These Terms govern the use of nixie.yt — a community nixie tube catalog with a knowledge base, private inventory, wishlist, classifieds board, chat between Users, administration panel and API.
The Operator of the Service is: InfoData S.A., ul. Trojańska 7/217, 02-261 Warsaw, Poland; KRS 0000589525; NIP (Polish tax ID) 5993179193; District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital PLN 100,000 paid up in full.
Operator's e-mail address for formal and general matters: [email protected]. Operational contact channel and address for content notices: [email protected].
English translation provided for convenience. In case of doubt, the Polish-language version is binding.
§1. Definitions
- Operator — InfoData S.A. with its registered office in Warsaw, details as above.
- Service — the nixie.yt website and related API.
- User — a person using the Service, including a person holding an Account.
- Consumer — a natural person performing a legal act with a trader that is not directly related to that person's business or professional activity, within the meaning of applicable law.
- Trader (Business) — a User who publishes Listings or uses the Service in connection with a business, professional, commercial, gainful, organised or continuous activity, regardless of the status declared in the Service.
- Account — individual access of a User to features that require login.
- Catalog — the database of nixie tubes, manufacturers, symbols, photos and technical data available in the Service, developed with the participation of the community.
- Knowledge — the part of the Service containing articles, guides, historical notes and community materials concerning nixie tubes and related topics.
- Article — Content submitted in the Knowledge section, including in particular a title, excerpt, body, tags, tube references and author information.
- Classifieds Board — the function of the Service operating as a neutral classifieds board enabling publication of Listings. The Classifieds Board is not an online marketplace platform within the meaning of Article 2(17) of Directive 2011/83/EU (as amended) or its Polish implementation.
- Listing — a User's listing for the sale or exchange of tubes, published on the Classifieds Board. A Listing constitutes an invitation to submit offers within the meaning of Article 71 of the Polish Civil Code, and not an offer within the meaning of Article 66 of the Polish Civil Code, unless its content unambiguously indicates otherwise.
- Advertiser — a User publishing a Listing.
- Content — catalog data, an Article, a Listing, a message, a photo, a note, a notice or any other material added by a User.
- Notice — a notification submitted to the Operator regarding Content that, in the notifier's view, is unlawful or violates these Terms.
- Illegal Content — Content that, in itself or by reference to the activity it pursues, infringes generally applicable law.
§2. Nature of the Service
- The Service is intended for the community of nixie tube collectors, makers and restorers. It serves as a community catalog and a classifieds board, and is not an online shop or an online marketplace platform of the type typical for platforms such as Allegro or eBay.
- The Service enables browsing the Catalog and Knowledge, adding and moderating catalog data and Articles, keeping a private inventory, maintaining a wishlist, publishing Listings, communication between Users and use of the API.
- The Service is provided free of charge. The Operator does not collect transaction commissions, registration fees or fees for publishing Listings.
- The Operator is not a party to transactions between Users and is not an intermediary, agent, commission agent, auction organiser, guarantor, payment party, payment recipient or delivery party. The Service provides only informational and communication tools.
- Features such as price, price change history, Listing search and filters, advertiser status label, chat, following Listings and shipping information are informational or communication tools. They do not mean that the Operator recommends the Listing, acts as an intermediary in concluding a contract, sets transaction terms, secures payment, organises delivery or guarantees performance.
- The fact that the Service technically allows publication of Content does not constitute approval, recommendation or verification of that Content by the Operator.
- In particular, the Operator does not:
- set or suggest the price of a Listing;
- negotiate, conclude or intermediate in concluding contracts between Users;
- accept, transmit or secure payments — the Service does not provide a shopping cart, "buy now" button, order system, escrow or wallet;
- issue invoices, receipts or accounting or tax documents on behalf of the Advertiser;
- organise, offer or operate shipping, delivery, collection, courier labels or shipment tracking;
- issue warranties, statutory liability for defects, insurance or other performance guarantees, nor operate a buyer-protection programme;
- rank, place, recommend or certify Advertisers based on quality, rating, authenticity, transaction history or any criteria other than neutral technical parameters (e.g. publication date, match with filters chosen by the User);
- settle disputes between Users or act as a mediator;
- operate a ratings, reviews or "verified seller" system.
