.

§ Entrepreneur – a natural person, legal entity, or organizational unit without legal personality to which a separate act grants legal capacity, conducting business activity.

§ Entrepreneur with Consumer Rights – a natural person concluding an Agreement directly related to their business activity, where the content of that Agreement shows it is not of a professional nature for that person, in particular based on the subject matter of their business activity as disclosed under the Central Registration and Information on Business (CEIDG) regulations.

§ Data Processing Agreement – the provisions of these Terms governing the terms on which the User entrusts the Service Provider with the processing of personal data of third parties (e.g. breeding customers), under Article 28 GDPR.

Entrusted Data – personal data of third parties (in particular customers/buyers of animals) that the User processes when using the Service and for which the User acts as data controller, and which the Service Provider processes solely for the purpose and to the extent necessary to provide the Service, on the terms set out in the Data Processing Agreement.

Data Processing Agreement – an agreement for entrusting the processing of personal data within the meaning of Article 28 GDPR, concluded between the User (as controller of the Entrusted Data) and the Service Provider (as processor), the content of which constitutes § [X] of these Terms and which the Parties conclude upon the User's acceptance of the Terms.

Sub-processor – an entity to which the Service Provider entrusts further processing of Entrusted Data in order to perform the Data Processing Agreement, using this authorization based on the User's consent expressed in the Data Processing Agreement and on the terms set out in Article 28(2) and (4) GDPR. The current list of Sub-processors is available at the address indicated below.

III. Breeder's Website Software

The Service Provider states that it holds exclusive economic copyright to the BreedCode Platform Software, except for elements that constitute open-source libraries. These libraries are used as part of the BreedCode Platform Software and distributed in accordance with the terms of the relevant open-source licenses.

The User is obliged to use the BreedCode Platform Software in accordance with these Terms, including compliance with the license terms for the open-source libraries used in the Software. The User acknowledges that violation of these rules may result in infringement of the economic copyright held by the Service Provider or third parties, and may lead to the User being held legally liable.

IV. Entities Entitled to Conclude an Agreement for the Breeder's Website Service

Only Users of the BreedCode Website are entitled to conclude an Agreement for the provision of the Breeder's Website Service.

In the case of natural persons, only persons of legal age may conclude an Agreement for the provision of the Breeder's Website Service.

V. Fees

The Breeder's Website Service is provided in the Starter (free), Breeder, and Breeder Pro (paid) variants. Current prices, billing periods, and the scope of functionality of each variant are set out in the Price List available on the Website.

Fees for the Breeder and Breeder Pro variants are paid in advance for the selected Subscription Period, unless the Price List states otherwise.

The Service Provider activates or restores full functionality of the Kennel Website Service in the Hodowca or Hodowca Pro variant immediately upon the payment being credited, no later than within 24 hours, except in cases where the delay results from causes attributable to payment systems, Third-Party Service providers, or force majeure.

Commencement or continuation of the Breeder's Website Service in the Breeder or Breeder Pro variant is conditional on payment being made within the deadline indicated during the purchase process or on the invoice.

Available payment methods are indicated on the Website. The User bears any costs related to processing payments charged by payment operators or banks.

In the event of non-payment for the Breeder or Breeder Pro variant by the due date:

  1. provision of the Breeder's Website Service in the Breeder or Breeder Pro variant is terminated,
  2. the Breeder's Website Service is automatically switched to the Starter variant, to the extent technically possible,
  3. the User loses access to functionality available only in the Breeder or Breeder Pro variant,
  4. the Service Provider is not liable for the loss of functionality or data not available in the Starter variant,
  5. upon switching the Breeder's Website Service from the Breeder or Breeder Pro variant to the Starter variant, information identifying the BreedCode Platform as the Service provider may be automatically placed on the breeder's website, in accordance with the rules applicable to the Starter variant.

Resumption of the Breeder or Breeder Pro variant after the cause of suspension ceases may be conditional on payment of outstanding fees and, if provided for in the Price List, a reactivation fee.

Termination of the Agreement by the User before the end of a paid Subscription Period does not entitle the User to demand a refund of the fee paid for the unused period, subject to the rights of Consumers and Entrepreneurs with Consumer Rights in the case of: a) effective withdrawal from the Agreement within 14 days (in accordance with these Terms), b) termination of the Agreement for reasons attributable to the Service Provider (e.g. failure to perform the service). The above no-refund rule applies accordingly to a surcharge paid in connection with changing the Service variant to Breeder Pro during a Subscription Period — the User is not entitled to a refund of the surcharge, or any part of it, in the event of earlier discontinuation of the Breeder Pro Variant or return to a lower variant before the end of the Subscription Period. In the event of termination of the Agreement for reasons attributable solely to the Service Provider, the User is entitled to a refund of fees proportional to the unused part of the Subscription Period.

In the event of termination of the Agreement for reasons attributable solely to the Service Provider, the User is entitled to a refund of fees proportional to the unused part of the Subscription Period.

If the Service was purchased at a promotional price, renewal of the Service takes place at the standard price, unless the terms of the promotion state otherwise.

Discount codes

The Service Provider may make available discount codes (percentage or fixed amount) entitling the holder to a reduced price for a selected Service or Services, within the scope and on the terms specified each time the code is published.

Each discount code has a specified validity period and a specified number of permitted uses, indicated when it is made available. A discount code may be assigned to a single User or made available to multiple Users, within the applicable limit. A code that has expired or has been used the permitted number of times cannot be redeemed.

