Specteron - Terms of Service

Section 1

§ 1. General provisions

1.

These Terms set out the rules and conditions for using the Service and the Services provided electronically by the Service Provider under the Specteron brand, in particular the rules for using the Account, Workspace, SaaS functionality, Trial Period, paid Plans, Add-ons, Integrations, Widget, Knowledge Base, Desktop Application, Marketplace and Custom Services.
2.

These Terms constitute the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services and define the rights and obligations of the Service Provider and Users in connection with the use of the Services.
3.
The Services offered within Specteron are digital in nature and include in particular:
1. 1)
  
  access to a SaaS platform used to handle communication, automation and AI solutions for companies and other Users,
2. 2)
  
  tools for creating, configuring, deploying and maintaining Bots, Workspaces, Widgets, knowledge bases and integrations,
3. 3)
  
  paid subscription Plans, Add-ons and other functionalities made available on a subscription or one-off basis,
4. 4)
  
  implementation, consulting and custom AI services provided on an individual order basis.
4.
These Terms apply to:
1. 1)
  
  natural persons,
2. 2)
  
  legal persons,
3. 3)
  
  organisational units without legal personality to which the law grants legal capacity,
using the Service or the Services.
5.

To the extent that the User is a Consumer or a Business User with consumer rights, agreements concluded at a distance are also subject to the provisions of the Act of 30 May 2014 on consumer rights and other mandatory provisions of law.
6.

These Terms are made available in the Service free of charge in a manner allowing them to be obtained, reproduced and recorded.
7.

Acceptance of these Terms is a condition for using Services that require creating an Account, starting a Trial Period, entering into a Subscription, purchasing an Add-on, using the Marketplace or ordering a Custom Service, unless the Parties decide otherwise in a separate agreement.
8.

If special conditions apply to a specific Service, function, Integration, Add-on, promotion, enterprise offer or Custom Service, such conditions supplement these Terms and, in the event of a conflict, prevail to the extent that they relate to the given Service.
9.

Use of the Services requires compliance with the law, accepted standards of conduct, principles of fair dealing and the provisions of these Terms.
10.

The Service Provider provides the Services with due professional care; however, due to the nature of digital services, AI systems, integrations with external services and IT infrastructure, not every functionality may be available continuously and without disruption.
11.

Unless mandatory provisions of law provide otherwise, custom AI, implementation, consulting and other Custom Services are intended exclusively for entrepreneurs.
12.

These Terms do not exclude or limit any rights of a User who is a Consumer or a Business User with consumer rights arising from mandatory provisions of law.

Section 2

§ 2. Definitions

The following terms used in these Terms shall have the meanings set out below:

1.

Desktop Application means Specteron client software made available for installation on the User's device, enabling the User to use selected Service features in accordance with the scope of a given Plan.
2.

Add-on means an additional paid functionality, package, extension of limits, additional resources or supplementary service offered by the Service Provider outside the basic scope of the Plan.
3.

Bot means an agent, assistant, flow, automation or other tool configured by the User or the Service Provider and based on rules, automation or AI, operating within Specteron.
4.

Price List means current information on prices, fees, limits and the scope of Plans, Add-ons or Custom Services made available in the Service or presented to the User individually.
5.

Business Days means days from Monday to Friday, excluding public holidays in Poland.
6.

Integration means a connection between Specteron and a third-party service, system, API, communication channel, tool or software.
7.

Consumer means a natural person performing a legal act with the Service Provider that is not directly related to that person's business or professional activity.
8.

Account means a set of resources and permissions identified by an individual login, e-mail address or other identifier and assigned to the User within Specteron.
9.

Knowledge Base or KB means a set of content, documents, files, sources, URLs, materials and data entered into Specteron in order to power, train, configure, index or support the operation of Bots, automations or other Service functions.
10.

Marketplace means a part of Specteron or the Service within which packages, templates, components, extensions, configurations, integrations or other digital resources are made available, published, presented, installed or offered.
11.

Trial Period or Trial means a time-limited free access to specific Service functions on the terms indicated in these Terms, the Price List or the offer.
12.

Plan means a Subscription option defining the scope of functions, limits, available modules, permissions, technical parameters and fees for using the Service.
13.

Entrepreneur means a natural person, legal person or organisational unit conducting business or professional activity and using the Services in connection with such activity.
14.

Business User with consumer rights means a natural person entering into an agreement with the Service Provider directly related to that person's business activity when, based on the content of the agreement, the agreement is not of a professional nature for that person, in particular in light of the subject of the business activity carried out by that person.
15.

Terms means these terms and conditions for the provision of electronic services and the use of Specteron Services.
16.

Service means the website, web application, Desktop Application, interfaces, panels, public pages, documentation, API and other digital resources made available by the Service Provider under the Specteron brand.
17.

Force Majeure means an external, extraordinary event that cannot be foreseen or prevented and remains outside the reasonable control of a Party, including in particular failures of external infrastructure, DDoS attacks, actions of public authorities, natural disasters, wars, riots, epidemics or interruptions on the part of global infrastructure providers.
18.

Stripe means an external payment, settlement or billing service provider used by the Service Provider to process selected payments, subscriptions, renewals, plan changes and Add-ons.
19.

Party means the User or the Service Provider, depending on the context; collectively referred to as the Parties.
20.

Subscription means paid, time-limited access to the Service or selected Service functions provided by the Service Provider under a Plan and renewed cyclically or concluded for a defined billing period.
21.

User Content means any data, materials, documents, files, images, text content, configurations, prompts, instructions, information, knowledge bases, entries, comments, packages, integrations, settings or other content provided, published, uploaded, stored or processed by the User using the Service.
22.

Agreement means an agreement for the provision of electronic services, an agreement for the supply of digital content, an agreement for the provision of digital services, a Subscription agreement or an agreement concerning a Custom Service concluded between the User and the Service Provider.
23.

Service or Services means all services provided by the Service Provider within Specteron, including SaaS services, digital services, AI functions, Account, Workspace, Widget, Marketplace, Integrations, Desktop Application, Add-ons, API, webhooks and Custom Services.
24.

Custom Services means custom AI, implementation, consulting, integration, design, programming, configuration, training or other services provided on order and agreed individually with the User.
25.

Service Provider means the entity providing Services under the Specteron brand, identified in § 3 of these Terms.
26.

User means any entity using the Service or the Services, regardless of whether it has an Account, uses a Trial, a Subscription, the Marketplace or orders Custom Services.
27.

Widget means a component, script, module or embedded Specteron element used for communication, handling requests, generating leads, collecting feedback, launching Bots or providing other functions on the User's website, application or other environment.
28.

Workspace means an organisational environment, workspace, organisation or space within Specteron assigned to one or more Users and used to manage resources, Bots, team members, configurations, limits, payments and data related to the use of the Services.

Section 3

§ 3. Service Provider details

1.

The Service Provider is:

[FULL COMPANY NAME / FIRST AND LAST NAME OF THE SOLE TRADER]

conducting business under the business name / company:

[LEGAL FORM]

with its registered office / place of business at:

[ADDRESS]

entered in:

[CEIDG / KRS]

under number:

[CEIDG OR KRS NUMBER]

Tax ID: [TAX ID]

REGON: [REGON – if applicable]
2.

The Service Provider may be contacted at the following e-mail address: [E-MAIL ADDRESS].
3.

The Service Provider may be contacted by phone at: [PHONE NUMBER].
4.

Address for service, complaints and statements related to the Agreement:

[CORRESPONDENCE ADDRESS, IF DIFFERENT FROM THE ABOVE].
5.

If the Service Provider uses separate contact details for technical support, billing matters, personal data protection or legal notices, such information may be indicated in the Service, the Privacy Policy, documentation or communications addressed to Users.
6.

Until the details referred to in paragraphs 1-4 are completed, this section must be completed before production publication of the Terms and before sales to Users begin.

Section 4

§ 4. Type and scope of the Services

1.

Specteron is a technology platform provided in a SaaS model and in the form of individual services, intended in particular for handling communication, automation, AI implementations, Bot management, knowledge base building, Widget embedding, inbox handling, tickets, leads, feedback, integrations and other digital processes.
2.
Within Specteron, the Service Provider may make available in particular:
1. 1)
  
  a public information and sales Service,
2. 2)
  
  registration and handling of User Accounts,
3. 3)
  
  creation and handling of Workspaces,
4. 4)
  
  admin panels, user panels and management modules,
5. 5)
  
  functions for creating, configuring, deploying and maintaining Bots and automations,
6. 6)
  
  Knowledge Base, knowledge sources, indexing, file and content processing and functions supporting AI responses,
7. 7)
  
  Widgets embedded on websites, in applications or in other User environments,
8. 8)
  
  inbox, messages, tickets, forms, leads, feedback, surveys, status page, help center, documentation and related operational functions,
9. 9)
  
  Integrations, API, webhooks and connections with third-party services,
10. 10)
  
  the Desktop Application,
11. 11)
  
  the Marketplace and the possibility to install, publish or use packages, extensions and digital resources,
12. 12)
  
  paid Plans, a Trial Period, Add-ons, limit extensions and additional services,
13. 13)
  
  Custom Services, including custom AI, implementation, consulting, integration, programming, configuration and design services.
3.
The scope of functions available to a given User depends in particular on:
1. 1)
  
  the type and status of the Account,
2. 2)
  
  the active Plan or Trial Period,
3. 3)
  
  active Add-ons,
4. 4)
  
  the role and permissions within the Workspace,
5. 5)
  
  the availability of specific Integrations,
6. 6)
  
  technical configuration,
7. 7)
  
  individual arrangements of the Parties.
4.
The Service Provider may make some functions available as:
1. 1)
  
  free of charge,
2. 2)
  
  covered by a Trial Period,
3. 3)
  
  paid on a one-off basis,
4. 4)
  
  paid cyclically under a Subscription,
5. 5)
  
  provided individually on the basis of a separate offer, order, specification, Statement of Work, agreement or arrangements between the Parties.
5.