- The "price history" feature serves exclusively technical, documentary and anti-abuse purposes. The Operator does not provide an automated reference-price calculation within the meaning of legislation implementing the Omnibus Directive and is not responsible for the value displayed by this feature. The obligation to correctly inform Consumers of the lowest price from the 30 days before a price reduction lies with the Advertiser and also covers prices applied through other sales channels not visible to the Operator. For this reason that value is not presented to interested users in the public view.
§3. Account and access
- To use some features, the User must create an Account, accept these Terms and acknowledge the Privacy Policy. An Account may be created and used with email and password, Apple or Google.
- During registration, the User declares their status: private individual or Trader. The status can be changed in profile settings.
- When registering with Apple or Google, the login provider only confirms identity and provides data needed to create or link the Account. The Account, Service features and electronic services are provided by the Operator, not by Apple or Google.
- The User should provide an active e-mail address or an Apple relay address, as it is used for Account verification, password reset and notifications related to the operation of the Service.
- An Account may require e-mail verification and administrator approval before full access to the Service's features is granted.
- The User is responsible for keeping the password confidential, for access to the Apple or Google account used for login, and for actions performed using their Account.
- The User must maintain the correct Account status (private individual / Trader). The Operator may change the status flag, restrict the ability to publish Listings or require additional information if the manner of use indicates professional activity.
- The Operator may refuse Account approval or restrict access if the Account appears automated, spammy, misleading or in breach of these Terms.
§4. Electronic services and complaints
- The Operator provides electronic services in the Service, in particular: maintaining Accounts, providing the Catalog and Knowledge, enabling Content submission, maintaining inventory and wishlist, publishing Listings, chat between Users, and API access.
- Use of the Service requires a device with internet access, an up-to-date web browser, enabled cookies and JavaScript, and an active e-mail address or an Apple relay address.
- The agreement on Account maintenance is concluded upon registration and acceptance of these Terms, and is terminated upon Account deletion by the User or the Operator.
- A User who is a Consumer has the right to withdraw from the agreement on the provision of electronic services (Account maintenance) within 14 days of its conclusion, without giving a reason. A withdrawal notice may be sent to [email protected]. Self-deletion of the Account in profile settings is also treated as withdrawal. This right does not release the Consumer from the obligation to pay for services already performed (the Service is free of charge, so no such obligation arises).
- Complaints about the operation of the Service may be submitted to [email protected]. A complaint should include a description of the problem, the Account identifier or e-mail address, and information enabling reproduction of the event (date, URL, steps).
- The Operator examines complaints without undue delay, no later than within 14 days of receipt of a complete submission, unless the matter requires additional technical analysis, in which case the Operator informs the complainant.
- A complaint response contains the Operator's position and, where the complaint is well-founded and technically feasible, information on how the issue will be resolved or an alternative proposed solution.
- Notices concerning Illegal Content, breaches of these Terms or moderation decisions are handled in accordance with the procedure in §11.
§5. Catalog, Knowledge and community content
- The User may submit or report tube technical data, photos and other Content related to the Catalog.
- An approved User may create Articles in the Knowledge section, including guides, historical notes, hobbyist materials and references to tubes from the Catalog.
- Catalog Content and Articles may require approval by a moderator or administrator before publication. A pending Article is visible to its author and to persons authorised to moderate it.
- Once approved, an Article may be visible to approved Users of the Service together with the author's name, submission date, title, excerpt, body, tags and tube references.
- Articles may be written in Markdown. The Operator may remove or ignore technical elements that are unsupported or could compromise Service security, in particular HTML code or unsafe links.
