Terms and Conditions
§ 1. Definitions
Terms used in these Terms and Conditions have the following meanings:
Application - software named Boostra made available by the Service Provider on a SaaS (Software as a Service) basis, used to analyse the Store's sales, product and marketing data, calculate indicators, perform audits, conduct a natural-language chat on the Service Recipient's data, generate recommendations and content drafts, and - subject to the User's approval given on each occasion - perform Executive Actions in the Service Recipient's external systems. The Application uses artificial intelligence. The Application is available exclusively through a current web browser after logging in to an Account. Using the Application does not require installing any software on the User's end device.
AI Act - Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence.
Price List - a list of the Plans, prices, Usage Limits and Capacity Top-Ups currently available, made available on the Application's website or in the Application before an Order is placed, and, in the case of individually priced offers, provided to the Service Recipient directly by the Service Provider. The Price List in effect at the time the Order is placed forms part of the Agreement.
Store Data - data retrieved by the Application from the Service Recipient's external systems via an Integration, comprising product and sales data (in particular the identifier, date, status, amount, currency and line items of an order, quantities and returns, and the identifier, name, category, price and status of a product), buyers' personal data limited to first name, surname and e-mail address, and aggregated statistics from the Service Recipient's advertising and analytics accounts. If, within an Integration, the external system's API also provides a buyer's phone number, that number is not retained or used in the Application.
Input Data - input, meaning any content, including personal data, instructions (including so-called prompts) or other information entered, transmitted or made available in the Application by the Service Recipient or Users for processing or storage by the Application. Store Data also constitutes Input Data.
Data Act - Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act).
Capacity Top-Up (Boost-Up) - a paid, one-off increase of AI Capacity within an active Subscription, in the variants and at the prices set out in the Price List.
Service Provider - BOOSTRA sp. z o.o. with its registered office in Wrocław (ul. Sudecka 153, 53-128 Wrocław), entered in the register of entrepreneurs of the National Court Register (KRS) under number 0001172942, NIP (tax identification number) 8993025273, REGON (statistical number) 541730975, share capital PLN 5,000.00; e-mail address: kontakt@boostra.pl.
Third-Party Providers - third parties (including their subcontractors) that supply solutions used to provide the Service or operate the Application, in particular hosting and infrastructure services, artificial intelligence models and services, storefront, advertising and analytics platforms, payment services, transactional mail, mailing, monitoring and support services. The current list of further processors of personal data is made available to the Service Recipient in the data processing agreement and its updates; § 12(5) applies to changes to that list.
Executive Action - an action performed by the Application in the Service Recipient's connected external system that introduces a change in that system, e.g. pausing or resuming an advertising campaign, publishing or changing a product description, or adding or changing a product photo. Every Executive Action requires the User's prior, express approval, in accordance with § 7b of these Terms and Conditions.
Day - a calendar day.
Business Day - a day from Monday to Friday, excluding days that are statutory holidays in the Republic of Poland.
Development Features - functionalities of the Application made available at the development stage, in particular functions designated by the Service Provider as Early Access, beta, pilot or experimental, on the terms set out in § 2b of these Terms and Conditions.
Support Hours - the hours during which standard technical support is provided, as indicated in the Application or the Price List. Unless stated otherwise, requests may be submitted around the clock, but are handled on Business Days.
Integration - a connection between the Application and the Service Recipient's external system, in particular a storefront platform, advertising account, analytics account or sales channel, established via an API or another authorisation mechanism made available by the provider of that system. The scope of Integrations actually available under a given Plan is indicated on each occasion in the Application or the Price List; marketing information about planned or developing Integrations does not constitute a guarantee of their availability.
Account - access to the Application allocated to the Service Recipient or a User, comprising registration data, permissions and associated resources; the roles of Users are set out in § 3(1) of these Terms and Conditions.
Usage Limit - the restrictions on the use of the Application specified in the Plan, in particular the number of Stores serviced under an Account, the number of Users in each role, and AI Capacity.
Trial Period - a period of 7 (seven) Days of free access to the Application, beginning at the moment the Account is created, the start of which does not require providing payment card details.
Billing Period - the period for which the Subscription Fee is charged, corresponding to the Subscription Period.
Subscription Period - the period for which the Paid Agreement was concluded, amounting to one month, unless the Order provides otherwise.
Subscription Fee - the remuneration payable to the Service Provider for providing the Service in a given Billing Period, in the amount resulting from the Price List or the Order.
Payment Operator - the external payment service provider indicated to the Service Recipient in the Application immediately before a payment is made.
Plan (Subscription) - the variant of the Service chosen by the Service Recipient, specifying the scope of the Application's functionalities, the number of Stores and Users serviced, the Usage Limits, and the amount and terms of settling fees, in accordance with the current Price List or an individual Order.