Custom Services are, as a rule, not included in the standard scope of a Plan unless expressly stated otherwise in an offer, the Price List or individual arrangements.
6.

The Service Provider may develop, modify, update, withdraw, suspend or replace individual Service functions if justified by product development, security, technological changes, legal changes, requirements of external providers, operational optimisation or another important reason, with due regard to acquired User rights and mandatory provisions of law.
7.

Services using AI, language models, automations, decision rules or data processing solutions are support tools and do not in themselves guarantee a specific economic, legal, financial, medical or organisational result.
8.

As part of the standard Service, the Service Provider does not provide legal, tax, medical, investment or other regulated advice unless expressly provided for in a separate agreement concluded with an authorised entity.
9.

The Services may be intended both for entrepreneurs and Consumers, subject to the fact that selected functions, Integrations, enterprise offers, Custom Services or Marketplace features for publishers may be available exclusively to entrepreneurs.
10.

Any marketing materials, presentations, descriptions of functions, roadmaps, announcements, use-case examples, pre-sales documentation and information on planned functionalities are for information purposes only and do not constitute an offer within the meaning of the Civil Code unless expressly stated otherwise.

Section 5

§ 5. Technical requirements

1.
The following are jointly required for proper use of the Service and the Services:
1. 1)
  
  an end device capable of accessing the Internet,
2. 2)
  
  an up-to-date web browser supporting HTML5, CSS3, JavaScript standards and encrypted HTTPS connections,
3. 3)
  
  an active e-mail address if a given function requires registration, login, communication or e-mail confirmations,
4. 4)
  
  enabled cookies or other technologies necessary for providing the Services, if required for a given function,
5. 5)
  
  Internet access with bandwidth sufficient to use the selected functions,
6. 6)
  
  in the case of the Desktop Application, a device and environment compliant with the minimum technical requirements specified by the Service Provider for a given version of the application.
2.
The use of selected functions may additionally require:
1. 1)
  
  an active Account,
2. 2)
  
  an active Workspace,
3. 3)
  
  an active Plan or Trial Period,
4. 4)
  
  an active Integration with an external service,
5. 5)
  
  proper embedding of the Widget on the User's side,
6. 6)
  
  configuration of DNS, domain, e-mail inbox, webhooks, API, server environment or other elements depending on the nature of the function.
3.

The User bears the costs of ensuring the technical conditions necessary to use the Services, including the costs of Internet access, devices, software, licences, telecommunications services and infrastructure on the User's side.
4.

The Service Provider informs that using Services involving AI, Integrations, API, webhooks, Widgets or external infrastructure providers may require additional technical conditions indicated in the documentation, admin panel, settings of a given function or communications addressed to the User.
5.
The Service Provider does not guarantee proper operation of the Services if:
1. 1)
  
  outdated, modified or unsupported software is used,
2. 2)
  
  scripts, cookies, domains, network connections or components necessary for the operation of the Service are blocked,
3. 3)
  
  the User's side is configured incorrectly,
4. 4)
  
  failures or limitations occur on the side of external providers, hosting, the payment operator, the e-mail operator, the telecom operator or other services on which selected functions depend,
5. 5)
  
  malicious software, attacks, security breaches or other events outside the reasonable control of the Service Provider occur.
6.

The Service Provider may introduce technical interruptions, updates, maintenance work, migrations, security changes or other technical actions necessary for the development, maintenance or protection of the Services.
7.

Where possible and justified by the nature of the works, the Service Provider will inform Users of planned technical interruptions in advance via the Service, user panel, status page, e-mail or another customary communication channel.
8.

The User is obliged to use the Services in accordance with instructions, documentation, the purpose of the functions and security requirements published by the Service Provider.
9.

The Service Provider may define technical limits, usage limits, storage limits, message limits, seat limits, Bot limits, Workspace limits, package limits, webhook limits, API limits, file upload limits, Knowledge Base source limits or other restrictions resulting from the Plan, Add-on, technical documentation or infrastructure security.
10.

Minimum and recommended technical requirements may be updated as Specteron develops. Such changes do not constitute a change to the essential properties of the Service if they are justified by security, compatibility, technological development or the requirements of external providers.

Section 6

§ 6. Account registration and login

1.

Use of selected Specteron Services requires the creation of an Account.
2.

An Account may only be created by an entity authorised to enter into an Agreement under applicable law.
3.

During registration, the User is obliged to provide true, up-to-date, complete and non-misleading data.
4.
An Account is created by:
1. 1)
  
  completing the registration form made available by the Service Provider,
2. 2)
  
  providing the required data, in particular the e-mail address and password and, where applicable, other data indicated in the form,
3. 3)
  
  accepting these Terms and other documents required to use the Services,
4. 4)
  
  completing verification activities required by the Service Provider, including e-mail address confirmation, anti-bot testing or other security measures,
5. 5)
  
  confirming the registration by the User.
5.

The Service Provider may make activation of the Account conditional on e-mail confirmation or compliance with additional security requirements.
6.

One User may have more than one Account only where permitted by the functionalities of the Service, the nature of the use of the Service or the express consent of the Service Provider.
7.
The following are prohibited:
1. 1)
  
  creating Accounts using fictitious or third-party data without proper authorisation,
2. 2)
  
  creating Accounts to circumvent limits, blocks, offer conditions, Trial rules or security mechanisms,
3. 3)
  
  making the Account available to unauthorised persons, except where allowed by the Workspace functionality and user roles,
4. 4)
  
  circumventing registration, verification or authorisation procedures.
8.

Logging into the Account takes place using authentication data assigned to the User, in particular the e-mail address and password and, where a given function provides for it, also by means of SSO, 2FA or other authorisation methods.
9.

The User is responsible for actions taken using the User's Account unless the User proves that they occurred solely due to circumstances for which the User is not responsible.
10.

The User is obliged to update Account data without delay whenever it changes.
11.

The Service Provider may refuse to register an Account, block the registration process or request additional verification if justified by security reasons, suspected abuse, breach of the Terms, legal requirements or protection of the infrastructure.
12.
The User may lose access to selected functions or the entire Account in the event of:
1. 1)
  
  failure to complete the required verification,
2. 2)
  
  breach of the Terms,
3. 3)
  
  provision of false data,
4. 4)
  
  withdrawal of access by the Workspace owner to the extent that the Account operates within that Workspace,
5. 5)
  
  termination of the Agreement, closure of the Account or expiry of authorisation to use a given Service.
13.

Creating an Account does not automatically mean acquiring the right to all Specteron functions. The scope of available functions depends on the Plan, Trial, role, Workspace settings, active Add-ons and other conditions indicated by the Service Provider.
14.

Where registration is made on behalf of a legal person, organisational unit or entrepreneur, the registering person declares that he or she is authorised to act on behalf of that entity.

Section 7

§ 7. Account security, 2FA and SSO

1.

The User is obliged to keep login data confidential and to secure access to the Account against unauthorised persons.
2.

The User may not disclose the password or other authentication data to third parties unless this follows directly from the functionality of the Service and takes place in accordance with the rules for assigning roles and access within the Workspace.
3.

The User should use a password with an appropriate level of complexity and not reuse it in a manner increasing the risk of unauthorised access.
4.

If Specteron provides two-factor authentication (2FA), the User may be entitled or required to enable it depending on the type of Account, Plan, Workspace security requirements or the decision of the Service Provider.
5.

Where the Workspace owner, Workspace administrator, organisation security policy or enterprise Plan requires the use of 2FA, the User is obliged to activate and maintain this security method as a condition for access to selected functions or the entire Workspace.
6.

2FA may in particular be implemented using an authentication application, one-time codes, security keys or other methods indicated by the Service Provider.
7.

The User is obliged to store backup codes, authentication devices and other security measures in a manner preventing access by unauthorised persons.
8.

If Specteron provides Single Sign-On (SSO), access to such functionality may depend on the selected Plan, Workspace settings, separate arrangements of the Parties or correct configuration by the User or the User's organisation.
9.

Use of SSO may require integration with an external identity provider. In that case, proper operation of login also depends on the configuration and availability of that provider's services.
10.
The Service Provider is not liable for lack of access to the Account resulting from:
1. 1)
  
  loss of password, backup codes, authentication device or login data on the User's side,
2. 2)
  
  incorrect SSO configuration on the side of the User, Workspace or external identity provider,
3. 3)
  
  disclosure of login data to a third party by the User,
4. 4)
  
  negligence in securing the device, e-mail or infrastructure on the User's side,
subject to mandatory provisions of law.
11.