A discount code may apply to a selected Service, selected Services, or all Services available on the Website — the scope is determined by the Service Provider when the code is made available.

The value of an unused discount is not exchangeable for cash or refundable in any other form.

All settlements with the User, including in particular: refunds, the amount due to the User in connection with withdrawal from the Agreement, the amount due in connection with termination of the Agreement, and the data shown on an invoice or receipt — are determined based on the amount actually paid by the User, i.e. taking into account any discount code applied.

The Service Provider reserves the right to invalidate a discount code and cancel an order made using it if it is found that the code was used contrary to the terms of its availability or in a manner constituting abuse.

The Service Provider may pursue outstanding claims on the terms set out in applicable law.

Billing documents are issued in accordance with tax law. The User accepts delivery of invoices electronically; consent may be withdrawn on the terms indicated on the Website.

If the User uses more than one service on the Website, payment arrears may result in restriction, suspension, or termination of the User's other services as well, provided this follows from the Price List or these Terms and after prior notice to the User.

VI. Breeder's Website Service

The Breeder's Website Service may be provided for a fee or free of charge, depending on the selected Service variant. Current prices and rules for using each Service variant are set out in the Price List available on the BreedCode Website.

The Breeder's Website Service is provided in the Starter, Breeder, and Breeder Pro variants, which differ in the scope of available functionality, resource limits, and scope of technical support.

The detailed scope of functionality available under the Starter, Breeder, and Breeder Pro variants is set out in the Price List or the Specification available on the Website.

Starter Variant:

  • may be provided free of charge for a definite or indefinite period,
  • may include functional or technical limitations,
  • may include mandatory information identifying the BreedCode Platform.

Breeder Variant:

  • is a paid variant,
  • offers an extended range of functionality,
  • may allow removal of the information identifying the BreedCode Platform, if provided for in the Price List.

Breeder Pro Variant:

  • is a paid variant,
  • includes the functionality available in the Breeder Variant,
  • provides access to the AI Assistant within the scope set out in the Price List or Specification,
  • includes a limit of up to 100 successfully completed content generations per calendar month.

A single generation under the AI Assistant means one successfully completed User request, as a result of which the AI Assistant returned a content proposal. Requests that ended in a technical error before a content proposal was returned do not reduce the limit.

The generation limit renews on the first day of each calendar month. An unused limit does not carry over to the following month, is not exchangeable for cash, and cannot be used after the Breeder Pro Variant ends.

Once the monthly limit has been used, access to generating further content is suspended until the limit renews, unless the Price List or an individual arrangement with the Service Provider provides for the possibility of increasing the limit.

Rules for using the AI Assistant:

  • the AI Assistant is a supporting tool, and the generated content consists solely of proposals requiring assessment and approval by the User before publication,
  • the Service Provider does not guarantee the correctness, completeness, timeliness, uniqueness, or fitness for a particular purpose of the generated content,
  • the User is responsible for verifying that the generated content is consistent with the facts, applicable law, good practice, and the rights of third parties,
  • the User is responsible for labelling content as generated or modified using artificial intelligence, if such an obligation arises from applicable law,
  • the User should not provide the AI Assistant with personal data, confidential information, trade secrets, or content to which the User does not hold the appropriate rights,
  • the User is responsible for the decision to use, modify, or publish the generated content.

The AI Assistant may use services of external artificial intelligence technology providers. Accordingly, its availability and response time may depend on the operation of Third-Party Services. Temporary unavailability of the AI Assistant does not mean unavailability of the entire Breeder's Website Service, provided the other core functionalities of the Service operate correctly.

The Service Provider may temporarily restrict access to the AI Assistant where necessary for security reasons, to counteract abuse, to fulfil legal obligations, or to remove a malfunction.

The Service Provider reserves the right to change the scope of functionality of individual Service variants, provided that such changes do not infringe the User's acquired rights during a paid Subscription Period already in progress.

The User may change the Service variant at any time:

  • from Starter to Breeder – effective upon payment,
  • from Starter or Breeder to Breeder Pro – effective upon payment,
  • from Breeder Pro to Breeder – effective at the end of the current Subscription Period, unless the Price List or the variant-change process states otherwise,
  • from Breeder or Breeder Pro to Starter – effective at the end of the current Subscription Period.

Changing the Service variant from Breeder to Breeder Pro during a paid Subscription Period requires payment of a surcharge, calculated as the difference between the price of the Breeder Pro Variant and the price of the Breeder Variant under the Price List, divided by 365 and multiplied by the number of days remaining until the end of the current Subscription Period. The surcharge is payable once, in advance, and the Breeder Pro Variant takes effect once it is paid. After the surcharge is paid, the Subscription Period is not extended or split — the changed variant applies until the end of the originally paid Subscription Period, after which it is renewed on general terms.

The fee for the Breeder's Website Service includes a license fee for use of the BreedCode Platform Software and a fee for Technical Support — within the scope set out in the further provisions of this section.

The Breeder's Website Service is purchased via the Website. During the purchase, the User selects the Service variant, specifies its technical and functional parameters and payment method, and accepts the required contractual templates, in particular these Terms.

The Breeder's Website Service includes:

  • granting the User a license to use the Platform Software.

The detailed scope of the Service's functionality and Technical Support is set out in the Specification available on the Website. This scope may vary depending on the selected Service variant.

To use the Breeder's Website Service, the following conditions must be met jointly:

  • holding User status on the Website,
  • accepting the Terms and other documents indicated during the purchase of the Service,
  • paying the fee for the Service, unless the Agreement provides for a different billing arrangement or concerns the Starter variant or the Trial Period.

