Smartby

Terms of Use

Last Updated: May 2026

1. Definitions

Service Provider – Nearby Studio Łukasz Gola, a sole proprietorship with business address at Piaskowa 25, 47-134 Centawa, Poland, Polish tax ID (NIP): 7561994740, REGON: 541810208.
Smartby / Platform / Application – the website available at www.smartby.app and the related web or mobile application provided by the Service Provider.
User – a person using the Platform, including a consumer, business user, parent/guardian, or minor using the Platform with parental/legal guardian consent where required.
Account – an individual User profile enabling use of Platform features.
Services – electronically supplied services within Smartby, including AI chat, math learning tools, notes, document analysis, generation of educational materials, family accounts, and other digital content or services.
Subscription – paid access to selected Platform features in a recurring billing model.
Stripe – external provider handling payments, subscriptions, and the customer portal.
Terms of Use – this document specifying the rules for using the Platform.

2. Service Provider Details and Contact

Business name: Nearby Studio Łukasz Gola
Address: Piaskowa 25, 47-134 Centawa, Poland
NIP: 7561994740
REGON: 541810208
Email: contact@smartby.app
Smartby is the name of the application/platform and is not a separate company or legal entity.

3. Scope and Nature of Services

The Smartby Platform provides educational services and digital tools, including:

AI chat and tools supporting math learning, solving tasks, explaining concepts, and generating educational materials;
notes, analysis of documents, files, images, spreadsheets, and other materials provided by the User;
learning organization features, quizzes, exercises, learning paths, progress history, and family accounts;
free features and features available under a paid Subscription.
The Service Provider may develop, change, temporarily limit, or withdraw individual Platform features while respecting Users’ rights under applicable law.

4. Technical Requirements

a device with internet access and an up-to-date browser supporting JavaScript and cookies required for Platform operation;
an active email account needed for registration, login, communication, and service confirmations;
for the mobile app, if available: a compatible mobile device and current supported operating system;
for file upload features: files in supported formats and sizes indicated in the Platform interface;
some features, including payments, AI, file analysis, or voice features, may depend on external technical services.

5. Contract Formation and Account

the agreement for electronically supplied services is concluded when the User starts using the Platform, registers an Account, or purchases a Subscription, depending on the type of Service;
the User should provide true, current, and complete information and protect login credentials from third-party access;
the User is responsible for activity performed through their Account unless it results from circumstances for which the User is not responsible;
if unauthorized Account access is suspected, the User should promptly contact the Service Provider at contact@smartby.app.

6. Minor and Family Accounts

minors may use the Platform only with parental/legal guardian consent and supervision where required by law;
the parent or legal guardian is responsible for the child’s compliance with the Terms of Use and may manage child accounts within available family features;
the Service Provider may require confirmation of parental/legal guardian consent where needed for security, legal compliance, or family features.

7. Subscription and Payments

7.1 Plans and Prices

selected Platform features may require an active Subscription;
current prices, plan scope, billing period, and any trial period are presented in the Platform interface before purchase;
prices are gross and include applicable taxes where required.

7.2 Payments and Renewal

payments are handled by Stripe. The Service Provider does not store full payment card details;
the Subscription may renew automatically for the next billing period if this information was presented at purchase;
the User may manage the Subscription in Account settings, the Stripe customer portal, or by contacting support.

7.3 Cancellation

cancelling the Subscription stops renewal for the next period, and access to paid features usually continues until the end of the paid billing period;
the specific effects of cancellation may depend on the plan, trial period, promotion, and applicable consumer law.

8. Withdrawal Rights and Refunds

a User who is a consumer generally has the right to withdraw from a distance contract within 14 days unless a statutory exception applies;
for digital services or digital content, the withdrawal right may be lost if performance started before the withdrawal period expired with the consumer’s express consent, after being informed about losing the right to withdraw and acknowledging it, in accordance with applicable law;
withdrawal statements may be sent to contact@smartby.app.
refunds are handled in accordance with applicable law, Stripe rules, and the plan terms presented at purchase;
these Terms of Use do not limit mandatory consumer rights.

