Mizzart Terms of Use

Effective date: 4 October 2026

§ 1. General provisions

These Terms set out the rules for using the Website, the Application and the Client Panel, and the conditions for providing services by electronic means within the meaning of the Polish Act of 18 July 2002 on the provision of services by electronic means.
The Service Provider is Dominik Mizerski, running a sole proprietorship (jednoosobowa działalność gospodarcza) under the business name "Dominik Mizerski Mizzart", based in Warsaw, Poland, tax ID (NIP): 5214175509, REGON: 545409804, e-mail: kontakt@mizzart.com.
The electronic services described in these Terms are free of charge.
These Terms do not govern the creation of the 3D tour, in particular the scanning session, deadlines, fees, acceptance, complaints about the quality of the Tour or the rights to use the Tour. These matters are governed by the Agreement. In matters concerning a Project, the provisions of the Agreement take precedence over these Terms.
These Terms are available free of charge at www.mizzart.com/terms.html in a form that allows them to be downloaded, stored and printed.
This document is a translation of the Polish version available at www.mizzart.com/regulamin.html. In the event of any discrepancy, the Polish version prevails.

§ 2. Definitions

Website — the service available at www.mizzart.com, used to present the Service Provider's services, publish articles and get in touch, including through the Contact Form.
Application — the application available at app.mizzart.com, used to display Tours in a web browser.
Client Panel — the application available at panel.mizzart.com, used by Clients to manage their Projects and Account.
Services — the Website, the Application and the Client Panel together.
User — any person using the Services, including a person viewing a Tour through a Public Link.
Client — a User who has entered into an Agreement with the Service Provider and for whom an Account has been created.
Consumer — a natural person entering into a legal transaction with the Service Provider that is not directly related to their business or professional activity, as well as a natural person running a business for whom the contract is not of a professional nature.
Account — a Client's individual access to the Client Panel, protected by an e-mail address and a password.
Agreement — the project agreement (umowa realizacji projektu) concluded between the Service Provider and the Client.
Project — an order to create a 3D tour of a specified property or object, carried out under the Agreement.
Tour — an interactive 3D presentation of a space displayed in the Application, including a Gaussian Splatting scene, models, route points, views and navigation elements.
Public Link — a URL or QR code leading to a Tour. A Tour is public by default: anyone who knows the Public Link or the Tour identifier can view it, unless access has been restricted with a password or in another agreed way.
Contact Form — the form on the Website used to send a message to the Service Provider.
Statistical Data — aggregated or technical data on the use of the Services and Tours, in particular the number of visits, viewing time and country or region.

§ 3. Types of electronic services

The Service Provider provides the following services by electronic means:

browsing the Website, including the description of services, sample projects and articles;
the Contact Form, which allows an enquiry to be sent to the Service Provider;
displaying Tours in the Application through a Public Link, also when the Tour is embedded on another website, including moving around the Tour, playing routes and using view settings;
maintaining an Account in the Client Panel, which in particular allows the Client to: view Projects and their status, view Tour statistics, update listing details, download materials made available by the Service Provider, send messages and requests, manage their password, two-factor authentication (2FA) and e-mail notifications, and request deletion of the Account or data.

The Service Provider may develop, change and extend the features of the Services. A change of features may not deprive the Client of access to the Tours and materials to which they are entitled under the Agreement.

§ 4. Technical requirements

Using the Services requires a device with Internet access and an up-to-date web browser (e.g. Chrome, Edge, Firefox, Safari) with JavaScript enabled.
Displaying Tours requires a browser and device that support WebGL. Smoothness and display quality depend on the device's performance and the connection speed, so a Tour may perform differently on different devices.
Using the Client Panel requires cookies necessary for signing in to be enabled and an active e-mail address.
The Application and the Client Panel may store settings in browser storage (localStorage, sessionStorage). Details are set out in the Privacy Policy.
Using the Internet involves typical risks such as malware, phishing attempts and unauthorised access to an account. The Service Provider never asks for your password by e-mail or by phone.

§ 5. Conclusion and termination of the contract for electronic services

The contract for browsing the Website and for displaying a Tour is concluded when the Website or the Public Link is opened and terminates when it is closed.
The contract for using the Contact Form is concluded when the User starts filling in the form and terminates when the message is sent or the User decides not to send it.
The Service Provider creates the Account for the Client in connection with the conclusion of the Agreement. The Client receives an invitation by e-mail, and the contract for maintaining the Account is concluded once the Client sets a password and accepts these Terms during onboarding. The contract for maintaining the Account is concluded for an indefinite period.
The Client may terminate the contract for maintaining the Account at any time and without giving a reason by requesting deletion of the Account in the Client Panel or at kontakt@mizzart.com. Deleting the Account does not affect the rights and obligations under the Agreement, but it may end access to the Client Panel and to the materials and statistics available there.
The Service Provider may terminate the contract for maintaining the Account with 14 days' notice for important reasons, in particular after the cooperation has ended and the data retention periods set out in the Privacy Policy have expired. The Service Provider may block the Account with immediate effect if the Client seriously breaches these Terms, in particular § 7, or threatens the security of the Services.

