Terms of Service

§ 1.

General Provisions

1. These terms of service (hereinafter: "Terms of Service") set out the rules and conditions for using the AutomateTravel application (hereinafter: "Application") operating at the address https://app.automate.travel and the services provided by the Service Provider.
2. The Application is a comprehensive CRM and ERP system for managing tourism operations of day-trip tour operators.
3. These Terms of Service constitute the terms of service referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: "Act on the Provision of Electronic Services").
4. The service provider is ETOURS sp. z o.o. based in Warsaw (registered office address: ul. Hoża 86 lok. 410, 00-682 Warsaw), entered in the register of entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0001077138, with NIP (Tax Identification Number): 7011180825, REGON number: 52725820700000, with share capital of PLN 20,000 (twenty thousand zlotys), paid up in full (hereinafter: "Service Provider").
5. Contact with the Service Provider is possible via electronic mail – at the address: hello@automate.travel.
6. In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: "DSA"), the Service Provider has designated a point of contact for direct communication with the authorities of EU Member States, the European Commission, the Digital Services Board and the Application Users on matters covered by the DSA. The point of contact is available at the address: legal@automate.travel.
7. Information about the services provided by the Service Provider available in the Application, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to enter into a contract within the meaning of Article 71 of the Act of 23 April 1964 – the Civil Code (hereinafter: "Civil Code").
8. Before commencing use of the Application, the Client is obliged to familiarise themselves with the Terms of Service and the Privacy Policy.
9. The Application is intended exclusively for Entrepreneurs conducting business activities in the field of organising day trips. The Application is not intended for Consumers or Entrepreneurs with Consumer rights.

§ 2.

Definitions

Terms capitalised in the Terms of Service shall have the following meanings:

• 1. Application – a comprehensive CRM/ERP system for managing tourism operations in the field of organising day trips, aimed at Entrepreneurs, having the appropriate Modules and enabling the creation of Sub-accounts;
  2. Price List – a document or information specifying the current price of the Service, the variant of its operation and other conditions indicated therein;
  3. Civil Code – the term defined in § 1 section 7 of the Terms of Service;
  4. Consumer – a natural person performing a legal transaction with the Service Provider that is not directly related to their business or professional activity;
  5. Account – a panel created in the IT system of the Application, enabling the Client to use its functionalities;
  6. Modules – blocks of Application functionalities that offer individual functionalities within the Application;
  7. Billing Period – a calendar month for which the Booking Fee is calculated;
  8. Review – the Client's review of the Application, including a description of the Client's experience with using the Service;
  9. Booking Fee – a fee charged for each Booking processed in the Application, in the amount specified in the Price List, dependent on the Client's total number of Bookings (progressive model);
  10. Booking Pack – a package of a specified number of Bookings purchased by the Client in advance under the conditions specified in the Price List, from which subsequent Bookings processed in the Application are deducted;
  11. Privacy Policy – a document containing information on the processing of Clients' personal data by the Service Provider;
  12. Entrepreneur – a natural person, legal person or organisational unit without legal personality, to which special provisions grant legal capacity, conducting business or professional activity in their own name;
  13. Terms of Service – the term defined in § 1 section 1 of the Terms of Service;
  14. Booking – a booking for a tourism service registered or processed in the Application by the Client;
  15. Sub-accounts – additional types of accounts that the Client may create within the administrator panel (administrator account), enabling the granting of specific permissions, access rights and tasks to Users;
  16. Client Content/Content – any data (including personal data), electronic files, information and materials saved by the Client on the Account or by Users within Sub-accounts;
  17. Service Agreement – an agreement for the provision of a digital service, under which the Service Provider undertakes to provide the Service to the Client for a fee on the terms and conditions described in the selected variant in the Price List;
  18. Service – a digital service consisting of enabling the Client to use the functionalities of the Application within the selected variant, on the terms and conditions described in the Price List;
  19. Client – an Entrepreneur using the Application under the Agreement;
  20. Service Provider – the term defined in § 1 section 4 of the Terms of Service;
  21. Act on the Provision of Electronic Services – the term defined in § 1 section 3 of the Terms of Service;
  22. User – a person using a Sub-account with the authorisation of the Client, for whose actions and omissions the Client is responsible as for their own.

§ 3.