Available payment methods for the Breeder's Website Service are indicated on the Website. The User selects a payment method from those available at the time the Agreement is concluded.

The User may conclude an agreement for the free provision of the Breeder's Website Service for a 14-day Trial Period.

For an Agreement concluded for the Trial Period, the provisions on the Trial Period apply first, and otherwise the provisions of these Terms apply, provided they are not contrary to the free nature of the Service.

To conclude an Agreement for the Trial Period, the User is required to provide an e-mail address and phone number. If data necessary for activating the Service is missing, the Service Provider may ask the User to supply it during the Trial Period.

The User may cancel use of the Breeder's Website Service during the Trial Period at any time.

Concluding an Agreement for the Trial Period does not impose on the User any obligation to conclude a paid Agreement.

An Agreement concluded for the Trial Period expires upon the lapse of that period, upon conclusion of an agreement for the Breeder or Breeder Pro variant, or upon the User's cancellation of the Service.

After the trial period expires, if the User has not cancelled the service, the Breeder's Website Service switches to the Starter variant.

The Service Provider may contact the User for a period of 60 days after the end of the Trial Period to learn the reasons for not concluding a paid Agreement or to obtain feedback on the Service.

Use of the Breeder's Website Service may involve the use of other services offered as part of BreedCode or services of third parties, on the terms set out in separate terms of service.

The Breeder's Website Service may be integrated with third-party services (e.g. analytics tools, hosting services, domain services). Agreements regarding those services are concluded directly between the User and the relevant service provider.

Use of the Breeder's Website Service requires meeting the minimum technical requirements set out in the Specification.

The BreedCode Platform Software is made available in an online model on the Service Provider's servers. The User has no right to download or install the Software on their own device.

To use the Service, the Service Provider makes available to the User an individual administrative account (Breeder Panel), used to manage the breeder's website and to communicate with the Service Provider.

Under the Agreement, the Service Provider grants the User a non-exclusive, paid license to use the BreedCode Platform Software, solely to the extent necessary to use the Service and for the duration of the Agreement.

The User is not entitled to make the Software available to third parties, except for making the breeder's website available to its visitors to the extent necessary for viewing it.

The breeder's website may include information identifying the BreedCode Platform as the Service provider. Removal of this information may be conditional on meeting additional requirements set out in the Price List.

The Agreement for the provision of the Breeder's Website Service is concluded:

  1. for the Breeder or Breeder Pro variant – for a definite period (Subscription Period, and for the Breeder Variant also the Trial Period),

  2. for the Starter variant – for an indefinite period, which the Service Provider may terminate at any time, subject to a notice period, or with immediate effect for important reasons.

  3. The Service Provider reserves the right to end the provision of the Breeder's Website Service in the Starter variant, in whole or in part, in particular in the event of discontinuation of the BreedCode Website's operations, a change to its business model, or discontinuation of the Starter variant. In such a case, the User has no claims of any kind on this account.

  4. The User may use the automatic renewal option (recurring/subscription payment). Enabling this option requires the User's express consent (e.g. checking a box during the purchase process).

  5. Where automatic renewal is enabled: a) the fee for the next Subscription Period will be charged automatically from the linked payment card or other payment method, in accordance with the current Price List (unless the User holds a fixed-price guarantee). b) the Service Provider will inform the User electronically of the upcoming renewal and the amount of the fee at least 3 days before the funds are charged. c) the User may cancel automatic renewal at any time in the Administrative Panel, effective at the end of the current Subscription Period (this does not result in immediate closure of the Account, only in the fee for the next period not being charged).

During the term of the Agreement, the User may upgrade the Service variant, on the terms set out in the Price List.

Under the Service, the User is entitled to Technical Support within the scope set out in the Specification.

Complaints regarding the operation of the Service are handled in accordance with the rules set out in these Terms.

The Service Provider is entitled to use aggregated statistical data concerning breeder websites (without personal data) for the purposes of developing and promoting the BreedCode Platform.

The Service Provider may use the name, logo, and address of the breeder's website as a marketing reference, without infringing the User's rights to those designations.

VII. Internet Domains

  1. As part of the Breeder's Website Service in the Breeder or Breeder Pro Variant, the Service Provider may provide the User with one internet domain with the ".pl" extension (the "Domain"), registered by the Service Provider in its own name and for its own account, through an authorized registrar (a NASK partner).

  2. Throughout the term of the Agreement, the Domain remains the property of the Service Provider and is registered to Evolved Sp. z o.o. The User has only the right to use the Domain as part of the Service and for its duration. The User does not acquire subscriber rights to the Domain in the NASK registry upon concluding the Agreement.

  3. The Service Provider covers the costs of registering and renewing the Domain for as long as the Agreement remains active under the Breeder or Breeder Pro Variant. Expiry or termination of the Agreement entitles the Service Provider to stop covering the costs of renewing the Domain.

  1. The User is solely responsible for content published under the Domain, in particular for its compliance with the law, NASK's regulations, and third-party rights. The Service Provider, as the formal subscriber of the Domain, is entitled to immediately block or redirect it if content published under the Domain:

    • violates generally applicable law,
    • violates the terms of service of the relevant registrar or NASK,
    • infringes copyright, trademarks, or the personal rights of third parties,
    • endangers the security of the Website or its users.

