LEGAL DOCUMENT
Terms of Service
Version 1.0 · effective 2026-07-29
Profile: 18+ ONLY. The Service does not operate accounts for minors.
1. General provisions
- These Terms govern use of The Old Letters, available at https://theoldletters.com, referred to as “TOL” or the “Service”.
- The Service is operated and owned by Joanna Szamota, carrying on a sole-trader business under the registered name “Joanna Szamota Blackgrain Workshop”, ul. Zachodnia 24, 05-822 Milanówek, Masovian Voivodeship, Poland, Polish tax identification number NIP 5291840195, REGON 521704456, referred to as the “Provider”.
- The Provider may be contacted at support@theoldletters.com.
- These Terms are made available free of charge before the agreement is concluded, in a form that allows them to be obtained, reproduced and stored. The current version is available in the Service and can be printed or saved using your browser.
- Use of the Service requires the User to read these Terms and the Privacy Policy. Creating an Account requires acceptance of these Terms.
- The Service is available only to persons aged 18 or over. The Provider does not offer the Service to minors, does not operate accounts for minors, and does not direct the Service to children. Registration requires a declaration of adulthood. A person acting on behalf of an organisation represents that they are authorised to represent it.
- TOL enables direct, private and interactive electronic correspondence between recipients selected by Users. It may qualify as a publicly available number-independent interpersonal communications service under Polish Electronic Communications Law.
- Where the Provider qualifies as a microenterprise providing exclusively publicly available number-independent interpersonal communications services, the Provider informs Users that, under Article 283(1) of the Polish Electronic Communications Law, Chapter 2 of Division III of that Act does not apply, except for Article 298(1). This does not limit mandatory consumer rights or the Provider’s duties relating to communications secrecy and service security.
- The Service is available globally and applies no geographic restrictions. The Provider is established in Poland but serves Users in other countries. Because the Service is directed only to adults, the varying national thresholds for a child's consent to data processing do not apply.
- The Provider takes reasonable steps to keep minors off the Service and acts on any credible knowledge of a minor's account under section 6.
2. Definitions
The following terms have the meanings below:
- Application means the TOL web software, interface, functions and visual elements.
- Account means an individual User profile used to access the Service.
- User means an adult natural person using the Service, including a Consumer or a qualifying sole trader.
- Consumer means a natural person acting for purposes outside their trade, business or profession.
- Qualifying sole trader means a natural person entering an agreement directly connected with their business where the agreement is not professional in character for that person under Polish law.
- Letter means an electronic message prepared, encrypted, sent, received or stored through the Service together with supported metadata and attachments.
- User Content means Letters, names, descriptions, graphics, files, reports, comments and other materials supplied by a User in connection with the Service.
- Duo or Family Space means a feature linking a specified number of Accounts and providing shared functions under the selected Plan.
- Plan means a variant of Service scope, limits, functions, price and billing period shown before purchase.
- Subscription means paid recurring access to a Plan for a selected period.
- Billing Period means a month, year or other period shown before purchase.
- Business Day means Monday to Friday excluding Polish public holidays.
- Durable Medium means a tool that lets a person store information for future reference for a period appropriate to its purpose and reproduce it unchanged, including email or a PDF file.
- Minor means a person under 18. A Minor may not be a User of the Service. The term appears in these Terms solely to define the exclusion and prohibited conduct.
- Family Owner means an adult User who purchases the Family Plan, manages seats and billing, and may invite members through the interface.
or a PDF file.
3. Services
- Depending on the current version and selected Plan, TOL may provide:
- Account registration, authentication and management;
- creation, formatting, encryption, sending, receipt, archiving and deletion of Letters;
- organisation of correspondence into threads, mailboxes, archives and other views;
- contact and invitation management;
- creation of or participation in Duo or Family Spaces;
- selection of stationery, envelopes, seals, themes and other digital visual elements;
- security, access recovery and key-management functions, where available;
- free and paid Plans;
- technical support and complaint handling;
- other functions described in the Service.
