Terms and conditions - Cookie Baner

TERMS AND CONDITIONS OF THE ONLINE STORE AND THE PROVISION OF ELECTRONIC SERVICES cookiebaner.pl Version: 1.0 | Effective date: 20-03-2026

§ 1. GENERAL PROVISIONS AND DEFINITIONS

These Terms and Conditions (hereinafter: “Terms”) set out the rules for using the online store operated at https://cookiebaner.pl (hereinafter: “Service” or “Store”), the rules for the provision of electronic services, the rules for concluding Software license agreements, the rights and obligations of the Seller and the Client, as well as the complaint procedure.

The owner and operator of the Service is Cookie Baner, with its registered office in Wrocław, ul. Madalińskiego 101/16, NIP [Tax ID]: 8871760988, email address: kontakt@cookiebaner.pl (hereinafter: “Seller”).

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

Client – a natural person running a business, a legal entity, or an organizational unit without legal personality but having legal capacity, who enters into a License Agreement with the Seller via the Service. A Client may also be a consumer within the meaning of Article 22¹ of the Civil Code or a natural person entering into a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for that person (hereinafter: “Entrepreneur with consumer rights”), resulting in particular from the subject of their business activity made available under the provisions on the Central Register and Information on Economic Activity.
Software or Plugin – computer software named “CookieBaner”, distributed as a plugin for the WordPress content management system, used to display cookie notifications and integrate with the Google Consent Mode V2 mechanism, provided exclusively as digital content not recorded on a tangible medium.
License – a non-exclusive, limited, revocable, and non-transferable right to use the Software, granted to the Client under the conditions specified in these Terms and in the selected Subscription Plan.
License Agreement or Agreement – an agreement for the supply of digital content, within the meaning of Article 2 point 5 of the Act of 30 May 2014 on consumer rights, concluded between the Seller and the Client on the principles set out in these Terms.
Subscription Plan – a License variant selected by the Client, specifying the number of websites (WordPress installations) on which the Client is authorized to activate the Software (respectively: 1 site, 3 sites, 100 sites), the validity period, and the license fee amount.
Subscription Period – a period of 12 (twelve) consecutive calendar months, counted from the date of License activation, during which the Client is entitled to use the Software and receive its updates.
License Key – a unique alphanumeric string assigned to the Client’s Account, enabling the activation of the Software on the Client’s website.
Client Account or My Account – the Client’s individual administrative panel available in the Service after registration, enabling the management of subscriptions, billing data, and License Keys.
Stripe – an external payment processor (Stripe, Inc. and Stripe Payments Europe, Ltd.), through which payments in the Service are processed.

Using the Service, including placing orders, requires the acceptance of these Terms in their entirety. Placing an order is equivalent to the Client’s declaration that they have read the Terms, understand their provisions, and accept them without reservation.

The Terms are made available free of charge via the Service in a form that allows them to be obtained, reproduced, and recorded.

The Service is addressed primarily to professional entities (B2B) – entrepreneurs, interactive agencies, web developers, and website administrators – using the Software as part of their business or professional activity.

§ 2. TECHNICAL REQUIREMENTS

To use the Service and the Software, the following minimum technical requirements must be met:

Internet access.
A current web browser version (Chrome, Firefox, Safari, Edge).
An active email account.
A server with the WordPress system installed in the version specified in the Software’s technical documentation on cookiebaner.pl.
PHP version and server configuration consistent with the technical documentation requirements.

The Seller is not responsible for technical problems resulting from the Client’s failure to meet the technical requirements referred to in paragraph 1, including in particular the inability to install, activate, or properly operate the Software.

The Software runs locally on the Client’s server. The Seller does not provide hosting, disk space, or server infrastructure to support the Software. All issues related to the performance, security, and configuration of the Client’s server remain the sole responsibility of the Client.

