Terms of sale
Rules for buying one-off licences and subscriptions for applications – for businesses and consumers in Poland, the EU and beyond.
Content: Terms of sale
Draft – requires legal review before publication. Items marked “to be completed” will be filled in once confirmed by the Seller.
This English version is provided for customers using the English version of the website. [to be completed: whether contracts are concluded in English and which language version prevails – any clause giving priority to the Polish version requires legal review with regard to consumers.]
These terms set out the rules for selling licences for the applications offered on the AutomaizeIT website – as a one-off licence or a prepaid subscription – to customers in Poland, other EU Member States and outside the EU, both businesses and consumers.
§ 1. Seller and contact
- The seller is [to be completed: full legal business name], [to be completed: registered address], tax ID (NIP) [to be completed: tax ID (NIP)], REGON [to be completed: REGON number], EU VAT number [to be completed: EU VAT number], registered in: [to be completed: business register (CEIDG or KRS)], trading as AutomaizeIT (the Seller).
- Contact: e-mail kontakt@automaizeit.com, phone +48 501 343 343, or the form on the Contact page. The postal address for correspondence is the address given in section 1.
- These terms are made available free of charge before the contract is concluded, in a way that allows them to be downloaded, stored and printed (the “Print / save as PDF” and “Download as Markdown” buttons). After placing an order, the Customer receives the version of these terms accepted with the order as an attachment to the confirmation e-mail.
§ 2. Definitions
- Application – software offered on the Website (currently: DataScout & Mailer AI, AI Orchestrator, ScreenPro Studio), which is digital content within the meaning of the Polish Consumer Rights Act of 30 May 2014. Under a Subscription, the Application is supplied continuously for the prepaid Subscription period.
- Customer – a natural person, legal person or organisational unit without legal personality placing an Order.
- Consumer – a Customer who is a natural person concluding a contract not directly related to their business or profession.
- Sole trader with consumer rights – a natural person running a sole proprietorship who concludes a contract directly related to that business, where the contract shows that it is not of a professional nature for them, in particular in view of the business activity entered in the Polish business register (CEIDG).
- Business – a Customer who is neither a Consumer nor a Sole trader with consumer rights.
- One-off licence – a Plan in which the Customer pays a single fee for a licence to the Application within the scope set out in § 9.
- Subscription – a Plan in which the Customer pays in advance for a licence to the Application for a month or a year (the Subscription period), with the option to renew as set out in § 10.
- Plan – a purchase option for an Application (One-off licence, Monthly subscription, Annual subscription) described on the Application page.
- Price List – the prices of the Plans published on the Application pages and on the Pricing page.
- Licence key – the string issued to the Customer after the Order is paid, which allows the Application to be run within the scope of the licence.
- Customer Account – the free account on the Website described in § 4.
- Order – the Customer's declaration of intent, submitted via the order form, aimed at concluding a contract.
- Website – the website run by the Seller under the AutomaizeIT brand.
- Durable medium – any instrument that enables information to be stored in a way accessible for future reference for a period adequate for its purposes and allows its unchanged reproduction (e.g. an e-mail with an attachment).
- Withdrawal function – the “Withdraw from contract” form on the Website that allows a withdrawal statement to be submitted online.
§ 3. Technical requirements
- To place an Order you need a device with internet access, an up-to-date web browser supporting HTML5 and CSS, essential cookies enabled for the order form, and an active e-mail address. JavaScript is not required.
- Technical requirements for using the Application: permanent internet access throughout the use of the Application – the Application connects to the Seller's licence server to activate the Licence key and to verify the licence periodically (§ 9(6)–(7)); without a connection the Application does not provide its functions. Other requirements (operating system, hardware, any third-party accounts or services): [to be completed for each Application].
- The functionality, compatibility and interoperability of the Application and the applicable technical protection measures are described in § 9 and on each Application page, in the “Technical requirements, functionality and protection measures” box shown before an Order is placed (Article 12(1)(19) and (20) of the Consumer Rights Act).
§ 4. Customer Account
- The Customer Account is a free service supplied by electronic means, concluded for an indefinite period. The rules for using the Website are set out in the Website terms.
