§ 1. General provisions
The owner and administrator of the Odoardo™ online platform, available at https://odoardo.com (the “Platform”), is TITUTO Sp. z o.o., with its registered office and address at ul. Zimowit 42, 35-605 Rzeszów, Poland, entered in the register of entrepreneurs of the National Court Register kept by Sąd Rejonowy w Rzeszowie, XII Wydział Gospodarczy Krajowego Rejestru Sądowego under KRS number 0000416819, with share capital of 150 000 PLN, tax number (NIP) 8133672085, statistical number (REGON) 180833938 (the “Operator”). This document sets out the general rules for using the Platform (the “General Terms”).
You can reach the Operator in any matter concerning the Platform at [email protected] or by telephone at +48 506 900 590.
Odoardo™ is an integrated digital ecosystem in which the Operator offers services and products to consumers and business customers alike.
These terms set the rules for using the Platform. They apply to you whenever you use the Platform, and you accept them expressly when creating an account or placing an order.
§ 2. General definitions
These terms address you directly, meaning anyone who uses the Platform in any way: a natural person, a legal person or an organisational unit without legal personality. Where you act on behalf of a business or another organisation, “you” means that organisation. We also refer to the Operator as “we”.
Digital and physical goods and services that the Operator offers within the individual modules of the Platform (for example conversation cards, art subscriptions, services for spaces, domain leases).
A separate document listed in the “List of Specific terms” clause, setting out the rules and conditions of a given Service, a given Product or participation in a programme. The Sales Terms and the Artist Collaboration Terms are also Specific terms.
§ 3. Specific terms and conclusion of contracts
These terms set the framework rules for using the Platform. The purchase conditions, product specifications, subscription rules, lead times and licence terms for individual Services (for example Odoardo Art™, Odoardo Lens™) are set out in the relevant Specific terms.
A contract for a Service or Product ordered through the cart is concluded at the moment set out in the “When the contract is concluded” clause of the Sales Terms. A contract not concluded through the cart is concluded at the moment set out in the relevant Specific terms.
In the event of a discrepancy between these terms and the Specific terms of a given Service, the provisions of the Specific terms prevail. In the event of a discrepancy between the Sales Terms and the Specific terms of a given product, the Specific terms of that product prevail. That precedence does not extend to the provisions of these terms or of the Sales Terms protecting consumers and entrepreneurs with consumer-like protection, nor to mandatory provisions of law.
The following Specific terms apply:
When you order Odoardo Lens™ or Odoardo Soul™, you also conclude the data processing agreement, to the extent that it applies.
§ 4. Payments and security
Payments are handled solely by external, certified payment service providers, including Stripe. The payment methods available are those shown with the order, for example a payment card or BLIK.
The Operator does not store full payment card details. Payment processing and transaction security are the responsibility of the payment service provider.
The rules for recurring charges, including for subscriptions and leases, are set out in the Sales Terms.
Using services provided by electronic means carries the usual risks, such as malicious software, attempts to obtain data by deception (phishing) and account takeover. Protect your device and your mailbox, and do not pass your sign-in code to anyone.
§ 5. Technical requirements and rules of use
Full use of the Platform requires a device with internet access and an up-to-date web browser with JavaScript and cookies enabled.
You use the Platform in accordance with the law and good practice, respecting the personal rights and copyright of the Operator and of third parties.
It is prohibited to supply unlawful or offensive content, or to take technical actions that may disrupt the operation of the Platform.
Contracts for paid Services and Products may be concluded only by adults with full legal capacity, and by legal persons and organisational units without legal personality that have legal capacity under statute, acting through authorised representatives. By placing an order, you confirm that this condition is met.
Only an adult may open an Odoardo ID™ account. By opening an account, you confirm that you are an adult. The Platform is not directed at children, and if we learn that a minor has opened an account, we will close it and anonymise its data. This requirement does not apply to guests of our customers' spaces, for example hotel guests talking to the Odoardo Soul™ AI assistant.
You are responsible for content entered, sent or shared by you. The Operator does not create that content and does not check it before publication, unless Specific terms provide for its approval (for example of frames entered in The Filmable Book by Odoardo™). Such approval does not mean that the content has been checked for lawfulness or for compliance with third-party rights. The Operator is not liable for that content unless the law provides otherwise, in particular where, having received a notice, it fails to disable access to unlawful content promptly. Where the Operator prepares content on the basis of your materials (for example the knowledge of the Odoardo Soul™ AI assistant, an Odoardo Alibi™ series design or an Odoardo Lens™ recording scenario), preparing it serves only to produce the content and does not mean checking its truth, completeness or lawfulness. You remain responsible for the materials supplied.