Technical Requirements and Security

1. For the proper use by the Client of the services provided by the Service Provider through the Application, the following are jointly required:
   1. an Internet connection;
   2. devices enabling the use of Internet resources;
   3. a device with an Android 10 or higher, or iOS 15 or higher operating system;
   4. a web browser enabling the display on the device screen of hypertext documents linked on the Internet through the WWW service and supporting the JavaScript programming language, and also accepting cookie files;
   5. an active e-mail account.
2. Within the Application, Clients are prohibited from using viruses, bots, worms or other computer codes, files or programmes (in particular those automating script and application processes or other codes, files or tools).
3. The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organisational and technical measures, in particular to prevent third-party access to data, including through SSL encryption, the use of access passwords and anti-virus or anti-malware programmes.
4. The Service Provider informs that despite the application of the security measures referred to in section 3 above, the use of the Internet and services provided electronically may be exposed to the risk of malicious software entering the IT system and the Client's device, or third parties gaining access to data stored on such device. In order to minimise the above-mentioned risk, the Service Provider recommends the use of anti-virus programmes or measures protecting identification on the Internet.

§ 4.

General Rules for Using the Services

1. The use of the Application is subject to a fee (unless the Price List provides for a free plan) – in accordance with the Price List. The Service Provider reserves the right to introduce additional, optional features or services in the future, which may be available for an additional fee. The Service Provider shall inform the Client of any change regarding the introduction of paid features with appropriate advance notice.
2. The Client is obliged to pay the Booking Fee on the terms and conditions described in the Price List and within the selected variant.
3. The fee for using the Service is charged in the form of a Booking Fee, in accordance with the progressive pricing model set out in the Price List. The Client may purchase a Booking Pack on the terms specified in the Price List.
4. The Service Provider, as part of its administrative oversight, has access to all Client Content stored on the Account and Sub-accounts, through administrator privileges within the Application.
5. As part of the administrative oversight referred to in section 4 – the Service Provider may delete Client Content and make changes thereto exclusively with the consent and at the express request of the Client.
6. In the event of technical problems related to the functioning of the Application, the Client may report them by e-mail to support@automate.travel.
7. The Client using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state of affairs. The Service Provider is not liable for the consequences of the Client providing untrue or incomplete data.
8. One Client may create only one Account in the Application per e-mail address.
9. Entering into a Service Agreement requires registration (creation of an Account).
10. The Service Provider declares, and the Client acknowledges, that the web version of the Application does not require the installation of updates, while the use of the Application in the mobile version may require the Client to install updates. The Service Provider shall inform the Client each time of the need to install an update of the Application in the mobile version by means of a notification displayed within the Application.
11. In the event that actions in the Application are performed by a natural person acting on behalf of a Client that is not a natural person, the performance of such action is equivalent to a declaration by the natural person performing such action that they are authorised to represent the Client. The Service Provider is entitled to request such natural person to present proof of their authority to represent the Client, in particular a power of attorney document or an extract from the relevant register. In the event of performing an action on behalf of the Client despite the lack of authority to represent them, the natural person performing such action shall bear the liability provided for in the provisions of the Civil Code.
12. The provision of unlawful content by the Client is prohibited.
13. The Client is obliged to use the services provided by the Service Provider in a manner consistent with the provisions of generally applicable law, the provisions of the Terms of Service, and good practice.
14. The following are considered violations of the Terms of Service in particular:
    1. the provision of unlawful content by the Client;
    2. the use by the Client of the Service and its functionalities contrary to their intended purpose;
    3. the provision of untrue or incomplete data by the Client;
    4. the creation by the Client of more than one Account using the same e-mail address.
15. In the event of a violation of the Terms of Service being identified, the Service Provider may request the Client to remedy the violation and set a deadline of no less than 7 (seven) days for this purpose.
16. In the event of the Client's failure to remedy the violation of the Terms of Service – the Service Provider has the right to block access to the Platform until the violation referred to in sections 14 and 15 is remedied.
17. Any declarations, requests, notifications and information referred to in the Terms of Service may be communicated by e-mail, unless a specific provision of the Terms of Service provides otherwise.
18. The Client is aware that the Service Provider is not a party to any agreement, dispute or other obligation or legal relationship between the Client and other persons, in particular their customers, contractors, employees and associates, and that the Application operates on data entered and provided by the Client, for the accuracy of which the Service Provider is not liable.

§ 5.

Service Agreement

1. Under the Service Agreement, the Service Provider enables the Client (to the extent resulting from the selected variant from the Price List) to use the functionalities of the Application.
2. Within the Application and the selected variant from the Price List – individual Application Modules are made available. The Application offers the following Modules:
   1. Operations Module;
   2. Employee Portal Module;
   3. Logistics Module;
   4. Communication Module;
   5. Library Module;
   6. Financial Module;
   7. Settings Module.
3. In order to enter into a Service Agreement, the Client should perform the following steps:
   1. go to the Application website and select the "Sign Up" option;
   2. complete the required data in the displayed form;
   3. mandatorily tick the checkbox for the declaration of having read the Terms of Service and Privacy Policy and accepting their provisions;
   4. select the appropriate variant from the Price List;
   5. click the "Create Account" button;
   6. click the activation link sent by e-mail to the e-mail address provided by the Client.
4. The use of the Application requires registration, creation of an Account and confirmation of registration by electronic means (via the activation link received from the Service Provider by e-mail).
5. Clicking the activation link is equivalent to the Client entering into a paid Service Agreement. By entering into the Agreement, the Client undertakes to pay the Booking Fee during the term of the Agreement.
6. The Client gains access immediately after entering into the Service Agreement.
7. If agreed with the Service Provider – the Service Provider may carry out an individual implementation of the Application in the Client's infrastructure. A separate agreement with the Service Provider is entered into for this purpose.