- By submitting Content, the User declares that they hold the rights to use it in the Service or that the Content may otherwise be lawfully used in this scope, and that the Content does not violate the law, third-party rights or these Terms. This applies in particular to photos, documentation scans, excerpts from manufacturer catalogues, materials from auctions, forums, shops and other websites.
- Where Content originates from a third-party source or is based on third-party material, the User should state the source and verify that the scope of use is permitted by law, licence or the rights-holder's consent.
- The User grants the Operator a non-exclusive, royalty-free, territorially unlimited licence to store, copy, fix, publish, display, create thumbnails and other technical formats, technical cropping, format, index, create preview snippets, translate or adapt technically for the interface, make available via the API and otherwise technically process the Content to the extent necessary to operate, secure, develop and archive the Service.
- The licence covers use by the Operator's technical subcontractors, in particular hosting, storage, backup, CDN, e-mail, security and search services, exclusively to the extent necessary for the Service to operate.
- The licence to public Catalog Content and approved Articles may continue after Account deletion if necessary for Catalog or Knowledge consistency, change history, archiving, abuse prevention or pursuit of claims.
- The licence granted does not authorise the Operator to sell Content as a standalone data package or to grant third parties permission to train artificial-intelligence models on Service Content, unless the User has given separate consent or this follows from separate terms accepted by the User.
- The Operator may correct format, remove duplicates, generate thumbnails, reject, hide, unpublish or remove Content where required by Catalog or Knowledge quality, security, a Notice of infringement or these Terms.
§6. Classifieds Board and transactions
- Listings are User Content. A User publishing a Listing is responsible for its truthfulness, accuracy, condition description, price, availability, photos and lawfulness.
- By publishing a Listing, the Advertiser declares whether they act as a private individual or as a Trader. This status is publicly displayed next to the Advertiser's alias.
- If the Advertiser acts as a Trader, the Advertiser is responsible for providing all data and information required by law, including in particular: company or trading name, registered address or contact address, country, VAT/tax ID or other registration number, contact details, sale terms, information on the right of withdrawal or its absence, complaints, statutory liability, warranties, product safety, taxes, shipping restrictions and any other obligations under applicable law (in particular consumer-protection law, GDPR and the General Product Safety Regulation — GPSR).
- Where the Service provides dedicated fields for Trader details or consumer information, the Trader must complete them accurately. Where such fields are not available or are insufficient, the Trader should include the required information in the body of the Listing or provide a clear link to their own sale terms.
- Listings are identified by a public Advertiser alias. The User's e-mail address is not published in the Listing automatically. Full Trader details are not completed or verified by the Operator, unless the Service introduces a dedicated feature for their collection or verification.
- Trader identification data (company or trading name, address, registration number / VAT / tax ID, contact details) is collected and stored to support transparency of Listings, abuse prevention, handling of Notices, protection of Users, and to fulfil any legal obligations of the Operator that may apply. The Operator makes reasonable efforts to ensure that this data is correct, but does not continuously verify its truthfulness. The Operator is not liable for the consequences of the Trader providing false or incomplete data.
- The Operator may require completion of identification data before allowing a Listing to be published and may suspend publication of Listings by a Trader who, despite a request, fails to provide such data or provides data that is not credible.
- Contact regarding a Listing takes place via the Service's chat. Users themselves agree on payment, delivery, collection, shipping liability and other terms of the transaction.
- The Operator does not verify the quality, originality, functionality, authenticity or safety of tubes or other items offered by Users.
- A User publishing a Listing is responsible for ensuring that the offered item may be lawfully offered, sold, shipped and used in the country of the sender and the recipient.
- For items requiring warnings, instructions, information about technical condition, high voltage, hazardous components, damage, modifications, partial inoperability, untested status, shipping restrictions or use restrictions, the User must include such information in the Listing.
- It is prohibited to publish Listings for items that are dangerous, counterfeit, falsely marked, unlawfully obtained, non-compliant with safety requirements, containing undisclosed hazardous, radioactive or trade-prohibited materials, or described in a manner that may mislead.