- Opening an Account requires an e-mail address and a password. A confirmation link, valid for 24 hours, is sent to that address. Signing in is not possible until the address is confirmed.
- The confirmed e-mail address is also the address to which the Seller sends the contract confirmation on a Durable medium and the Licence key – which is why confirming the address also matters for the rules set out in § 12(5)–(7).
- An Order can be placed without opening an Account. Once an Account has been opened and confirmed, documents previously submitted from the same e-mail address (Orders, licences, Subscriptions) are linked to it.
- In the Account the Customer can see: their Orders and payment status, sales documents [to be completed: which documents are made available in the Account], licences issued and Licence keys, download links with their validity and the number of downloads left, Subscriptions with the end date of the prepaid period and the price of the next renewal, requests and complaints submitted together with their history, the statements made and the version of these terms accepted, the list of active sessions (signed-in browsers) and the Account settings.
- Sessions. Signing in creates a session stored in the Account session cookie. The Customer can end a session (“Sign out”), and changing the password invalidates all sessions. A session expires after 30 days at the latest; the number of simultaneously active sessions is limited. Details: Cookie policy and Privacy policy.
- Requests and complaints via the Account. In the Account the Customer can submit a request in one of the following categories: comment, bug, suggestion, complaint. Each request is given a number, and the Customer can see its status and history. A request in the “complaint” category is handled under § 13. A complaint can equally be made by e-mail or in writing – the channel chosen does not affect the Customer's rights.
- Deleting the Account. The Customer may delete the Account at any time, without giving a reason and at no cost. Deleting the Account removes the profile, contact details, sessions and sign-in history, and anonymises messages and unpaid Orders.
- Deleting the Account does not delete documents the Seller is required to keep – in particular invoices and other accounting records, data of paid Orders, and evidence of the statements made when the contract was concluded. Those documents are moved to an archive with restricted access and are not used for any other purpose; the legal basis is Article 17(3)(b) and (e) GDPR. Retention periods are set out in the Privacy policy.
- Deleting the Account does not terminate the licence agreement and does not invalidate the Licence key, but it removes access to the Account where the key is shown. Before deleting the Account, the Customer should save a copy of the Licence key and of the sales documents; the Seller states this on the account deletion screen.
- The Seller may block an Account only for important reasons: a gross breach of these terms, unlawful use of the Website, attempts to circumvent the Application's technical protection measures, or sharing the Licence key with third parties. Blocking is preceded by a request to stop the breach, with a period of no less than 7 days, unless the breach is gross. The Customer may appeal to kontakt@automaizeit.com; appeals are handled within 14 days. Blocking an Account does not deprive the Customer of the rights set out in § 13.
§ 5. Concluding the contract
- Information about Applications and Plans on the Website is an invitation to conclude a contract.
- An Order is placed in two steps:
- Details – the Customer selects a Plan, states the customer type (business or consumer), country, Polish tax ID (NIP) or EU VAT number (businesses), invoice details and e-mail address, and makes the required statements. The statements are separate, not pre-ticked, and cover: (a) acceptance of these terms; (b) where the Customer asks for the Application to be supplied before the withdrawal period ends – a request to begin supplying the digital content promptly after payment; (c) acknowledgement that the Customer will lose the right of withdrawal once the performance has been completed; (d) express and separate acceptance of the technical limitations and protection measures described in § 9; (e) for Subscriptions – acknowledgement of the renewal rules and of the price change rules (§ 6 and § 10).
- Summary – the Website shows the Application, Plan, period, net price, VAT rate and amount (or the reason why no VAT is charged), the final amount to pay, and the duration of the contract and how it ends. The Customer can go back to step 1 and correct the details.
- The Order is placed by clicking the “Order with obligation to pay” button. At that moment the contract between the Customer and the Seller is concluded.
- Promptly after the Order is placed, the Seller sends the Customer an e-mail confirming the contract on a Durable medium, including in particular: the Seller's details, a description of the Application and Plan, the price, the duration of the contract, information on the right of withdrawal or its loss together with the wording of the statements made and the time they were made, the version of these terms accepted with the Order (attachment), the withdrawal information and the model withdrawal form.