§ 6. Account and security

The Client undertakes to keep their password and other login details confidential and to inform the Service Provider without delay of any suspected unauthorised access to the Account.
In the Client Panel, the Client may change their password, enable or disable two-factor authentication, update profile details and set consents for selected e-mail notifications. The Service Provider recommends using two-factor authentication.
The Client undertakes to provide true and up-to-date information to the extent needed to use the Client Panel.
Withdrawing consent to certain notifications does not affect the lawfulness of messages sent before the withdrawal.

§ 7. Rules for using the Services

Users must use the Services in accordance with the law, good practice and these Terms. In particular, it is prohibited to:

provide unlawful content, including through the Contact Form and the Client Panel;
upload files containing malware or files inconsistent with the purpose of the Services, or upload materials to which the User does not hold the rights;
attempt to circumvent security measures or gain access to another person's Account or to a Tour with restricted access;
automatically extract data from the Services (scraping), place an excessive load on the Services or otherwise disrupt their operation;
download, copy or extract Tour files (including scene data and models) from the Application by bypassing the functions provided by the Service Provider, or decompile or reverse engineer the Application;
use the content of the Services, including Tours, to train, test or develop artificial intelligence or machine learning systems without separate written consent from the Service Provider.

The Client decides who receives the Public Link. The Service Provider is not liable for the consequences of the Client sharing the Public Link or login details with third parties.

§ 8. Intellectual property

The Services, including software, code, interfaces, graphic layout, texts, articles, photos and videos published by the Service Provider, are protected by copyright and belong to the Service Provider or its licensors.
The content of the Services may be used to the extent necessary to use them for their intended purpose and within the limits of permitted use under copyright law. Sharing links to the Website and articles is permitted.
The extent to which the Client may use the Tour and the Project materials, including embedding the Tour on websites and listing portals, is governed by the Agreement. These Terms apply to a Tour embedded on another website.
The Service Provider may use Statistical Data in aggregated or anonymised form to analyse and improve the Services, provided that it does not allow specific individuals to be identified.

§ 9. Availability of the Services

The Service Provider takes care to keep the Services running, but does not guarantee their uninterrupted availability.
The Service Provider may temporarily restrict access to the Services or parts of them for maintenance, updates, security or to fix failures, where possible outside peak hours.
The Services use infrastructure from external providers listed in the Privacy Policy. The Service Provider is not liable for interruptions caused by failures on the part of these providers or by force majeure. This provision does not limit Consumers' rights under mandatory law.

§ 10. Reporting unlawful content

Anyone who believes that a Tour or other content made available in the Services is unlawful or infringes their rights, in particular their privacy, image or copyright, may report it to kontakt@mizzart.com. This address is also the point of contact for authorities and Users. Communication is possible in Polish or English.
A report should include the Public Link or the address of the content, an indication of the part it concerns (e.g. a room or view), a justification and the contact details of the person reporting, unless the report concerns content for which the law does not allow this.
The Service Provider handles reports without undue delay and informs the person reporting of its decision. Until the matter is resolved, the Service Provider may temporarily restrict access to the Tour or part of it.
If the Service Provider restricts access to a Tour or removes part of it as a result of a report, it informs the Client and gives the reasons. The Client may appeal against this decision at kontakt@mizzart.com.

§ 11. Complaints about the Services

Users may submit a complaint about the operation of the Services through the Client Panel or to kontakt@mizzart.com.
A complaint should include contact details, a description of the problem and, where possible, the date it occurred, the address of the page or Tour, and the device and browser used.
The Service Provider handles complaints within 14 days of receipt and replies to the e-mail address from which the complaint was sent or in the Client Panel.
Complaints about the quality of a Tour and the performance of a Project are handled under the terms of the Agreement.

§ 12. Personal data

The rules for processing personal data, the use of cookies and browser storage, and the list of providers to whom data is entrusted are set out in the Privacy Policy.

§ 13. Changes to these Terms

The Service Provider may change these Terms for important reasons, in particular a change in the law, a change in the features of the Services, a change in the Service Provider's details or the need to ensure the security of the Services.
Clients are informed of changes to these Terms by e-mail and by a notice in the Client Panel at least 14 days before the changes take effect. A Client who does not accept the changes may delete their Account in accordance with § 5 before they take effect.
Changes to these Terms do not affect the provisions of Agreements already concluded.

§ 14. Final provisions

These Terms are governed by Polish law. This choice of law does not deprive a Consumer of the protection afforded by mandatory provisions of law.
Disputes with Users who are not Consumers are resolved by the court having jurisdiction over the Service Provider's registered office. Jurisdiction in disputes with Consumers is determined by general rules.
Consumers may use out-of-court complaint and redress procedures, in particular the assistance of a district (municipal) consumer ombudsman (rzecznik konsumentów). Information is available at uokik.gov.pl.
If any provision of these Terms proves invalid or ineffective, the remaining provisions remain in force.
Contact with the Service Provider: kontakt@mizzart.com.