- The Operator may request from the User additional information regarding safety, origin, marking, technical condition or lawfulness of the offered item. Failure to provide such information may result in hiding or removing the Listing.
- If the Operator receives credible information that the offered item may be dangerous, illegal or subject to a sales prohibition, the Operator may promptly remove the Listing, post a warning, restrict the Account and provide required information to competent authorities where required by law.
- The Operator may hide or remove a Listing where it has reasonable grounds to suspect that the product is dangerous, illegal, counterfeit or unfairly described, and may cooperate with competent authorities upon their justified request.
- The Service may store and display the change history of a Listing, including price history, in order to document changes, prevent abuse, handle Notices and disputes, and to present a technical Listing history. The price history information is based on data recorded within the Service and does not cover prices or sales outside the Service.
- Where a Listing contains a price-reduction, promotion, sale or reference-price notice, responsibility for fulfilling information duties towards Consumers (in particular duties under provisions implementing the Omnibus Directive, including the requirement to state the lowest price from the 30 days before the reduction) lies with the User publishing the Listing. A Trader should not rely solely on the automatic price history in the Service where applicable law requires taking into account prices applied through other sales channels as well.
§6a. Legal nature of a Listing and contract formation
- Publication of a Listing on the Classifieds Board constitutes an invitation to submit offers within the meaning of Article 71 of the Polish Civil Code, and not an offer within the meaning of Article 66 of the Polish Civil Code, unless the content of the Listing unambiguously indicates otherwise.
- A contract between Users is not concluded by the mere fact of using the Service, by clicking a "Contact" button or by exchanging messages in chat. Users themselves determine the substance, place, time, form and conditions of contract formation if they wish to enter into a contract.
- The Service does not provide a contract-formation mechanism: there is no shopping cart, no "buy now" button, no electronic acceptance of an offer, no automated order, no purchase confirmation and no order numbers. The Operator does not make sale offers on behalf of the Advertiser, does not accept declarations of intent regarding transactions and does not confirm the conclusion of a contract between Users.
- Listing form fields (in particular: price, technical condition, high-voltage warning, modifications, known defects, datasheet, special risks, shipping countries, advertiser terms) are completed solely by the Advertiser. The Operator does not verify, edit or approve their content. The content of these fields does not constitute a statement of the Operator.
- Listing statuses ("Active", "Paused by advertiser", "Completed", "Withdrawn") are technical visibility flags set by the Advertiser. They do not constitute confirmation that a transaction was concluded, performed or took place in any form.
§7. Disputes between Users
- Disputes regarding payment, shipping, collection, technical condition, authenticity, conformity with the description, complaints, returns, warranties or statutory liability for defects are settled exclusively by the parties to the transaction.
- The Operator does not settle transactional disputes, does not act as a mediator and is under no obligation to do so.
- However, at its discretion and in compliance with data-protection rules, the Operator may make available basic technical data, secure logs, hide a Listing, restrict an Account or cooperate with authorised bodies where justified by security, a Notice of infringement or applicable law.
§8. Inventory, wishlist and chat
- The private inventory, collection locations and wishlist are User-side organisational tools and are not published as part of the public Catalog.
- Administrative access to the private inventory, collection locations and wishlist may only take place to the extent necessary for technical maintenance, security, a Notice, abuse, a claim or a legal obligation.
- Chat is intended for communication related to Listings. It may not be used for spam, harassment, phishing, malicious content or to circumvent the Service's safeguards.
- Chat is not a confidential, end-to-end encrypted private messaging service. Messages may be stored and processed technically for the operation of the Service, security, handling of Notices, abuse prevention, pursuit of claims and compliance with legal obligations.
- The Operator does not monitor all messages on an ongoing basis, but administrators or moderators may access messages where necessary to handle a Notice, ensure security, prevent abuse, enforce these Terms, pursue claims or comply with a legal obligation. Where technically and organisationally possible, such access is limited to the necessary scope and logged.