- The confirmation referred to in section 4 is sent before the Licence key and the download link are released (§ 12(7)).
- The Customer can check the status of the Order and payment in the Account and on the Order status page, the link to which is provided after the Order is placed.
§ 6. Prices, taxes and price changes
- Prices are in Polish zloty (PLN). Application pages show the net price and the gross price including Polish VAT at 23%.
- The final amount depends on the Customer's country and status and is shown in step 2 (Summary), before the Order is placed:
- Customers in Poland – net price plus 23% VAT;
- businesses in another EU Member State with a valid EU VAT number (verified in the European Commission's VIES system) – net price without VAT, under the reverse charge mechanism (the buyer accounts for VAT in its own country);
- Consumers in another EU Member State and EU businesses without a valid EU VAT number – net price plus VAT at the Polish rate or at the rate of the Consumer's country under the OSS scheme, depending on the Seller's VAT settings; the rate applied is always shown in the Summary;
- Customers outside the EU – net price without Polish VAT (the supply is outside the scope of Polish VAT); the Customer may have to account for taxes under the law of their own country.
- The Customer's country is determined by the country in the billing address. If VIES is unavailable when the Order is placed, the EU VAT number is treated as unverified and VAT is charged in accordance with section 2; the Order is flagged for review.
- For Consumers, the gross amount (total price including taxes) shown in the Summary is binding.
- When announcing a price reduction, the Seller states, next to the reduced price, the lowest price of the Application in the given Plan that applied in the 30 days before the reduction (Article 4(2) of the Polish Act of 9 May 2014 on informing about prices of goods and services). This also applies to advertising and to e-mail messages.
- The invoice is issued using the details given in the Order [to be completed: how and when the invoice is delivered].
- The Subscription price covers the entire prepaid Subscription period and does not change during that period. The Seller is not entitled to increase the price or to demand any additional payment for the prepaid period.
- The price of the next period may differ from the price of the current one. The Seller states the price of the next period before renewal – in the e-mail with the payment link, on the Subscription page and in the Account. Renewal at the new price takes place only with the Customer's express consent, which consists in paying for the renewal Order after being informed of the new price.
- Not agreeing to the new price has no consequences whatsoever. If the Customer does not pay for the next period, the Subscription ends when the prepaid period expires – with no contractual penalties, no additional charges and no automatic payments of any kind. The Seller does not store payment credentials enabling automatic collection of funds and does not collect any funds after the prepaid period ends.
- A price reduction is applied immediately for the Customer's benefit. If, on the renewal date, the price in the Price List is lower than the price paid so far, the renewal takes place at the lower price, with no action required from the Customer.
- Changes to the Price List take effect for the future only and do not apply to periods already paid for. The Seller archives the versions of the Price List together with their effective dates.
- A change of price does not constitute a modification of digital content or of a digital service within the meaning of Article 43p of the Consumer Rights Act (modifications of the Application are covered by § 14).
- Should the Seller in future introduce an automatically renewing Subscription (with automatic charging) or a subscription for an indefinite period, any price change will require: prior notice to the Customer on a Durable medium at least 30 days in advance, stating the reason and the amount of the change, and granting the Customer the right to terminate the contract with effect as of the day preceding the effective date of the change – without incurring any costs, fees or contractual penalties whatsoever – together with a refund of the proportionate part of the fee for the unused period. Until such a change to the sales model, the Seller applies no automatic charging.
§ 7. Payments
- Payments are handled by Przelewy24, operated by PayPro S.A. [to be completed: registered office, KRS number and licence details – according to the agreement with the operator]. The available payment methods are shown on the operator's payment page.
- After placing the Order, the Customer is redirected to the payment page. If the payment fails, the Order status page and the Account offer a “Pay again” option.
- The Customer should pay for the Order within [to be completed] days of placing it. If this period expires without payment, the Seller may ask the Customer by e-mail to pay within an additional period and, once that expires, withdraw from the contract.
§ 8. Supply of the Application
- The Seller supplies the Application promptly after the payment is credited, [to be completed: method of supply – e.g. download link, licence key or account access – and the maximum time].