The User is obliged to notify the Service Provider immediately of any suspicion of unauthorised access to the Account, a security breach, loss of authentication data or another security incident.
12.

The Service Provider may temporarily restrict access to the Account, require a password reset, additional verification, reconfiguration of 2FA or logout active sessions if justified by the security of the Account, Workspace, other Users, the infrastructure or legal requirements.
13.

The Service Provider may apply additional security measures, including login limits, access attempt blocks, anomaly detection, anti-bot mechanisms, device verification, session restrictions or monitoring of security incidents to the extent necessary to protect the Services.
14.

For Accounts connected with a Workspace, responsibility for implementing specific security standards, in particular forcing 2FA, configuring SSO, granting permissions and managing team members, may rest with the Workspace owner or administrator.
15.

The User acknowledges that the security of the use of the Services also depends on securing the User's devices, e-mail, network, browser, working environment and external systems integrated with Specteron.

Section 8

§ 8. Workspace, organisation and user roles

1.

Specteron may operate in the Workspace model, that is, within separate organisational environments to which Accounts, data, Bots, team members, settings, payments, limits, Integrations and other resources are assigned.
2.

Creating an Account may result in the automatic creation of a Workspace or assigning the Account to an existing Workspace in accordance with the current operating model of the Service.
3.

A Workspace may be created by the User, the Service Provider or as a result of accepting an invitation to an existing Workspace.
4.

The User who created the Workspace or was designated as its owner acquires Workspace owner rights unless the Parties or system settings provide otherwise.
5.
Within the limits of available functionalities, the Workspace owner and persons authorised by the owner may:
1. 1)
  
  invite and remove Workspace members,
2. 2)
  
  grant, change and revoke roles and permissions,
3. 3)
  
  manage Workspace configuration,
4. 4)
  
  activate or deactivate selected functions, Integrations, 2FA, SSO and other security mechanisms,
5. 5)
  
  view and manage resources associated with the Workspace,
6. 6)
  
  manage the plan, billing, limits, Add-ons and organisation settings.
6.

The scope of permissions of individual roles within the Workspace results from Specteron functionalities, administrator settings, the Plan or individual arrangements between the Parties.
7.
The Workspace owner is responsible for:
1. 1)
  
  proper granting of access and roles,
2. 2)
  
  actions of persons invited to the Workspace to the extent resulting from the organisation of access to the environment,
3. 3)
  
  the compliance of Workspace configuration with the needs and obligations of the organisation,
4. 4)
  
  managing the organisation's security within the scope of available administrative tools.
8.

Each Workspace member is obliged to use the granted permissions only for their intended purpose and in accordance with the Terms and instructions of the entity that granted access.
9.

The Service Provider is not a party to internal organisational relations between Workspace members and, in particular, does not settle disputes regarding the scope of permissions, employment responsibilities, title to data or rules of representation unless such an obligation arises from law or a separate agreement.
10.

The User acknowledges that data, resources and settings entered into the Workspace may be available to other persons holding the relevant permissions within that Workspace.
11.

Removing a Workspace member, changing that member's role or revoking permissions may result in loss of access to data, Bots, content, messages, settings, Integrations or other resources related to that Workspace.
12.

The Service Provider may introduce limits on the number of Workspaces, the number of users, roles, seats, organisational environments or available administrative functions depending on the Plan, Add-ons, security policy or infrastructure parameters.
13.

Where access to a Workspace was granted to the User by another entity, termination of the legal relationship between that entity and the User, withdrawal of the invitation or removal of the User from the Workspace may result in immediate loss of access to the Services provided within that Workspace.
14.

The Workspace owner may, to the extent permitted by the functionality of the Service, transfer the owner role, manage organisation data and make decisions regarding the continuation or termination of the use of the Services within the Workspace.
15.

Unless mandatory provisions of law or a separate agreement provide otherwise, the Service Provider may treat instructions of the Workspace owner or authorised administrator as binding for the given Workspace.

Section 9

§ 9. Conclusion of an agreement for the provision of Services

1.
The Agreement between the User and the Service Provider is concluded depending on the type of Service, in particular:
1. 1)
  
  upon the effective creation of the Account, with respect to free electronic services related to maintaining the Account and using basic Service functions,
2. 2)
  
  upon activation of the Trial Period, with respect to functions covered by the Trial,
3. 3)
  
  upon the effective order of a paid Plan, Add-on or another paid function, with respect to the scope covered by the given order,
4. 4)
  
  upon acceptance of an offer, order, Statement of Work, individual terms or a separate agreement, with respect to Custom Services.
2.

Before concluding the Agreement, the User has the opportunity to review the Terms, the Price List, the description of functions, the Subscription period, the scope of the Trial and other information required by law.
3.
Performing an action leading to the conclusion of the Agreement, in particular Account registration, starting a Trial, activating a Plan, purchasing an Add-on or placing an order, means:
1. 1)
  
  confirmation that the User has read the Terms,
2. 2)
  
  acceptance of their provisions,
3. 3)
  
  consent to conclude the Agreement on the terms set out in the Terms, the Price List and, where applicable, an individual offer.
4.

If an order is placed on behalf of an entrepreneur, legal person, organisational unit or another entity, the person taking that action declares that he or she is duly authorised to act on behalf of that entity.
5.

An agreement for the provision of free services related to maintaining the Account is concluded for an indefinite period unless the nature of a given function or these Terms provide otherwise.
6.

An agreement concerning a Trial is concluded for a fixed term corresponding to the length of the Trial Period unless it is earlier converted into a paid Subscription, terminated or ended in accordance with these Terms.
7.

An agreement concerning a paid Subscription is concluded for the billing period selected by the User or indicated in the Price List or offer, with the possibility of renewal under the terms specified in these Terms.
8.

An agreement concerning an Add-on or additional service is concluded on the terms resulting from the description of the offer, the Price List, the billing rules and these Terms.
9.

An agreement concerning Custom Services may be concluded in documentary or electronic form, through acceptance of an offer, order, e-mail message, Statement of Work, order form, client panel or another agreed method of recording the arrangements of the Parties.
10.

For services provided to a Consumer or a Business User with consumer rights, the Service Provider provides the information required by law before the Agreement is concluded, and the Agreement is concluded in accordance with the provisions governing distance contracts.
11.

If the law requires obtaining an explicit statement from the Consumer concerning the commencement of the Service before the expiry of the withdrawal period or the loss of the right of withdrawal, the Service Provider may make activation of the Service conditional upon submitting such a statement.
12.

Conclusion of the Agreement does not mean acquisition by the User of ownership rights to the software, source code, infrastructure, models, documentation or other Specteron elements, beyond the scope of rights expressly granted in the Terms or a separate agreement.
13.

Confirmation of conclusion of the Agreement may be delivered to the User by e-mail, user panel, billing system, a message in the Service or another durable medium if required or used by the Service Provider.
14.

To the extent not regulated individually, the provisions of these Terms shall apply.

Section 10

§ 10. 7-day Trial

1.

The Service Provider may make available a Trial Period involving free, time-limited access to selected Specteron functions.
2.

Unless otherwise stated in the offer, Price List, registration panel or separate information, the Trial lasts 7 consecutive calendar days from the moment of its activation.
3.

The Trial is promotional and time-limited and serves to test selected Specteron functions before deciding to conclude a paid Subscription.
4.

The scope of functions available during the Trial, usage limits, message limits, seat limits, Bot limits, Workspace limits, storage limits, upload limits, integration limits or other restrictions may differ from the functions and limits available in paid Plans.
5.
The Service Provider may make activation of the Trial conditional on meeting additional conditions, in particular:
1. 1)
  
  creating an Account,
2. 2)
  
  verifying the e-mail address,
3. 3)
  
  creating a Workspace,
4. 4)
  
  providing billing details,
5. 5)
  
  not having used the Trial previously by the same User, Workspace, organisation, domain, payment method, device or another identifier allowing a reasonable conclusion that the same promotional offer is being used multiple times.
6.

Unless expressly stated otherwise in the Trial activation process, starting the Trial alone does not result in an automatic conclusion of a paid Subscription after the Trial ends.
7.

If the Trial offer provides for an automatic transition into a paid Subscription, this information must be provided to the User clearly before activation, together with information about the price, billing period and method of cancellation.
8.
After the Trial ends:
1. 1)
  
  access to functions covered by the Trial may be blocked,
2. 2)
  
  the Workspace or Account may be limited to free functions, if any are available,
3. 3)
  
  the User may be requested to select a paid Plan in order to continue using the Service,
4. 4)
  
  data entered during the Trial may remain stored for the period indicated in the Terms, data retention policy, Price List or communications of the Service Provider.
9.

A Trial may be granted only once per User, Account, Workspace, organisation or another identifiable case of use of a promotional offer unless the Service Provider expressly decides otherwise.
10.

Creating multiple Accounts, Workspaces or using other technical or organisational means to obtain the Trial multiple times in breach of the offer rules is prohibited.
11.
The Service Provider may refuse to grant the Trial, end the Trial early, limit its scope or block access to trial functions if:
1. 1)
  
  the User breaches the Terms,
2. 2)
  
  there is justified suspicion of abuse, fraud, circumvention of promotion rules or a security threat,
3. 3)
  
  this is required by law, decisions of external providers or infrastructure reasons,
4. 4)
  
  the Trial offer has been withdrawn or changed.
12.