§ 3. ACCOUNT REGISTRATION AND CONCLUSION OF THE AGREEMENT

The condition for placing an order is the prior registration of a Client Account in the Service. Registration requires providing identification and contact details, including in particular: company name, NIP [Tax ID] number, registered office address, email address, and data necessary to issue an invoice.

The Client is obliged to provide true, complete, and up-to-date data. The Client bears sole responsibility for any consequences resulting from providing untrue, incomplete, or outdated data.

The conclusion of the License Agreement takes place upon the joint fulfillment of the following conditions:

The Client has selected a Subscription Plan and placed an order via the Service.
The Client has accepted these Terms.
The Client has submitted the statement referred to in § 5 section 2 of these Terms (consent to the immediate supply of digital content and loss of the right of withdrawal).
Payment for the order has been successfully processed via the Stripe payment operator.

Immediately after the conclusion of the Agreement, the Client receives an order confirmation at the provided email address, containing: the order number, the selected Subscription Plan, the payment amount, information about the granted License, and access to the License Key in the My Account panel.

The recording, securing, and making available of the Agreement’s content takes place by sending the Client the order confirmation via email and making the Terms available in the Service.

§ 4. SUBSCRIPTIONS, PAYMENTS, AND AUTOMATIC RENEWAL

The License Agreement is concluded for a fixed term of 12 (twelve) calendar months (Subscription Period).

The license fee for the selected Subscription Plan is charged in advance for the entire Subscription Period. The amount of fees is specified in the current price list available in the Service at the time of placing the order. All prices given in the Service are net prices and will be increased by VAT at the rate applicable on the day the invoice is issued.

Payments are processed exclusively via the Stripe payment operator. The Seller does not store the Client’s payment card details. The rules for processing payment data are set out in the Stripe operator’s privacy policy.

Automatic subscription renewal: After the Subscription Period expires, the Agreement is automatically renewed for another Subscription Period (12 months), unless the Client cancels the subscription before the current Subscription Period expires. In the event of automatic renewal, the license fee for the next Subscription Period will be automatically charged to the Client’s payment card via Stripe, according to the current price list valid on the day of renewal.

Canceling a subscription: The Client may cancel the subscription at any time via the My Account panel in the Service. Canceling the subscription means resigning from the automatic renewal of the Agreement for another Subscription Period. Canceling the subscription:

Does not result in a refund of any part of the license fee paid for the current Subscription Period, including in particular a pro-rata refund for unused time.
Does not cause the immediate expiration of the License – the Client retains the right to use the Software until the end of the paid Subscription Period.
Takes effect upon the expiration of the current Subscription Period.

Consequences of License expiration: After the Subscription Period expires, if the subscription has not been renewed (including as a result of its cancellation or non-payment), the License expires, and the Client loses the right to:

Use the full functionality of the Software.
Receive Software updates.
Use technical support.

The Seller reserves the right to remotely deactivate the License Key after the License expires. The Client acknowledges that after the License expires, the Software may cease to function correctly, including ceasing to display cookie notifications on the Client’s website. The Seller bears no responsibility for the legal, technical, or financial consequences resulting from the expiration of the License.

No refunds: The paid license fee is non-refundable in any case, including in particular in the event of: canceling the subscription during the Subscription Period, the Client ceasing to use the Software for any reason, the Client’s dissatisfaction with the functionality of the Software, changes in the Client’s technical environment preventing the use of the Software, or a change in the law affecting the functioning of the Software.

§ 5. NO RIGHT OF WITHDRAWAL (DELIVERY OF DIGITAL CONTENT)

The Software is digital content within the meaning of Article 2 point 5 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), supplied in a form not recorded on a tangible medium. The delivery of the Software (in the form of providing the License Key and the ability to download the Plugin’s installation files) takes place immediately after the payment is credited, i.e., before the expiration of the 14-day withdrawal period.