§ 6.

Sub-accounts

1. The Client receives access to the Account as an administrator. Within the functionalities of the Application – the Client has the ability within the administrator account to create Sub-accounts with different levels of permissions.
2. The Client may set appropriate access levels for each predefined Sub-account.
3. Sub-accounts are created exclusively within the structure of the Client's main Account. The Client is responsible for the actions, omissions and declarations, and the truthfulness thereof, of Users within the Sub-accounts – as for their own.
4. The Client undertakes that all Users within the Sub-accounts shall comply with the provisions of the Terms of Service to the extent relevant to their access rights.

§ 7.

Modules

1. Within the Application – the Service Provider offers the availability of individual Modules, which modify the scope of functionalities available in the Application, depending on the selected variant from the Price List.
2. The activation of an additional Module that goes beyond the scope selected from the Price List – may be made at any time, subject to additional remuneration.
3. If the Client wishes to activate an additional Module, the Client contacts the Service Provider in order to receive a quote for the activation and implementation of the additional Module.
4. After analysing the Client's enquiry, the Service Provider sends the Client a quote along with the estimated time required.
5. If the Client accepts the quote, the Service Provider carries out the implementation and activation of the additional Module on the terms specified in the quote.
6. Additional Modules implemented by the Service Provider – upon completion of their implementation, become part of the scope of the purchased Service. The use of an additional Module, in addition to the implementation fee, may be contingent on an increase in the Booking Fee on the terms specified in the Price List.

§ 8.

Operations Module

1. Within the selected variants from the Price List – the Service Provider offers within the Application the Operations Module, which enables management of daily operations, bookings, customer service and related processes.
2. A detailed description of the Module's functionalities is available in the Application.

§ 9.

Employee Portal Module

1. Within the selected variants from the Price List – the Service Provider offers within the Application the Employee Portal Module, which enables Users with operational roles (guides, tour leaders, drivers) to manage their assignments, availability and settlements.
2. A detailed description of the Module's functionalities is available in the Application.

§ 10.

Logistics Module

1. Within the selected variants from the Price List – the Service Provider offers within the Application the Logistics Module, which enables management of tours, staff allocation, transport and related logistics resources.
2. A detailed description of the Module's functionalities is available in the Application.

§ 11.

Communication Module

1. Within the selected variants from the Price List – the Service Provider offers within the Application the Communication Module, which enables management of multi-channel communication with customers and within the organisation.
2. A detailed description of the Module's functionalities is available in the Application.

§ 12.

Library Module

1. Within the selected variants from the Price List – the Service Provider offers within the Application the Library Module, which enables management of the product catalogue, points of interest and related reference data.
2. A detailed description of the Module's functionalities is available in the Application.

§ 13.

Financial Module

1. Within the selected variants from the Price List – the Service Provider offers within the Application the Financial Module, which enables financial oversight, settlements and analytics.
2. A detailed description of the Module's functionalities is available in the Application.

§ 14.

Settings Module

1. Within the Application – the Service Provider offers the Settings Module, available exclusively to the Client holding the Account administrator role, which enables configuration of the organisation, integrations and system preferences.
2. A detailed description of the Module's functionalities is available in the Application.

§ 15.

