Terms of Service

Last Updated: February 22, 2026

These Terms of Service (hereinafter the “Agreement” or “Terms”) constitute a legally binding contract between:

You (hereinafter the “User”), being exclusively a natural person acting for purposes which are outside your trade, business, craft, or profession;

and

Mariusz Szlęzak, residing at ul. Na Szlakowisku 9/130, 27-200 Starachowice, Poland, conducting an unregistered business activity (działalność nierejestrowana) pursuant to Article 5 of the Polish Entrepreneurs' Law Act (Prawo przedsiębiorców) (hereinafter the “Service Provider”, “Meriesh”, or “We”).

The Service Provider operates the web-based application and platform commercially known as “Prismare” (hereinafter the “Service”, “Website”, or “Platform”), available at https://prismare.ai.

The designation “Prismare” is a commercial brand and service mark used to identify the digital services provided by Meriesh. It does not denote a separate legal entity. All invoices, liability claims, and contractual obligations are legally attributed directly to the Service Provider as a natural person.

This Service is dedicated exclusively to Consumers for personal, non-commercial use. The Service Provider does not provide services to:

• Business entities, corporations, or partnerships;
• Sole traders (self-employed individuals) purchasing the Service for purposes related to their business activity, including natural persons conducting business activity who are treated as consumers under applicable law;
• Institutional traders or financial institutions.

By accepting these Terms, you represent and warrant that you are a Consumer and will not use the Service for any commercial, business, or professional purpose. Requesting a VAT invoice containing a business Tax Identification Number (NIP) constitutes a material breach of these Terms and will result in the immediate termination of the Agreement.

§ 1. Definitions

For the purposes of these Terms, the following definitions apply:

1. AI Content: Output, text, or analysis generated by Artificial Intelligence models (e.g., OpenAI) integrated into the Service.
2. Consumer: A natural person performing a legal transaction with the Service Provider not directly related to their business or professional activity (as defined in Article 22¹ of the Civil Code of Poland).
3. Cookie: Small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your login information.
4. Excluded Entity: Any person or entity that is not a Consumer, including but not limited to: commercial companies, partnerships, non-profit organizations, and natural persons conducting business activity (Sole Traders/JDG) who intend to use the Service in connection with their business operations, regardless of whether such activity is of a professional nature for them.
5. Personal Use: Use of the Service solely for private, educational, and hobbyist purposes. It strictly excludes any use that supports a business operation, manages third-party assets, or is used for institutional trading.
6. Service: The “Prismare” software-as-a-service (SaaS) platform, including all related APIs, analyses, and educational content, licensed solely for Personal Use.
7. Third-Party Data: Financial market data and price feeds provided by external providers, specifically Twelve Data Pte. Ltd. (“Twelve Data”).