By placing an order, the Client – being a consumer or an Entrepreneur with consumer rights – through an explicit declaration of intent expressed in the order form (by checking the appropriate checkbox):

Consents to the performance of the service (supply of digital content) before the withdrawal period expires.
Confirms that they have been informed that granting the above consent results in the loss of the right to withdraw from the agreement upon the commencement of the service performance (i.e., upon the provision of the License Key or Plugin installation files).

Pursuant to Article 38 point 13 of the Act of 30 May 2014 on consumer rights, a Client who is a consumer or an Entrepreneur with consumer rights does not have the right to withdraw from a distance contract if the performance of the service (supply of digital content not recorded on a tangible medium) began with the Client’s express and prior consent before the withdrawal period expired and after the Seller informed them of the loss of the right of withdrawal.

In the case of Clients who are neither consumers nor Entrepreneurs with consumer rights (i.e., professional entrepreneurs), the right to withdraw from a distance contract referred to in the Act on Consumer Rights does not apply by law.

In any case, regardless of the Client’s status, the paid license fee is non-refundable unless unconditionally binding legal provisions stipulate otherwise.

§ 6. LICENSE AND INTELLECTUAL PROPERTY RIGHTS

Upon concluding the License Agreement and crediting the payment, the Seller grants the Client a non-exclusive, non-transferable, revocable, territorially limited to the territory of the Republic of Poland (unless the terms of the Subscription Plan stipulate otherwise) and time-limited (until the end of the Subscription Period) License to use the Software, solely to the extent and on the conditions specified in these Terms.

The License authorizes the Client solely to:

Install and run the Software on the number of websites (WordPress installations) corresponding to the selected Subscription Plan (respectively: 1, 3, or 100).
Use the Software in accordance with its intended purpose and technical documentation.
Download and install Software updates provided by the Seller during the Subscription Period.

The Client is not entitled in particular to:

Sublicense, resell, rent, lend, lease, distribute, or make the Software or License Key available to third parties in any other way, for a fee or free of charge.
Decompile, disassemble, reverse engineer, or perform any other form of source code analysis of the Software, subject to unconditionally binding legal provisions.
Modify, adapt, translate, or create derivative works based on the Software.
Remove, alter, or hide copyright notices, trademarks, intellectual property rights notices, or technical protections of the Software.
Use the Software in a manner that violates the law, third-party rights, or the provisions of these Terms.
Install the Software on a larger number of websites than allowed by the selected Subscription Plan.

All intellectual property rights to the Software, including in particular proprietary copyrights, rights to the source code, documentation, graphic design, logotypes, trade names, databases, and know-how, belong exclusively to the Seller or entities from which the Seller has obtained relevant licenses. Concluding the License Agreement does not transfer any intellectual property rights to the Software to the Client.

If the Client violates the provisions of this paragraph, the Seller is entitled to immediately terminate the License Agreement and deactivate the License Key, without the Client’s right to a refund of the paid license fee, and furthermore, the Seller reserves the right to claim damages under general principles.

§ 7. EXCLUSION OF LIABILITY AND LEGAL DISCLAIMER

THIS PARAGRAPH CONSTITUTES AN ESSENTIAL PROVISION OF THE LICENSE AGREEMENT. THE CLIENT IS OBLIGED TO READ ITS CONTENT BEFORE PLACING AN ORDER.

Delivery of the Software on an “AS IS” basis. The Software is provided on an “as is” and “as available” basis, without any warranties, assurances, or representations, express or implied, going beyond the warranties strictly required by applicable law. In particular, the Seller does not guarantee or ensure that:

The Software will operate uninterrupted, error-free, on time, or without disruption.
The Software will be compatible with every server configuration, WordPress version, PHP version, theme, or other plugin installed on the Client’s site.
The Software will meet the Client’s individual expectations, needs, or business goals.
The results of scanning cookies by the Software will be complete, accurate, and exhaustive.
The Software will ensure full compliance of the Client’s website with any legal regulations, norms, guidelines, or industry standards.

