Terms of Service

1. Definitions

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

  1. Terms of Service (or Terms) — these terms of service,
  2. Service Provider — the company Bizautomat P.S.A. with its registered office in Poznan at os. Jana III Sobieskiego 40 / 2N, 60-668 Poznan, Poland, entered in the register of entrepreneurs maintained by the District Court in Poznan, 8th Commercial Division of the National Court Register under KRS number: 0001223323, REGON: 543965352, NIP (Tax ID): 9721375723, hereinafter referred to as Bizautomat or the Service Provider,
  3. Client — a customer using the Services provided by the Service Provider on the terms set out in these Terms. The Client is an entrepreneur conducting business activity in their own name. The Client may be a natural person, a legal entity, or an organisational unit without legal personality to which a separate statute grants legal capacity,
  4. User — a person authorised to represent the Client, using the Application via a Stripe account linked to the Installation,
  5. s2ksef.com System (or System, Platform) — the information system of the website at https://service-live.s2ksef.com/ and the Application available on the Stripe App Marketplace,
  6. Application — the s2ksef application installed from the Stripe App Marketplace, constituting a modern IT tool made available for a fee by the Service Provider,
  7. Installation — the installation of the Application on the Client's Stripe account via the Stripe App Marketplace and the authorisation of the connection (Stripe OAuth). The Installation constitutes the moment of commencement of use of the Platform and is equivalent to the identification of the Client in the System,
  8. Services — services provided by the Service Provider via the Platform,
  9. Service Package — a group of specific Services offered by the Service Provider via the Platform,
  10. Agreement — the legal relationship between the Service Provider and the Client, under which the Service Provider provides Services to the Client,
  11. Trial Period — a period of up to 14 days from the date of Installation, during which the User is entitled to free use of selected (basic) Services, intended for familiarisation with the functionality of the Platform,
  12. Subscription Period — the period for which the Services are made available to the Client, not exceeding the period specified in the Price List and the specification of the given Service,
  13. Subscription Fee — a fee paid by the Client for the use of Services, determined in accordance with the Price List in effect at the time of ordering the given Services. The Subscription Fee is payable in advance,
  14. Price List — a section within the Platform containing information on the amounts of Subscription Fees for the use of specific Services and Service Packages,
  15. Stripe Customer Portal — a panel for managing the Client's subscription and billing data, provided by Stripe, Inc.,
  16. Application Settings (AppSettings) — a configuration section of the Application available after Installation, enabling the User to adjust the operating parameters of the Service.

2. General provisions

  1. These Terms define the rules for the provision of Services by the Service Provider via the System, the rules for the use of Services, and the rules for the protection of personal data of Clients and Users who are natural persons.
  2. Users are required to familiarise themselves with these Terms before commencing use of the System.
  3. Services are provided electronically to Clients. The provision of Services takes place under the Agreement concluded in accordance with these Terms.
  4. The Client declares that the use of the Service is of a professional nature and is strictly related to the nature of their business activity.
  5. The System made available to the Client, together with all its functions, constitutes a whole, and there is no possibility of customising it by disabling individual functions or opting out of selected features. The content of the System's functions is determined by the Service Provider.
  6. The Service Provider reserves the right to change the functionality of the Platform at any time; such changes do not constitute amendments to these Terms.