  2. Upon the User's written request submitted during the term of the Agreement or within 30 days of its termination, the Service Provider will transfer the Domain subscription to the User and issue the authorization code (AuthInfo) necessary to transfer the Domain to a registrar chosen by the User, provided the following conditions are jointly met:

    • the User pays a transfer fee of PLN 99 gross,
    • the User settles any outstanding obligations owed to the Service Provider,
    • the User submits a request to: kontakt@breedcode.com, indicating the Domain name and the details required for the transfer.

  1. The Service Provider will carry out the Domain transfer and issue the AuthInfo code within 7 business days of all conditions in item 5 being met.

  2. Domain transfer during the term of the Agreement — DNS configuration. If the Domain is transferred during the term of the Agreement, continued correct operation of the Breeder's Website Service under that Domain requires the User to independently configure DNS records pointing to the Service Provider's servers. The Service Provider is not liable for unavailability of the Breeder's Website Service or the Domain resulting from incorrect DNS configuration after the transfer. The Service Provider does not provide technical support for DNS configuration with an external registrar.

  3. After 30 days from termination or expiry of the Agreement, if no request for Domain transfer has been submitted under item 5, the Service Provider is entitled to stop renewing the Domain's registration, release it, or transfer it to another entity. By concluding the Agreement, the User acknowledges and accepts the above. After the Domain is released, the User has no claims on this account.

  4. The Service Provider will inform the User electronically of the Domain's upcoming expiry at least 30 days in advance, provided it holds a current e-mail address for the User. Failure to receive such notice for reasons attributable to the User (outdated e-mail address, spam filter) does not give rise to liability on the part of the Service Provider for the Domain's expiry.

10. The Service Provider is not liable for:

  • blocking or removal of the Domain by NASK or the registrar for reasons attributable to the User,
  • unavailability of the Domain resulting from actions of state or judicial authorities,
  • loss of search engine rankings related to the transfer, change, or expiry of the Domain,
  • unavailability of the Domain at an external registrar after its transfer.

  1. The User states that, before activating the Service, they reviewed the domain registration and maintenance rules applicable at the relevant registrar and at NASK, and undertakes to comply with them to the extent they concern content published under the Domain.

VIII. Protection of Personal Data

1. Data Controller

The controller of the personal data of Users and other persons using the Website is Evolved Sp. z o.o., with its registered office at Guzowy Piec 47, 11-036 Gietrzwałd, Poland, Tax ID (NIP): 7393950184, KRS: 0000884081, e-mail: kontakt@breedcode.com (the "Controller").

2. Purposes and legal bases for processing

The Controller processes Users' personal data for the following purposes:

Purpose of processing Legal basis
Conclusion and performance of the service agreement (account registration, subscription management, billing, payment handling) Art. 6(1)(b) GDPR – necessity for performance of a contract
Verification and registration of breeding operations, publication of the breeder's website on the Website Art. 6(1)(b) GDPR – performance of a contract
Fulfilling legal obligations (issuing invoices, retaining accounting records, responding to requests from public authorities) Art. 6(1)(c) GDPR – legal obligation
Handling complaints and pursuing or defending against claims Art. 6(1)(f) GDPR – legitimate interest of the Controller
Internal analytics and statistics on use of the Website (aggregated and anonymized data) Art. 6(1)(f) GDPR – legitimate interest (Platform development and security)
Ensuring Website security, detecting abuse and unauthorized access Art. 6(1)(f) GDPR – legitimate interest of the Controller
Marketing and informational communication about the Controller's Services (newsletter, e-mail, push notifications) Art. 6(1)(a) GDPR – User's consent (given separately; may be withdrawn at any time)
Contacting the User after the trial period ends (up to 60 days) to obtain feedback or present an offer Art. 6(1)(f) GDPR – legitimate interest of the Controller

3. Data retention period

Data is processed for:

  • the term of the Agreement, and after its termination – for the limitation period of claims arising from the Agreement,
  • the period required by tax and accounting law (generally 5 years from the end of the tax year to which the documents relate),
  • the validity of any marketing consent given – until it is withdrawn, no longer than 3 years from the last contact.

After these periods expire, the data is permanently deleted or anonymized.

4. Recipients of data

Users' personal data may be shared with:

  • processors acting on the Controller's instructions (server infrastructure providers, payment operators, customer service software providers),
  • entities authorized to receive it under law (tax authorities, courts, law enforcement),
  • domain registrars (e.g. NASK) – to the extent necessary to register a domain on the User's behalf.

The Controller does not sell Users' personal data to third parties.

5. Transfers of data outside the EEA

Where infrastructure providers based outside the European Economic Area are used, data may be transferred to third countries. Such transfers are based on standard contractual clauses approved by the European Commission (Art. 46(2)(c) GDPR) or another mechanism provided for by the GDPR. The User may obtain a copy of the safeguards applied by contacting the Controller.

6. Rights of data subjects

The User has the right to:

  • access their data (Art. 15 GDPR),
  • rectify inaccurate data or complete incomplete data (Art. 16 GDPR),
  • erasure of data ("the right to be forgotten") – to the extent there is no other legal basis for processing (Art. 17 GDPR),
  • restriction of processing (Art. 18 GDPR),
  • data portability for data processed on the basis of a contract or consent (Art. 20 GDPR),
  • object to processing based on the Controller's legitimate interest (Art. 21 GDPR),
  • withdraw consent at any time, without affecting the lawfulness of processing carried out before its withdrawal (Art. 7(3) GDPR),
  • lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw, uodo.gov.pl).

Requests regarding the exercise of these rights should be sent to: kontakt@breedcode.com. The Controller handles requests without undue delay, no later than within 30 days, with the possibility of extension by a further 60 days in cases justified by the complexity of the matter, of which the User will be informed.