- The exact Plan scope, limits, price, taxes, billing frequency and renewal terms are shown before purchase and form part of the agreement.
- The Provider may offer features marked beta, preview or experimental. They may be incomplete, changed or withdrawn, provided this does not breach rights arising from a paid agreement.
- The Service is not an emergency, medical, therapeutic or legal service and must not be used for communications on which life, health, safety or a critical deadline depends.
4. Technical requirements and User security
- Use of the Service requires:
- an internet-connected device;
- a current supported browser capable of JavaScript, secure HTTPS connections, local data storage and the cryptographic functions required by the Application;
- an active email address;
- the ability to receive transactional and authentication messages;
- technologies necessary for session maintenance, security and sign-in to remain enabled.
- Users should keep software updated, lock their devices, use a strong unique password, and protect their email account and recovery data.
- The User is responsible for keeping passwords, one-time codes, keys, recovery phrases and other access data confidential.
- Accounts must not be shared with third parties except through sharing functions expressly provided by the Service.
- If Account compromise is suspected, the User should promptly change access credentials, terminate active sessions where available and contact the Provider.
5. Formation and duration of the agreement
- An agreement for free Services is formed when an Account is successfully created or activated, or when a function not requiring an Account is first used.
- A paid Subscription agreement is formed after:
- selection of a Plan and Billing Period;
- provision of required data;
- acceptance of these Terms;
- confirmation through a button clearly indicating an obligation to pay;
- successful payment authorisation by the payment provider.
- Before purchase, the User receives clear information about the total price, payment frequency, contract duration, automatic renewal, cancellation and main Service characteristics.
- Confirmation of the agreement, these Terms and required information are supplied on a Durable Medium.
- A free Account agreement is indefinite. A Subscription lasts for the selected Billing Period and renews under section 10 unless cancelled.
- A User may stop using free Services and delete the Account at any time, subject to retention, settlement, safety and legally required data preservation.
- The Family Owner and payer must be at least 18.
6. Registration, Account data and communications
- Users must provide truthful, current data that do not infringe third-party rights.
- One person should not create multiple Accounts to circumvent limits, promotions, blocks or security controls.
- The Account email is used for sign-in, recovery, change confirmations, security, contract, payment and Service communications.
- Messages necessary for performance, security, billing and Account support are not marketing.
- Marketing is sent only under a separate voluntary consent. TOL does not condition access to the Service on marketing consent.
- Users should keep email and Account data current. To the extent permitted by law, the Provider is not liable for consequences of loss of access to an outdated or incorrect mailbox.
- Registration requires the User to confirm that they are 18 or over. The current registration form does not request a date of birth and TOL does not store it. If a different proportionate age-assurance method becomes necessary, the User will be told the scope, purpose, legal basis and retention period before any additional data are collected.
- Providing false age information breaches these Terms. An Account held by a person who is in fact under 18 will be closed.
- If the Provider obtains credible information that an Account belongs to a person under 18, it promptly restricts the Account, then closes it and erases the associated data, except data required by law. A proportionate refund is given for the unused part of any paid period.
- Anyone may report a suspicion that an Account belongs to a minor to support@theoldletters.com. No Account is required to make such a report.
- The Provider does not apply profiling or behavioural advertising to any User.
7. Encryption, keys and confidentiality
- TOL is designed around correspondence privacy. Letter content and attachments are end-to-end encrypted on the User’s device before being sent to the Service infrastructure, within the scope described in the interface and security documentation.
- Content encryption does not mean that all Service data is encrypted in the same manner. Account data, billing information, sender and recipient identifiers, timestamps, delivery status, technical data and other metadata may be processed in a form accessible to TOL systems where necessary to operate the Service.
- The exact encryption scope, key exchange, recovery model and categories of metadata are described in the security documentation available through the Service.