Unless expressly stated otherwise, the Trial does not include Custom Services, implementation work, custom AI, consulting or configuration performed by the Service Provider on the User's order, or any other services performed outside the standard platform functionality.
13.

During the Trial Period, the User is obliged to use the Service in accordance with the Terms in the same way as in the case of paid Plans.
14.

Expiry of the Trial does not create any claim on the part of the User for extension of the promotional period, grant of another Trial or preservation of full functionality without concluding a paid Subscription.

Section 11

§ 11. Subscription Plans and scope of functions

1.

The Service Provider may make the Services available under various subscription Plans, including in particular basic, extended, enterprise, promotional, test or dedicated plans, the current scope, limits, functions and prices of which are defined in the Price List, the Service, an offer or individual arrangements of the Parties.
2.

Each Plan may define a different scope of functionalities, technical parameters, usage limits, number of users, Workspaces, Bots, messages, Knowledge Base sources, Integrations, storage, available channels, access to the Desktop Application, technical support, security level or other elements of the Service.
3.
The scope of functions available under a given Plan may include in particular:
1. 1)
  
  access to specific Specteron modules and interfaces,
2. 2)
  
  the number of active Workspaces, team members, seats or sub-accounts,
3. 3)
  
  limits on messages, tickets, leads, forms, contacts, events, automations or other operations,
4. 4)
  
  limits on Bots, data sources, files, uploads, packages, integrations, webhooks or API queries,
5. 5)
  
  access to selected communication channels, Widget configuration, automation mechanisms, AI functions, Marketplace or the Desktop Application,
6. 6)
  
  the level or scope of technical support, SLA, onboarding, consultations or security functions.
4.

Information about Plans published in the Service, user panel, Price List or offer constitutes a functional and commercial description of a given Plan at the moment it is made available.
5.

The Service Provider may offer free Plans, Trial-based Plans, cyclically paid Plans, prepaid Plans for a fixed term, individually negotiated Plans and Plans made available as part of promotional campaigns or special offers.
6.
Access to some functions may depend not only on the active Plan, but also on:
1. 1)
  
  activation of a specific Add-on,
2. 2)
  
  the User's technical configuration,
3. 3)
  
  availability of Integrations or external services,
4. 4)
  
  payment status,
5. 5)
  
  permission level in the Workspace,
6. 6)
  
  separate enterprise terms or an individual offer.
7.

The Service Provider may introduce fair use limits, technical limits or security limits even if they have not been specified in detail in the Price List, if this is necessary to protect the infrastructure, ensure the stability of the Services, counter abuse or maintain the quality of the Services for other Users.
8.
If the User exceeds the limits assigned to a given Plan, the Service Provider may:
1. 1)
  
  block further use of the given function until the start of the next billing period,
2. 2)
  
  propose activation of an Add-on or a change of Plan,
3. 3)
  
  charge additional fees if such a billing model has been expressly provided for in the Price List or individual offer,
4. 4)
  
  temporarily limit operation of selected functions to the extent exceeding the limit.
9.

Under a given Plan, the User obtains a non-exclusive, non-transferable and time-limited right to access the Service within the scope provided for that Plan and only for the User's own use in accordance with the Terms and the intended purpose of the Service.
10.

Unless expressly stated otherwise, purchase of a Plan does not mean acquisition of ownership rights to Specteron software, source code, models, interfaces, system architecture, internal documentation or other elements constituting the Service Provider's intellectual property.
11.

The Service Provider may make beta, experimental, test or pre-production versions of selected functions available. Such functions may be subject to additional limitations, lower stability, lack of full compatibility or separate terms of use.
12.

If the terms of a given Plan result from an individual offer, order, enterprise agreement or Statement of Work, those terms prevail over the Price List and the Terms to the extent covered by the individual arrangement.

Section 12

§ 12. Prices, billing periods and payments

1.

Use of paid Plans, Add-ons, extended limits and other paid functions or Custom Services requires payment of the fees indicated in the Price List, offer, order or other binding information provided to the User before the Agreement is concluded.
2.

Prices may be presented as net or gross amounts in accordance with applicable law and taking into account the User's status and the nature of the offered Service. Unless stated otherwise, prices for Consumers are given as gross prices.
3.

The billing period may be monthly, annual or another, depending on the terms of a given Plan, Add-on or individual offer.
4.

Subscription fees are charged in advance for a given billing period unless the Price List, offer or individual arrangements of the Parties provide otherwise.
5.

Payments may be processed directly by the Service Provider or through Stripe or another external payment, settlement or invoicing operator.
6.

The User is obliged to ensure the correctness, up-to-dateness and validity of payment data necessary to handle the Subscription, including the payment card, account, billing details and other information required by the payment operator.
7.

In the case of recurring payments, the User consents to the recurring charging of the indicated payment method with the amounts resulting from the active Subscription in accordance with the selected billing period until the Subscription is effectively cancelled.
8.

The payment date is the day on which the payment is effectively recognised by the payment operator or the day on which funds are effectively collected from the User's payment method.
9.
If the payment is not successfully processed, the Service Provider may:
1. 1)
  
  retry charging the payment method,
2. 2)
  
  request the User to settle the receivable,
3. 3)
  
  limit access to paid functions,
4. 4)
  
  suspend the Subscription or Workspace until the arrears are settled,
5. 5)
  
  terminate the Agreement with respect to the paid Service after the ineffective expiry of an additional payment deadline.
10.

The User bears all fees, taxes, bank commissions, currency conversion costs, deductions and other charges related to the payment unless mandatory provisions of law provide otherwise.
11.

The Service Provider may issue invoices, bills or other settlement documents in electronic form and make them available to the User electronically or in the billing panel.
12.

The User is obliged to provide correct billing data necessary to issue an accounting document. The Service Provider is not liable for the consequences of incomplete, incorrect or outdated data.
13.

In the event of delay in payment, the Service Provider may pursue the receivable together with statutory interest for delay or statutory interest for delay in commercial transactions, depending on the nature of the legal relationship and applicable law.
14.

The Service Provider reserves the right to change the Price List for important reasons, in particular in the event of changes in operating costs, infrastructure costs, costs of external providers, the scope of Services, inflation indicators, exchange rates, public charges or the business model, with due respect for Users' acquired rights and applicable law.
15.

A change to the Price List does not affect a billing period paid in advance unless the User has expressly agreed to earlier application of the new terms.
16.

Any payment refunds, corrections, discounts, promotional coupons and special settlements are carried out in accordance with the terms of the given offer, applicable law and the payment operator's rules.
17.

In the event of a chargeback, unauthorised reversal of payment or another payment dispute, the Service Provider may temporarily restrict access to the Service until the matter is clarified if this is necessary to protect the Service Provider's legitimate interests or the security of settlements.

Section 13

§ 13. Add-ons and additional services

1.

The Service Provider may offer Add-ons and other additional services expanding the scope of functions of a given Plan, increasing limits or making non-standard, specialist or above-standard functions available.
2.
An Add-on may have the following nature:
1. 1)
  
  one-off,
2. 2)
  
  recurring,
3. 3)
  
  time-limited,
4. 4)
  
  quantity-based,
5. 5)
  
  project-based,
6. 6)
  
  activated at the level of the Account, Workspace, user, function or a specific environment.
3.

The scope, price, activation method, validity period and billing rules of an Add-on are defined in the Price List, user panel, offer or other terms presented to the User before purchase.
4.

Unless stated otherwise, an Add-on is activated after successful payment or after the order is confirmed by the Service Provider.
5.

An Add-on may be available only to Users using a specific Plan, a specific technical configuration or meeting additional conditions indicated by the Service Provider.
6.

An Add-on purchased on a recurring basis renews according to the rules applicable to the Subscription unless the terms of a given offer provide for a different billing model.
7.

A one-off Add-on remains valid for the period resulting from its nature, description of the offer or consumption of the specified limit unless expressly stated otherwise.
8.
Additional services may include in particular:
1. 1)
  
  increased usage limits,
2. 2)
  
  additional seats or team members,
3. 3)
  
  additional storage, messages, Bots, KB sources, webhooks or API usage,
4. 4)
  
  extended technical support, onboarding, training or consultations,
5. 5)
  
  additional security, reporting, branding, analytics or Integration modules,
6. 6)
  
  migration services, data import, configuration or implementation support, unless they constitute a separate Custom Service.
9.

To the extent not regulated differently, the provisions of the Terms concerning Subscription, payments, limitations of liability, rules of using the Services and changes to the offer apply accordingly to Add-ons.
10.

The Service Provider may withdraw an Add-on from the offer, subject to respect for the rights of Users who purchased it for an active and paid period, unless further provision is impossible for technical, legal or security-related reasons.

Section 14

§ 14. Plan changes, renewal and cancellation of the Subscription

1.