Fees and Billing

1. Service prices in the Price List are expressed in EUR or USD and represent net values exclusive of VAT. The applicable VAT rate shall be added to the Booking Fee, where applicable.
2. All payments due to the Service Provider shall be made by the Client through the Stripe payment operator or in another manner made available by the Service Provider.
3. In consideration for the provision of the Services, the Client is obliged to pay the Booking Fee at the rates and on the terms specified in the Price List. The amount of the Booking Fee depends on the total number of Bookings processed in the Application and is calculated in accordance with the progressive pricing model set out in the Price List. Changes to the rates specified in the Price List shall be announced in the Application and shall not constitute amendments to these Terms of Service.
4. The Client may purchase a Booking Pack on the terms specified in the Price List. A Booking Pack constitutes a prepayment for a specified number of Bookings and is valid for the period indicated in the Price List. Bookings processed in the Application are deducted from the Booking Pack balance.
5. After the Booking Pack is exhausted, subsequent Bookings are settled on a pay-as-you-go basis at the rates resulting from the Price List in effect at the time of purchasing the Booking Pack or entering into the Agreement.
6. Within 7 days from the end of each Billing Period – the Service Provider shall send the Client a summary report with an invoice covering the Booking Fees for the given Billing Period (in respect of Bookings not covered by the Booking Pack).
7. The Client is obliged to pay the amount specified on the invoice within 7 days of receiving the invoice.
8. In the case of the payment referred to in section 7, the payment date shall be deemed to be the date on which the amount is credited to the Service Provider's bank account or the date of payment confirmation by the payment operator.
9. Failure by the Client to pay the Booking Fee shall result in the suspension of access to the Application's functionalities until the outstanding amounts are settled.
10. In the event that the Client does not pay the Booking Fee and it is not possible to collect funds through the payment operator, the Client and all Sub-accounts created within the Service shall be shown a notice informing of the non-payment. The administrator Account shall additionally display a link for the purpose of settling the payment.
11. The Account and Sub-accounts, in the event of non-payment of the Booking Fee by the Client – shall have view-only access. It shall not be possible to edit, add, delete or perform any operations on data within the Sub-account and Account.
12. After 120 (one hundred and twenty) days from the date on which the debt arose in relation to a given Service – the data, Account and Sub-accounts shall be permanently deleted from the Application.

§ 16.

Price List

1. The current Price List is available at: https://automate.travel/pricing. Various Service variants are available for selection within the Price List.
2. The Price List may provide that a specified number of Services may be used by the Client free of charge.
3. The Service Provider may change the Price List at any time.
4. A change to the Price List shall in no way affect the level of fees specified in Service Agreements entered into before the change to the Price List.

§ 17.

Complaints

1. In the event that a non-conformity of the Service with the Terms of Service is discovered, the Client may file a complaint.
2. A complaint is filed in writing or by e-mail, to the address indicated in § 1 section 5 of the Terms of Service, no later than within 30 days from the date on which the non-conformity was discovered.
3. A complaint should contain:
   1. the Client's name;
   2. the e-mail address;
   3. a description of the discovered non-conformity of the Service with the Terms of Service.
4. The Service Provider may refuse to bring the Service into conformity with the Terms of Service if it is impossible or would require the Service Provider to incur disproportionate costs.
5. After reviewing the complaint, the Service Provider shall provide the Client with a response to the complaint, in which it:
   1. accepts the complaint and indicates the planned deadline for bringing the Service into conformity with the Terms of Service;
   2. refuses to bring the Service into conformity with the Terms of Service for the reason indicated in section 4 above;
   3. rejects the complaint due to its lack of merit.
6. The Service Provider shall respond to the complaint by e-mail within 21 (twenty-one) days from the date of its receipt. In particularly complex cases, the response deadline may be extended to 30 calendar days.

§ 18.

Client Content and Reviews

1. The Client may submit Reviews to the Service Provider regarding the services provided by the Service Provider.
2. The submission of a Review may be made in any manner, including by e-mail.
3. The submission of a Review does not impose an obligation on the Service Provider to publish it.
4. A Review published by the Service Provider may be removed by the Service Provider at any time.
5. It is prohibited to post Client Content and Reviews:
   1. containing untrue data, contrary to the law, the Terms of Service or good practice;
   2. containing content serving the conduct of activities prohibited by law, inciting violence, hatred or insulting any group of persons or person;
   3. containing content that may infringe personal rights, copyrights, image rights or other types of rights of third parties;
   4. containing advertising, promotional, political, religious or discriminatory content;
   5. containing content promoting activities competitive to the Service Provider.
6. Any person using the Application (hereinafter: "Reporting Person") is entitled to report Client Content or a Review that may violate the Terms of Service.
7. Reports may be made in the following manner:
   1. by e-mail to the address: legal@automate.travel,
8. A report should contain the following information:
   1. a sufficiently substantiated explanation of the reasons why the given Client Content or Review constitutes illegal content,
   2. a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where applicable, additional information enabling the identification of the Client Content or Review, as appropriate to its type and the functionalities of the Application,
   3. the first name and surname or name and e-mail address of the Reporting Person, except for reports concerning information deemed to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU,
   4. a declaration confirming the Reporting Person's good faith belief that the information and allegations contained therein are accurate and complete.
9. Upon receipt of a report, the Service Provider shall send the Reporting Person confirmation of its receipt to the e-mail address indicated by them.
10. In the event that a report does not contain the elements indicated in section 8 above or contains errors, the Service Provider may request the Reporting Person to supplement or correct the report within 14 days from the date of receiving the said request. In the event that the Reporting Person does not supplement or correct the report within the deadline indicated in the preceding sentence, the Service Provider may leave the report without consideration.
11. The Service Provider shall verify the reported Client Content or Review within 14 days from the date of receiving a complete and correct report. As part of the verification activities, if necessary, we shall request the Reporting Person to submit any necessary additional information or documents. Pending the resolution of the report, we may block the visibility of the Client Content or Review.
12. After completing the verification of the Report, the Service Provider:
    1. removes the Client Content or Review that violates the Terms of Service;
    2. restores the Client Content or Review that does not violate the rules arising from the Terms of Service (if its visibility was blocked at the verification stage of the Report),

providing justification for our decision.