- If the cryptographic model means the Provider does not retain a key capable of decrypting a Letter, loss of a key, recovery code or recovery phrase may cause permanent loss of access. The Provider may be technically unable to restore it.
- Users should keep recovery materials outside the Service in a secure place and must not disclose them to third parties.
- No information system guarantees absolute security. The Provider applies appropriate technical and organisational safeguards, but Users should retain copies of material whose loss would be particularly harmful.
- The Provider respects communications secrecy and does not use Letter content for behavioural advertising, profiling or training artificial intelligence models.
- The Provider processes communications-related data only where necessary to deliver, secure, maintain and bill for the Service, comply with law, or rely on another valid legal basis.
- Where a User voluntarily supplies decrypted content, a screenshot or a Letter copy in a support or abuse report, it is processed to handle that report under the Privacy Policy.
8. User Content and technical licence
- Users retain their rights in User Content.
- The User grants the Provider a non-exclusive, royalty-free, time-limited and geographically limited licence only to the extent technically necessary to store, encrypt, transmit, display to the User and intended recipients, back up and otherwise provide the Service.
- This licence does not permit publication of private correspondence, advertising use or AI model training.
- The User represents that they have the rights or other lawful basis required to use the submitted content and that it does not violate law or third-party rights.
- The User is responsible for selecting recipients and for the accuracy of addresses, identifiers and invitations.
9. Acceptable use
- The Service must not be used to:
- commit, facilitate or promote a criminal offence;
- make unlawful threats, harass, blackmail, groom, defraud, deceive or impersonate another person;
- distribute malware, hacking code, phishing material or tools for taking control of data;
- send mass, automated or unsolicited communications;
- infringe copyright, personality rights, privacy, data protection or communications secrecy;
- distribute child sexual abuse material, sexually solicit Minors, engage in sextortion, or distribute other content absolutely prohibited by law;
- circumvent security, limits, payments or protective controls;
- scan, test vulnerabilities or disrupt infrastructure without written permission;
- resell Accounts, keys, access or Service resources without permission;
- otherwise act unlawfully, abusively or in violation of others' rights.
- Invitations must not be sent to people who have clearly objected to contact and must not be used for marketing or spam.
- Rules for reporting illegal content, the required contents of a notice, response times, statements of reasons, the appeal route and contact points are set out in the "Notice and Action, and Contact Points" document at https://theoldletters.com/legal/dsa. The contact point for authorities is dsa@theoldletters.com; for Users it is support@theoldletters.com and the form at https://theoldletters.com/report-illegal-content, available without logging in.
- A User may block another person and report abuse from a Letter, thread, profile, invitation or Family Space where available. TOL also provides a public form for reporting illegal content or conduct without sign-in where required or appropriate.
- Report categories may include threats, stalking, cyberbullying, grooming, child sexual exploitation, sextortion, non-consensual intimate content, fraud, impersonation, spam, privacy violations and other breaches of law or these Terms.
- A report may be submitted confidentially. The Provider does not disclose the contents of a report to the reported person or to other members of a Duo or Family Space, because disclosure may increase risk to the reporter.
- Because of encryption, the Provider may be technically unable to independently read reported correspondence. The reporting person selects the specific content to disclose; the Application should preview the scope and decrypt selected material locally. An entire thread must not be uploaded automatically.
- Reports concerning child sexual abuse material are handled through a separate access-restricted safety process. A User should not download, copy or redistribute such material for reporting purposes.
- The Provider may preserve available evidence, restrict contact, block sending, suspend or terminate an Account, report a matter to a competent authority, or take another proportionate action required to protect persons and comply with law. Where possible, the affected person receives reasons and an appeal route unless law or safety prevents this.
- Reports must be made in good faith. Knowingly false reports intended to harass another person may breach these Terms.
- TOL is not an emergency service. In an immediate threat to life or health, contact the appropriate emergency services.
10. Plans, prices and payments
- Plan prices, currency, taxes, Billing Period, limits and features are shown before purchase.