7. Voluntariness of providing data

Providing personal data is voluntary but necessary to conclude and perform the Agreement and to use the Services. Failure to provide the required data prevents the Service from being provided. Providing data for marketing purposes is entirely voluntary.

8. Automated decision-making

The Controller does not apply automated decision-making to Users, including profiling, that would produce legal effects concerning them or similarly significantly affect them.

9. Detailed privacy policy

Detailed information on data processing rules, including information on cookies used, can be found in the Privacy Policy available at: breedcode.com/privacy.

IX. Entrustment of Processing of Personal Data of the User's Customers

1. To the extent that the User processes, as part of the Service, personal data of third parties (in particular data of breeding customers to whom the User has sold or plans to sell an animal – the "Entrusted Data"), the User acts as a personal data controller within the meaning of Art. 4(7) GDPR, and the Service Provider acts as a processor within the meaning of Art. 4(8) GDPR. This section constitutes a data processing agreement within the meaning of Art. 28 GDPR (the "Data Processing Agreement"), concluded upon the User's acceptance of these Terms.

2. Subject and nature of processing. The subject of processing is the storage, recording, securing, organizing, and display of Entrusted Data within the Service's functionality (including the customer/animal-buyer records module). Processing is technical and ancillary to the User's own activities.

3. Purpose of processing. Provision of the Service to the User, including enabling the User to maintain records of animal sales and to contact buyers, to the extent the User uses such Service functionality.

4. Duration of processing. For the entire term of the service agreement, and after its termination – for the period indicated in item 12 below.

5. Type of personal data. Ordinary data entered by the User as part of the Service, in particular: first and last name, address, phone number, e-mail address, data on animal sale transactions, and other data voluntarily entered by the User. The Data Processing Agreement does not cover processing of special categories of personal data (Art. 9 GDPR) – the User undertakes not to enter such data into the Service.

6. Categories of data subjects. Customers (animal buyers) and other third parties whose data the User voluntarily enters into the Service in connection with their breeding activities.

7. The Service Provider undertakes to:

  1. process Entrusted Data only on documented instructions from the User, whereby acceptance of these Terms and use of the Service's functionality in line with its purpose is considered such an instruction; for instructions going beyond this scope, the Parties will agree separate terms of cooperation;
  2. ensure that persons authorized to process Entrusted Data have committed to confidentiality or are subject to an appropriate statutory duty of confidentiality;
  3. take all measures required under Art. 32 GDPR, including using encryption, pseudonymization (where appropriate), regular testing and evaluation of the effectiveness of security measures, and backing up Entrusted Data;
  4. to the extent possible, assist the User – through appropriate technical and organizational measures – in fulfilling the obligation to respond to requests from data subjects exercising their rights under Chapter III GDPR;
  5. taking into account the nature of the processing and available information, assist the User in fulfilling the obligations set out in Art. 32–36 GDPR, including reporting data breaches to the supervisory authority, notifying data subjects of a breach, and, where the nature of processing requires it, carrying out a data protection impact assessment (DPIA) and prior consultations with the supervisory authority;
  6. without undue delay, no later than within 72 hours of becoming aware of a breach affecting Entrusted Data, report the breach to the User, providing the information necessary for the User to fulfil their obligations under Art. 33–34 GDPR (in particular: the nature of the breach, the approximate number of affected persons and records, a description of possible consequences, and measures taken or proposed);
  7. after the Service ends, depending on the User's decision, delete or return to the User all Entrusted Data and delete any existing copies of it, unless EU or Member State law requires further storage of the data;
  8. provide the User with the information necessary to demonstrate compliance with the obligations set out in this Data Processing Agreement, and enable the User or an auditor authorized by the User to carry out an audit, including inspections, of compliance of processing with this Agreement — upon written request submitted at least 14 days in advance, within a timeframe and scope agreed by the Parties, no more than once per calendar year, unless the audit results from a reasonable suspicion of a breach; the User bears the cost of the audit, unless the audit reveals a material breach of this Agreement by the Service Provider;
  9. promptly inform the User if, in its opinion, an instruction given constitutes a breach of the GDPR or other EU or Member State data protection provisions.

8. Sub-processors. The User gives general consent for the Service Provider to use sub-processors to the extent necessary to provide the Service. The current list of sub-processors is available at: https://breedcode.com/subprocessors and forms an integral part of the Data Processing Agreement. As of 13 July 2026, this list comprises:

Entity Function Location Scope of Entrusted Data processed
OVH Hosting (dedicated server, cloud, database, storage) EU Full scope of Entrusted Data
Recovo sp. z o.o. Hosting (dedicated server) EU Full scope of Entrusted Data
Cyberfolks E-mail delivery (notifications, transactional communication) Poland Entrusted Data within the content of messages sent

The Service may additionally use other providers (e.g. DNS, analytics tools, AI-assisted content generation features) that do not have access to Entrusted Data and are therefore not treated as sub-processors within the meaning of this Data Processing Agreement; information about them can be found in the Privacy Policy.

9. The Service Provider will notify the User electronically, at least 14 days in advance, of any planned change to the list of sub-processors involving the addition or replacement of a sub-processor. Within this period, the User may object to the change; an objection entitles the User to terminate the Agreement without incurring additional costs, subject to settlement of Services already provided.