- The Application is supplied when the Application, or the means of accessing it (the Licence key together with the download link), has been made available to the Customer.
- The Licence key and the download link are released only after the contract confirmation has been sent on a Durable medium (§ 5(4)–(5)). If sending the confirmation fails, the Seller does not release the key and retries the delivery; until then the Customer retains the right of withdrawal.
- If the Seller fails to supply the Application, the Consumer (and the Sole trader with consumer rights) asks the Seller to supply it. If the Seller does not supply it promptly or within an additional, expressly agreed period, the Consumer may withdraw from the contract. In cases provided for by the Consumer Rights Act, the Consumer may withdraw without such a request. The burden of proving that the Application was supplied rests with the Seller.
§ 9. Licence and technical protection measures
- When the Application is supplied, the Seller grants the Customer a non-exclusive, non-transferable licence to use the Application. The Customer does not acquire the copyright in the Application.
- Scope of the licence. The licence entitles the Customer to install and run the Application on one computer (the rules on binding it to that computer and moving it are set out in section 8), with no territorial restriction, for purposes consistent with the Application's intended use, without the right to distribute copies of the Application or to grant sublicences. A One-off licence is valid indefinitely.
- A Subscription licence is valid for the prepaid Subscription period and includes updates and support throughout that period. A Licence key issued under a One-off licence is valid indefinitely. A Licence key issued under a Subscription is valid for the prepaid Subscription period, and renewing it (§ 10) extends the validity of the same Licence key for another prepaid period – the Customer does not receive a new key.
- Without the Seller's consent, the Customer may not grant sublicences, resell or make the Application available to third parties, or interfere with its code beyond what mandatory law permits (in particular Article 75 of the Polish Copyright Act).
- The Application is protected by the technical measures described in sections 6–11 and on each Application page. This information is provided before the contract is concluded as part of the Application's functionality, compatibility and interoperability (Article 12(1)(19) and (20) of the Consumer Rights Act), and the Customer accepts it expressly and separately in step 1 of the Order.
- Permanent internet access and online licence verification. The Application requires an internet connection throughout its use – to activate the Licence key and to verify the licence periodically on the Seller's server, as a rule once every 60 seconds. During verification the Application sends the licence identifier, a hash of the operating system identifier, hashes of the network cards' physical (MAC) addresses, the Application version and the operating system version; the Seller does not store this hardware data in plain form, only cryptographic hashes of it. The data processed and the rules applying to it are set out in the Privacy policy.
- Loss of connection to the licence server. The Application does not work offline. If three consecutive licence verification attempts fail to receive a response from the licence server (corresponding to about 3 minutes at the 60-second verification interval), the Application suspends all licensed functions and displays a message about the lost connection, while continuing to attempt to reconnect. Once connectivity is restored and verification succeeds, the Application automatically resumes the functions, with no need to restart the Application or re-enter the Licence key. Throughout the suspension, the data and files saved on the Customer's disk remain untouched.
- One licence = one computer. On activation, the Licence key is bound to the computer on which it is run – based on that computer's operating system identifier and the physical (MAC) addresses of its network cards; the Seller stores only cryptographic hashes of that data, not the hardware data itself. An attempt to activate or verify the same key on another computer is refused. The Customer can move the licence to another computer in the Account no more than once every 30 days; a more frequent transfer – in justified cases (e.g. hardware failure) – is carried out by technical support after the Customer contacts kontakt@automaizeit.com and the entitlement is verified.
- End of the Subscription and the Licence key. When the prepaid Subscription period expires, the Licence key expires. The Application then displays a window for entering the Licence key and provides none of the licensed functions until the Customer activates a valid key (renewed under § 10, or a new one). The Application does not provide a read-only mode or any other limited mode after the key expires. Files and data previously saved on the Customer's disk remain theirs, are not deleted or blocked by the Application, and remain accessible using other programs installed on the Customer's computer. The Subscription coming to an end when the prepaid period expires does not constitute a lack of conformity of the Application with the contract.