The User may change the Plan, activate or deactivate an Add-on, renew or cancel the Subscription to the extent made available by the Service Provider in the user panel, through the payment operator or in another way provided for the given offer.
2.
A Plan change may in particular consist in:
1. 1)
  
  switching to a higher Plan,
2. 2)
  
  switching to a lower Plan,
3. 3)
  
  changing the billing period,
4. 4)
  
  activating additional functions or Add-ons,
5. 5)
  
  switching from a Trial to a paid Plan.
3.
Unless otherwise stated in the Price List, user panel or offer:
1. 1)
  
  a change to a higher Plan may take effect immediately or as of the effective settlement of the surcharge,
2. 2)
  
  a change to a lower Plan may take effect from the beginning of the next billing period,
3. 3)
  
  cancellation of the Subscription takes effect at the end of the current paid billing period.
4.

In the event of a Plan change during the billing period, the Service Provider may apply proportional settlement, a billing credit, a surcharge, no refund or another billing model resulting from the Price List, billing panel or the payment operator's terms.
5.

The Subscription renews automatically for another billing period unless the User effectively cancels it before the end of the current billing period or the terms of the given Plan provide otherwise.
6.

The User may cancel the Subscription at any time with effect at the end of the current paid billing period unless the offer, promotional terms or a separate agreement provide for a minimum term or different cancellation rules.
7.

Cancellation of the Subscription does not automatically result in deletion of the Account unless the User also expressly requests deletion of the Account or Workspace.
8.
After the expiry, end or cancellation of the Subscription, the Service Provider may:
1. 1)
  
  limit access to paid functions,
2. 2)
  
  move the User to a free Plan if such a Plan is available,
3. 3)
  
  block the possibility of further use of part of the Services,
4. 4)
  
  limit access to data, export, Integrations or the Desktop Application,
5. 5)
  
  delete or archive some data after the expiry of retention periods indicated in the Terms, the Privacy Policy, documentation or an individual agreement.
9.

Unless mandatory provisions of law provide otherwise, fees for a started and paid billing period are not refundable solely because the User ceased using the Service before its expiry.
10.
The Service Provider may refuse a Plan change, Add-on activation or Subscription renewal if:
1. 1)
  
  the User is in arrears with payments,
2. 2)
  
  the Account or Workspace breaches the Terms,
3. 3)
  
  there is a risk of abuse, breach of security or circumvention of offer limitations,
4. 4)
  
  a given option is no longer offered,
5. 5)
  
  the change is technically impossible or requires separate arrangements.
11.

In the case of enterprise offers, Custom Services or individually negotiated plans, the rules of change, renewal or termination of the Subscription may result from a separate agreement, which prevails over this section.

Section 15

§ 15. Rules for using the Service

1.

The User is obliged to use the Service and the Services in accordance with their intended purpose, these Terms, applicable law, accepted standards of conduct, principles of fair dealing and with due respect for the rights of the Service Provider, other Users and third parties.
2.

The User may use the Service only to the extent to which the User is authorised on the basis of these Terms, the active Plan, the role in the Workspace, a separate offer or the Agreement.
3.
It is prohibited to use the Service in a manner that could:
1. 1)
  
  disrupt the operation of Specteron or IT infrastructure,
2. 2)
  
  violate the security, integrity, confidentiality or availability of data or systems,
3. 3)
  
  cause excessive load on the Service or services connected with it,
4. 4)
  
  violate the law, third-party rights or accepted standards of conduct,
5. 5)
  
  lead to circumvention of limits, safeguards, fees or rules of operation of the Service.
4.

The User is responsible for actions taken through the User's Account, Workspace, Integrations, Widgets, API keys, webhooks, devices and authentication data unless the User proves that they occurred solely for reasons attributable to the Service Provider.
5.

The User is obliged to update without delay the data required for proper provision of the Services and to take reasonable actions to secure the Account, Workspace, configurations and data.
6.
Without the prior consent of the Service Provider, the User may not:
1. 1)
  
  resell, sublicense, rent, lease or commercially make the Services available as the User's own service, except to the extent permitted by a given Plan or a separate agreement,
2. 2)
  
  copy, modify, translate, decompile, disassemble or attempt to obtain the source code of the Service unless mandatory provisions of law provide otherwise,
3. 3)
  
  use the Services to build a competing product based on direct copying of the Service Provider's solutions, architecture, interfaces or materials,
4. 4)
  
  use automated tools for mass downloading of data from the Service beyond the scope expressly permitted by the API documentation.
7.

The User is obliged to cooperate with the Service Provider to the extent necessary for proper provision of the Services, in particular by providing necessary information, responding to security communications and following justified technical recommendations.
8.

If the nature of the use of the Service requires obtaining consents, authorisations, legal bases, informing persons, meeting information obligations or concluding appropriate agreements with third parties, such obligation rests with the User.
9.

The User may not remove, obscure or modify legal, technical, identifying, branding or protective markings of the Service Provider unless the Service functionality or a separate agreement expressly permits it.
10.

Breach of the rules of using the Service may constitute grounds for restriction, suspension or termination of the Agreement in accordance with these Terms.

Section 16

§ 16. AI Services and limitations of AI-generated responses

1.

Selected Specteron functions use AI technologies, language models, automations, data processing rules, content classification, semantic search, recommendation mechanisms, answer generation or other solutions based on algorithmic data processing.
2.
The User acknowledges that answers, recommendations, hints, classifications, summaries, automations, search results, proposed content or other outputs generated by AI functions:
1. 1)
  
  may be incorrect, incomplete, outdated, misleading or inadequate in a specific case,
2. 2)
  
  may depend on the quality, completeness, lawfulness and timeliness of input data, configurations, prompts, KB sources and Integrations,
3. 3)
  
  do not replace the User's own judgement or professional analysis appropriate for a given field.
3.

The User is obliged to verify the results of AI operation each time before using them in operational activity, communication with customers, publications, business decisions, legal, financial, medical, HR, technical or other actions that may produce effects towards third parties.
4.
Unless expressly agreed otherwise in writing, the Service Provider does not guarantee:
1. 1)
  
  a specific accuracy, completeness or effectiveness of AI responses,
2. 2)
  
  obtaining specific business, sales, organisational or operational results,
3. 3)
  
  full consistency of the output with the User's expectations,
4. 4)
  
  uninterrupted availability of a specific model, AI provider or experimental function.
5.

The Service does not constitute legal, tax, financial, investment, medical, psychological, HR or other regulated advice, and generated content should not be treated as the sole basis for decision-making in such matters.
6.

The User is responsible for the way outputs generated by AI are used, including their publication, transfer to third parties, implementation, automatic use or use as a basis for the User's own decision-making processes.
7.

The Service Provider may use models or infrastructure of third parties and reserves that the availability, quality, delays or limitations of selected AI functions may depend on those entities.
8.

The Service Provider may mark selected AI functions as beta, experimental, test or unstable and may also limit their use, availability or scope in order to protect security, the quality of the Services or compliance with law.

Section 17

§ 17. Prohibited uses and prohibited activities

1.

It is prohibited to use the Service and the Services in a manner contrary to law, these Terms, accepted standards of conduct, principles of social coexistence or the justified purpose and intended use of Specteron.
2.
In particular, it is prohibited to:
1. 1)
  
  use the Services for fraud, phishing, impersonation of other persons or entities, extortion of data, spam, sending unsolicited commercial communications or conducting misleading activities,
2. 2)
  
  use the Services to create, store, process, publish or distribute unlawful, offensive, defamatory content or content infringing personal rights, copyrights, industrial property rights, trade secrets or other third-party rights,
3. 3)
  
  attempt to circumvent safeguards, limits, authorisation mechanisms, billing mechanisms or security policies,
4. 4)
  
  conduct penetration testing, scanning, reverse engineering, automated exploration or disruption of the Service without the prior express consent of the Service Provider,
5. 5)
  
  use the Services to store, transfer or distribute malicious software, security-breaching code, viruses, ransomware, exploits or other harmful components,
6. 6)
  
  use Specteron for activities infringing data protection laws, secrecy of communications, consumer rights, telecommunications law, copyright or other regulations applicable to the User's activity,
7. 7)
  
  use the Services to create, promote or automate activities that may cause harm to third parties.
3.
Without the prior express consent of the Service Provider, it is prohibited to use the Services in high-risk applications, in particular:
1. 1)
  
  for making medical diagnoses or therapeutic decisions,
2. 2)
  
  for making automated credit, insurance or investment decisions with significant effects for natural persons,
3. 3)
  
  for making HR, recruitment or disciplinary decisions solely on the basis of AI results,
4. 4)
  
  for applications related to public safety, rescue, critical infrastructure, defence systems or other areas in which an error may lead to harm to persons, property or fundamental rights.
4.

It is prohibited to use the Service in a manner infringing the terms of external providers with which Specteron integrates if the User uses such providers through the Service.
5.

The User may not use Specteron for activities that could expose the Service Provider to legal, regulatory, financial or reputational liability.
6.

In the event of establishing or reasonably suspecting a breach of this section, the Service Provider may take measures provided for in these Terms, including restricting, suspending or terminating the provision of the Services, removing specific content or blocking access to selected functions.

Section 18

§ 18. Knowledge Base, file uploads and User Content

1.

The User may use the Knowledge Base by adding, uploading, importing, linking or indicating content, documents, files, websites, data or other materials for use within Specteron functions, in particular for Bots, automations, search, indexing or AI responses.
2.
The User bears sole responsibility for User Content entered into the Knowledge Base or otherwise processed using the Service, in particular for:
1. 1)
  
  its lawfulness,
2. 2)
  
  its truthfulness and timeliness where relevant for the use of the Service,
3. 3)
  
  possessing rights, consents, licences, authorisations or another legal basis for its use,
4. 4)
  
  compliance of its processing with the law and third-party rights.
3.