10. The Service Provider imposes on each sub-processor – by way of a contract or other legal instrument – the same data protection obligations as those under this Data Processing Agreement, in particular regarding sufficient guarantees of implementing appropriate technical and organizational measures. The Service Provider is liable to the User for the sub-processor's fulfilment of obligations to the same extent it would be liable had it processed that data itself.

11. Transfers of data outside the EEA. As of the date of conclusion of the Data Processing Agreement, all sub-processors listed in item 8 are based within the European Economic Area, and Entrusted Data is therefore not transferred outside the EEA. Should the Service Provider begin using a sub-processor outside the EEA in the future, transfer of Entrusted Data will take place solely on the basis of standard contractual clauses approved by the European Commission (Art. 46 GDPR) or another mechanism provided for by the GDPR, of which the User will be informed in accordance with the procedure described in item 9.

12. Retention period and deletion of data. Entrusted Data is stored for the term of the service agreement. After it ends, the Service Provider retains Entrusted Data for 30 days to enable the User to download it, after which it is permanently deleted, unless the law requires further storage.

13. The Service Provider is liable for damage caused by processing of Entrusted Data where it has failed to fulfil the obligations that the GDPR imposes directly on processors, or where it acted outside or contrary to the User's lawful instructions — on the terms set out in Art. 82 GDPR.

X. Right of Withdrawal

A Consumer and an Entrepreneur with Consumer Rights has the right to withdraw from the Agreement within 14 days of its conclusion, without giving a reason.

To exercise the right of withdrawal, the User must inform the Service Provider of their decision by an unambiguous statement (e.g. a message sent by e-mail to: customer@breedcode.com).

If the User requested that provision of the Service (access to the Website Builder) begin before the withdrawal period expired, in the event of withdrawal the User must pay an amount proportional to the scope of performance provided up to the point they informed the Service Provider of the withdrawal, calculated based on the price actually paid by the User. This amount is calculated proportionally to the duration of the Agreement.

Exclusion of the right of withdrawal (Domains): The right of withdrawal does not apply to the domain registration service if the service has been fully performed with the express consent of the Consumer, who was informed before performance began that they would lose the right of withdrawal once the service was completed (this applies where the domain has been successfully registered in the NASK registry or another registry).

XI. Deletion of Service and Account

The User may request deletion of a single Service or of the entire Account, on the terms set out in this section.

A request to delete a Service or Account requires confirmation via a link sent to the e-mail address associated with the Account. The link is valid for 24 hours from generation.

After confirmation, the Service or Account is marked for deletion and enters a 14-day grace period, counted from the moment of confirmation. During the grace period:

  • the Service ceases to be publicly available, and attempting to access its address returns a response indicating the resource is not found (404),
  • the operation cannot be reversed by the User independently via the panel — reversal during this period requires contacting the Service Provider's technical support,
  • new orders or payments relating to the given Service or Account cannot be initiated.

A Service may be deleted regardless of whether it has an active paid Plan (Breeder/Breeder Pro). Deleting a Service with an active Plan does not give rise to any obligation on the Service Provider's part to refund amounts for the unused period of the Plan, subject to the User's rights under the right of withdrawal referred to in Section IX [as numbered in the source].

If the Service is assigned to an aggregate (parent account), its deletion also removes the link to that aggregate — the Service ceases to be visible and available within the aggregate, on the same basis as deletion of a standalone Service.

Deletion of the Account is a separate process from deletion of a single Service. The Service Provider may refuse to begin the Account deletion process if the User still owns active Services — in such case, deletion of the Account requires prior deletion or transfer of ownership of those Services.

After the grace period expires, Account data is permanently anonymized, including in particular replacement of data identifying the User (name, e-mail address, password) with technical values that prevent identification, and invalidation of active sessions and access tokens.

The provisions of item 7 [as numbered in the source] do not apply to billing data — in particular payment history, invoices, accounting documents, and data required under tax and accounting law. This data is retained for the period required by applicable law, regardless of deletion of the Service or Account, in a manner that prevents it from being linked to an active, public User profile.

XII. Termination of the Agreement; Renewal of the Service

The Agreement for the provision of the Breeder's Website Service in the Breeder or Breeder Pro variant is concluded for a definite period corresponding to a 365-day Subscription Period (and, for the Breeder Variant, also for the Trial Period preceding the Subscription Period).

To maintain continuity of the Breeder's Website Service in the Breeder or Breeder Pro variant, the User should renew it before the current Subscription Period expires, in accordance with the terms set out in the Price List.

The Service Provider may inform the User electronically of the approaching end of the Subscription Period and of the possibility and terms of renewing the Service. Failure to receive such information does not release the User from the obligation to exercise due diligence regarding renewal of the Service and does not give rise to any claims on the User's part.

The User may terminate the Agreement before the end of the Subscription Period only in cases provided for by mandatory law, or in the event of a material breach of the Agreement by the Service Provider, after first calling on the Service Provider to remedy the breach and after the set deadline has passed without effect, which deadline shall be no shorter than:

  • 30 days – for a User who is not a Consumer,
  • 14 days – for a Consumer or Entrepreneur with Consumer Rights.

The Service Provider is entitled to terminate the Agreement:

  • subject to a 30-day notice period,
  • for Services with a shorter Subscription Period – subject to a 3-day notice period,

subject to the provisions concerning Consumers and Entrepreneurs with Consumer Rights.