The rules of the “Responsibility for your content” clause also apply to content supplied by people using your space, such as hotel guests. The Operator provides only the infrastructure for it.
We accept notices of unlawful content at [email protected]. Abuse connected with an address in Odoardo Space™ may also be reported through the abuse report form. A notice should explain why the content is unlawful, give the exact location of that content (its URL) and the notifier's name and e-mail address, and include the notifier's statement that they believe in good faith that the information in the notice is accurate and complete. The same address is the point of contact for Member State authorities, the European Commission, the European Board for Digital Services and people using the Platform. We communicate in Polish and English.
We confirm receipt of a notice and handle it in a timely, non-arbitrary and objective manner. A notice is handled by a person. We inform the notifier and the person who supplied the content of the decision — removal of the content, disabling of access, restriction of visibility, or leaving the content unchanged. In doing so we give the reasons, the ground for the decision and information on how to contest it. A decision may be contested by writing to [email protected] within six months. Judicial redress is also available.
If you repeatedly supply manifestly unlawful content, we may — after a prior warning and for a reasonable period — suspend your ability to publish content. In the same way, we may suspend the handling of notices from a person who repeatedly submits manifestly unfounded notices.
If a third party brings a claim against the Operator arising from a breach of that party's rights or of the terms for which you are at fault, in particular from supplying content or material to which you do not hold the rights, or from content supplied by people using your space where the breach is your fault, you will release the Operator from the obligation to perform towards that person, make good its loss and cover the reasonable costs of defence, including legal representation. The Operator notifies you of the claim without delay and does not acknowledge it without your consent. This clause does not apply if you are a consumer or an entrepreneur with consumer-like protection. Responsibility is then assessed on general terms.
We may also restrict your content on our own initiative where it breaches the law or the terms — for example refuse or remove an entry to The Filmable Book by Odoardo™ or your material as an artist, or suspend an address in Odoardo Space™. Such a decision is taken by a person, and we inform you of it together with the reasons. You may contest it by writing to [email protected] within six months, under the “How a notice is handled” clause. This procedure concerns restrictions for a breach of the law or of the terms. It does not cover a curator's discretionary choice, for example declining a nomination or declining to admit an artist to the catalogue for artistic reasons.
The contract for keeping an Odoardo ID™ account is concluded free of charge and for an indefinite period when the account is opened. You may terminate it at any time by deleting the account in Odoardo ID™. We may terminate the account contract with 14 days' notice only for one of the following important reasons: discontinuing Odoardo ID™, a change in the law that prevents the account from being kept any longer, a breach of the terms, or unlawful use of the account. We may terminate it with immediate effect only in the event of a gross breach of the terms. Our termination of the account contract does not end contracts for paid continuous services — their ending is governed by the “Termination by the Operator” clause and, for the lease of an address in Odoardo Space™, by its Specific terms, and we keep the account until they end. The effects of deleting the account on orders and recurring services are set out in the Sales Terms, and the effects of deleting it where, as an artist, you have work in the catalogue are set out in the Artist Collaboration Terms.
We provide the following services by electronic means, free of charge:
- The Odoardo ID™ account — under the “Odoardo ID™ account” clause.
- Odoardo Letters™ — the contract is concluded when the subscription is confirmed and ends when you unsubscribe.
- The configurator — the contract is concluded when you start using it and ends when you stop.
- The composition, that is the saved basket — the contract is concluded when you add the first configuration to it and ends when you place the order, empty the composition, or 90 days after your last visit.
- Confirming your e-mail address with a one-time code before payment — the contract is concluded when the code is sent and ends when the address is confirmed or the code expires.
- Conversations with the AI assistants (the Odoardo™ assistant and Odoardo Soul™), and the object and letter pages — the contract is concluded when you start using them and ends when you stop.
- Forms, including the contact form in the Help tab of Odoardo ID™ and the abuse report form — the contract is concluded when the form is sent and ends when the matter has been handled or the account is deleted.
- The Odoardo Lens™ recording scenario in the browser and the video postcard page, used by guests of our customers' spaces — the contract is concluded when you start using them and ends when you stop.
- Public profiles in The Filmable Book by Odoardo™ — the contract is concluded when you start using them and ends when you stop.
§ 6. Consumer rights and complaints
The Operator complies with consumer rights arising from the law, in particular from the Polish Consumer Rights Act.