- Blocking the key during a prepaid period is permitted only for the important reasons set out in these terms: sharing the key with third parties, circumventing or removing technical protection measures, or using the Application contrary to the licence. Blocking is preceded by a request to stop the breach, with a period of no less than 7 days, unless the breach is gross. The Customer may appeal to kontakt@automaizeit.com; appeals are handled within 14 days. If the block turns out to be unjustified, the Seller extends the Subscription period by the duration of the block or refunds a proportionate part of the price.
- Unavailability of the licence server. The licence server used for the verification described in section 6 is operated at an external hosting provider. A brief unavailability of that server (up to 3 minutes) is part of the technical protection mechanism described in section 7 and does not constitute an interruption within the meaning of this section. Occasional longer interruptions in the availability of the licence server may occur for reasons attributable to the hosting provider. The Seller undertakes to: (a) restore the licence server promptly once it becomes aware of an interruption; (b) compensate every interruption in the availability of the licence server longer than 3 minutes, measured from the server's logs, by extending the prepaid Subscription period by the duration of that interruption, without the Customer having to submit a separate request. If the total duration of such interruptions in a given calendar month exceeds 24 hours, the Customer may, in addition to the extension, request a price reduction or withdraw from the contract on the terms of § 13; for Businesses, § 16(4) applies instead. The above does not exclude or limit the Customer's rights arising from a lack of conformity of the Application with the contract (§ 13).
- The Seller informs the Customer about updates, including security updates, necessary to keep the Application in conformity with the contract, and supplies them: (a) under a Subscription – throughout the prepaid Subscription period; (b) under a One-off licence – for [to be completed: period for functional and security updates], corresponding to the period the Customer may reasonably expect given the nature and purpose of the Application.
§ 10. Prepaid subscription and renewals
- A Subscription consists in supplying the Customer with digital content (the Application together with updates) continuously for a fixed Subscription period – a month or a year – counted from activation after the payment is credited.
- A Subscription is paid in advance and does not renew automatically. The Seller collects no funds after the prepaid period ends.
- Before the prepaid period ends (with the notice stated in the e-mail, currently 7 days), the Customer receives an e-mail with a payment link for the next period and with the price of that period. Paying via the link concludes a separate contract for the next period, counted from the end of the current one, on the terms and at the price stated in that e-mail and in the version of these terms in force on the payment date.
- If the Customer does not pay for the next period, the Subscription expires at the end of the prepaid period, with no additional charges and with no need to give notice.
- The Customer can cancel renewals at any time – in the Account, on the Subscription page (link in the confirmation e-mail and in the renewal e-mails) or by e-mail to kontakt@automaizeit.com. After cancelling, the Seller stops sending payment requests; access continues until the end of the prepaid period. Cancelling renewals is not a withdrawal from the contract and does not affect the rights described in § 12 and § 13.
- The Seller keeps the Application in conformity with the contract and supplies updates, including security updates, throughout the prepaid Subscription period.
- If the Application was in conformity with the contract throughout the prepaid period, the Subscription ending when that period expires does not give rise to any refund for that period. A proportionate refund is due in the cases described in § 13(9)–(11) and § 14(3).
§ 11. Changes to these terms and ongoing Subscriptions
- Contracts concluded before a change are governed by the version accepted with the Order (sent to the Customer by e-mail). Each version has a number and effective date shown on this page.
- For Subscriptions, a new version applies to periods paid for after it takes effect; the Seller announces the change by e-mail at least 14 days in advance. The Customer is under no obligation to renew the Subscription, and not renewing entails no cost.
- The Seller may change these terms for important reasons, in particular: changes in the law, changes in payment methods or the method of supplying Applications, changes to the offer, or security needs.
§ 12. Right of withdrawal
- Consumers and Sole traders with consumer rights (Article 38a of the Consumer Rights Act) may withdraw from a distance contract within 14 days of its conclusion, without giving any reason and at no cost, subject to sections 5–9.
- The withdrawal statement can be submitted:
- via the Withdrawal function on the Website (the “Withdraw from contract” link in the footer of every page) – after submitting the form, the Customer sees a confirmation on screen and receives it by e-mail;
- by e-mail to kontakt@automaizeit.com or in writing to the Seller's address – using the model form or any other unequivocal statement.