The Service Provider may terminate the Agreement with immediate effect where:

  • the User is in arrears with payments,
  • the User breaches these Terms or other documents applicable on the Website,
  • the User provides false or outdated data and does not remedy this despite being called upon to do so,
  • the User publishes Materials that violate the law, third-party rights, or good practice,
  • use of the Service endangers the security of the Website or other Users,
  • continued provision of the Service has become impossible for technical, organizational, or economic reasons,
  • the Service Provider ends or suspends the activity necessary to provide the Service.

In the case of a Modification to the Service necessary for its continued provision, the Service Provider may terminate the Agreement if:

  • the Modification is necessary to maintain the Service, and
  • the User has not carried out the indicated technical actions despite prior notice and a deadline of no less than 14 days.
  1. Upon expiry or termination of the Agreement concerning the Breeder or Breeder Pro variant, the User loses access to the functionality of the relevant variant and to the Breeder's Website Panel to the extent of that functionality, while the Breeder's Website Service continues to be provided in the Starter variant.

Materials and data collected as part of the Service may be retained by the Service Provider for 30 days from the end of the Agreement, to allow the User to download or otherwise secure them, unless the Terms or law provide otherwise.

After the period referred to in item 9 [as numbered in the source] expires, the Materials may be permanently deleted, subject to archiving obligations arising from law.

Provisions concerning the right of withdrawal for Consumers and Entrepreneurs with Consumer Rights apply in accordance with the separate section of these Terms.

XIII. Suspension or Blocking of the Account

The Service Provider is entitled to temporarily suspend or block the User's Account, and to restrict access to the Breeder's Website Service, where the User:

§ breaches these Terms,

§ publishes Materials that are unlawful, contrary to good practice, or that infringe third-party rights,

§ uses the Service in a manner that may endanger the security of the Website or other Users.

§ In the event of material breaches, the Service Provider may block the Account with immediate effect.

§ Blocking or suspending the Account does not release the User from the obligation to settle fees due for the Breeder or Breeder Pro variant for the period up to the effective date of termination of the Agreement.

XIV. Liability and Service Level Agreement (SLA)

1. Guaranteed availability level

The Service Provider makes every effort to ensure continuity of the Service. The guaranteed availability level of the Service (SLA) is 99.0% per calendar month, corresponding to a maximum total downtime of approximately 7 hours and 18 minutes per month.

2. Definition of unavailability and method of measurement

Unavailability of the Service means a state in which the Website is completely unavailable to the User and its visitors for reasons attributable to the Service Provider or its sub-processors, confirmed by the Service Provider's monitoring system.

Downtime does not include:

  • planned maintenance breaks announced at least 24 hours in advance on the Service's status page,
  • unavailability resulting from reasons attributable to the User or the User's internet providers,
  • unavailability caused by force majeure (e.g. failure of external backbone networks),
  • partial unavailability affecting only functionality that is not key to the operation of the breeder's website (e.g. temporary delays in the administrative panel).

Downtime is counted from the moment it is confirmed by the Service Provider's monitoring system or from the moment it is reported by the User (whichever occurs first), until full availability of the Service is restored.

3. Compensation for failure to meet the SLA

In the event the SLA level is not met in a given calendar month:

  • the User is entitled to an extension of the Subscription Period equal to twice the total confirmed downtime,
  • the extension is applied automatically or upon the User's request submitted within 30 days of the end of the month in which the SLA was not met,
  • the Service Provider carries out the extension within 14 days of confirming the request is justified.

The above constitutes the sole form of compensation for Service unavailability for Users who are not Consumers.

4. Limitation of liability in B2B relations

In relations with Users who are not Consumers, the Service Provider's liability for non-performance or improper performance of the Agreement is limited to the amount of the subscription fee paid by the given User for the last 12 months preceding the event causing the damage. The Service Provider is not liable to such Users for lost profits.

5. Consumer protection

The limitations of liability referred to in items 3 and 4 do not apply to Consumers and Entrepreneurs with Consumer Rights to the extent they would be contrary to mandatory law.

6. Service status page

Current information on Service availability and ongoing or planned technical breaks is available at: breedcode.com/status.

XV. Personal Data; Use of User Data

  1. The controller of the personal data of Users and other persons using the Website is Evolved Sp. z o.o. (the Service Provider).

  2. Depending on the scope of use of the Breeder's Website Service, the User may act as controller of personal data processed as part of the breeder's website they run, in particular data of third parties (e.g. breeding customers). In such case, the Service Provider acts as processor of that data on the basis of these Terms.

  3. Providing personal data is voluntary for the User, but necessary to conclude the Agreement and use the Services. Failure to provide the required data prevents provision of the Service.

  4. Detailed information on the rules for processing data for which the Service Provider is the controller is set out in the Privacy Policy available on the Website.

  5. The Service Provider may use aggregated and anonymous data (not personal data) on how the Services are used for analytical and development purposes of the BreedCode Platform.

  6. [Data Processing Agreement] As part of providing the Service, the User (as Data Controller) entrusts the Service Provider (as Processor) with the processing of personal data of third parties collected on the breeder's website.

  7. This entrustment is made for the purpose of performing the Agreement (provision of the SaaS/hosting service) and covers storing, recording, securing, and displaying data on servers.

  8. The scope of entrusted data covers ordinary data such as: first name, last name, e-mail address, phone number, and other data voluntarily entered by the User or their customers on the breeder's website.

  9. The Service Provider undertakes to: a) process data only on the Controller's documented instructions (acceptance of these Terms and use of the Website Builder's features is considered such an instruction); b) ensure that persons authorized to process the data commit to confidentiality; c) take all security measures required under Art. 32 GDPR (encryption, backups); d) assist the Controller (to the extent technically possible) in fulfilling its obligation to respond to requests from data subjects.

