TriPlaceTriPlace

CREATOR TERMS FOR THE TRIPLACE PLATFORM

Effective as of 6 October 2026

Table of contents

§ 1. Preliminary Provisions and Definitions

  1. These Creator Terms govern the provision by the Service Provider of intermediation services to Creators through the Platform, including in particular the terms for entering into and performing the Framework Agreement and the rights and obligations of the Parties.

  2. All capitalised terms have the meanings assigned to them in the Terms of Service for Users unless defined otherwise below:

    1. Creator Terms – this document.

    2. Service Provider – TRIPLACE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Tuszyn (95-080), ul. Karłowicza 3, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, under KRS No. 0001241968, NIP 7282911324, REGON 544800216, share capital: PLN 5,000. E-mail address: contact@triplace.pl.

    3. User – a natural person whose place of residence or habitual residence is within the European Union, who uses the Services exclusively for private purposes unrelated to any business or professional activity and who has previously accepted the Terms of Service for Users. A User is required to be at least 18 years of age and have full legal capacity; persons under the age of 18 are permitted to use the Platform only to the extent to which they are legally entitled to acquire rights and incur obligations under generally applicable law.

    4. Creator – a third party offering its Services through the Platform. The legal status of each Creator (Entrepreneur / Individual) is indicated on the Creator’s profile on the Platform. Shareholders of the Service Provider are also permitted to act as Creators on the Platform, in which case they are treated on the same terms as other Creators.

    5. Intermediation Service – an electronic service provided by the Service Provider to a Creator consisting in making Platform functionalities available in order to enable the Creator to enter into Contracts for Specific Work with Users, including handling the payment process and communications.

    6. Framework Agreement – an agreement for provision of the Intermediation Service concluded on the terms set out in these Creator Terms.

    7. Creator Service – a service consisting in the preparation by a Creator, for a User, of a personalised travel plan constituting a work within the meaning of copyright law.

    8. Contract for Specific Work – an agreement entered into directly between a Creator and a User, the subject of which is performance of a Creator Service.

    9. Commission – remuneration payable by a Creator to the Service Provider for provision of the Intermediation Service, calculated as a percentage of the value of each Contract for Specific Work concluded.

    10. Terms – the separate terms governing use of the Platform by Users, available in the English-language version of the Platform.

§ 2. Creator Statuses

  1. When registering on the Platform, a Creator is required to specify their legal status by selecting one of the following options:

    1. Entrepreneur – a natural person, legal person or organisational unit for which provision of Creator Services falls within the scope of its business or professional activity.

    2. Individual – a natural person who does not conduct business activity.

  2. Irrespective of the status declared, for the purposes of these Creator Terms and in order to ensure compliance with applicable law, the following additional distinction applies:

    1. Creator with Consumer Rights – this status applies to:

      • a Creator who is an Individual;

      • a Creator who is an Entrepreneur (a natural person conducting business activity) who enters into a Framework Agreement with the Service Provider where the content of that agreement and the subject of the Creator’s business activity (as indicated in CEIDG) show that the agreement is unrelated to the Creator’s business or professional activity.

    2. Professional Creator – a Creator who is an Entrepreneur and does not meet the criteria for being treated as a Creator with Consumer Rights.

  3. The Creator is fully responsible for correctly determining their status and is required to update it promptly in the event of any change.

§ 3. Conclusion of the Framework Agreement

  1. The Framework Agreement is concluded by completing the Creator registration form and accepting these Creator Terms. Acceptance constitutes a declaration of intent to enter into the agreement electronically.

  2. An additional condition for activation of the Account and commencement of the Intermediation Service is successful completion by the Creator of the identity verification procedure (KYC/KYB) required by the external payment operator (Stripe). The Service Provider is not a party to that process and is not responsible for its outcome.

  3. The Creator declares that the data provided during registration is true and complete.

§ 4. Rules for the Provision of Services by the Service Provider (Intermediation Service)

  1. As part of the Intermediation Service, the Service Provider undertakes to:

    1. make an Account available to the Creator, enabling management of the profile, offers and performance of Contracts for Specific Work;

    2. provide the technical means for presenting the Creator’s offers and communicating with Users;

    3. handle payments from Users and settlements with the Creator on the terms set out in § 6;

    4. carry out general promotional activities for the Platform.

  2. The Service Provider will use reasonable efforts to ensure continuity of operation of the Platform, but is not liable for interruptions resulting from circumstances beyond its control or from necessary maintenance work.

§ 5. Creator Obligations

  1. The Creator undertakes to:

    1. perform Contracts for Specific Work with due care, reliably and on time, in accordance with the offer and arrangements with the User;

    2. keep the information on the Creator’s profile on the Platform current and accurate;

    3. comply with these Creator Terms and the Terms of Service for Users;

    4. independently determine and correctly fulfil all public-law obligations, in particular tax and social-insurance obligations, connected with the sale of Creator Services and remuneration received, including determining the Creator’s tax status, the place of supply of the Service for tax purposes, and accounting for VAT, GST, sales tax or any similar tax in accordance with the rules applicable by reason of the Creator’s status and the Creator’s place of establishment, fixed establishment, residence or habitual residence, as applicable. This obligation applies both to a Creator who is an Entrepreneur and to a Creator who is an Individual, to the extent resulting from the laws applicable to the relevant Creator;

    5. strictly comply with the prohibition on offering package travel arrangements and making any reservations on behalf of Users, in accordance with the Terms of Service for Users.