- To meet the deadline, it is sufficient to send the statement before the period expires. The Seller promptly confirms receipt of the statement on a Durable medium.
- The Seller refunds all payments received without undue delay and in any event no later than 14 days from receiving the statement, using the same means of payment as the Customer used, unless the Customer has expressly agreed otherwise and incurs no fees as a result. After withdrawing, the Customer should refrain from using the Application and must not make it available to third parties.
- When the right of withdrawal ceases to apply. There is no right of withdrawal in respect of a contract for the supply of digital content not supplied on a tangible medium, for which the Customer is obliged to pay a price, where all three of the following conditions are met (Article 38(1)(13) of the Consumer Rights Act; Article 16(m) of Directive 2011/83/EU):
- the Seller began performance with the Customer's prior express consent, given before performance began;
- the Customer was informed, before performance began, that they would lose the right of withdrawal once the performance had been completed, and acknowledged this;
- the Seller provided the Customer with a confirmation of the contract on a Durable medium.
- What the Seller does on its side. The statements referred to in section 5(1) and (2) are made by the Customer in step 1 of the Order as two separate statements that are not pre-ticked. The Seller records their wording together with the date, time, version of these terms and a shortened IP address, and quotes them in the confirmation referred to in § 5(4).
- Order of steps. Once the payment is credited, the Seller first sends the contract confirmation on a Durable medium (with these terms, the withdrawal information and the model form attached) and only then releases the Licence key and the download link. The confirmation contains the text of those documents, not merely a link to them.
- If the Customer does not make the statements referred to in section 5(1) and (2), the Seller will begin supplying the Application after 14 days from the conclusion of the contract, and until then the Customer may withdraw from the contract without giving a reason and at no cost.
- Subscriptions. A Subscription is a continuous supply of digital content. If the Customer made the statements referred to in section 5(1) and (2), the Seller met the condition in section 5(3) and supply has begun, the right of withdrawal ceases to apply as set out in section 5. Irrespective of this – as a voluntary commitment going beyond the statutory requirement – the Seller accepts a withdrawal statement concerning a first Subscription made within 14 days of its conclusion and refunds the price less an amount proportionate to the part of the period used up to the day the statement was made.
- The right of withdrawal does not apply to Businesses (§ 15).
- The loss of the right of withdrawal neither excludes nor limits the Customer's rights arising from a lack of conformity of the Application with the contract (§ 13), nor the rights relating to failure to supply the Application (§ 8(4)) or to a modification of the Application (§ 14).
- The Seller provides the Withdrawal function voluntarily, to make it easier to submit a statement online; the national rules implementing the EU obligation to provide such a function have not yet entered into force in Poland [status to be confirmed before publication].
- Detailed information and the model form: Withdrawal from the contract – information and model form.
§ 13. Conformity of the Application with the contract, complaints and refunds
- The Seller is liable to Consumers (and Sole traders with consumer rights) for a lack of conformity of the Application with the contract on the terms set out in Articles 43h–43q of the Consumer Rights Act.
- Conformity with the contract covers in particular: the description, type, quantity, quality, completeness, functionality, compatibility and interoperability of the Application, technical support and updates, as well as the Application's fitness for its ordinary purpose and the features typical of digital content of that kind.
- Periods of liability:
- One-off licence – the Seller is liable for a lack of conformity existing at the time of supply and becoming apparent within 2 years of that time; a lack of conformity becoming apparent within one year of supply is presumed to have existed at the time of supply;
- Subscription – the Seller is liable for a lack of conformity occurring or becoming apparent during the period in which the Application was to be supplied, that is throughout the prepaid Subscription period.
- Reporting. The Customer reports a lack of conformity via the request form in the Account (“complaint” category), by e-mail to kontakt@automaizeit.com, via the Contact form, or in writing to the Seller's address. Please include: the Order number, the e-mail address used for the Order, a description of the problem and when it occurred, and your request.
- The Seller responds to a Consumer's complaint within 14 days of receiving it, on a Durable medium. If the Seller does not respond within this period, the complaint is deemed accepted.