  10. The User gives general consent for the Service Provider to use sub-processing services to the extent necessary to provide the Services. The current list of sub-processors is available at: breedcode.com/subprocessors and forms an integral part of these Terms.

10a. The Service Provider will notify the User electronically, at least 14 days in advance, of any planned change to the sub-processor list involving the addition or replacement of a sub-processor. The User may object to the change within this period. Failure to object within the set deadline constitutes acceptance of the change. An objection carries the User's right to terminate the Agreement without incurring additional costs, subject to settlement of Services already provided.

  1. After the processing-related Service ends, the Service Provider — depending on the User's decision — deletes or returns to the User all personal data and deletes all existing copies of it, unless EU or Member State law requires retention of the personal data. Deletion follows the timeframes indicated in the section on Termination of the Agreement (generally up to 30 days).

XVI. Change of Parties to the Agreement (Assignment)

The User may transfer the rights and obligations arising from the Agreement for the Breeder's Website Service to a third party (the "Assignee") only provided that:

  • there are no outstanding obligations to the Service Provider,
  • the Service Provider's prior consent has been obtained, given in documentary form, on pain of invalidity.

The Service Provider may refuse consent to the Assignment only for important reasons, in particular if the conditions in item 1 are not met.

If personal data of third parties is processed in connection with the Breeder's Website Service, effective Assignment additionally requires the Assignee to simultaneously assume the obligations of a personal data controller, or to conclude a new agreement with the Service Provider governing the rules for processing personal data.

The Service Provider is entitled to transfer the rights and obligations arising from the Agreement to another entity without the User's consent, subject to mandatory law concerning Consumers and Entrepreneurs with Consumer Rights.

The User is not entitled to transfer to a third party any claims against the Service Provider without the Service Provider's prior consent given in documentary form, subject to the provisions concerning Consumers and Entrepreneurs with Consumer Rights.

An Assignee replacing the previous User is jointly and severally liable with that User for obligations arising up to the date of the Assignment.

The Service Provider may charge a fee for carrying out an Assignment, if its amount is specified in the Price List.

XVII. Complaints

The User has the right to file complaints regarding the quality of the Breeder's Website Service. Consumers and Entrepreneurs with Consumer Rights additionally have the right to file complaints regarding the Service's conformity with the Agreement, in accordance with consumer protection law.

Complaints should be submitted electronically to: kontakt@breedcode.com. Consumers and Entrepreneurs with Consumer Rights may also submit complaints in writing to the Service Provider's registered office address indicated on the Website.

A complaint should include:

  • the User's data enabling identification,
  • an indication of the Breeder's Website Service to which the complaint relates,
  • a description of the subject of the complaint,
  • the circumstances justifying the complaint,
  • an indication of the User's demand,
  • optionally, a different e-mail address for correspondence regarding the complaint.

If a complaint is incomplete, the Service Provider may ask the User to supplement it. The deadline for handling the complaint runs from the date the deficiencies are remedied.

Complaints are handled no later than within 30 days of being delivered to the Service Provider. Complaints from Consumers and Entrepreneurs with Consumer Rights are handled within 14 days of delivery.

The response to a complaint is sent to the User electronically to the e-mail address associated with the Account, unless the User indicates a different correspondence address.

If a complaint is deemed justified, the Service Provider takes action to address it to the extent possible given the nature of the Service and applicable law. Any refund of payments is made using the same payment method used by the User, unless the parties agree otherwise.

For matters not covered by this section, the provisions of the Polish Consumer Rights Act apply to complaints from Consumers and Entrepreneurs with Consumer Rights.

XVIII. Final Provisions

  1. The minimum guaranteed availability of the Breeder's Website Service (SLA), as well as the rules on the Service Provider's liability for non-performance or improper performance of the Agreement, are set out in these Terms and, where applicable, the General Terms of Service of the BreedCode Website.

  2. These Terms come into force on 1 December 2025 and apply to Agreements for the Breeder's Website Service concluded after that date.

  3. For Agreements concluded before these Terms came into force and still in effect on that date, the provisions of the previous terms of service applicable on the Website apply, except that renewal or a change of Service variant takes place under the terms set out in these Terms.

  4. The Service Provider reserves the right to amend these Terms for important reasons, such as: changes in law, changes to payment or delivery methods, changes to the scope or form of the Services provided, or technological changes affecting the provision of the Services.

    a. The User will be notified of any change by e-mail at least 14 days before the change is due to take effect.

    b. If the User does not accept the new content of the Terms, the User has the right to terminate the Agreement with immediate effect (or at the end of the current Subscription Period) by submitting a termination statement before the changes take effect.

    c. If the User terminates the Agreement due to a change in the Terms, and the User has paid for the Service in advance (Breeder or Breeder Pro Variant), the Service Provider will refund the User a fee proportional to the unused period, counted from the date the Agreement is terminated.

    d. Failure to terminate the Agreement within the period indicated in point (a) constitutes acceptance of the new Terms.

  5. Polish law is the governing law for the Agreement and these Terms. Any disputes arising from the Agreement or related to use of the Website will be settled by the common court with jurisdiction over the Service Provider's registered office.

  6. Point 5 does not exclude or limit the rights available to consumers under mandatory law, in particular the right to pursue claims before the court having jurisdiction under applicable law.

Source: BreedCode Terms of Service (Polish original), https://breedlo.pl/pl/terms. This is a working translation for reference purposes; the Polish-language original governs in the event of any discrepancy.