No legal advice. The Seller does not provide legal, tax, regulatory, or compliance advisory services. The Software is solely an IT tool supporting cookie management and obtaining consents. The Software does not replace consultation with a qualified lawyer, Data Protection Officer (DPO), or another advisor specializing in personal data protection, telecommunications law, or internet privacy regulations. No information provided by the Seller – whether in the Service, documentation, marketing materials, email correspondence, or in any other form – constitutes legal advice and should not be considered as such.

Client’s responsibility for legal compliance. The Client acknowledges and accepts that the sole and complete responsibility for the compliance of the Client’s website with applicable laws – including in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the Act of 10 May 2018 on the protection of personal data, the Act of 16 July 2004 – Telecommunications Law, Directive 2002/58/EC (ePrivacy Directive), the ePrivacy Regulation (if it comes into force), the guidelines of the European Data Protection Board (EDPB), the requirements and specifications of Google Consent Mode (including V2), and any other national and international regulations regarding privacy protection, cookies, and tracking technologies – rests exclusively with the Client.

Client’s implementation obligations. The Client is fully and exclusively responsible for:

Properly installing and configuring the Software on their website.
Correctly categorizing scripts, cookies, and tracking technologies (including assigning them to the appropriate consent categories).
Properly formulating the content of cookie messages displayed to end users.
Ensuring the Software configuration is up to date in the event of changes to the Client’s website (e.g., adding new scripts, analytical tools, advertising pixels).
Continuously monitoring changes in the law affecting obligations regarding cookies and user consents.
Implementing any additional technical and organizational measures required by applicable law, going beyond the functionality of the Software.

Complete exclusion of the Seller’s liability. To the fullest extent permitted by strictly applicable law, the Seller bears no liability, including in particular contractual, tortious, strict liability, product liability, or any other liability, for:

Any decisions, sanctions, administrative or financial penalties imposed on the Client by the President of the Personal Data Protection Office (UODO), data protection supervisory authorities in other EU Member States, the Office of Competition and Consumer Protection (UOKiK), the Office of Electronic Communications (UKE), the European Commission, common courts, or any other public administration authorities, courts, or authorized entities.
Blocking, suspending, limiting, or closing the Client’s accounts in Google services (including Google Ads, Google Analytics, Google AdSense, Google Ad Manager) or other advertising or analytical platforms, resulting from the non-compliance of the Client’s website with the requirements of Google Consent Mode or other policies of these platforms.
Any direct, indirect, incidental, consequential, accidental, moral, punitive, or special damages, including in particular for: loss of data, loss of profits, loss of revenues, loss of clients, loss of goodwill, loss of business opportunities, costs of substitute software or services.
Interruptions in the operation of the Client’s website, website unavailability, a decrease in website performance, deterioration of positions in search results (SEO), or any other technical disruptions.
Software conflicts with other WordPress plugins, themes, custom code modifications, security plugins, proxies, CDNs, firewalls, or any other software or infrastructure of the Client.
Actions or omissions of third parties, including in particular hosting providers, CDN service providers, payment operators, Google LLC, Meta Platforms Inc., or any other entities.
Damages resulting from incorrect configuration, installation, use, or update of the Software by the Client.
Damages resulting from the Client’s failure to update the Software to the latest available version.
Damages resulting from changes in legal regulations, supervisory authority guidelines, or technical specifications of external platforms (including Google Consent Mode) that occurred after the date of the last Software update.
Damages resulting from using the Software contrary to its intended purpose, technical documentation, or the provisions of these Terms.

Monetary limitation of liability. Unless strictly applicable legal provisions state otherwise, in no event shall the total liability of the Seller towards the Client under any title related to the License Agreement, the Software, the Service, or the provided services, regardless of the legal basis of the claim (contractual, tortious, or other liability), exceed the total amount of license fees actually paid by the Client to the Seller in the period of 12 (twelve) calendar months immediately preceding the event constituting the basis of the claim.