3. Types and scope of services

  1. Services are provided to Clients via the System.
  2. The Service Provider undertakes to provide Clients with Services, which in general terms consist of:
    1. making the Application available to the Client, enabling them to perform activities related to the collection and processing of data, generation of data and documents,
    2. storing data entered by the Client in the Platform in accordance with these Terms,
    3. updating the Platform in a manner enabling Clients to use it in accordance with its intended purpose and the mandatory provisions of Polish law,
    4. archiving data and protecting it against loss,
    5. providing the Client with additional tools to enable the use of Services in accordance with their intended purpose and to ensure the proper provision of Services.
  3. Specific Services have been grouped by the Service Provider into Service Packages. Current Service Packages and their fees are displayed in the Price List. Changes to the scope of Service Packages and their prices do not constitute amendments to these Terms.
  4. Except for the Trial Period, the Service Provider provides Services for a fee.
  5. Except for the Trial Period, the commencement of provision of Services to the Client shall occur after the Client has paid the Subscription Fee.
  6. Services are provided in Subscription Periods. If the Subscription Period is not renewed in accordance with Section 8, the Client's access to Services shall expire together with all purchased Add-ons, regardless of the extent of their use by the Client.
  7. As part of the Services, the Service Provider may provide informational content containing redirects to external services in accordance with these Terms. The Service Provider shall not be liable for content made available on external services, and the Client and User are obliged to comply with the terms of service of the respective external service.

4. Technical requirements and installation

  1. Access to the Platform's Services is available from the Stripe Dashboard (stripe.com) after installing the Application. The use of up-to-date versions of web browsers is recommended.
  2. The condition for commencing use of the Platform is the Installation of the Application from the Stripe App Marketplace and the authorisation of the connection (Stripe OAuth) in accordance with the instructions displayed during the installation process.
  3. The Client's identification in the System is based on the Stripe account linked to the Installation. The Client does not create a separate account or password within the Platform — authentication is carried out through Stripe's mechanisms.
  4. For the proper functioning of the Platform, data entered by the User should be accurate and truthful. Before using the Platform's services, the User should each time take all required adaptation, configuration, and verification steps, including in particular with regard to verifying the applicable legal status and the obligations incumbent on the User. Proper use of the Services by the User should consist of appropriate processing, supplementation, and adjustment of the given element of the Service depending on the User's individual needs, the nature, circumstances, and conditions of the factual or legal action they intend to perform or are performing, as well as the purposes and effects they expect to achieve. The User should in each case also verify the completeness and accuracy of data entered into the product against the actual state of affairs and applicable legal provisions.
  5. Subscription and billing data management is carried out via the Stripe Customer Portal. Configuration of the Application's operating parameters is available in the Application Settings (AppSettings).
  6. The Service Provider shall bear no liability in the event of unauthorised access by third parties to the Client's Stripe account.
  7. From the date of Installation, the Client is obliged to maintain up-to-date billing data in the Stripe Customer Portal, under pain of deeming correspondence or e-mail messages sent to non-updated addresses as effectively delivered.
  8. The Platform's annual availability is set at SLA 98%.

5. Trial period

  1. On the date of Installation of the Application, the Client is entitled to a one-time free Trial Period. The Trial Period ends after 14 days from the date of Installation or upon the first purchase of a Service. The Client may purchase a Service suitable for their needs during the Trial Period or after its expiry. After the Trial Period expires, the Client may also uninstall the Application.
  2. If the User, after the Trial Period has expired, has not purchased any Service and has not uninstalled the Application, access to the Application's functions shall be restricted until a Service is purchased or the Application is uninstalled.

6. Conclusion of the service agreement

  1. The conclusion of the Service Agreement takes place upon receipt of the first Subscription Fee for the given Services on the terms set out in these Terms, the Price List, and in accordance with the specification of the given Services as defined in the Platform.
  2. The Agreement is concluded upon the cumulative fulfilment of the following conditions:
    1. completion of the Installation of the Application,
    2. acceptance of these Terms together with any annexes,
    3. payment of the Subscription Fee in accordance with the Price List.
  3. The Client's billing data (including company name, registered address, tax identification number) are retrieved from the Client's Stripe account. The Client is obliged to keep such data up to date and truthful.
  4. Acceptance of these Terms by the Client is equivalent to making the following declarations:
    1. I have read these Terms and their annexes, and I accept all their provisions without reservation,
    2. I have voluntarily entered into the Agreement;
    3. the billing data associated with my Stripe account are truthful.
  5. By entering into the Agreement, the Client expressly consents to obtaining access to the Service immediately after conclusion of the Agreement and payment of the fee. The Client hereby acknowledges that by obtaining immediate access to the Service, the Client waives the right to withdraw from the Agreement within fourteen days of its conclusion. The provisions of this paragraph do not affect the Client's right to discontinue the Service at any time during the Trial Period without being required to pay for the Service.