§9. API
- The Operator may introduce and modify rate limits, access keys and tokens, blocks, scope restrictions, delays, caching and anti-spam / anti-scraping mechanisms.
- The API is provided without any guarantee of continuity, schema stability, backward compatibility or availability.
- It is prohibited to use the API, scraping, or Service Content to train, validate, enrich or create artificial-intelligence models, databases or competing catalogs — unless the Operator has granted consent in documentary or electronic form, or under separate API terms. The Operator, to the extent of its own rights and licences granted by Users, also reserves rights to Service Content for text and data mining purposes, to the extent permitted by applicable law. Independently of the above, it is prohibited to circumvent limits, identify private User data, profile Users, spam, or perform activities that breach the Service's security.
- The Operator may revoke API access without notice in cases of abuse, infrastructure risk, breach of these Terms or where needed to protect the Service.
§10. Prohibited actions
The following are prohibited in particular:
- publishing Illegal Content or Content infringing copyright, personal rights, privacy or industrial property rights;
- publishing personal data of other persons without a legal basis;
- impersonation, falsifying Listing information, manipulating price or availability;
- publishing spam, off-topic advertising, malware or phishing links;
- automated data harvesting (scraping), mass copying of Service content, training AI models on Service Content without the Operator's consent, overloading the Service, circumventing safeguards, rate limits or anti-spam mechanisms;
- vulnerability testing without the Operator's consent;
- using the Service in a manner contrary to law, these Terms or community standards.
§11. Moderation, notices and DSA procedure
- The Operator provides an intermediary hosting service within the meaning of the rules on electronic services and the Digital Services Act (DSA).
- For the purposes of the DSA, the Operator designates the following electronic single point of contact for Member State authorities, the European Commission and the European Board for Digital Services: [email protected]. The point of contact for Users and recipients of the service, including for Notices about Content, is: [email protected]. Communication may be conducted in Polish or English.
- The Operator does not carry out general, prior or continuous monitoring of all Content, Listings and User messages. Moderation may be reactive, sample-based, automated, manual or mixed.
- Content infringing the law or these Terms may be reported by any person or entity, regardless of holding an Account, via the reporting form or by e-mail to [email protected].
- A Notice should enable the Operator to identify the specific Content, in particular by stating a URL, a Listing identifier, a message identifier, an Account name or any other precise designation. The Notice should include reasoning why the Content is unlawful or violates these Terms, together with the notifier's contact details.
- A Notice may be accompanied by a link to external evidence or additional description of circumstances. Attachments are not required if the URL, description and reasoning enable the Operator to identify the Content and the nature of the alleged infringement.
- The Operator may leave without examination Notices that are manifestly unfounded, imprecise, automated, spammy or that do not allow the Content to be identified.
- The Operator takes moderation decisions in a proportionate, objective manner, taking into account the available information.
- For manifestly Illegal Content, the Operator may immediately hide, remove or block access to it. Where the unlawful nature of the Content is not manifest, the Operator may request additional information, temporarily restrict the Content's visibility or leave it unchanged pending credible information, a decision of a competent authority or a court ruling.
- The Operator maintains an internal register of material moderation decisions and Notices to the extent necessary to fulfil legal obligations, ensure consistency of moderation, handle appeals, prevent abuse and protect claims.
- The Operator informs the affected User of a material moderation decision insofar as it is technically possible and legally permissible. Where a decision restricts the visibility of Content, access to an Account, use of chat, publication of Listings or access to the API, notification should also be provided to the User whose Content or Account is subject to the restriction.
- The notification includes, where required and technically feasible: identification of the Content, the type of restriction applied, the scope and duration of the restriction, the basis of the decision (provision of law or these Terms), information on whether the decision was taken following a Notice or on the Operator's own initiative, a brief statement of reasons, and information on the possibility to appeal.