Exclusion of warranty for entrepreneurs. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s statutory warranty liability for physical and legal defects of the Software is hereby completely excluded with respect to Clients who are neither consumers nor Entrepreneurs with consumer rights. In the case of Clients who are consumers or Entrepreneurs with consumer rights, the warranty is implemented on the terms set out in unconditionally binding legal provisions.

Force Majeure. The Seller shall not be liable for the non-performance or improper performance of obligations arising from the License Agreement if the non-performance or improper performance is the result of force majeure. Force majeure is understood as an external event, impossible to foresee and prevent, including in particular: natural disasters, epidemics, pandemics, wars, acts of terrorism, cyberattacks, power grid or telecommunications network failures, decisions of public authorities, strikes, embargoes, legislative changes.

Client’s Statement. By accepting these Terms and placing an order, the Client declares that:

They understand and accept that the Software is an IT tool provided on an “as is” basis and does not constitute legal advice.
They are aware that the ultimate responsibility for the compliance of their website with applicable law rests exclusively with them.
They will not direct any claims for damages against the Seller related to administrative penalties, regulatory sanctions, account blockades on external platforms, or other negative legal or financial consequences resulting from the non-compliance of the Client’s website with the law, to the extent permitted under unconditionally binding legal provisions.

§ 8. TECHNICAL SUPPORT AND UPDATES

During the Subscription Period, the Seller provides the Client with:

Software updates provided at the Seller’s discretion.
Technical support regarding the installation and configuration of the Software, provided exclusively electronically (email or contact form in the Service).

Technical support covers only issues directly related to the operation of the Software. The Seller does not provide technical support regarding: the configuration of the Client’s server, diagnostics of conflicts with third-party software, legal advice, interpretation of personal data protection regulations, or implementations going beyond the standard functionality of the Software.

The Seller will make every effort to ensure that responses to technical support requests are provided within a reasonable time; however, they do not guarantee any binding response times (SLA). Technical support is provided only on business days (Monday – Friday, excluding public holidays).

The Seller reserves the right to cease releasing Software updates, change its functionality, or end product development, provided that this does not affect the Client’s right to use the latest released version of the Software until the end of the paid Subscription Period.

§ 9. COMPLAINT PROCEDURE

The Client has the right to submit complaints regarding the operation of the Service or the Software.

Complaints should be submitted electronically to the email address: kontakt@cookiebaner.pl or via the contact form available in the Service.

A complaint should contain at least: the Client’s identification details (first and last name or company name, email address assigned to the Client Account), a description of the problem that is the subject of the complaint, circumstances justifying the complaint, and the expected method of handling the complaint.

The Seller considers the complaint within 14 (fourteen) calendar days from the date of its receipt. If it is necessary to supplement the complaint, the Seller will request the Client to supplement the missing information, and the time limit for processing the complaint starts from the day of receiving the supplemented complaint.

The response to the complaint will be sent to the Client’s email address indicated in the complaint or assigned to the Client Account.

§ 10. PERSONAL DATA PROTECTION

The Data Controller of the Clients’ personal data is the Seller. Personal data are processed in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Act of 10 May 2018 on the protection of personal data.

Detailed information regarding the processing of personal data, including the purposes and legal grounds for processing, categories of data, retention period, rights of data subjects, and information about processors, is contained in the Privacy Policy available at: https://cookiebaner.pl/polityka-prywatnosci/

The Seller processes the personal data of Clients in order to execute the License Agreement, provide electronic services, process payments, issue invoices, handle complaints, and for purposes arising from the legitimate interests of the Seller (including direct marketing of their own products and services).

The Software runs locally on the Client’s server. The Seller does not have access to the personal data of end users of the Client’s websites, collected or processed by the Software on the Client’s server. The Client is the sole, independent controller of the personal data of the end users of their websites and bears full responsibility for the lawful processing of this data. The Seller is not a data processor within the meaning of Article 28 of the GDPR concerning the data of end users of the Client’s websites.

