Terms for made-to-order versions

1. What these terms cover

These terms cover orders for a version of a Bip's Club film of your own and for stickers only, agreed following an inquiry through the form or by e-mail. The ordering party may be a business, an institution or a private individual. A consumer is a natural person who concludes a contract with me that is not directly related to their business or professional activity. A purchase in a business's name or by an institution does not, on that basis, qualify as a consumer purchase, but a natural person placing an order directly related to their business activity benefits from the protection provided by Article 7aa of the Polish Consumer Rights Act if the contract is not of a professional nature for that person. This covers the right of withdrawal and the conformity of goods and digital content with the contract to the extent specified in the Act. As a rule, a consumer may withdraw from a distance contract without giving a reason within 14 days, counted from taking possession of the goods or, for digital content not supplied on a tangible medium, from conclusion of the contract. The exception in Article 38(1)(3) of the Act concerns goods that are not prefabricated and are made to the consumer's specifications or for their individual needs, so it does not automatically cover all stickers or a film supplied as a file. For paid digital content not supplied on a tangible medium, the exception in Article 38(1)(13) requires express prior consent to begin performance, prior information that the consumer will lose the right of withdrawal once performance has been completed, acknowledgement of this, and provision of the required confirmation. Merely accepting these terms or choosing a made-to-order film is not enough. Before the contract is concluded, I provide the information required for the particular order, including instructions on withdrawal or the absence of that right, and a model withdrawal form. These terms do not cover merely watching publicly available films from the YouTube channel.

The contractor is Krzysztof Głuszczyk (Creatiwi AI), NIP (tax id) 9542715800. I state my business address and phone number in the quote, before the contract is concluded.

2. Inquiry and quote

Filling in the form is an inquiry, not an order, and it commits neither side. The site lists no prices and no dates. The contractor answers with a quote at the e-mail address given.

The contract is concluded when I receive unequivocal acceptance of the quote I sent and all agreed details while the offer is valid. An e-mail that allows the person giving acceptance to be identified is enough, for example: “I accept quote no. … and the terms described in it, and I place an order with an obligation to pay”. A person acting on behalf of an institution or company must be authorized to represent it. A reply proposing a change requires further agreement; neither silence nor merely submitting the form concludes a contract. Before acceptance, I provide the terms applicable to the inquiry, a description of what is being ordered, the full price including taxes and delivery costs, the method and timing of payment and performance, my identification and contact details, including the business address and telephone number, the rules for complaints and withdrawal, and all other information required by law. For a film, I also specify the delivery method, essential technical requirements, functionality and compatibility with devices and software. After the contract is concluded, I send confirmation of it and the agreed terms by e-mail, in the message or an attachment that can be retained; a link to a page that can change is not enough. I separately obtain the required statements concerning the start of performance before the withdrawal period expires. Accepting the quote by ordinary e-mail does not replace the signed consent of the owner of the voice.

3. Scope of a made-to-order version

For a film order, the ordering party specifies the elements below, but may omit the group name and ask for help choosing the age group. Beyond these elements, I can adapt the film's look and change its content to suit the ordering party's needs, within the scope agreed in the quote. For an order for stickers only, the ordering party chooses the animal and may provide the number of stickers; we agree on the remaining details in the quote, including whether the stickers are standard or made to individual specifications.

• the animal: the costumes ready now are bee, bear, kangaroo and tiger, and any other animal needs a new costume drawing, with the time agreed case by case,
• the language of the film: Polish, English or Spanish, and another language needs translation and a review, with an individual quote,
• the age group: 3 to 5, 5 to 6 or 6 to 9 years, while nursery (1 to 3 years) is a separate format, without a screen, and is not offered as a film,
• the group name: plain text for the whole group, without the names of children,
• the kind of narrator's voice: the author's voice, the ordering party's voice or a library voice.

4. Consents for voices

I clone the ordering party's voice or another person's voice only after receiving separate, signed consent from the adult owner of that voice. The signature of a person representing an institution or company does not replace the consent of the owner of the voice. The field in the form only confirms that the ordering party knows this consent must be obtained before work starts; it does not mean that consent already exists and does not replace it. Without signed consent, I do not start work on the version with that voice or accept a sample. An employee's consent must be genuinely freely given: refusal or withdrawal must not result in pressure or adverse employment consequences. The ordering party may choose the author's voice or a library voice. If there are doubts about whether consent is freely given, I do not clone that person's voice. I do not clone the voices of children or public figures.

The ordering party hands over the voice sample only after the quote and after the owner of the voice has signed the consent. Once the contractor has the signed consent, the contractor sends a link to an encrypted file share with a limited validity (for example 7 days), and the ordering party hands over the sample through that link. The sample does not go by ordinary e-mail or through the form. It goes to a provider of speech synthesis technology, also outside the EEA. The contractor gives its name before receiving the sample, and deletes the sample and the voice model within 30 days after the film is handed over to the ordering party. The template of the consent is on a separate page.