  2. The Creator bears sole and full responsibility for the content, quality and legality of the Creator Services provided. The Creator undertakes to indemnify and hold the Service Provider harmless against any claims by Users or third parties arising from improper performance of a Contract for Specific Work.

§ 6. Remuneration and Settlements

  1. In consideration for provision of the Intermediation Service, the Service Provider charges a Commission equal to 20% (twenty per cent) of the total gross amount paid by the User under the Contract for Specific Work. The Commission is a net amount to which the Service Provider will add value added tax (VAT) in accordance with the rules applicable to the place of supply of the service and the Creator’s tax status. Polish VAT is added only where it is due. The Commission constitutes a separate service provided by the Service Provider to the Creator and is accounted for separately for tax purposes from the sale of the Creator Service. The Creator accounts for VAT, GST, sales tax or other applicable taxes connected with the sale of the Creator Service by reference to the entire gross amount paid by the User, to the extent required by the Creator’s tax status and applicable law. Deduction of the Commission from the amount paid out to the Creator does not reduce the value of the sale of the Creator Service or the scope of the Creator’s tax obligations. The gross price shown to the User is not increased on account of the country of the Creator’s registered office, place of business, residence or habitual residence, or the User’s country of residence or habitual residence, and the Creator is not entitled to request any additional payment from the User in respect of the Creator’s tax burdens.

  2. Payments on the Platform are handled by an external payment operator (Stripe). Funds paid by the User are allocated to the Creator’s individual technical settlement sub-account, where they remain blocked (under an escrow model) until due performance of the Creator Service.

  3. After the Creator Service has been properly performed and accepted by the User (or after the Plan Acceptance Period has expired), the remuneration amount is released, reduced by the applicable Commission, and transferred to the balance of funds available for payout. Suspension of payouts when a complaint is submitted is governed by the Terms of Service for Users.

  4. Payouts are made by the 15th day of the month following the settlement month, provided that the balance has reached at least PLN 100.00. If the balance is lower, the funds are carried forward to the next settlement period.

  5. After the end of each settlement month, the Service Provider makes an electronic transaction statement available to the Creator in the Account. On the basis of this statement, the Service Provider will issue to a Creator who is an Entrepreneur a consolidated invoice for the Commission charged in the relevant month. For Creators who are Individuals, the statement constitutes an accounting record confirming the amount of revenue received. At the request of a Creator who is an Individual, the Service Provider will issue an invoice documenting the Commission charged, in accordance with applicable law.

§ 7. Creator Complaints Procedure

  1. The Creator has the right to submit a complaint concerning the Intermediation Service provided by the Service Provider, in particular with respect to operation of the Platform, technical problems with the Account or the settlement process.

  2. A complaint must be submitted electronically to creators@triplace.pl.

  3. A complaint must include at least information identifying the Creator, a detailed description of the problem and the relief sought.

  4. The Service Provider will consider the complaint and respond within 14 days of receipt. The response will be sent to the e-mail address from which the complaint was submitted.

§ 8. Special Provisions for Creators with Consumer Rights

This section applies exclusively to Creators with Consumer Rights.

  1. A Creator with Consumer Rights has the right to withdraw from the Framework Agreement without giving any reason within 14 days of its conclusion.

  2. The Creator has the right to withdraw by sending an unequivocal declaration of intent electronically or by deleting the Creator’s Account.

  3. The right to withdraw from the Framework Agreement does not apply if, before expiry of the 14-day period, the Creator, by selecting the appropriate checkbox on the Platform, expressly consented to commencement of the Intermediation Service (i.e. activation of the Creator’s profile and enabling the Creator to accept assignments) and was informed that, after that operation, the Creator would lose the right of withdrawal.

  4. Contractual provisions that are less favourable to a Creator with Consumer Rights than the provisions of the Consumer Rights Act, or that constitute prohibited contractual terms within the meaning of the Polish Civil Code, are invalid and the relevant provisions of law apply in their place.

§ 9. Content Moderation, Suspension and Termination of the Agreement (DSA and P2B Procedures)

Part 1. General Provisions

  1. The Service Provider has the right to decide to impose restrictions on provision of the Intermediation Service, such as removal of specified content, suspension or termination of the Framework Agreement (deletion of the Account), where the Creator breaches the law or materially breaches these Creator Terms or the Terms of Service for Users.

  2. The procedures described in this section comply with the requirements of Regulation (EU) 2022/2065 of the European Parliament and of the Council (Digital Services Act – DSA) and Regulation (EU) 2019/1150 of the European Parliament and of the Council (P2B Regulation).