§ 11. ELECTRONICALLY SUPPLIED SERVICES

The Seller provides the following electronic services via the Service, within the meaning of the Act of 18 July 2002 on the provision of electronic services:

Maintaining a Client Account (My Account).
Enabling the placement of orders and conclusion of License Agreements.
Providing digital content (Software and License Keys).
Providing technical support electronically.

The agreement for the provision of the Client Account maintenance service is concluded for an indefinite period upon registration in the Service. The Client may resign from the Client Account at any time by sending a relevant statement to the Seller’s email address, without providing a reason and without incurring costs.

The Seller reserves the right to temporarily suspend the provision of electronic services due to maintenance work, updates, or technical failures, which the Seller will inform the Clients of in advance, whenever possible.

§ 12. OUT-OF-COURT COMPLAINT RESOLUTION AND REDRESS PROCEDURES

A Client who is a consumer has the option of using out-of-court methods of processing complaints and pursuing claims, including in particular:

Applying to a permanent consumer arbitration court at the Trade Inspectorate with a request to resolve a dispute.
Applying to the provincial inspector of the Trade Inspectorate with a request to initiate mediation proceedings.
Using the Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr.

Detailed information on out-of-court methods of resolving complaints and asserting claims is available on the website of the Office of Competition and Consumer Protection (https://www.uokik.gov.pl).

§ 13. FINAL PROVISIONS

Governing Law: The License Agreement and these Terms are governed by Polish law. In matters not covered by these Terms, the provisions of the Civil Code, the Act of 30 May 2014 on consumer rights, the Act of 18 July 2002 on the provision of electronic services, the Act of 4 February 1994 on copyright and related rights, and other generally applicable provisions of Polish law shall apply.

Jurisdiction: Any disputes that may arise from the License Agreement or these Terms between the Seller and a Client who is neither a consumer nor an Entrepreneur with consumer rights will be resolved by a common court competent for the registered office of the Seller. In the case of Clients who are consumers or Entrepreneurs with consumer rights, court jurisdiction is determined in accordance with strictly applicable legal provisions.

Amendments to the Terms: The Seller reserves the right to change these Terms for important reasons, in particular in the event of: changes in legal regulations affecting the content of the Terms, changes in the Seller’s offer, technological changes, changes in the scope of provided services, the need to adapt the Terms to decisions, recommendations, or rulings of public administration bodies or courts. The Client will be notified of any changes to the Terms electronically to the email address assigned to the Client Account, at least 14 days before the changes take effect. A Client who does not accept the changes to the Terms has the right to terminate the Agreement for the provision of the Client Account service within 14 days from the date of receiving the notification of the changes, provided that this does not affect the validity of the License Agreement concluded before the effective date of the changes.

Severability clause: If any provision of these Terms is deemed invalid, ineffective, or unenforceable by a competent court or authority, the remaining provisions of the Terms shall remain fully valid and effective. In place of the invalid, ineffective, or unenforceable provision, a provision closest to the economic and legal purpose of the replaced provision shall be applied to the extent permitted by applicable law.

Entire Agreement: These Terms, together with the Privacy Policy, the price list available in the Service, and any individual arrangements made in writing under pain of nullity, constitute the entire agreement between the Seller and the Client within the scope covered by its subject matter and supersede any previous arrangements, representations, and agreements, whether oral or written.

Assignment: The Client is not entitled to transfer the rights and obligations under the License Agreement to third parties without the prior written consent of the Seller. The Seller is entitled to transfer the rights and obligations under the License Agreement to third parties without the Client’s consent, of which they will inform the Client 30 days in advance.

Headings: The headings of individual paragraphs and sections of these Terms are for informational and organizational purposes only and do not affect the interpretation of the provisions of the Terms.

These Terms enter into force on 20-03-2026. Last updated: 20-03-2026