The owner of the voice may withdraw consent at any time, without giving a reason and without a fee for the withdrawal itself, by writing to orders@bipsclub.com. This does not affect the lawfulness of earlier processing. After receiving the withdrawal, I stop creating and using narration with that voice, delete the sample and model without undue delay, and instruct providers processing them on my behalf to delete them. I also delete copies of the film with that voice that remain under my control, unless a specific legal provision allows a necessary copy to be kept for a limited purpose, such as defending claims, without further sharing. I inform the ordering party and the relevant recipients of the withdrawal. The ordering party stops showing and publishing the version with that voice, removes it from their channels, deletes copies intended for further use, and passes the information to the entities with which they shared it. I take reasonable steps to remove further copies in accordance with the law, but I cannot guarantee retrieval of files downloaded by other people or deletion of copies outside my control. The film license does not authorize continued use of the voice after consent is withdrawn. Withdrawal does not automatically terminate the order contract. I agree with the ordering party on replacing the voice, the remaining scope of work, or termination and settlement of the contract; additional work requires a separate agreement, with the ordering party's statutory rights preserved. I do not charge the owner of the voice, if they are not a party to the order, for the costs of changing it or impose a penalty for withdrawing consent.

5. Disclosure of the synthetic voice

Every film says that a computer recreated the voice. The ordering party does not remove this notice from the film and does not cover it when distributing the film.

6. Generated content

The voices and the drawings are made with the help of a computer and AI tools, so the result can differ from the examples on the channel. The contractor checks the film before handing it over. The ordering party has two rounds of revisions and sends comments within 7 days of receiving the draft version. Further rounds are possible on request.

Bip is not artificial intelligence. Bip says what was written in advance.

7. Copyright and license

Krzysztof Głuszczyk creates the character Bip, drawings, costumes and films with the help of AI tools. He reserves all rights that he actually holds. Copyright protection covers only elements meeting the statutory requirements for a work, including a creative and individual human contribution; merely generating material with AI does not establish that such protection arises. I do not claim copyright in elements that are unprotected or whose rights belong to other people. The rights I hold belong to me personally; the sole proprietorship I run is not a person separate from the author. The scope of use of the supplied film is defined by the license terms below and the stated requirements concerning materials by other authors.

To the extent of the rights I hold, I grant the ordering party a non-exclusive license to save and store the finished film, make copies necessary for permitted use, show it in their own institution, company or home, and publish and share it through their own channels, including making it available online so that viewers can watch it at a place and time of their choosing. The license covers the whole world and is granted without a specified end date, subject to the legal provisions governing its termination on notice. It does not cover resale of the film, modification of it, or use of the character Bip outside the film. Permissions concerning my contribution do not replace the required permissions for materials by other authors or the consent of the owner of the cloned voice. The terms concerning the film do not restrict the statutory right to dispose of lawfully acquired copies of the stickers.

The texts and materials that the ordering party supplies must be theirs, or used with the owner's consent. A film may contain elements by other authors that require a credit, like the photo from Wikimedia Commons in the films on the channel. If that applies to the ordering party's version, the contractor will pass on the requirements.

8. Data about children

The ordering party does not give the contractor the names, photos or recordings of children and does not put them in the texts for the film. The group name is to be a name for the whole group.

9. Payment

The price, the payment terms and how the invoice is issued follow from the quote.

10. Liability and complaints

I am responsible for carrying out the order and for the conformity of what I supply with the contract under the rules laid down by law. These terms introduce no cap on damages or contractual exclusion of liability. A complaint may be submitted by e-mail to orders@bipsclub.com or in writing to my address given in the quote; it is enough to identify the order, describe the problem and state the desired solution. I do not require my own complaint form or a receipt as the only proof of purchase. I respond to a consumer on a durable medium, for example by e-mail, within 14 days of receiving the complaint; failure to respond within that period means the complaint is accepted, unless a specific legal provision states otherwise. I respond to other ordering parties without undue delay. Chapter 5a of the Polish Consumer Rights Act applies to stickers that do not conform to a consumer contract, and Chapter 5b applies to supplying a film as digital content. Subject to the conditions of the Act, these chapters provide for bringing what was supplied into conformity with the contract and, in appropriate cases, a price reduction or withdrawal from the contract. This protection also applies to a natural person meeting the conditions of Article 7aa of the Act. Other orders are governed by the relevant provisions of the Polish Civil Code, including those on the statutory warranty for defects where applicable; I do not exclude or restrict that warranty through these terms. The two rounds of revisions and the seven days allowed for comments on the draft do not restrict statutory complaints or claims. The right to withdraw from a distance contract and its exceptions are described at the beginning of these terms; a business or institution without protection under Article 7aa does not acquire a 14-day right to cancel merely because the contract was concluded at a distance. An entitled ordering party may withdraw by making an unequivocal statement, including by e-mail to orders@bipsclub.com; use of the model form is not mandatory. Before the contract is concluded, I provide detailed instructions on the time limit, method, effects and costs of withdrawal and any absence of that right. An exception to the right of withdrawal does not remove the right to complain.

These terms do not remove rights that the ordering party has under mandatory law.

11. Contact

Krzysztof Głuszczyk (Creatiwi AI), e-mail orders@bipsclub.com. I state my business address and phone number in the quote. Personal data is covered by the privacy policy.

12. Changes to the terms

I apply to an order the version of these terms published on the day the inquiry leading to that order was sent. Before the quote is accepted, I send that version to the ordering party in the body of an e-mail or in an attachment that can be retained. If the inquiry was supplemented later, further correspondence alone does not change the applicable version. I announce changes on this page, giving the date of the new version and a brief description of the rules changed; they apply to inquiries sent on or after that date. Changing the page does not change an already concluded contract or the terms applicable to an earlier inquiry. Changing agreed terms requires the parties' express agreement and must not deprive the ordering party of statutory protection. Mandatory legal provisions apply regardless of the date of these terms.