§ 2. Eligibility and license restrictions

1. Representations: By creating an account, you represent and warrant that:
   a) You are at least 18 years old;
   b) You are acting solely as a Consumer;
   c) You are not purchasing the Service to include it as a business expense or to deduct VAT;
   d) You will not use the Service for any professional or commercial activity.
2. Limited License (Personal Use Only): The Service Provider grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service strictly for Personal Use. You are strictly prohibited from:
   a) Using the Service to provide investment advice, signals, or analysis to third parties (whether paid or free);
   b) Using the Service in a professional trading environment (e.g., proprietary trading firms, asset management);
   c) Sharing your account credentials with any other person;
   d) Redistributing, reselling, sub-licensing, or extracting any content generated by the Service, specifically including Third-Party Data from Twelve Data.
3. Data Attribution and Restrictions:
   a) The Service includes data provided by Twelve Data. You acknowledge that this data is for Display Only within the Prismare platform.
   b) You agree not to remove, obscure, or alter the attribution notice “Data provided by Twelve Data” (and its associated link) that appears below charts or data visualizations.
   c) You are prohibited from using any automated means (scrapers, bots) to extract Third-Party Data from the Service.
4. Breach of Status: If the Service Provider determines, at its sole discretion, that you are an Excluded Entity (e.g., you request a VAT invoice with a Tax ID/NIP, or your usage patterns indicate commercial automated trading), we reserve the right to:
   a) Immediately terminate your account without refund;
   b) Block your access to the Service;
   c) Refuse to issue a VAT invoice containing a business Tax ID.
5. Exception for Affiliate Program Participation: Notwithstanding the strict prohibitions against commercial, professional, and business use set forth in this Agreement, the User is expressly permitted to participate in the official Prismare Affiliate Program, provided that such participation is governed entirely by the separate and autonomous “Affiliate Program Agreement.”
   The act of generating, distributing, or promoting an Affiliate Code across digital channels in exchange for financial Commissions, or the receipt of a "Free Access Benefit" granted as a reward for successful promotional activities, shall not, in and of itself, constitute a breach of the Personal Use restrictions of this Agreement.
   Furthermore, participation in the Affiliate Program does not retroactively classify a Consumer as an Excluded Entity, provided that the User continues to utilize the core functional features of the Prismare software (i.e., the financial trading journal, charting tools, and AI analysis) strictly for private, educational, and hobbyist purposes. The generation of self-billing invoices or the request for a B2B tax invoice exclusively related to the payout of Affiliate Commissions is managed via the external Affiliate Portal and does not violate the prohibition against requesting a VAT invoice for the underlying SaaS subscription itself.
6. Prohibited Actions: You agree not to, and you will not permit others to:
   a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the Platform available to any third party.
   b) Modify, make derivative works of, disassemble, decrypt, reverse engineer, decompile or disassemble any part of the Service.
   c) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Prismare, the Service Provider, or its partners, suppliers or licensors of the Service.
7. User-Generated Content: The Service may allow Users to upload graphical files or other content as part of its functionality (“User Content”). The User represents and warrants that any User Content uploaded:
   a) Is lawful and does not violate applicable law, public morals, or third-party rights;
   b) Does not contain illegal, offensive, obscene, pornographic, hateful, violent, or otherwise inappropriate material;
   c) Does not include content involving minors, extremist material, or any content prohibited under Polish or EU law.
8. Content Moderation and Enforcement: The Service Provider reserves the right to review, moderate, block, or remove User Content at its sole discretion, including through automated or manual moderation mechanisms, where there is a reasonable suspicion that such content violates these Terms or applicable law. In the event of a material or intentional breach of these Terms through the submission of prohibited User Content, the Service Provider may:
   a) Immediately remove or block access to such content;
   b) Temporarily suspend or permanently terminate the User’s account;
   c) Deny further access to the Service.
9. No Prior Monitoring Obligation: The Service Provider does not guarantee that all User Content will be reviewed prior to publication and assumes no obligation of prior monitoring of User Content, to the fullest extent permitted by applicable law.
10. Termination for Cause and Refund Consequences: Where the User’s account is terminated due to a serious and culpable violation of these Terms, in particular involving illegal or grossly inappropriate User Content, the Service Provider may refuse to refund any fees already paid for the subscription period during which the violation occurred. This provision does not limit any mandatory consumer rights under applicable law and applies only where the termination results from the User’s intentional or grossly negligent conduct.

§ 3. Investment disclaimer & risk warning

1. Educational Purpose Only: The Service, including all data, charts, and AI-generated outputs (“Content”), is provided solely for informational and educational purposes. The Service is a technical analysis tool, not a financial advisor.
2. No Investment Advice: The Service Provider is a software developer and not a registered investment advisor, broker-dealer, or financial analyst. Nothing in the Service constitutes:
   a) “Investment Advice” within the meaning of Article 69(2)(5) of the Polish Act on Trading in Financial Instruments;
   b) A “Personal Recommendation” under Article 9 of Commission Delegated Regulation (EU) 2017/565;
   c) Portfolio management or an inducement to buy/sell any financial instrument.
   d) An “Investment Recommendation” as defined in the Market Abuse Regulation (MAR), but rather constitutes a “Marketing Communication” or general information.
3. Algorithmic Nature: The Content is generated by automated algorithms and AI models based on historical data. Past performance is not indicative of future results. The Service Provider makes no representation that any account will or is likely to achieve profits similar to those shown.
4. User Responsibility: All investment decisions are made solely by the User. The Service Provider shall not be liable for any financial losses, damages, or lost profits resulting from the User’s reliance on the Service. Users should consult with a qualified financial advisor before making investment decisions.