AI Capacity - the monthly limit, assigned to the Plan, of operations performed by the Application using artificial intelligence and computing resources, renewed at the start of each Billing Period. Unused AI Capacity resulting from the Plan does not carry over to the next Billing Period. Unused AI Capacity acquired through a Capacity Top-Up carries over to subsequent Billing Periods for the duration of an active Subscription.
Privacy Policy - the document setting out the rules for the processing of personal data by the Service Provider, constituting Annex No. 1 to these Terms and Conditions.
Consumer-Rights Entrepreneur (PnPK) - a natural person entering into the Agreement directly in connection with their business activity, where it is clear from the content of the Agreement that it is not of a professional character for that person, as evidenced in particular by the subject matter of their business activity made available on the basis of the provisions on the Central Register and Information on Business Activity (Article 7aa of the Consumer Rights Act and Article 385(5) of the Civil Code).
Terms and Conditions - these terms and conditions, which constitute terms and conditions for the provision of services by electronic means within the meaning of Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means.
Registration - the creation of an Account in the Application by completing the registration form, accepting these Terms and Conditions, and confirming the e-mail address.
Store - an online store operated by the Service Recipient, the data of which is processed in the Application via an Integration.
Party - means, as the context of the relevant provision of these Terms and Conditions requires, the Service Recipient or the Service Provider, and, in the plural ("Parties"), means the Service Recipient and the Service Provider jointly.
Read-Only Mode - the state of an Account in which the Service Recipient and Users may view and export data collected in the Application, without the ability to use the remaining functionalities, in particular without the ability to perform Executive Actions or operations that use AI Capacity.
Agreement - an agreement for the provision of services by electronic means, the subject of which is the provision of the Service, concluded between the Service Provider and the Service Recipient. Depending on the stage of the cooperation, it takes the form of: a) a Free Agreement - the content of which is shaped by the provisions of these Terms and Conditions and which covers the Trial Period, and, if a Paid Agreement is not concluded after its end, access in Read-Only Mode; b) a Paid Agreement (Subscription) - the content of which is shaped jointly by the provisions of these Terms and Conditions and the content of the Order.
Service - the service provided by the Service Provider to the Service Recipient by electronic means, via the Internet, consisting in providing access to the Application so that the Service Recipient may use its functionalities, in accordance with the Application's intended purpose and the Agreement, including these Terms and Conditions.
Service Recipient (Client) - an entrepreneur within the meaning of Article 43(1) of the Civil Code entering into the Agreement for purposes connected with its business or professional activity, including a Consumer-Rights Entrepreneur.
Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights.
User - a natural person authorised by the Service Recipient to use the Application under the Agreement concluded by the Service Recipient, to whom access to an Account has been allocated. A Service Recipient who is a natural person conducting business activity and who uses the Application personally and in their own name is also a User.
Application Output - output, meaning any data and content generated by the Application on the User's initiative, including using statistical methods, machine learning or language models, on the basis of Input Data or Third-Party Providers' solutions, comprising in particular audits and priority lists, indicators and summaries, chat responses, recommendations together with an estimated impact on revenue, content drafts (product descriptions, posts, product feeds) and SEO audit reports.
Order - a declaration by the Service Recipient selecting a Plan and ordering the Service, submitted in the Application, or, in the case of a Plan or additional services priced individually, an electronic document (e.g. a PDF file, an e-mail message) specifying the detailed terms of the Service, sent to the Service Recipient by the Service Provider.
§ 2. General Provisions
These Terms and Conditions set out the rules and conditions for using the Application on a Software as a Service (SaaS) basis, as well as the conditions for providing the Service and the rights and obligations of the Parties to the Agreement concluded by the Service Recipient with the Service Provider, and form an integral part of that Agreement.
These Terms and Conditions are made available to the Service Recipient free of charge before the Agreement is concluded, in a manner enabling them to be downloaded, stored and reproduced.
Before starting to use the Application, the Service Recipient and the User are required to read these Terms and Conditions, the Privacy Policy, and the data processing agreement (annexes to these Terms and Conditions).
By entering into the Agreement, the Service Recipient declares that it has read the content of these Terms and Conditions and undertakes to comply with them, and that these Terms and Conditions and the documents to which they refer were made available to it before the Agreement was concluded in electronic form in a manner allowing it to store and reproduce them in the ordinary course of business.
The Service Recipient is required to ensure that every User using the Application on behalf of or for the Service Recipient reads and complies with these Terms and Conditions.
By logging in to the Application for the first time, the User declares that it has read the content of these Terms and Conditions and undertakes to comply with them.
The Application and its functionalities are intended exclusively for entrepreneurs (B2B), including natural persons conducting sole proprietorships. The Service Provider does not enter into Agreements with consumers under these Terms and Conditions. If you are a consumer, the Service cannot be provided to you under these Terms and Conditions.
If the Service Recipient is a Consumer-Rights Entrepreneur, the special provisions contained in § 4a(4) and (5), § 4b, § 5(12), § 8(9), § 9(7), § 10(7)-(9), § 12(8), § 13(3), § 14(4)(3), § 15(3) and § 16(3) of these Terms and Conditions additionally apply to the Agreement. The special provisions concerning a Consumer-Rights Entrepreneur also apply where they have not been listed in the preceding sentence.