Part 2. Reasons for the Decision (Statement of Reasons)

  1. The Service Provider will inform the Creator electronically of each decision imposing a restriction and will provide reasons for the decision (a statement of reasons), including:

    1. a description of the restriction imposed, its scope and duration;

    2. the facts and circumstances forming the basis of the decision;

    3. the legal or contractual basis of the decision;

    4. information on the possibility of appealing the decision.

Part 3. Suspension of the Intermediation Service

  1. In the event of breaches, the Service Provider has the right, before deciding to terminate the Framework Agreement permanently, to first suspend the Creator’s Account for a specified period of not less than 30 days in order to enable the Creator to explain the situation or remedy the breach.

  2. The Service Provider will notify the Creator of an intended suspension at least 15 days in advance, stating the reasons, unless suspension is necessary due to an overriding public interest or to protect other participants of the Platform.

Part 4. Termination of the Framework Agreement (Deletion of the Account)

  1. The Service Provider has the right to terminate the Framework Agreement with immediate effect (permanently deleting the Account) only in the event of:

    1. a serious and persistent breach of the Terms despite prior warnings;

    2. the provision of manifestly unlawful content;

    3. a legal obligation requiring deletion of the Account.

  2. If the Service Provider intends to terminate the Agreement for reasons other than those specified in paragraph 6, it will provide the Creator with reasons at least 30 days before the termination date. During that period, the Creator has the right to submit explanations, which will be considered before a final decision is made.

Part 5. Internal Complaint-Handling System

  1. The Creator has the right to submit a complaint (appeal) free of charge against a moderation decision or suspension/deletion of the Account within 6 months of receiving the decision, by e-mail to dsa@triplace.pl.

  2. Complaints are handled in a non-discriminatory and non-arbitrary manner. The Service Provider will inform the Creator of its decision on the complaint and indicate the possibility of using out-of-court dispute resolution methods.

§ 10. Amendments to the Creator Terms

  1. The Service Provider reserves the right to amend these Creator Terms for important reasons, such as changes in law, introduction of new functionalities or changes in market conditions.

  2. The Service Provider will notify the Creator of each planned amendment at least 15 days in advance by sending a notification to the e-mail address linked to the Account.

  3. A Creator who does not accept the amendments has the right to terminate the Framework Agreement by deleting the Account before the amendments enter into force. Failure to object is deemed acceptance of the new Creator Terms.

§ 11. Other Provisions (Personal Data, Copyright, Access to Data)

Personal Data

  1. The Service Provider is the controller of the Creator’s personal data to the extent necessary to provide the Intermediation Service. The Creator is a separate controller of the personal data of a User with whom the Creator has concluded a Contract for Specific Work. The Parties undertake to process data in accordance with the GDPR.

Copyright

  1. The Creator declares that the Creator holds all economic copyright in the Creator Services and that they do not infringe the rights of third parties. The Creator grants the Service Provider a non-exclusive, royalty-free licence to use the work to the extent necessary for operation of the Platform.

Access to Data

  1. The Creator has access through the Account to data concerning the Creator’s activity on the Platform (e.g. transaction history, statistics). Following termination of the Framework Agreement, access to the data remains available for at least 12 months to enable settlements, after which the data is anonymised or deleted, subject to obligations arising under applicable law.

§ 12. Final Provisions

  1. The Framework Agreement is concluded for an indefinite period.

  2. Either Party has the right to terminate the Agreement by giving one month’s notice. The notice of termination must be submitted electronically.

  3. The Agreement is governed by Polish law.

  4. Any disputes arising from the Framework Agreement will first be resolved amicably. If no agreement is reached:

    1. disputes involving a Professional Creator will be resolved by the court having jurisdiction over the registered office of the Service Provider;

    2. disputes involving a Creator with Consumer Rights will be resolved by the court having jurisdiction in accordance with the Polish Code of Civil Procedure.

  5. For the purpose of out-of-court dispute resolution, the Service Provider is willing to cooperate with specialised independent mediation institutions, such as the Mediation Centre at the Polish Bar Council (Centrum Mediacji przy Naczelnej Radzie Adwokackiej) or the Mediation Centre at the National Bar Council of Attorneys-at-Law (Centrum Mediacji przy Krajowej Izbie Radców Prawnych).

  6. A model withdrawal statement for Creators with Consumer Rights is attached to these Creator Terms.

Annex. Model Statement of Withdrawal from the Framework Agreement

For Creators with Consumer Rights

Complete and return this form only if you intend to withdraw from the Framework Agreement. Use of this form is optional.

To: TRIPLACE spółka z ograniczoną odpowiedzialnością, ul. Karłowicza 3, 95-080 Tuszyn, e-mail: contact@triplace.pl.

I hereby give notice of my withdrawal from the Framework Agreement for the provision of the Intermediation Service on the TriPlace Platform.

Date of conclusion of the Framework Agreement: ................................................

Creator’s first name and surname: ................................................

Creator’s address: ................................................

E-mail address linked to the Creator’s Account: ................................................

Date of the statement: ................................................

Creator’s signature (only if this form is submitted on paper):

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