The User may not upload, import, store or process User Content using the Service if its use infringes the law, these Terms or third-party rights.
4.

The User acknowledges that the quality of responses, classifications, search or other results generated by Specteron may depend on the quality, completeness, structure and timeliness of the content provided to the Knowledge Base.
5.

Unless expressly stated otherwise, the Service Provider does not verify the substance of content uploaded by the User and does not assume responsibility for its compliance with law, third-party rights or the User's intended business purpose.
6.

To the extent necessary for providing the Service, the User grants the Service Provider a non-exclusive, royalty-free authorisation or licence, territorially limited to the technically necessary scope, to store, technically copy, index, process, format, analyse and use User Content solely for the purpose of performing Service functions, maintaining infrastructure, ensuring security, creating backups and performing the Agreement.
7.

The User is obliged to assess independently whether specific content should be placed in the Knowledge Base, taking into account its confidentiality, business sensitivity, legal requirements, contractual restrictions and risks related to its processing.
8.

If the Service Provider receives credible information or has justified suspicion that specific content infringes law, these Terms, the security of the Service or third-party rights, the Service Provider may take protective measures, including temporarily blocking access to such content, restricting its processing or deleting it where necessary and proportionate.
9.

The User is responsible for creating the User's own backup copies of User Content unless a different obligation expressly results from the Plan, documentation or a separate Agreement.
10.

Detailed limits regarding file sizes, the number of sources, data formats, synchronisation frequency, retention or available upload methods may result from the Price List, technical documentation, user panel or the active Plan.

Section 19

§ 19. Third-party data and User responsibility for data

1.

If the User enters into Specteron personal data, contact data, communication content, customer data, employee data, contractor data or other information relating to third parties, the User is responsible for the compliance of such action with the law and for having an appropriate legal basis for its use.
2.

The User is obliged to fulfil independently all legal obligations related to data entered into the Service, in particular information obligations, obligations arising from personal data protection regulations, confidentiality obligations and obligations arising from agreements concluded with third parties.
3.

The User may not use Specteron to process third-party data in a manner exceeding the scope permitted by law, these Terms, the Privacy Policy, documentation or separate arrangements of the Parties.
4.

The User is responsible for the correctness, adequacy, data minimisation, lawfulness and security of the data that the User enters into the Service or transfers for processing using Specteron.
5.

If the nature of the use of the Service causes the Service Provider to process personal data on behalf of the User, the rules of such processing may be additionally defined in a separate data processing agreement or another document appropriate for the relationship of the Parties.
6.
The User is obliged to refrain from entering into the Service special categories of personal data, data relating to criminal convictions and offences or other data with an increased risk level unless:
1. 1)
  
  it is necessary for the lawful purpose of the User,
2. 2)
  
  the User has an explicit and sufficient legal basis for processing such data,
3. 3)
  
  the required safeguards and conditions have been agreed in advance with the Service Provider or result from the active Plan or a separate Agreement.
7.

If claims, requests, proceedings or inquiries from authorities are directed to the Service Provider in connection with data entered by the User, the User is obliged to cooperate with the Service Provider to the extent necessary to clarify the matter, if legally permissible.
8.

The User bears responsibility for the effects of using third-party data within AI functions, automations, communication, forms, Widgets, Integrations, Marketplace or other Specteron functions.

Section 20

§ 20. Widget, integrations, API, webhooks and Desktop Application

1.

Within Specteron, the Service Provider may make available the Widget, Integrations, API, webhooks, the Desktop Application and other communication and data exchange mechanisms used to expand Service functionality and connect it with the User's environment or third-party services.
2.
Use of the Widget, Integrations, API, webhooks or the Desktop Application may require:
1. 1)
  
  an active Account, Workspace or a specific Plan,
2. 2)
  
  proper technical configuration,
3. 3)
  
  an active service with a third party,
4. 4)
  
  acceptance of additional technical or legal terms.
3.

The User is responsible for proper configuration, deployment, embedding, use and securing of the Widget, Integrations, webhooks, API keys, tokens, secrets, domains, inboxes, communication channels and other elements configured on the User's side.
4.

The User is obliged to protect access data, API keys, authorisation tokens, webhook secrets and other data enabling access to external or internal Specteron resources.
5.

The Service Provider may introduce technical limits concerning API, webhooks, Integrations, the number of calls, throughput, the number of endpoints, retention time, available methods or other technical parameters.
6.

Integrations with third-party services operate within a scope dependent on the availability, technical compatibility, policies and terms of such providers. The Service Provider is not responsible for interruptions, errors, changes, limitations or discontinuation of external services unless mandatory provisions of law provide otherwise.
7.

The Service Provider may temporarily or permanently limit, change, withdraw or replace a specific Integration, API method, webhook, endpoint or Desktop Application function if justified by technological changes, security, requirements of an external provider, legal changes or the development of Specteron.
8.

The User may not use API, webhooks, Integrations or the Desktop Application in a manner causing excessive load on the infrastructure, infringing security, bypassing limits, leading to mass scraping, unauthorised data collection or infringement of third-party rights.
9.

The Desktop Application is part of the Specteron ecosystem and may be made available only within the scope resulting from the active Plan, documentation or a separate offer. Its use may require periodic updates, maintenance of environmental compatibility or fulfilment of additional security conditions.
10.

Unless expressly stated otherwise, the Service Provider does not guarantee compatibility of the Service with all environments, frameworks, browsers, operating systems, devices, integrations or software versions used by the User.
11.

The User acknowledges that incorrect configuration of the Widget, Integrations, API, webhooks or the Desktop Application may lead to incorrect operation of the Service, loss of part of the functionality, delays, communication errors or exposure of data, for which the Service Provider is not responsible if the cause lies on the side of the User or an external provider.
12.

To the extent not regulated differently, the remaining provisions of these Terms, technical documentation, the Price List, security terms and individual arrangements of the Parties apply accordingly to the use of the Widget, Integrations, API, webhooks and the Desktop Application.

Section 21

§ 21. Custom AI, implementation and consulting services

1.

The Service Provider may provide Users with Custom Services, in particular custom AI, implementation, consulting, integration, analytical, design, configuration, training, programming or advisory services related to the use of Specteron or other technological solutions.
2.

As a rule, Custom Services do not constitute an element of the standard Subscription unless expressly stated otherwise in the Price List, offer, Plan, order or separate Agreement.
3.

Custom Services are performed on the basis of separate arrangements between the Parties, in particular an offer, order, schedule, specification, Statement of Work, terms of cooperation, correspondence accepted by the Parties or a separate Agreement.
4.
The scope of Custom Services may in particular include:
1. 1)
  
  designing and implementing dedicated AI solutions,
2. 2)
  
  building automations, workflows, integrations and system connections,
3. 3)
  
  configuration of Bots, Workspaces, communication channels, Widgets, knowledge bases and operating models,
4. 4)
  
  data migration, imports, process mapping and environment configuration,
5. 5)
  
  strategic, operational, technical or product consultations,
6. 6)
  
  programming, configuration or implementation work performed for the User.
5.

Unless the Parties expressly agree otherwise, Custom Services are intended exclusively for Entrepreneurs.
6.

The Service Provider performs Custom Services with due professional care, taking into account the nature of the project, the User's cooperation, the quality of materials provided by the User and technological and organisational limitations.
7.

The User is obliged to cooperate in the performance of Custom Services to the extent necessary for their proper completion, in particular by timely providing information, materials, access, decisions, approvals and answers to the Service Provider's questions.
8.

If required by the nature of a Custom Service, the Parties may agree on implementation stages, milestones, sprints, partial acceptances, tests, deadlines for comments, escalation rules and post-implementation support terms.
9.

Unless expressly reserved otherwise, the Service Provider does not guarantee the achievement of a specific business, economic, legal or organisational result in connection with the performance of Custom Services.
10.

In the event of a conflict between these Terms and individual arrangements concerning Custom Services, those individual arrangements prevail to the extent that they relate to the specific service.

Section 22

§ 22. Pricing and performance rules for Custom Services

1.

The remuneration for Custom Services is determined individually each time unless a separate price list or package has been published for a given type of service.
2.
Pricing of Custom Services may take the form of:
1. 1)
  
  lump-sum pricing,
2. 2)
  
  hourly pricing,
3. 3)
  
  subscription pricing,
4. 4)
  
  stage-based pricing,
5. 5)
  
  mixed pricing,
6. 6)
  
  pricing based on the agreed scope of work, limits, resources or intermediate outcomes.
3.
Unless agreed otherwise, all completion deadlines are estimates and may change in particular in the event of:
1. 1)
  
  delays in providing materials or access by the User,
2. 2)
  
  changes in the scope of work,
3. 3)
  
  technical, organisational or legal obstacles,
4. 4)
  
  dependencies on services or decisions of third parties,
5. 5)
  
  Force Majeure.
4.

A change in the scope of Custom Services may result in a change in remuneration, schedule, scope of liability, number of stages or method of performance if it affects the workload, complexity of the project or costs on the side of the Service Provider.
5.