7. Payments

  1. For the provision of Services, the Client is obliged to pay the Subscription Fee according to the amounts specified in the Price List. Changes to the prices specified in the Price List are announced on the Platform and do not constitute amendments to these Terms.
  2. The payment date is deemed to be the date of payment confirmation by Stripe. Upon payment confirmation, information about the allocation of access to the purchased Service together with a VAT invoice is sent to the Client's e-mail address.
  3. Payments for Services are due in advance.
  4. Payment for Services is made on a subscription basis (hereinafter referred to as the Subscription) — during the Subscription, amounts due are automatically charged for each subsequent Subscription Period via the payment method registered in Stripe.
  5. Subscription payments are processed through the external payment system operated by Stripe, Inc. with its registered office in San Francisco, CA, USA (354 Oyster Point Blvd, South San Francisco, CA 94080). Stripe acts as an electronic payment operator in accordance with applicable law.
  6. Subscription management, including changing the payment method, viewing payment history, and cancelling the Subscription, is carried out via the Stripe Customer Portal.
  7. During the current Subscription Period, the Client has the right to change their Service Package only to a Service Package for which a higher Subscription Fee is provided.
  8. Changing the current Service Package to a lower Service Package is not possible.
  9. Upon receipt of payment, the Service Provider issues an invoice in electronic form, which is sent in PDF format to the Client's e-mail address.
  10. By accepting these Terms, the Client consents to the processing of billing data by Stripe, Inc. to the extent necessary for the execution of payments. The rules for data processing by Stripe are set out in Stripe's privacy policy available at stripe.com.

8. Uninstallation of the application and discontinuation of services

  1. The Client may discontinue the use of Services at any time by cancelling the Subscription via the Stripe Customer Portal and uninstalling the Application from the Stripe Dashboard.
  2. Cancellation of the Subscription results in the cessation of collection of subsequent Subscription Fees. Access to the Services remains active until the end of the paid Subscription Period.
  3. Uninstallation of the Application is voluntary and does not entitle the Client to a refund of fees paid for the purchased Service.

9. Liability

  1. The Service Provider is obliged to provide Services with due diligence.
  2. In connection with the Services provided to the Client, the Service Provider shall not be liable for:
    1. permanent or temporary inability to provide Services, or improper provision of Services, due to causes beyond the Service Provider's control, including force majeure,
    2. lost profits of the Client,
    3. permanent or temporary inability to provide Services, or improper provision of Services, due to causes attributable to third parties through which the Services are provided (including Stripe, Inc.),
    4. consequences of improper use of the Services, in particular in a manner contrary to these Terms, the Agreement, the nature of the relationship, and principles of social coexistence,
    5. consequences of the Client making any content available to third parties using the Services,
    6. consequences of use of the Client's Stripe account by third parties, if such persons gained access as a result of the Client's negligence in securing access to the Stripe account,
    7. interruptions in the availability of the Platform resulting from technical maintenance, arising from the development or repair of the Platform,
    8. data loss caused by the User's uninstallation of the Application.
  3. The Service Provider's liability towards the Client shall in any case be limited to the amount of the annual fee paid by the Client to the Service Provider for the provision of the Service.
  4. As part of the provision of the Service, the Service Provider reserves the possibility of interruptions in the availability of the Platform. Such interruptions may be caused by updates to the Platform, the need for maintenance, or the correction of any irregularities in the Platform's operation. The Service Provider shall make efforts to schedule interruptions at times that are least disruptive to the functioning of the Platform. The Client agrees to interruptions in access to the Platform for the purpose of updating, performing maintenance, or correcting any irregularities by the Service Provider, and shall not make any claims against the Service Provider on this account.