- Payments are processed by an external payment provider, particularly Stripe. The Provider does not store full payment-card details.
- The User authorises the payment provider to charge subsequent Billing Periods until the Subscription is cancelled.
- The Subscription automatically renews for another period matching the selected Billing Period unless the User cancels before renewal.
- The Subscription may be cancelled in Account settings or through support. Cancellation stops future renewals but generally does not shorten an already paid Billing Period.
- Uninstalling an application, stopping use or deleting the Account may not itself cancel a Subscription where the interface clearly identifies cancellation as a separate action. TOL must nevertheless offer a clear, simple cancellation path before Account deletion.
- If payment fails, the Provider may retry, request updated payment details, apply a grace period, limit paid features or end the Subscription. No charge other than an agreed charge will be imposed.
- Invoices and payment confirmations are supplied electronically.
- Where the User is entitled to a refund under law, these Terms or an express promotion, it will be made using the original payment method unless another cost-free method is agreed.
- Non-use during a paid period does not by itself create a refund right, subject to mandatory consumer rights.
- Promotions, trials and discount codes may be subject to additional terms shown before use.
11. Price and Subscription changes
- The Provider may change prices for future Billing Periods because of:
- changes to taxes, public charges or payment-provider costs;
- material changes in infrastructure or security costs;
- expansion of paid features;
- legal compliance requirements;
- a business-model adjustment reasonably needed to maintain the Service.
- The User will receive notice on a Durable Medium at least 30 days before the change applies.
- The new price applies from the first renewal after the notice period. The User may cancel before that renewal.
- A price change does not affect a Billing Period already paid for.
12. Consumer withdrawal right
- A Consumer, and a consumer-like entrepreneur where applicable, who concludes a distance agreement generally has 14 days to withdraw without giving a reason.
- The period runs from the date the service agreement is concluded.
- To withdraw, send an unequivocal statement to support@theoldletters.com. The model form in Appendix 1 may be used but is not mandatory.
- Sending the statement before the deadline is sufficient.
- If the paid Service began before expiry of the withdrawal period at the Consumer’s express request and the Consumer then withdraws, the Consumer may have to pay an amount proportionate to the Service supplied up to withdrawal, provided the required request and information were properly obtained.
- For separate digital content not supplied on a tangible medium, the withdrawal right may be lost only after performance begins with the Consumer’s prior express consent, acknowledgement of the loss of the right, and confirmation on a Durable Medium.
- Any amount due will be refunded within 14 days after receipt of an effective withdrawal statement, taking account of any lawful proportionate charge.
- Refunds use the original payment method unless another method is expressly agreed and causes no cost to the User.
- The withdrawal right does not limit rights arising from lack of conformity of a digital service.
13. Conformity of the digital service
- The Provider supplies a digital service conforming to the agreement, including the description, quantity, quality, functionality, compatibility, interoperability, availability, continuity and security reasonably expected given the nature of the Service and public statements.
- The Provider supplies updates, including security updates, necessary to maintain conformity throughout the supply period.
- A Consumer should install or allow installation of provided updates within a reasonable time. The Provider is not responsible for a lack of conformity caused solely by failure to install an update where the Consumer was properly informed of the update and consequences, and the failure did not result from deficient instructions.
- Where the Service does not conform, the Consumer may require it to be brought into conformity.
- The Provider will do so within a reasonable time, without significant inconvenience and without cost, unless impossible or disproportionate.
- The Consumer may obtain a price reduction or terminate in circumstances provided by law, including where:
- conformity is impossible or was not properly restored;
- the lack of conformity continues;
- the lack of conformity is serious enough for an immediate remedy;
- circumstances show that conformity will not be restored within a reasonable time.
- The Consumer may not terminate for an insignificant lack of conformity where applicable law so provides. The Provider bears the burden of showing insignificance.
- This section does not limit other statutory remedies.
14. Complaints and support
- Complaints about operation, payment, conformity or performance may be sent to support@theoldletters.com.