Unless the Parties agree otherwise, the User is obliged to accept the results of Custom Services or submit justified comments within the period indicated by the Parties or, in the absence of such a period, without delay, but no later than within 7 Business Days from the date on which they are made available for acceptance.
6.

Failure to submit justified comments within the period referred to in paragraph 5 may be treated as acceptance of a given stage or result if the Parties have so agreed or the nature of the cooperation indicates this.
7.

The User is not entitled to refuse payment of remuneration solely because the result of a Custom Service requires further optimisation, tuning or development work if the completed scope corresponds to the agreed scope of work.
8.

If performance of a Custom Service requires the use of tools, licences, infrastructure, data, accounts, access to environments or services of third parties, the costs of such elements may be borne by the User if this results from the offer, Agreement or arrangements of the Parties.
9.

Unless agreed otherwise, remuneration for Custom Services is payable on the basis of an invoice or another settlement document within the deadline indicated in the offer, Agreement or accounting document.
10.

To the extent not regulated individually, the provisions of these Terms concerning prices, payments and liability apply accordingly to pricing, payments and settlements for Custom Services.

Section 23

§ 23. Marketplace and publishing packages

1.

The Service Provider may make the Marketplace available as a space for presenting, installing, publishing, sharing, offering or using packages, templates, integrations, workflows, configurations, components, extensions, materials or other digital resources related to Specteron.
2.

The Service Provider may specify separate terms of publication, moderation, distribution, monetisation, licensing, updates or removal of packages in the Marketplace.
3.

Publishing packages in the Marketplace may be available only to Users meeting the requirements specified by the Service Provider, in particular those having an appropriate Plan, account status, verification status or entrepreneur status.
4.
A User publishing a package in the Marketplace declares and warrants that:
1. 1)
  
  the User has all rights, consents, licences and authorisations necessary to publish and make the package available,
2. 2)
  
  the content of the package and related materials comply with the law, these Terms and third-party rights,
3. 3)
  
  the package does not contain malicious software, hidden harmful functions, elements infringing security or components used for unauthorised data acquisition.
5.

The User publishing a package bears full responsibility for its content, operation, lawfulness, compliance with the description, updates, security and consequences of its use by other Users, subject to mandatory provisions of law.
6.

Unless agreed otherwise, publication of a package in the Marketplace means granting the Service Provider a non-exclusive, free-of-charge or paid, according to the conditions of a given offer, authorisation or licence to host, present, index, promote, technically copy, distribute and make the package available to the extent necessary to operate the Marketplace.
7.
The Service Provider may moderate the Marketplace and, in particular, reject publication, suspend availability, mark a package, require changes, limit visibility or remove a package if:
1. 1)
  
  it violates the law, these Terms or third-party rights,
2. 2)
  
  it poses a threat to the security of Specteron or Users,
3. 3)
  
  it does not meet technical or quality requirements,
4. 4)
  
  it contains misleading information,
5. 5)
  
  it is not maintained or causes recurring technical problems.
8.

The Service Provider is not a party to the legal relationship between Users to the extent that the Marketplace is used to present or make available packages published by other Users, unless expressly stated otherwise.
9.

Unless mandatory provisions of law provide otherwise, the Service Provider does not guarantee that packages published by Users will operate without errors, comply with their description, be maintained or be fit for a particular purpose of the User.
10.

Detailed rules regarding fees, commissions, payouts, settlements, updates, support and removal of packages may be set out in separate Marketplace terms.

Section 24

§ 24. Intellectual property rights

1.

All intellectual property rights to Specteron, the Service, software, source code and object code, interfaces, databases, system architecture, documentation, graphic materials, names, markings, trademarks, logos, marketing content, know-how, technical solutions, operating models, functional layouts and other elements constituting components of the Service belong to the Service Provider or the relevant third parties and are protected by law.
2.

The User obtains only such rights to use the Service as expressly result from the Terms, the active Plan or a separate Agreement. No provision of these Terms transfers to the User any intellectual property rights to Specteron unless the Parties expressly decide otherwise.
3.

Unless the Terms or a separate Agreement provide otherwise, the User retains rights to User Content supplied by the User to the Service, subject to the rights necessary to perform the Agreement granted to the Service Provider in accordance with the Terms.
4.

If dedicated works, code elements, integrations, materials, configurations, documentation or other work products are created within Custom Services, the rules for acquisition of rights, licences, fields of exploitation, restrictions on use and the moment of transfer of rights are defined in a separate Agreement or offer. In the absence of different arrangements, it is assumed that the User receives a non-exclusive licence to use the results to the extent necessary for the purpose for which they were created.
5.

The Service Provider retains rights to all general elements, libraries, frameworks, methodologies, know-how, tools, base modules, architectural patterns, templates, algorithms, models and solutions of a universal nature or independent of a specific User, even if they were used in the performance of Custom Services.
6.

The User is not entitled to remove copyright notices, trademarks, manufacturer markings or other protective markings related to the Service unless a separate Agreement provides otherwise.
7.

In the event of claims concerning infringement of intellectual property rights related to User Content, a Marketplace package, materials provided by the User or the manner in which the User uses the Service, liability in this respect is borne by the User unless the claim results solely from culpable action of the Service Provider.
8.

The User grants the Service Provider consent to use the User's name, logo or information about cooperation only within the scope and on the terms expressly agreed by the Parties or resulting from separate marketing consent, if granted.

Section 25

§ 25. Liability of the Service Provider

1.

The Service Provider is liable for proper provision of the Services in accordance with the Terms, a separate Agreement and mandatory provisions of law.
2.

Towards Consumers and Business Users with consumer rights, the Service Provider bears liability to the extent resulting from applicable law, in particular regulations concerning digital services, conformity of the service with the Agreement and consumer rights.
3.
Towards Entrepreneurs, subject to mandatory provisions of law:
1. 1)
  
  the Service Provider's liability for lost profits is excluded,
2. 2)
  
  the Service Provider's liability for indirect, consequential, special damages, loss of data, loss of customers, loss of reputation, loss of revenue or operational interruptions is excluded to the extent permitted by law,
3. 3)
  
  the aggregate liability of the Service Provider under one Agreement may not exceed the amount of remuneration actually paid by the User for the 3 months preceding the event giving rise to the claim and, if the Agreement lasted for a shorter period, the amount actually paid for the entire duration of the Agreement.
4.

The limitations of liability provided for in paragraph 3 do not apply in the case of damage caused intentionally.
5.
The Service Provider is not liable for:
1. 1)
  
  content, data and materials provided by the User or third parties,
2. 2)
  
  the effects of decisions made by the User based on AI answers, automations, recommendations, analyses or other outputs generated by the Service,
3. 3)
  
  interruptions, errors, difficulties or lack of availability resulting from the operation of external services, infrastructure providers, payment operators, Integrations, telecom operators or hosting, if the cause lies outside the reasonable control of the Service Provider,
4. 4)
  
  improper configuration, implementation or security on the User's side,
5. 5)
  
  the effects of using the Service in a manner contrary to the Terms, law, documentation or the intended purpose of the functions.
6.

The Service Provider is not liable for failure by the User to achieve assumed business, sales, organisational, marketing or technological results unless the Service Provider expressly accepted such an obligation in a separate Agreement.
7.

No provision of these Terms excludes or limits the liability of the Service Provider to the extent that such exclusion or limitation would be impermissible under law.

Section 26

§ 26. User liability

1.

The User bears responsibility for using the Service and the Services in accordance with law, these Terms, a separate Agreement and the intended purpose of the Service.
2.
The User is responsible for:
1. 1)
  
  the truthfulness, completeness and timeliness of the data provided in connection with the use of the Service,
2. 2)
  
  actions taken through the Account, Workspace, Integrations, Widgets, API keys, webhooks and access data,
3. 3)
  
  User Content and data entered into Specteron,
4. 4)
  
  the lawfulness and legal basis for processing third-party data,
5. 5)
  
  compliance of the User's actions with regulations concerning data protection, electronic communications, copyright, consumer rights, advertising, marketing and other regulations applicable to the User's activity.
3.

If the User invites other persons to the Workspace or uses a team, co-workers, administrators or operators, the User is responsible for organising permissions, access security and actions of such persons within the scope assigned to the User's Workspace, unless the User proves that the damage arose solely due to the fault of the Service Provider.
4.
The User is obliged to release the Service Provider from liability and repair damage suffered by the Service Provider if a claim of a third party, authority or another entity is related to:
1. 1)
  
  User Content,
2. 2)
  
  a package published by the User in the Marketplace,
3. 3)
  
  use of third-party data without a legal basis,
4. 4)
  
  use of the Service in breach of law, these Terms or third-party rights,
5. 5)
  
  breach by the User of the terms of external providers used by Specteron.
5.

The User is responsible for ensuring compliance of the User's activity, processes and communications carried out with the use of Specteron with the requirements applicable to the User's industry, jurisdiction, customer relationships and the type of data processed.
6.

In the case of Entrepreneurs, the User's liability towards the Service Provider also includes the Service Provider's lost profits if the damage remains in an adequate causal relationship with the breach by the User and is permissible under applicable law.