1. In the event of the removal of Client Content or a Review, the Service Provider shall promptly notify both the Reporting Person and the Client who published the removed Client Content or Review, providing justification for its decision.
2. The justification of the Service Provider's decision shall include: 1. an indication of whether the decision involves the removal of the Client Content/Review, blocking its visibility, demotion or imposing other measures referred to in the Terms of Service in relation to that Review and, where applicable, the territorial scope of the decision and the period of its application; 2. the facts and circumstances on the basis of which the decision was taken, including, where applicable, information as to whether the decision was taken on the basis of a report made by the Reporting Person, or on the basis of voluntary investigations carried out on the Service Provider's own initiative and, where absolutely necessary, the identity of the Reporting Person; 3. where applicable, information on the use of automated means in decision-making, including information as to whether the decision was taken in relation to Client Content/a Review detected or identified using automated tools; 4. if the decision concerns potentially prohibited Client Content/Review, an indication of the legal basis or contractual basis on which the decision is based, and explanations regarding the reasons why the Review is considered to be prohibited content on that basis; 5. clear and user-friendly information for the Client and the Reporting Person regarding their available options for appealing the decision.
3. The Client whose Client Content or Review has been removed, or the Reporting Person to whom the Service Provider has refused the removal of reported Client Content/Review, may appeal the Service Provider's decision.
4. An appeal may be filed by e-mail – to the address: legal@automate.travel.
5. An appeal should contain: 1. the first name and surname or name of the appellant, 2. contact details (e-mail address, correspondence address), 3. a detailed justification of why, in the opinion of the appellant, the Service Provider's decision is erroneous and should be changed.
6. The Service Provider shall promptly confirm receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.
7. Appeals are reviewed within 14 days from the date of their receipt, by an authorised team of the Service Provider (these activities shall not be carried out in an automated manner, without human involvement).
8. The Service Provider shall notify the appellant of the decision made as a result of reviewing the appeal by e-mail, and if it simultaneously considers the reported content to be prohibited content – it shall take the actions provided for in the Terms of Service in relation thereto.
9. The submission of Client Content or a Review is equivalent to the Client's declaration that they are its sole author. The Client bears full responsibility for the Client Content/content of the Review and the consequences of its publication (including for infringements of personal rights and intellectual property rights of third parties).
10. The submission of Client Content/Review is equivalent to the granting by the Client to the Service Provider of a free-of-charge, non-exclusive licence to use it (hereinafter: "Licence").
11. The Licence is granted for an indefinite period (subject to termination with two years' notice, effective at the end of the calendar year) and without territorial restrictions, and covers the use of the Client Content/Review in the following fields of exploitation: 1. fixation and reproduction in any number, by any technique and in any format; 2. distribution in any manner, by any means of communication, in particular through publication in the Application and on the Service Provider's social media.
12. The Licence entitles the Service Provider to modify the Review if this is necessary for its distribution in a specified manner, without changing its substance and content.
13. The Licence authorises the Service Provider to grant sub-licences to any chosen third parties for the use of the Review. The sub-licence referred to in the preceding sentence may be granted by the Service Provider for a fee or free of charge.
14. The Client undertakes not to exercise moral rights to the Client Content/Review (including the right to indicate authorship of the Client Content/Review and the right to supervise the use of the Client Content/Review) and authorises the Service Provider to exercise these rights on behalf of the Client.
15. Irrespective of the provisions of sections 1-26 above, the Client grants the Service Provider a free-of-charge, non-exclusive licence to use the name and logo and other trademarks and designations of the Client (hereinafter: "Logo"), to the extent necessary to ensure the functionality of the Application (including, inter alia, the operation of the Communication Module).
16. The Licence referred to in section 27 above is granted for an indefinite period (subject to termination with two years' notice, effective at the end of the calendar year) and without territorial restrictions, and covers the use of the Logo in the following fields of exploitation: 1. fixation and reproduction in any number, by any technique and in any format; 2. distribution in any manner, by any means of communication, in particular through publication in the Application and on the Service Provider's social media; 3. use for the purpose of integration with Modules and ensuring the functionality of the Application and Modules.

§ 19.