§ 4. Artificial intelligence & automated content

1. AI Integration: The Service utilizes Artificial Intelligence (AI) technologies, including Large Language Models (LLMs) provided by third parties.
2. Risk of Hallucinations: The User acknowledges that AI systems are probabilistic and may generate outputs that are factually incorrect, misleading, or nonsensical (“Hallucinations”). The AI may confidently present false financial data as fact.
3. No Warranty: The Service Provider does not warrant the accuracy, truthfulness, or reliability of any AI-generated Content. The User agrees to independently verify all AI-generated Content before taking any action. The Service is an assistive tool for idea generation and must not be used as a substitute for human professional judgment.
4. Third-Party Terms: The User’s use of AI features is subject to usage restrictions imposed by underlying third-party AI providers. The User agrees not to use the Service to generate unlawful or prohibited content.

§ 5. Fees, payments & price modifications

1. Subscription Model: The Service is provided on a paid subscription model. Subscription fees are charged upfront and in advance for the entirety of the User’s selected billing cycle (e.g., a monthly or annual period). Payment of the applicable subscription fee guarantees the User continuous access to the Service for the full duration of that specific, paid billing period. By subscribing, the User authorizes the Service Provider (via Stripe) to automatically charge the payment method on file at the commencement of each new billing cycle.
2. Free Trial Period (7 Days) and Conversion Conditions: New Users may be eligible to utilize a 7-day free trial period upon initial registration. The operational conditions of the trial period are as follows:
   • During the active trial period, the User is not charged any subscription fees.
   • If the User does not actively cancel the subscription prior to the expiration of the 7-day trial period, the trial will automatically transition into a paid subscription, and the User’s registered payment method will be immediately charged for the selected billing cycle.
   • Plan Modification During Trial: Should a User decide to change or upgrade their selected subscription plan while the free trial is still actively running, this action will result in the immediate and permanent termination of the free trial period. A paid subscription cycle will commence instantly, an invoice will be generated, and the payment method will be charged according to the newly selected plan’s pricing. By initiating a plan change during an active trial, the User expressly and irrevocably waives their right to continue utilizing any remaining free days of the trial period.
3. Cancellation of Subscription: The User possesses the right to cancel their subscription at any moment. Upon executing a cancellation request, the subscription remains fully active and accessible until the end of the current, already-paid billing period, after which it will naturally expire. Subscription fees that have already been paid for a commenced billing cycle do not qualify for, and are strictly not subject to, any form of refund.
4. Immediate Plan Modifications and Prorated Billing (Proration): Any modifications made by the User to their active subscription plan (for example, upgrading to a higher-tier plan) take effect immediately upon request and are subject to prorated billing logic (“proration”). When a plan is changed mid-cycle, the payment processor calculates the precise proportional value of the unused portion of the old plan alongside the proportional fee of the newly selected plan for the remainder of the billing cycle. The mathematical difference between these two values is settled instantaneously via the generation of a new invoice. Depending on the nature of the change, this proration will result in either an immediate supplementary charge to the User’s payment method (in the event of a more expensive plan) or an internal accounting credit applied to the User’s profile (in the event of a cheaper plan).
5. Downgrades and Shorter Billing Periods: Modifying an active subscription to a lower-priced tier or transitioning to a shorter billing cycle (e.g., switching from an annual commitment to a monthly commitment) also takes effect immediately. Such modifications are inherently subject to the exact same immediate prorated billing calculations described in Section 5.4.
6. The Legal Nature of Service Credits (Proration Credits): Any credits generated as a result of prorated downgrades or plan adjustments possess a strictly digital, accounting character. These internal credits do not constitute electronic money, are not available for withdrawal, cannot be exchanged or redeemed for fiat cash under any circumstances, and will not be refunded to the User’s credit card or bank account. Service credits serve solely and exclusively to automatically reduce the financial cost of future subscription invoices within the Service. They do not constitute a financial deposit of any kind.
7. Strict No-Refund Policy: Unless explicitly mandated otherwise by overriding statutory law, all subscription fees are strictly non-refundable. The partial utilization of the Service during a billing cycle does not entitle the User to a partial refund, and the proactive cancellation of an account mid-cycle does not trigger a return of prorated funds. Furthermore, any accumulated internal accounting credits (as defined in 5.6) are strictly non-refundable and will not be paid out.
8. Price Modifications (Valid Cause): The Service Provider reserves the right to modify subscription fees for future billing periods. Pursuant to UOKiK guidelines, such modifications may only occur for valid reasons, which are strictly limited to:
   a) Inflation: An increase in the Consumer Price Index (CPI) reported by Statistics Poland (GUS) or Eurostat exceeding 1% in a calendar year;
   b) Operational Costs: An increase in the direct costs of providing the Service (specifically: fees charged by Twelve Data, OpenAI, or cloud hosting providers like AWS) exceeding 5%;
   c) Legal/Tax Changes: Changes in applicable tax rates (e.g., VAT) or new regulatory levies imposed on digital services;
   d) Service Expansion: The introduction of significant new functionalities, new data exchanges, or advanced tools not previously available.
9. Notice & Cancellation: Users will be notified of any price increase at least 30 days in advance via email. If the User does not accept the change, they may terminate the subscription without penalty before the new price takes effect. Failure to terminate within this period constitutes acceptance of the new price.
10. Price Guarantee for Continuous Subscriptions (Grandfathering): As a benefit to existing Users, the Service Provider may, at its sole discretion, choose not to apply general price increases (as described in Section 5.8) to active, uninterrupted subscriptions. In such cases, the User will retain their original subscription price. However, this "grandfathered" pricing is strictly contingent upon maintaining a continuous, active subscription. The User expressly acknowledges that this price guarantee will be permanently forfeited, and any subsequent re-subscription or plan modification will be subject to the currently prevailing, updated pricing on the Platform, in the following events:
    a) The User voluntarily cancels their subscription and allows the billing cycle to expire;
    b) The subscription is automatically terminated or suspended due to a failure to process the recurring payment (e.g., expired credit card, insufficient funds) after the payment processor's standard retry attempts have been exhausted;
    c) The User voluntarily modifies their subscription plan (e.g., upgrading or downgrading to a different subscription tier or billing cycle), in which case the current market price of the newly selected plan will automatically apply.