- A report should, where possible, include:
- the Account email address;
- a description and date of the problem;
- the requested outcome;
- a payment or Subscription identifier where relevant;
- technical material the User voluntarily chooses to provide.
- Do not send a password, complete card details or recovery key.
- The complaint will be handled without undue delay and no later than 14 days after receipt. If information is missing, the Provider will identify what is needed.
- The response will be sent to the Account email or the email given in the report.
- A complaint does not prevent a Consumer from going to court or using an available alternative dispute-resolution process.
15. Maintenance, interruptions and functional changes
- The Provider aims to maintain continuity but does not guarantee uninterrupted availability.
- Interruptions may result from maintenance, deployment, failure, infrastructure suppliers, cyberattack, force majeure or legal obligations.
- Planned work causing material restrictions will, where practicable, be announced in advance.
- The Provider may change free features, design and organisation for justified technical, security, legal or development reasons.
- A material modification of a continuously supplied paid digital service beyond what is necessary to maintain conformity will be made only for a valid contractual reason, without additional cost, and after clear notice on a Durable Medium. Where it materially and negatively affects access or use, the Consumer may terminate as provided by law.
- The Provider may discontinue the Service after reasonable advance notice and appropriate settlement of an unused paid period, unless immediate action is required by law or security.
16. Duo and Family Spaces
- Creating a Duo or Family Space requires the appropriate Plan and invitations to other persons.
- The Family Owner must be an adult and is the paid contracting party and billing administrator. They may manage seats, billing and membership as described in the interface.
- The Family Owner may add another adult Account. Adding a person under 18 is not possible.
- Each member keeps an individual Account, credentials and keys unless the Service architecture expressly describes another arrangement.
- Leaving a Family Space does not give its owner access to the former member's private content. The Family Owner keeps only billing information relating to their own agreement.
- A billing administrator does not become the owner of other members' private content.
- In member disputes, the Provider can perform only technically available, proportionate actions consistent with privacy and security.
- The Provider does not decide content-ownership, relationship or device-possession disputes.
17. Digital stationery, seals and collectable elements
- Stationery, envelopes, seals, themes and other digital elements are personalisation functions provided through a Plan, promotion, administrator grant or separate purchase.
- Obtaining an element grants a personal, non-exclusive, non-transferable licence to use it inside the Service. It does not transfer intellectual-property ownership.
- Digital elements are not currency, financial instruments, cryptoassets or items redeemable for money unless separate terms expressly say otherwise.
- The Provider may correct, replace or remove elements that breach law, third-party rights or security. For a paid element, the Provider will provide a lawful remedy such as a replacement or appropriate refund.
- Users may not copy, extract, resell or use elements outside the Service without separate permission.
18. TOL intellectual property
- Rights in the Service, code, marks, name, logos, interface, illustrations, stationery, seals, databases and documentation belong to the Provider or its licensors.
- The Provider grants a limited, revocable, non-exclusive and non-transferable licence to use the Service under these Terms for the duration of the agreement.
- Copying, modifying, decompiling, circumventing safeguards, mass data extraction to create a competing service, or other use beyond permission is prohibited unless mandatory law permits it.
- Voluntary feedback may be used to improve the Service without revealing private correspondence and without payment, unless otherwise agreed.
19. Suspension, termination and Account deletion
- The User may terminate the Account agreement using the Account deletion function or by contacting support.
- Before deletion, the User should download data they want to keep and check the Subscription status.
- The Provider may immediately suspend an Account where necessary because of:
- a serious breach of law or these Terms;
- a credible threat to persons or infrastructure;
- fraud, Account compromise or payment abuse;
- a legal duty or binding authority request.
- For other material breaches, the Provider may request that the breach stop and give a suitable cure period unless the breach is incurable or immediate action is required.
- The User will be informed about suspension or termination and, where possible, the reason and appeal route.