- Bringing the Application into conformity (repair). The Customer may require the Application to be brought into conformity with the contract. The Seller does so within a reasonable time of receiving the report – [to be completed: declared time limits for critical and other defects] – without significant inconvenience to the Customer and at the Seller's own cost. The Seller may refuse to bring the Application into conformity if this is impossible or would entail excessive costs.
- Price reduction or withdrawal. The Customer may make a statement on a price reduction or on withdrawal from the contract if: bringing the Application into conformity is impossible or would entail excessive costs; the Seller has failed to bring the Application into conformity; the lack of conformity persists despite attempts to remedy it; the lack of conformity is significant enough to justify this without a prior attempt at repair; or it is clear from the Seller's statement or from the circumstances that the Seller will not bring the Application into conformity within a reasonable time.
- The reduced price must bear the same proportion to the contract price as the value of the non-conforming Application bears to the value of a conforming one. For Subscriptions, account is taken of the time during which the Application remained in a state of non-conformity. Withdrawal is not available where the lack of conformity is minor; a lack of conformity is presumed to be significant.
- Proportionate refund. The Seller does not demand payment for the time during which the Application was not in conformity with the contract. For Subscriptions, the part of the price to be refunded is calculated as: refund = price of the prepaid period × number of days of non-conformity ÷ number of days in the period, rounded in the Customer's favour. The Seller presents the calculation to the Customer together with its reply to the complaint.
- The refund is made without undue delay and no later than 14 days from receiving the Customer's statement, using the same means of payment as the Customer used, unless the Customer expressly agrees to another means that entails no fees for them.
- Examples of situations in which the Customer may require repair, a price reduction, withdrawal or a refund – despite the loss of the right of withdrawal under § 12:
- a faulty Licence key, a key that will not activate or has already been used, and a download link that does not work or has expired – the Seller issues a new key or link promptly; if supply does not take place, the Customer may withdraw from the contract and receive a refund of the full price;
- unavailability of the licence verification service or of the Seller's licence server lasting longer than 3 minutes, preventing the use of the licensed functions – the Seller extends the Subscription period by the duration of the interruption under § 9(11), and where the total duration of such interruptions in a month exceeds 24 hours, additionally, at the Customer's request, reduces the price or allows withdrawal from the contract on the terms of paragraphs 6–9 of this section (for a One-off licence, paragraphs 6–8 apply);
- failure to provide the announced updates, including security updates, within the period stated in § 9(12);
- the Application not matching its description, technical requirements, declared functionality, compatibility or interoperability, including any limitation the Customer was not informed about before the contract was concluded.
- The Seller is not liable for a lack of conformity resulting solely from the Customer's failure to install an update supplied to them, provided that the Seller informed the Customer about the update and the consequences of not installing it, and the failure to install it did not result from errors in the installation instructions.
- Cooperation in diagnosis. The Customer undertakes to cooperate with the Seller, to a reasonable extent and by the least intrusive means, in order to establish whether the lack of conformity is due to features of the Customer's digital environment (e.g. by sending the operating system version, logs or a screenshot of the error message). The Seller informs the Customer of this duty before the contract is concluded; a failure to cooperate may mean that the presumptions provided for in the Consumer Rights Act do not apply.
- Complaints about how the Website works (as opposed to the Application) are covered by the Website terms.
§ 14. Modification of the Application during a Subscription
- The Seller may modify an Application supplied under a Subscription beyond what is necessary to keep it in conformity with the contract only for the valid reasons set out in these terms: the need to ensure the security of the Application or of Customers' data, changes in the law or in regulatory requirements, changes in the requirements of the technical environment (operating system, libraries, third-party services the Application relies on), or the development of the Application by adding new functions that do not degrade the existing ones. Such a modification entails no cost whatsoever for the Customer. Legal basis: Article 43p of the Consumer Rights Act.
- If a modification materially and adversely affects the Customer's access to the Application or use of it, the Seller informs the Customer on a Durable medium reasonably in advance, stating the features and the date of the modification and informing them of the right to terminate the contract.
- In such a case the Customer may terminate the contract without notice within 30 days of the modification being made or of being informed of it, whichever is later. The proportionate refund rules apply to the settlement (§ 13(9)–(10)). Legal basis: Article 43q of the Consumer Rights Act.