Liability

1. The Service Provider undertakes to provide the Services with due diligence.
2. The Parties exclude the rights arising from warranty for defects.
3. The Parties exclude the Service Provider's liability for the Client's lost profits.
4. The Service Provider does not guarantee a specific level of performance, efficiency or usefulness of the Application in relation to the Client's specific needs and applications.
5. To the maximum extent permitted by the provisions of the Civil Code, the Service Provider shall not be liable to Clients for the consequences of:
   1. the use by Clients of any services or functionalities available within the Application contrary to their intended purpose;
   2. the provision of incorrect, erroneous or untrue data by Clients;
   3. the use of data authorising access to the Account by third parties, if such persons came into possession of such data as a result of their disclosure by the Client or as a result of insufficient protection by the Client against access by such persons;
   4. actions, omissions and false declarations of Users;
   5. errors and irregularities resulting from integration with external applications or systems;
   6. errors and irregularities resulting from the actions or omissions of third parties.
6. To the maximum extent permitted by the provisions of the Civil Code, the Service Provider shall not be liable for disruptions in the functioning of the Application resulting from:
   1. force majeure;
   2. necessary maintenance and modernisation works carried out on the Application;
   3. reasons attributable to the Client;
   4. reasons beyond the Service Provider's control, in particular the actions of third parties for which the Service Provider is not liable.
7. The Service Provider undertakes to carry out the works referred to in section 6 point 2 above in a manner that is as least burdensome as possible for Clients and, where possible, to inform them in advance of planned works.
8. The Service Provider undertakes to remove disruptions in the functioning of the Application on an ongoing basis, where possible.

§ 20.

Use of Artificial Intelligence (AI)

The Client declares that they are fully aware that the Service Provider uses tools based on (generative) AI within the Application and consents to the use of the Application together with AI-assisted features.

To the maximum extent permitted by generally applicable legal provisions, due to the prototype-specific nature of the aforementioned technology, the Service Provider shall not be liable for the consequences (and any damage) of actions taken by the Client or their customers on the basis of recommendations and information generated by AI.

Within the Application, the Service Provider offers Services that are based on external AI models, and the Services and their results are generated by AI. Therefore, in order to ensure full control for Clients, the Service Provider draws attention to the conscious use of the Service, as it is the Client who bears sole responsibility for the manner of using the Services, in particular with respect to their customers.

Results obtained through the Client's use of AI-powered Services are not a sufficient, independent basis for making any business, technical or financial decisions and in each case require verification by a human being.

In connection with the use of third-party AI tools – the Service Provider indicates that the functionalities of the Application operating on the basis of such tools may change over time, including in particular the scope of functionalities may vary. The Service Provider shall not be liable for changes in functionalities, access restrictions and other consequences that arose due to changes imposed by external AI tool providers.

§ 21.

Marketing Cooperation

1. Unless a separate agreement provides otherwise, the Client grants the Service Provider consent to:
   1. informing the Service Provider's clients and potential clients about the performance of Services for the Client when presenting the Service Provider's experience, without disclosing the terms of cooperation;
   2. informing on its website and social media about the cooperation with the Client, without disclosing the terms of cooperation;
   3. placing the Client's name and logo in offers and marketing materials, on the Service Provider's website, as well as on the Service Provider's social media profiles;
   4. placing reviews of the Service Provider prepared by the Client in offers and marketing materials, on the Service Provider's website, as well as on the Service Provider's social media profiles.
2. At the Client's request, the Service Provider is obliged to present the Client with marketing materials concerning the cooperation with the Client for review before their publication.

§ 22.

Intellectual Property of the Service Provider

1. All constituent elements of the Application, in particular:
   1. the name of the Application;
   2. the logo of the Application;
   3. photographs and descriptions;
   4. the operating principles of the Application, all its graphic elements, interface, software, source code and databases

- are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including provisions of European Union law.

1. Any use of the Service Provider's intellectual property without its prior, express permission, in violation of the Terms of Service, is prohibited.

§ 23.

Personal Data

1. Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://automate.travel/privacy-policy.
2. The terms and conditions of the entrustment by the Client of the processing of their personal data are set out in a separate personal data processing agreement.

§ 24.

Amendment of the Terms of Service

1. The Service Provider may amend the Terms of Service, inter alia, in the event of:
   1. a change in the Service Provider's scope of business;
   2. the commencement of the provision of new services by the Service Provider, modification of services provided to date or cessation of their provision;
   3. a technical modification of the Application requiring the adaptation of the provisions of the Terms of Service thereto;
   4. a legal obligation to make changes, including the obligation to adapt the Terms of Service to the current legal status.
2. The Client shall be informed of any amendment to the Terms of Service by publishing its amended version in the IT System. Additionally, the amended version of the Terms of Service shall be sent to the Client by e-mail.
3. A Client who does not agree with the amendment to the Terms of Service may terminate the Service Agreement with immediate effect within 10 (ten) days from the date of receiving information about the amendment to the Terms of Service. Failure to terminate shall be deemed consent to the amendment of the Terms of Service.
4. Termination of the Service Agreement shall be effected by the Client submitting to the Service Provider a declaration of termination of the Agreement. The declaration referred to in the preceding sentence may be sent by e-mail, to the address indicated in § 1 section 5 of the Terms of Service.
5. Immediately upon receipt of the declaration referred to in section 4 above, the Service Provider shall delete the Account.