If you are a consumer or an entrepreneur with consumer-like protection, you have the statutory right to withdraw from a distance contract on the terms of the Sales Terms.
We accept complaints concerning the technical operation of the Platform at [email protected]. We respond within 14 days of receiving the complaint.
The Operator agrees to the out-of-court resolution of disputes with consumers before an entitled body, which is the Permanent Court of Arbitration at the Podkarpackie Regional Inspector of Trade Inspection in Rzeszów (Stały Sąd Polubowny przy Podkarpackim Wojewódzkim Inspektorze Inspekcji Handlowej w Rzeszowie) (https://wiih.rzeszow.pl/dla-konsumenta-/staly-sad-polubowny/informacje-ogolne). If you are a consumer, you may also turn to the permanent court of arbitration at the regional inspector of the Trade Inspection competent for your place of residence. The register of all entitled bodies is kept by the President of the Office of Competition and Consumer Protection (UOKiK): https://polubowne.uokik.gov.pl. You may also ask the regional inspector of the Trade Inspection (wojewódzki inspektor Inspekcji Handlowej) for mediation, and get free help from a district or municipal consumer ombudsman (powiatowy lub miejski rzecznik konsumentów). If you live in another country of the European Union, you may also turn to the European Consumer Centre. Using these means is voluntary and does not close the way to the courts.
References published on the Platform appear with their authors' consent — they are not consumer reviews of products and we do not verify them as such.
If you are an entrepreneur, by concluding a contract for a Service or Product you grant the Operator a free, non-exclusive licence to use your name, the name of your place and your logo to show you as a customer of Odoardo™ and TITUTO Sp. z o.o. — on the Platform, in portfolios, on social media and in presentations. You may object at any time at [email protected]. We then remove these marks from our channels within 30 days, and we do not withdraw materials printed earlier. This clause does not apply if you are an entrepreneur with consumer-like protection.
§ 7. Artificial intelligence
The Operator uses artificial intelligence tools, among other things, to edit photographs, prepare part of the texts and translations, and hold conversations with you. The scope is described in the notice on the use of artificial intelligence.
In the conversation window on the Platform, on an object's page and on a letter's page, the answers come from an artificial intelligence system, not from a person. We say so before the first utterance, in accordance with Article 50 of Regulation (EU) 2024/1689 of the European Parliament and of the Council.
The assistant's answers are for information only. They may be incomplete or wrong, and they are not an offer within the meaning of Article 66 of the Polish Civil Code, nor legal, medical or financial advice.
Where an answer from the assistant differs from the configurator, the price list, the order confirmation or the Specific terms, those prevail. This clause does not limit the rights of a consumer or of an entrepreneur with consumer-like protection under mandatory provisions of law.
It is prohibited to use the assistant to generate unlawful content, to circumvent its safeguards, or to send it automated queries. In the event of misuse, the Operator may restrict access to the assistant.
A conversation with the assistant is not a condition of placing an order or making a complaint. You can write to [email protected] about any matter.
§ 8. Liability and availability of services
If you are an entrepreneur and not an entrepreneur with consumer-like protection, the Operator is not liable to you for lost profits, business interruption, loss of data or other indirect damage. The Operator's aggregate liability under a single contract is limited to the equivalent of the fee for one billing period (monthly or quarterly) of the Service concerned and, for a one-off purchase, to the price of the Product concerned. Where Specific terms set a liability limit of their own, that limit applies.
The limitation in the “Liability towards business customers” clause does not apply to damage caused intentionally, nor in cases where excluding or limiting liability is not permitted by law. If you are a consumer or an entrepreneur with consumer-like protection, the Operator is liable to you on general terms.
If you buy as an entrepreneur who is not an entrepreneur with consumer-like protection, the Operator's liability under the statutory warranty is excluded pursuant to Article 558 § 1 of the Polish Civil Code. This does not apply to consumers or to entrepreneurs with consumer-like protection.
The Operator may terminate a contract for a paid continuous service with 90 days' notice. If you are a consumer or an entrepreneur with consumer-like protection, termination requires one of the following important reasons: permanent withdrawal of the service from the offer, a change in the law that prevents the service from being provided in its existing scope, abuse, or unlawful use of the service. We send the notice to the e-mail address assigned to your account. We refund you the unused part of the fee pro rata. On the same terms we may end the operation of the Odoardo Soul™ AI assistant whose upkeep is included in the price of another product (for example Odoardo Alibi™ or Odoardo Art™) and which carries no separate recurring fee. If you are a consumer or an entrepreneur with consumer-like protection, we will not end it earlier than two years after delivery of the object it operates in, because it is a digital element of that object (Article 43b et seq. of the Polish Consumer Rights Act). Ending the assistant after that period gives no right to a refund of any amount. The Operator may terminate the contract with immediate effect only in the event of a gross breach of the terms not remedied within the deadline set in a demand, or of unlawful use of the service. A contract under which arrears in payment are not settled ends on the terms of the “Failed payment” clause of the Sales Terms. This clause does not apply to the lease of an address in Odoardo Space™, the ending of which is governed by its Specific terms.