9. Platform Use Rules

9.1 User Obligations

use the Platform lawfully, in accordance with these Terms, good practices, and the intended purpose of the Services;
not share the Account with unauthorized persons;
not take actions that compromise Platform security or stability;
not provide unlawful content.

9.2 Prohibited Activities

uploading illegal, offensive, discriminatory content or content infringing third-party rights or intellectual property;
using the Platform to cheat during exams, tests, or other academic assessments;
automated data extraction, scraping, bypassing limits, security, or technical restrictions without the Service Provider’s consent;
copying, modifying, distributing, or commercially using Platform elements without a legal basis or the Service Provider’s consent.

9.3 Violations

if the Terms are violated, the Service Provider may temporarily limit, suspend, or terminate access to the Account or selected features, taking into account the scale of violation and applicable law;
the User may contact the Service Provider to clarify an Account block or limitation.

10. AI Services Disclaimer

AI responses are educational, supportive, and informational;
AI may generate errors, incomplete information, or incorrect solutions, so the User should verify important information;
the Platform does not replace a teacher, tutor, professional advice, or the User’s own work;
the Service Provider does not guarantee any specific learning outcome, grade, exam result, or passing result;
some AI features depend on external providers and may temporarily operate more slowly, with limitations, or be unavailable.

11. Intellectual Property and User Content

rights to the Platform, its code, interface, logo, marks, databases, layout, and materials belong to the Service Provider or its licensors;
the User retains rights to content they upload or create in the Platform, where such rights belong to the User;
the User grants the Service Provider a non-exclusive license to use User content to the extent necessary to provide the Services, operate the Account, save history, generate responses, ensure security, and provide support;
the User should have the rights to materials uploaded to the Platform and should not provide content infringing third-party rights.

12. Complaints

complaints regarding Platform operation, payments, Subscription, or Services may be submitted to contact@smartby.app;
a complaint should include information enabling User identification, a description of the issue, the date of occurrence, and the expected resolution if the User wants to indicate one;
the Service Provider will respond within 14 days of receiving the complaint unless the law requires another period;
if the complaint needs to be supplemented, the Service Provider may ask for additional information necessary to review it;
complaint provisions do not limit consumer rights concerning conformity of digital services or digital content with the contract.

13. Liability

the Service Provider is liable to consumers in accordance with applicable law and does not exclude or limit liability that cannot be excluded toward a consumer;
for Users who are not consumers, the Service Provider’s liability is limited to actual damages and the amount paid for Platform use during the 12 months preceding the event, unless the damage was caused intentionally;
to the extent permitted by law, the Service Provider is not liable for interruptions or limitations resulting from external provider failures, force majeure, User actions, maintenance, or events beyond the Service Provider’s control.

14. Termination and Account Deletion

the User may stop using the Platform at any time, cancel the Subscription, or delete the Account if such feature is available in Account settings or by contacting the Service Provider;
Account deletion may result in loss of access to data, history, content, and features linked to the Account;
the Service Provider may terminate Services or close an Account in cases provided by these Terms or law, especially in case of violation, while respecting consumer rights.

15. Changes to Terms

the Service Provider may change these Terms if Platform features, prices, providers, laws, security requirements, or the method of providing Services change;
Users will be notified of material changes on the website, in the app, or by email;
if the User does not accept the changes, they may stop using the Platform or cancel the Subscription according to the change notice and applicable law.

16. Governing Law and Disputes

these Terms are governed by Polish law;
the choice of Polish law does not deprive a consumer of protection granted by mandatory laws of the country of their habitual residence, where such laws apply;
a User who is a consumer may use out-of-court consumer dispute resolution methods if available under applicable law;
consumer disputes are resolved by courts with jurisdiction under generally applicable law.