§ 25.

Final Provisions

1. The current version of the Terms of Service is effective as of 9 February 2026.
2. The Terms of Service are governed by Polish law. Any disputes arising under these Terms of Service shall be resolved through amicable negotiations, and in the event that an agreement is not reached – before the common court having jurisdiction over the registered office of the Service Provider.
3. In matters not regulated in the Terms of Service, the provisions of generally applicable Polish law shall apply.
4. Annex No. 1 constitutes an integral part of the Terms of Service.

ANNEX NO. 1

DATA PROCESSING AGREEMENT

(hereinafter: "Processing Agreement")

§ 1.

Entrustment of Personal Data Processing

1. Cooperation and an Agreement for the provision of Services have been established between the Service Provider and the Client, under the Terms of Service (hereinafter: "Main Agreement").
2. The Controller (Client) entrusts the Processor (Service Provider) with the processing of personal data pursuant to Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: "General Data Protection Regulation" or "GDPR").
3. The Controller declares that it is the controller of the data entrusted to the Processor under the Processing Agreement or a processor authorised to further entrust it to the Processor.
4. The Controller entrusts the Processor with the processing of personal data to the extent specified in § 2 of the Processing Agreement.
5. Capitalised terms used in the Processing Agreement shall have the meanings assigned to them in the Terms of Service or the GDPR, unless a specific provision of the Processing Agreement provides otherwise.

§ 2.

Subject Matter, Nature, Purpose and Duration of Processing

1. The personal data entrusted by the Controller shall be processed by the Processor exclusively on the documented instructions of the Controller and exclusively for the purpose of providing the Services. The Parties consider the conclusion of the Main Agreement to constitute a "documented instruction" in particular.
2. The categories of personal data subject to entrustment (hereinafter: "entrusted personal data") and the categories of persons whose entrusted personal data are concerned are indicated in Annex No. 1 to the Processing Agreement.
3. Personal data entrusted by the Controller under the Processing Agreement do not constitute special categories of data referred to in Article 9 of the GDPR, nor data relating to criminal convictions and offences referred to in Article 10 of the GDPR.
4. The processing of entrusted personal data shall be carried out using IT systems (in an automated manner).

§ 3.

Obligations, Rights and Representations of the Processor

1. The Processor undertakes to safeguard entrusted personal data by implementing (prior to commencing processing) and maintaining technical and organisational measures appropriate to the nature, scope, context and purpose of processing the entrusted data, including measures required by the relevant provisions of generally applicable law, so that the processing of entrusted personal data meets the requirements of the General Data Protection Regulation.
2. The Processor undertakes to ensure that persons authorised to process personal data entrusted under the Processing Agreement are bound by a duty of confidentiality or are subject to an appropriate statutory obligation of confidentiality.
3. The Processor undertakes, to the extent justified by the subject matter of the Processing Agreement, where possible, to assist the Controller in fulfilling its obligation to respond to requests from data subjects regarding the exercise by such persons of their rights under generally applicable legal provisions, including Chapter III of the General Data Protection Regulation.
4. The Processor undertakes to promptly notify the Controller of:
   1. any breach of the protection of entrusted personal data, where "breach of the protection of entrusted data" means any accidental or unlawful destruction, loss, modification, unauthorised disclosure of, or unauthorised access to, entrusted personal data. The notification referred to in this point 1 shall be made no later than within 48 hours of detecting the breach of protection of entrusted data;
   2. any request received from a data subject, while refraining from responding to the request until the Controller's opinion is received. The notification referred to in this point 2 shall be made no later than within 48 hours of receiving the request;
   3. any legally authorised request for the disclosure of personal data to a competent state authority, unless the prohibition of notification arises from legal provisions, in particular criminal procedure provisions, where the prohibition is aimed at ensuring the confidentiality of the initiated investigation;
   4. the conduct by the President of the Personal Data Protection Office or any other supervisory authority of a data processing compliance audit and its results, as well as other activities of public authorities concerning such data.
5. The Processor undertakes, to the extent justified by the subject matter of the Processing Agreement and the information available to it, to assist the Controller in fulfilling its obligations arising from generally applicable legal provisions, including Articles 32-36 of the General Data Protection Regulation, concerning the security of personal data processing, notification of personal data breaches to the supervisory authority and to the data subject, data protection impact assessments and consultations with the supervisory authority related to such assessments.
6. The Processor undertakes to:
   1. make available to the Controller, within 14 days of receiving the request, all information and documents necessary to demonstrate the Controller's compliance with the obligations incumbent upon it under generally applicable legal provisions;
   2. allow the Controller or an auditor authorised by the Controller to carry out audits, including inspections, and to contribute to them, on terms determined by the Parties on each occasion and subject to the provisions of this paragraph.
7. The audit referred to in section 6 point 2 above may be conducted:
   1. no earlier than 14 days from the date on which the Processor receives notice of its conduct, at a time agreed by the Parties; and
   2. following the conclusion of a confidentiality agreement between the Processor and the Controller or an auditor authorised by the Controller.
8. Upon completion of the audit, the Parties shall draw up a report in 2 copies, which shall be signed by authorised representatives of both Parties. The Processor may raise objections to the report within 5 Business Days from the date of its signing by the Parties' representatives.
9. In the event that the audit reveals deficiencies affecting the security of the processing of entrusted personal data, the Processor undertakes to comply with the recommendations formulated by the Controller or an auditor authorised by the Controller.