- Data deletion follows the Privacy Policy, record-keeping duties, backup cycles and the need to establish, pursue or defend claims.
- Intellectual-property, liability, accrued-payment, data-protection and dispute provisions survive to the extent inherent in their nature.
20. Liability
- The Provider is liable to Consumers under mandatory law. Nothing in these Terms excludes or limits rights that cannot lawfully be excluded.
- To the extent permitted by law, the Provider is not responsible for consequences caused by:
- selection of an incorrect recipient or disclosure of a key by the User;
- loss of recovery material where the architecture prevents Provider recovery;
- malware or compromise of the User’s device, unless caused by Provider negligence;
- use contrary to documentation, law or these Terms;
- content and conduct of other Users, subject to the Provider’s legal obligations;
- events beyond reasonable control where appropriate mitigation was undertaken.
- TOL does not guarantee that a recipient will read or answer a Letter or keep it confidential after decryption on their device.
- For business Users not receiving consumer protection, liability for loss of profit and indirect or consequential loss is excluded to the extent permitted by law, and aggregate contractual liability is capped at fees paid during the 12 months preceding the event. This does not apply to intentional harm or where limitation is prohibited.
- A User is responsible for loss caused by their culpable breach of law, third-party rights or these Terms.
21. Data protection and device technologies
- Personal-data processing is described in the Privacy Policy at https://theoldletters.com/privacy.
- Cookies, local storage and similar technologies are described at https://theoldletters.com/en/cookie-policy.
- Acceptance of these Terms is not consent to data processing where consent is not the legal basis. Marketing and optional-technology consents are collected separately.
22. Changes to these Terms
- The Provider may amend these Terms for valid reasons, including:
- a change in law, authority decision or binding interpretation;
- a change in Provider details;
- introduction, removal or material modification of functions;
- a technology, payment-provider or security-model change;
- abuse prevention or clarification;
- payment changes under section 11.
- A change affecting an ongoing agreement will be notified on a Durable Medium at least 30 days in advance unless law or urgent security requires a shorter period.
- The notice will state the change, effective date, reason and any termination right where the change materially affects the User.
- Purely editorial, beneficial or non-material changes may take effect sooner after publication.
- A one-off order is governed by the version accepted at purchase unless a later change is legally required or more favourable.
23. Governing law and disputes
- Polish law applies, but this choice does not deprive a Consumer of mandatory protection under the law of the country of habitual residence.
- Courts have jurisdiction under applicable procedural law. These Terms do not impose an unlawful venue on a Consumer.
- A Consumer in Poland may obtain free assistance from a municipal or district consumer ombudsman, a consumer organisation or the relevant Provincial Inspectorate of Trade Inspection.
- Consumers may use available out-of-court complaint and redress procedures where their conditions are met.
- The former EU Online Dispute Resolution platform has been discontinued and these Terms do not direct Users to an inactive platform.
24. Final provisions
- These Terms take effect on the date stated above.
- If a provision is invalid or unenforceable, the remaining provisions continue and the affected term will be replaced to the extent possible by a lawful provision closest to its purpose.
- Headings are for convenience only.
- If the Polish and English versions differ, the Polish version prevails in a relationship with a Consumer resident in Poland unless mandatory law provides otherwise.
Complete and return this form only if you wish to withdraw from the agreement.
To: Joanna Szamota Blackgrain Workshop ul. Zachodnia 24 05-822 Milanówek, Poland Email: support@theoldletters.com
I/We hereby give notice that I/We withdraw from my/our contract for the following Service:
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Date of conclusion:
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Consumer name(s):
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Account email address:
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Consumer address, where required to identify the agreement:
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Date:
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Signature, only if this form is submitted on paper:
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To: support@theoldletters.com
Name:
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Account email:
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Plan or Subscription identifier, where relevant:
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Date of problem:
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Description:
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Requested resolution:
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Any technical attachments are supplied voluntarily. I confirm that they do not contain my password, complete card details or recovery key.
Date:
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