Section 27

§ 27. Suspension, restriction or closure of the Account

1.
The Service Provider may limit functionality, suspend the Account, Workspace, Subscription, Add-on, Integration, Widget, access to the Marketplace or other Service elements if:
1. 1)
  
  the User breaches the Terms, a separate Agreement or the law,
2. 2)
  
  there is justified suspicion of a security breach, abuse, fraud, phishing, spam, circumvention of limits or unauthorised access,
3. 3)
  
  the User is in arrears with payments,
4. 4)
  
  the User's actions create a threat to the stability, availability, integrity or security of Specteron or other Users,
5. 5)
  
  this follows from law, a decision of an authority or a justified request of an authorised entity,
6. 6)
  
  the User uses the Service in prohibited or high-risk applications without the Service Provider's prior consent.
2.

Where possible and consistent with security, the Service Provider will inform the User of the reason for the applied restriction, suspension or closure of the Account.
3.

The Service Provider may request the User to remove breaches, update data, change configuration, remove specific content or provide explanations within a specified period.
4.

In the event of ineffective expiry of the period referred to in paragraph 3 or in the case of a serious, repeated or materially risky breach, the Service Provider may terminate the Agreement with immediate effect or close the Account or Workspace.
5.
The User may at any time request deletion of the Account or Workspace, subject to:
1. 1)
  
  prior settlement of outstanding receivables,
2. 2)
  
  completion of active contractual obligations,
3. 3)
  
  retention obligations arising from law, security, settlements, defence against claims or technical service closure processes.
6.

Closure of the Account or Workspace does not release the User from the obligation to pay receivables arising before the date of their effective closure.
7.

After the Agreement ends, the Service Provider may retain certain data for the period necessary to perform legal obligations, settlements, security, complaint handling, defence against claims or in accordance with the Privacy Policy and documentation.
8.

Unless otherwise required by applicable law, the Plan, documentation or an individual Agreement, the User should independently secure and export the required data before closing the Account or Workspace.

Section 28

§ 28. Complaints

1.

The User may submit complaints concerning operation of the Services, settlements, availability, conformity of the service with the Agreement or other matters related to the performance of these Terms.
2.

A complaint may be submitted electronically to the e-mail address indicated by the Service Provider for complaint handling or in another manner made available by the Service Provider in the Service.
3.
A complaint should contain at least:
1. 1)
  
  data identifying the User,
2. 2)
  
  a description of the problem or non-conformity,
3. 3)
  
  where possible, the date on which the problem occurred,
4. 4)
  
  the User's request, if specified.
4.

The Service Provider may request the User to supplement the information necessary to consider the complaint if its absence prevents a substantive examination.
5.

The Service Provider will consider the complaint within 14 days from the date of its receipt and, if the matter is particularly complex and requires additional findings, will inform the User of the reasons for the delay and the expected date of response.
6.

Towards Consumers and Business Users with consumer rights, the Service Provider bears liability for conformity of the digital Service with the Agreement to the extent resulting from applicable law.
7.

If the digital Service is not in conformity with the Agreement, the Consumer or Business User with consumer rights may exercise the rights provided for by applicable law, including requesting that the Service be brought into conformity with the Agreement, a price reduction or withdrawal from the Agreement if statutory conditions are met.
8.

In relations with Entrepreneurs, unless a separate Agreement provides otherwise, complaints are considered with regard to the Terms, B2B cooperation rules and the technical nature of the Service.
9.

Submission of a complaint does not release the User from the obligation to timely settle undisputed amounts due.
10.

A Consumer may use out-of-court complaint handling and redress procedures if provided for by applicable law.

Section 29

§ 29. Consumer right of withdrawal

1.

A Consumer and a Business User with consumer rights who concluded an Agreement at a distance has the right to withdraw from it within 14 days without giving any reason, subject to exceptions provided for by applicable law.
2.

The period for withdrawal from the Agreement runs from the date of conclusion of the Agreement.
3.

To meet the deadline, it is sufficient to send the withdrawal statement before its expiry.
4.
A withdrawal statement may be submitted:
1. 1)
  
  electronically to the Service Provider's e-mail address,
2. 2)
  
  in writing to the Service Provider's correspondence address,
3. 3)
  
  using the model withdrawal form, if made available by the Service Provider, provided that use of the form is not mandatory.
5.

If the Consumer or Business User with consumer rights requests commencement of the Service before the expiry of the withdrawal period, the Consumer or such Business User acknowledges that in cases provided for by law the right of withdrawal may be lost after full performance of the Service or payment may be due for services performed until withdrawal, in accordance with applicable law.
6.

In the event of effective withdrawal from the Agreement, it is deemed not to have been concluded, subject to the effects provided by law for performances rendered before withdrawal.
7.

Refund of payments is made without undue delay, no later than within 14 days from receipt of the withdrawal statement, subject to cases in which the law allows a reduction of the refund amount or the request for payment for services performed until withdrawal.
8.

Refund is made using the same payment method used by the Consumer unless the Consumer expressly agrees to another method that does not involve any additional costs for the Consumer.
9.

The provisions of this section do not exclude or limit the rights of the Consumer or Business User with consumer rights arising from mandatory provisions of law.

Section 30

§ 30. Personal data and the Privacy Policy

1.

The rules of processing personal data related to the use of the Service and the Services are set out in the Privacy Policy made available by the Service Provider in the Service.
2.
The Privacy Policy includes in particular information concerning:
1. 1)
  
  the controller of personal data,
2. 2)
  
  the purposes and legal bases of processing,
3. 3)
  
  recipients of data,
4. 4)
  
  storage periods,
5. 5)
  
  the rights of data subjects,
6. 6)
  
  the rules of using cookies and similar technologies,
7. 7)
  
  contact details for matters related to data protection.
3.

To the extent that the Service Provider processes personal data on behalf of the User, the Parties may conclude a separate data processing agreement or accept another appropriate document governing the rules of such processing.
4.

The User is obliged to use the Services in a manner consistent with personal data protection, privacy, electronic communications and other regulations applicable to the User's activity.
5.

In the event of a discrepancy between the Terms and the Privacy Policy, the provisions of the Privacy Policy prevail to the extent concerning the rules of personal data processing unless mandatory provisions of law provide otherwise.

Section 31

§ 31. Amendments to the Terms

1.
The Service Provider may amend the Terms for important reasons, in particular in the event of:
1. 1)
  
  changes in the law or the manner of its interpretation,
2. 2)
  
  the need to adapt the Terms to technological, organisational or security changes,
3. 3)
  
  development, change, withdrawal or extension of the Services,
4. 4)
  
  changes in the business model, billing model or method of providing the Services,
5. 5)
  
  the need to clarify the provisions of the Terms.
2.

The User will be informed of an amendment to the Terms by publication of a new version in the Service, a message in the user panel, an e-mail message or another customary communication channel.
3.
An amendment to the Terms enters into force on the date indicated by the Service Provider, not shorter than 7 days from the date of its announcement, unless:
1. 1)
  
  mandatory provisions of law require a different period,
2. 2)
  
  the amendment is solely technical, editorial or beneficial to the User,
3. 3)
  
  the need to introduce the amendment immediately results from a legal obligation or the security of the Services.
4.
Agreements concluded before the entry into force of the new Terms are governed by the Terms in force at the time of conclusion of the Agreement unless:
1. 1)
  
  the new Terms are more favourable to the User,
2. 2)
  
  the User accepts the new Terms,
3. 3)
  
  application of the new Terms results from mandatory provisions of law or the continuous nature of the Service.
5.

If the User does not accept an amendment to the Terms concerning a Service provided on a continuous basis, the User may terminate the Agreement or resign from the Service in accordance with the rules resulting from the Terms, the Price List or a separate Agreement, subject to obligations resulting from law and already started billing periods.

Section 32

§ 32. Final provisions

1.

These Terms are governed by Polish law, provided that this does not deprive a Consumer or a Business User with consumer rights of the protection granted under mandatory provisions of law.
2.

Matters not regulated in these Terms shall be governed by the relevant provisions of Polish law, in particular the Civil Code, the Act on the provision of electronic services, the Act on consumer rights and regulations concerning personal data protection and digital services.
3.

If any provision of the Terms proves invalid, ineffective or unenforceable, this does not affect the validity of the remaining provisions unless the circumstances indicate that without such provision the Terms would not have been adopted.
4.

The Terms are drawn up in Polish. The Service Provider may also make foreign-language versions available; however, in the event of interpretative discrepancies and unless mandatory provisions of law provide otherwise, the Polish version prevails.
5.

A User who is a Consumer may use out-of-court complaint handling and redress procedures in accordance with applicable law.
6.

Any disputes between the Service Provider and an Entrepreneur arising from the Terms or the Agreement shall be settled by the court having local jurisdiction for the seat of the Service Provider unless mandatory provisions of law provide otherwise or the Parties agree on another competent forum.
7.

These Terms enter into force on: [EFFECTIVE DATE].
8.
Before production publication, the Terms require completion in particular as regards:
1. 1)
  
  the Service Provider's identifying details,
2. 2)
  
  contact and complaint addresses,
3. 3)
  
  the effective date,
4. 4)
  
  a model withdrawal form, if applicable,
5. 5)
  
  references to the final Privacy Policy, Price List, DPA and other accompanying documents.

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Terms of Service