- The right to terminate does not apply where the Seller has enabled the Customer to keep the Application unmodified, at no additional cost.
- Tightening the technical protection measures described in § 9 during a prepaid Subscription period is treated as a modification of the Application, and sections 1–4 apply to it.
§ 15. Sole traders with consumer rights
Sole traders with consumer rights have the Consumer's rights concerning unfair contract terms (Article 385⁵ of the Polish Civil Code), withdrawal from distance contracts (Article 38a of the Consumer Rights Act) and conformity of digital content and digital services with the contract (Article 7aa of the Consumer Rights Act). A business Customer who believes these rights apply to them may inform the Seller when ordering or at any time later, by e-mail to kontakt@automaizeit.com.
§ 16. Liability towards Businesses
- This section applies only to Businesses (not to Consumers or Sole traders with consumer rights).
- The Seller's liability under statutory warranty (rękojmia) is excluded to the extent permitted by law.
- The Seller's liability for non-performance or improper performance of the contract is limited to actual loss and to the amount paid for the Order concerned. This limitation does not apply to damage caused intentionally.
- For interruptions in the availability of the licence server referred to in § 9(11), a Business is entitled only to an extension of the prepaid Subscription period by the duration of the interruption; a Business has no right to a price reduction or to withdraw from the contract on that ground, regardless of the total duration of interruptions in a given month.
§ 17. Personal data
The processing of Customers' personal data – including Customer Account data, requests, and data sent during licence verification – is described in the Privacy policy, and the use of cookies and similar technologies in the Cookie policy.
§ 18. Out-of-court dispute resolution
- Consumers may use out-of-court complaint and redress procedures, in particular:
- ask for help from a district (municipal) consumer ombudsman in Poland or a consumer organisation (e.g. Federacja Konsumentów);
- apply for mediation or for the case to be heard by the permanent consumer arbitration court at the Voivodeship Inspectorate of Trade Inspection competent for the Seller's registered office.
- Information on these procedures is available on the website of the Polish Office of Competition and Consumer Protection (UOKiK): prawakonsumenta.uokik.gov.pl. Consumers in other EU Member States may ask the European Consumer Centre in their own country for help.
- The Seller's participation in out-of-court proceedings is voluntary. [to be completed: whether the Seller agrees to take part in such proceedings].
§ 19. Governing law and jurisdiction
- Contracts concluded under these terms are governed by Polish law.
- The choice of Polish law does not deprive a Consumer habitually resident in another country of the protection afforded by provisions that cannot be derogated from by agreement under the law of that country (Article 6(2) of Regulation (EC) No 593/2008 – Rome I).
- Disputes with Businesses are resolved by the court competent for the Seller's registered office. The court competent for disputes with Consumers is determined under generally applicable rules.
§ 20. Entry into force and document versions
- Version 1.2 of these terms applies from 21 September 2026.
- The previous version 1.1 applied from 20 September 2026 to 20 September 2026, and version 1.0 until 19 September 2026; each governs contracts concluded while it was in force.
- Version 1.1 introduced: the rules on changing the Subscription price at renewal (§ 6), the Customer Account (§ 4), expanded rules on withdrawal from a contract for digital content (§ 12), conformity with the contract, proportionate refunds and example complaint scenarios (§ 13), the licence and technical protection measures (§ 9), and the modification of the Application during a Subscription (§ 14).
- Version 1.2 completes § 9 with the actually implemented parameters of the licensing protection measures: the licence verification interval (every 60 seconds), the rules for suspending functions after losing the connection to the licence server (3 failed verifications, about 3 minutes) together with automatic resumption once connectivity is restored, binding the licence to a single computer (hashes of the system identifier and MAC addresses) and the rules for moving it (once every 30 days by the Customer, more often through contact with the Seller), and compensation for interruptions in the availability of the licence server attributable to the hosting provider (§ 9(11), § 13(11), § 16(4)); it removes provisions, never actually implemented, on an offline mode longer than described in § 9(7) and on a read-only mode after a Subscription expires; and it clarifies the technical requirements in § 3 (permanent internet access throughout the use of the Application).