The Operator may suspend access to a service in the event of arrears in payment or a material breach of the terms, after a prior demand and after setting a deadline to pay or to remedy the breach, unless the breach consists in unlawful conduct requiring immediate action. The Operator may also suspend access without a prior demand where the law, a request from a competent authority, or the rules or a request of a domain registry require it.
Neither party is liable for non-performance or improper performance of an obligation caused by force majeure, that is an external event which it could not have prevented while exercising due care, for example a decision of a public authority, armed conflict, an epidemic, a natural disaster or a widespread failure of suppliers' infrastructure beyond that party's control.
The Platform, its software, content, trade marks and graphic materials are protected by law, and the rights to them belong to the Operator or its licensors. Any use beyond the permitted use provided for by law requires the Operator's consent.
The services may be temporarily unavailable, in particular because of technical work or a failure. The Operator does not guarantee uninterrupted availability of the services.
The Operator develops the services and may change how they look and work, provided this does not reduce the functional scope ordered. If you are a consumer or an entrepreneur with consumer-like protection, a change to digital content or a digital service beyond what is necessary to keep it in conformity with the contract is permitted only for a valid reason: a change in the law, ensuring security, adapting to technical changes at our suppliers or introducing new features. You bear no cost for it, and we inform you of the change clearly and comprehensibly. If the change has a significant negative impact on your access to or use of the content or service, we notify you of it on a durable medium reasonably in advance, and you may withdraw from the contract free of charge within 30 days of the change or of the notice, whichever is later, unless we enable you to keep the content or service in its existing form at no additional cost.
§ 9. Final provisions
These terms, the Specific terms (including the Sales Terms and the Artist Collaboration Terms), the data processing agreement and the contracts concluded under them, as well as the use of the Platform, are governed by Polish law. If you are a consumer, that choice does not deprive you of the protection afforded by the provisions of the law of your country of habitual residence that cannot be derogated from by agreement (Article 6 of Regulation (EC) No 593/2008).
The Operator may amend these terms, the Specific terms (including the Sales Terms and the Artist Collaboration Terms) and the data processing agreement only for one of the following important reasons: a change in the law, a court ruling or an authority's decision affecting the content of the document, a change in the scope or manner of providing the services, including the introduction of a new service, a modernisation of the Platform's infrastructure that requires a change in the rules for using it, preventing abuse, or correcting an obvious error or clarifying provisions without making your position worse. We give notice of an amendment to any of these documents at least 14 days before it takes effect: to the e-mail address assigned to your account or, if you have no account, by an announcement on the Platform. If you have a continuous contract with us, the amendment binds you unless you terminate that contract before the amendment takes effect. Termination on this ground is free of charge. If, as an artist, you may terminate under the Artist Collaboration Terms only with a notice period, the amendment does not bind you until that period ends, provided you give notice before the amendment takes effect. Contracts for one-off performances concluded before the amendment takes effect remain governed by the version accepted with the order.
If you are not a consumer, you may not assign your rights and obligations under the contract to a third party without the Operator's consent given in documentary form.
The invalidity or ineffectiveness of any provision of these terms, the Specific terms (including the Sales Terms and the Artist Collaboration Terms) or the data processing agreement does not affect the validity of the remaining provisions of those documents. The relevant provision of law applies in place of an invalid one.
If you are an entrepreneur who is not an entrepreneur with consumer-like protection, we resolve disputes between you and the Operator amicably in the first instance and, failing agreement, before the court having jurisdiction over the Operator's registered office. Towards consumers and entrepreneurs with consumer-like protection, jurisdiction follows from the law, and these terms do not change it.
These terms apply in version 2026-10-01. The version accepted with your order is shown in the confirmation of contract terms available in Odoardo ID™.
These terms, the Specific terms (including the Sales Terms and the Artist Collaboration Terms) and the data processing agreement apply in their Polish wording. The Privacy policy and the notice on the use of artificial intelligence are informative and are also drawn up in Polish. The English versions of all these documents are informative translations, and in the event of any discrepancy the Polish text prevails.