§ 6. Right of withdrawal & digital content exception

1. Statutory Right: As a Consumer, you have the right to withdraw from this Agreement within 14 days without giving any reason.
2. Exception for Digital Content: Pursuant to Article 38 point 13 of the Consumer Rights Act, the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium (e.g., immediate access to the Platform) if:
   a) The performance has begun with the User’s prior express consent before the 14-day period expires; AND
   b) The User has acknowledged that they will lose their right of withdrawal upon giving such consent; AND
   c) The Service Provider has provided confirmation of the contract and consent.
3. Waiver Acknowledgement: By creating an account, accepting these Terms of Service, accessing the Platform, purchasing a subscription, and/or, in the checkout process, by checking the box stating: “I agree to Prismare’s Terms of Service and Privacy Policy, expressly request the immediate provision of digital content, and acknowledge that, upon such provision, I will lose my right to withdraw from the contract.”, the User expressly consents to the immediate performance of the contract and acknowledges that they thereby lose their right of withdrawal under the Consumer Rights Act.
4. Consequence: Once the checkbox is selected and payment is processed, the digital content is considered delivered, and no refund based on the right of withdrawal will be issued.

§ 7. Limitation of liability

1. Consumer Rights: Service Provider is liable for non-conformity of the Service with the Agreement in accordance with the Consumer Rights Act.
2. Exclusion of Business Liability: To the fullest extent permitted by law, the Service Provider excludes all liability for:
   a) Any damages arising from the use of the Service by an Excluded Entity;
   b) Lost profits (lucrum cessans), business interruption, or loss of business opportunity (since the Service is not for business use);
   c) Errors or “hallucinations” generated by AI models, provided the Service functions technically as described.
   d) Inaccuracies, delays, or omissions in Third-Party Data, as these are beyond the Service Provider’s reasonable control.