10. User data and its protection

  1. Data entered into the Platform by the Client remains the property of the Client.
  2. All data of the Client and User are collected and processed by the Service Provider for the purpose of proper provision of Services in accordance with these Terms, in particular the proper functioning of the Platform with regard to the correct issuance of invoices, execution of transfers, proper completion of declarations and other documents generated by the Platform, as well as to enable the Client to use additional tools and for the purpose of settling accounts between the Service Provider and the Client for Services provided.
  3. The Service Provider takes all necessary measures to protect the personal data of the Client, their company, and all other data entered into the Platform.
  4. The Service Provider is not responsible for the content of data entered into the Platform by the Client.
  5. The Client has the right to view personal data stored in the Platform, both their own and their company's, and to modify such data at any time.
  6. By accepting these Terms and using the Service, the Client consents to the processing by the Service Provider of data entered into the System (including data contained in documents introduced by the Client with content that can be interpreted as text), for the purpose of ensuring the proper provision and development of the Service.
  7. The Service Provider has the right to use selected data on the use of Services by Clients for its own analyses, market research, and behaviour studies aimed at ensuring the development of the Platform's functionality and improving the quality of Services. Such data may be published by the Service Provider, but only as part of aggregated summaries relating to the Services, in an anonymised and non-profiled manner. The use of data does not include personal data provided by Users.

11. Personal data processing

  1. As part of the electronic provision of Services requiring the provision of personal data, the Service Provider is authorised, on the basis of Article 18(1) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), to process personal data of Clients necessary for establishing, shaping the content of, amending, or terminating the Service Agreement by the Service Provider, and for the proper performance of the Services.
  2. Information on personal data processed in the Platform and on the Service Provider as the data controller can be found in the Privacy Policy, which constitutes an annex to these Terms.

12. Complaint procedure

  1. Complaints regarding the Services may be submitted by the Client in writing, by registered letter to the Service Provider's registered office, or by e-mail to the address specified in Section 14(5) of these Terms.
  2. The Client may submit a complaint within 14 days from the date of the event giving rise to the complaint.
  3. The complaint must contain the Client's data enabling contact, including data enabling identification.
  4. Complaints shall be processed within 14 days from the date of receipt of the registered letter or e-mail by the Service Provider.
  5. The Service Provider shall apply the provisions of these Terms when processing complaints.

13. Term of the agreement and its termination

  1. The Service Agreement is concluded for a definite period — equal to the Subscription Period. Renewal of the Subscription Period (automatic renewal of the Subscription) results in the extension of the Agreement without the need for separate declarations of intent.
  2. The Service Agreement shall be terminated as a result of non-renewal of the Subscription Period for the given Service (including cancellation of the Subscription via the Stripe Customer Portal) in accordance with the provisions of these Terms, or uninstallation of the Application.
  3. Termination of the Agreement may be effected in writing, via e-mail, or by cancelling the Subscription in the Stripe Customer Portal and uninstalling the Application.

14. Final provisions

  1. These Terms are made available to users of the Platform free of charge via the website in a form that enables downloading, saving, and printing.
  2. Every user of the Platform is obliged to comply with these Terms from the moment they commence using the Services.
  3. In the event of amendments to these Terms, the current version shall be posted on the Platform, with simultaneous notification to Clients of the availability of the new version of the Terms by electronic means — via messages displayed in the Application or sent to the Client's e-mail address.
  4. The Service Provider reserves the right to amend these Terms and their annexes for important reasons, in particular in the event of changes to legal provisions, introduction of new functionalities or commencement of provision of new Services, changes to the technical conditions of provision of Services, changes to the conditions of services provided by third parties to the Service Provider that are necessary for the provision of Services, organisational changes or legal transformations, provided that a change solely in the legal form of the Service Provider or a change of the company name does not constitute an amendment to the Agreement. Such changes shall take effect from the moment the new version of the Terms is made available on the Platform.
  5. Any questions, opinions, and requests regarding the functioning of the Platform, as well as declarations to the Service Provider, may be directed by the Client to the following e-mail address: [email protected].