- The indicative response time to a Notice is 7 business days, but this does not constitute a guaranteed deadline. The Operator handles Notices without undue delay, taking into account the nature of the Notice, the strength of its reasoning, the risk of harm, the available information and the technical and organisational possibilities.
- The User may appeal a moderation decision within 14 days of being informed about it by sending a message to [email protected].
- The Operator may temporarily or permanently restrict the ability to submit Content, publish Listings, use chat, the API or an Account where the User repeatedly publishes unlawful, rule-breaking, spammy, misleading or dangerous Content.
- The Operator may also restrict the handling of Notices submitted by a person who repeatedly submits manifestly unfounded, automated, malicious Notices or Notices in respect of Content that cannot be identified.
- Where the Operator becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place — in particular criminal threats, incitement to suicide, child sexual abuse material (CSAM) or terrorist content — the Operator shall promptly inform the competent law enforcement or judicial authorities, providing the available information necessary to assess the situation, in accordance with DSA art. 18. Such notification to the authorities is made independently of the notice-and-action procedure described in this section and does not require prior notification of the User concerned.
§12. No technical advice and safety warning
- Technical information in the Service, including Catalog data and Articles in the Knowledge section, is of a catalog, historical, hobbyist and informational nature.
- Such information does not constitute safety instructions, manufacturer documentation, electrical advice, a guarantee of compatibility, or assurance that a given tube or circuit can be safely used in a particular application.
- The User is solely responsible for risk assessment, applying appropriate safeguards, compliance with regulations, technical requirements and safety rules for working with electrical equipment, including high voltage.
§13. Liability
- The Service is provided „as is” to the extent of currently available features.
- The Operator does not guarantee that catalog data are complete, current, error-free, consistent with manufacturer documentation or fit for any particular purpose.
- To the extent permitted by mandatory law, the Operator is not liable for: lost profits, loss of data caused by the User's acts, decisions made on the basis of catalog data, technical interruptions, force majeure, third-party providers' actions, infrastructure failures, unauthorised access resulting from the User's negligence, or the consequences of transactions between Users.
- The User uses technical information and Listings at their own risk, in particular when working with tubes, electrical voltage, shipping and transactions with other persons.
- Nothing in these Terms limits liability that cannot be limited under mandatory law, including liability for wilful misconduct, gross negligence, breach of mandatory Consumer rights or the Operator's obligations under GDPR, DSA or electronic services legislation.
§14. Suspension, deletion of an Account and consequences of deletion
- The User may stop using the Service and request Account deletion in profile settings, through the mobile app API or by contacting the Operator.
- The Operator may restrict, suspend or delete an Account if the User violates these Terms, the law, the security of the Service or the rights of others.
- Deleting an Account in principle results in the deletion or anonymisation of profile data, login data, private inventory, wishlist, unpublished drafts and other data that are no longer needed for the Service's operation, security, legal obligations, Notices or claims.
- Deleting the nixie.yt Account deletes the application account, but it does not automatically delete the User's Apple or Google account and does not replace permission management on the provider side. Revoking nixie.yt access in Apple or Google settings does not automatically delete the Account in the Service.
- Public Catalog Content, approved Articles, archival Listing data (including snapshots with price history) and data necessary to handle complaints, Notices, security or claims may remain in the Service. Where possible, the Operator detaches them from data identifying the User or replaces them with an anonymised designation where further identification is no longer necessary.
§15. Changes to the Terms
The Operator may amend these Terms when Service features, applicable law, infrastructure or security rules change. Users holding an Account will be notified of material changes within the Service or by e-mail with appropriate advance notice where the nature of the change so requires.
A User holding an Account who does not accept the amendments may stop using the Service and request Account deletion before the changes take effect. Continued use of the Account after the changes take effect constitutes acceptance of the new version of the Terms.
§16. Governing law and contact
Matters not regulated by these Terms are governed by Polish law, subject to mandatory consumer-protection provisions. For matters concerning these Terms, please contact the Operator at [email protected] (formal matters) or [email protected] (operational matters and Notices).
Write to [email protected]