§ 8. Data protection & Privacy Policy

1. Controller & GDPR: Personal data is processed by Meriesh as the data controller in accordance with the GDPR and applicable data protection laws. Detailed information regarding the processing of personal data is set out in the Privacy Policy.
2. Data Retention and Hashing (Security Measures):
   a) The User acknowledges that upon account deletion, the Service Provider retains a cryptographic hash of the User’s email address.
   b) This hash is generated using a secure, server-side secret key which makes the hash irreversible without access to the Service Provider’s internal infrastructure.
   c) Legitimate Interest (Art. 6(1)(f) GDPR): The retention of this hashed data is strictly limited to the purpose of maintaining the security of the Service, preventing fraud, and enforcing these Terms (specifically, preventing ban evasion or the abuse of free trials/welcome offers by re-registering users). This data is isolated and not used for marketing or analytics.
3. International Transfers: The Service utilizes processors located in the United States. Transfers are carried out on the basis of the EU–US Data Privacy Framework (DPF) or Standard Contractual Clauses (SCC).

§ 9. Governing law & dispute resolution

1. Governing Law: This Agreement is governed by the laws of the Republic of Poland.
2. Dispute Resolution: Disputes shall be settled by competent common courts. Consumers have the right to use out-of-court dispute resolution methods (ODR platform: http://ec.europa.eu/consumers/odr).

§ 10. Final provisions

1. Severability: If any provision is found invalid, the remaining provisions remain in effect.
2. Updates: We may update these Terms. Continued use of the Service after the effective date of an update constitutes acceptance.
3. Refund Policy: Payments, cancellations, refunds, and subscription termination rules are governed exclusively by Section 5 of these Terms, as well as any dedicated policies implemented within the Service, which collectively form an integral part of these Terms. The absolute limitation of refunds does not limit or exclude any statutory consumer rights granted under mandatory provisions of Polish law, including the Consumer Rights Act, where such rights cannot be legally waived. By purchasing a subscription or accessing paid features of the Service, the User confirms that they have reviewed and explicitly accepted the billing protocols and the strict limitations on returns.
4. User Feedback and Suggestions: Any feedback, comments, ideas, improvements, or suggestions voluntarily provided by the User regarding the Service (“Suggestions”) may be used by the Service Provider to improve, develop, and maintain the Service. To the extent permitted by applicable law, the User grants the Service Provider a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and implement such Suggestions for any purpose related to the operation or development of the Service, without obligation to provide compensation. This provision does not affect the User’s moral rights where such rights are non-waivable under Polish law.
5. Privacy Policy: The processing of personal data is governed by the Privacy Policy, which constitutes a separate legal document and forms an integral part of these Terms of Service. Acceptance of these Terms does not replace or override the legal bases for data processing under the GDPR. Detailed information regarding data processing purposes, legal grounds, retention periods, and User rights is provided exclusively in the Privacy Policy.
6. Cookie Policy: The Service uses Cookies and similar technologies in accordance with applicable law. Detailed information regarding the types of Cookies used, their purposes, legal bases, data retention periods, and methods of managing or withdrawing consent is provided in the Privacy Policy, which forms an integral part of these Terms.
7. External Links and Third-Party Websites: The Service may contain links to third-party websites or services that are not owned, operated, or controlled by the Service Provider. The Service Provider does not assume responsibility for the content, accuracy, legality, or privacy practices of such third-party websites. Access to external websites occurs at the User’s own risk and is governed by the terms and policies of those third parties. The inclusion of any link does not imply endorsement or affiliation unless expressly stated otherwise.

Contact Us

• Via Email: [email protected]
• Via this Link: https://prismare.ai/contact
• Mailing Address: Mariusz Szlęzak, ul. Na Szlakowisku 9/130, 27-200 Starachowice, Poland