§ 4.

Obligations of the Controller

1. The Controller is obliged to ensure that throughout the entire duration of the Processing Agreement it has a legal basis for the processing of the entrusted personal data and that it has the appropriate authorisations enabling their entrustment to the Processor. In the event of the loss of the aforementioned legal basis or authorisations with respect to specific entrusted personal data, the Controller is obliged to promptly take the steps necessary to cease their entrustment, in particular to notify the Processor thereof.
2. The Controller undertakes not to issue the Processor with instructions regarding the processing of entrusted personal data that would be inconsistent with the provisions of generally applicable law, the provisions of the Processing Agreement or other contractual obligations.

§ 5.

Sub-processing of Personal Data

1. The Controller grants general consent to the Processor to further entrust the processing of personal data (hereinafter: "sub-processing") to subcontractors of its choice.
2. The Processor undertakes to ensure that:
   1. the entity to which it sub-processes applies appropriate technical and organisational measures to guarantee the processing of entrusted personal data in accordance with the GDPR;
   2. the scope of the sub-processor's obligations regarding data protection corresponds to the Processor's obligations provided for in the Processing Agreement.
3. In the event of an intention to sub-process personal data to a given subcontractor, the Processor is obliged to notify the Controller thereof no later than 7 (seven) days before the sub-processing takes place by e-mail. The Controller may object to the sub-processing referred to in the preceding sentence by submitting an objection by e-mail within 7 (seven) days from the date of receiving the notification of the sub-processing.
4. After the expiry of the deadline for submitting an objection referred to in section 3 above without an objection being raised, the Processor may sub-process the processed personal data to the selected subcontractor.
5. In the event of an objection being raised as referred to in section 3 above, the Processor may withdraw from the Main Agreement with immediate effect.
6. The sub-processing referred to in section 3 above shall not constitute an amendment to the Processing Agreement.
7. The list of current sub-processors constitutes Annex No. 2 to the Processing Agreement.

§ 6.

Confidentiality

1. The Parties undertake to use materials, data and all information obtained from the other Party for the purpose of performing the Processing Agreement exclusively for its performance and to keep such materials, data and information confidential, both during the term of the Processing Agreement and after its termination.

§ 7.

Consequences of Termination of the Processing Agreement

1. In the event of termination of the Processing Agreement, the Processor shall promptly, but no later than within 14 (fourteen) Business Days from the date of termination of the Processing Agreement, return to the Controller and delete from its own storage media all personal data the processing of which was entrusted to it, including effectively deleting them from electronic media at its disposal. The provisions of the preceding sentence shall not apply to personal data whose storage by the Processor, in accordance with generally applicable legal provisions, is required for a period longer than the term of the Processing Agreement.

§ 8.

Final Provisions

1. An integral part of the Agreement is Annex No. 1 – Categories of entrusted personal data and categories of persons whose entrusted personal data are concerned, and Annex No. 2 – List of entities to which the processing of personal data has been transferred (sub-processors).
2. The provisions of the Terms of Service shall apply accordingly to amendments to the Processing Agreement.
3. In matters not regulated in the Processing Agreement, the provisions of the Terms of Service, the GDPR and the relevant provisions of Polish law shall apply.

Annex No. 1 to the Processing Agreement – Categories of entrusted personal data and categories of persons whose entrusted personal data are concerned

Annex No. 2 – Entities to which the processing of personal data has been transferred (sub-processors)

1. Supabase Inc. — database hosting services, user authentication and edge functions (backend-as-a-service)
2. Lovable — Application hosting and deployment services (deployment platform)
3. Microsoft Corporation — Microsoft Clarity service (user behaviour analytics, heat maps, session recordings)