In the Registration process, a Service Recipient who is a natural person conducting business activity makes, in a separate field of the Registration form, a declaration concerning the professional character of the Agreement being concluded. The declaration serves to establish whether the Service Recipient is entitled to the status of a Consumer-Rights Entrepreneur, and does not exclude the application of Article 7aa of the Consumer Rights Act or Article 385(5) of the Civil Code.
§ 2a. Nature of the Application
Nature of the Application. The Application is an operational and analytical tool supporting the running of a Store. The Application does not replace the Service Recipient's storefront, advertising, warehouse or accounting systems, and is not an archiving system or a repository for documentation which the Service Recipient is required to retain under applicable law.
Obligation to download Outputs. The Service Recipient shall, on an ongoing basis, download and store in its own systems the Application Outputs that it needs to conduct its business or that constitute documentation of the performance of its obligations. The Service Provider does not guarantee the availability of historical Application Outputs after the Agreement is terminated or expires, subject to § 15a.
Backups. Backups performed as part of the maintenance of the Application serve solely to ensure the continuity of its operation and to restore it after a failure, and do not constitute a data archiving service for the Service Recipient. The Service Provider does not provide, under the Agreement, an on-demand restoration service for data deleted or modified by the Service Recipient or a User.
No professional advice. Application Outputs, including recommendations, audits, summaries and chat responses, do not constitute legal, tax, accounting, investment or financial advice, or regulatory advice. Nor do they constitute an assurance that a particular commercial result will be achieved. Where necessary, the Service Recipient should use the services of appropriate specialists.
§ 2b. Early Access Stage and Development Features
The Application is made available at the Early Access stage. This means that part of the Application's functionality constitutes Development Features, and the scope of available functionalities may change during the term of the Agreement.
The Service Recipient acknowledges that Development Features are at the development stage, may contain errors, may operate unstably, may be incomplete, and may be changed or withdrawn. The Service Provider does not guarantee the continuous availability of Development Features.
Development Features may be marked in the Application as Early Access, beta, pilot or experimental. The absence of a separate marking does not mean that a functionality ceases to be of a developmental nature. If a given functionality is not available in the Application, the Service Provider does not guarantee its operation, even if it has been described in informational materials or in these Terms and Conditions as planned.
Withdrawal of a Development Feature does not constitute an amendment of these Terms and Conditions. If a withdrawal materially limits the functionality of the Application, § 9(7) applies.
The Service Recipient and Users may submit suggestions, ideas, bug reports and proposals for the development of the Application to the Service Provider. Submitting such information is voluntary. By submitting it, the Service Recipient grants the Service Provider a free of charge, non-exclusive licence, unlimited in territory and time, to use, modify and implement it, without any obligation to credit authorship and without additional remuneration. This provision does not cover Input Data, Store Data or Application Outputs, to which § 13 applies.
The confidentiality of information about Development Features is governed by § 11 of these Terms and Conditions.
§ 3. Types of Accounts and Users
Within the Application, the Service Provider provides for the following User roles:
1) the Administrator role - a User authorised to manage access and configure the permissions of other Users, in accordance with the Application's functionalities;
2) the Editor role - a User using the Application's functionalities within the scope of permissions granted by the Administrator;
3) the Viewer role - a User using the Application's functionalities within the scope of permissions granted by the Administrator.
The number of Users in each role results from the Plan.
The number of Stores serviced under a single Account results from the selected Plan, in accordance with the Price List or the Order. Servicing, under a single Account, Stores belonging to entities other than the Service Recipient, in particular the use of the Application by an agency for its clients, requires separate arrangements in the Order, including as regards the further entrustment of personal data processing.
The first Account is created by the Service Recipient in the course of Registration; the Administrator role is assigned to that User. Access for subsequent Users is granted by the Administrator.
The Service Recipient is required to ensure that access data to the Application is used exclusively by the authorised User. Making access data to an Account available to unauthorised persons is prohibited. Every User should have their own, unique login credentials.
The detailed scope of actions available to individual Users is configured by the Administrator within the limits of the Application's functionalities. In particular, the right to approve Executive Actions may be granted to a User independently of the role assigned to them. Roles and granted permissions do not limit the scope of data visible to a User within an Account. The Service Recipient shall take this into account when granting access, in particular when performing its own obligations regarding the protection of personal data.
The Service Provider may refuse to create an Account or grant access to a User if this would be contrary to the Agreement or to justified security requirements.
§ 3a. Technical Requirements, Rules of Use and Security
Technical requirements. Using the Application requires meeting the following minimum technical requirements:
1) an end device with active access to the Internet and an installed, current version of a web browser enabling the use of the Application;
2) an active e-mail account, required for Registration, confirming the e-mail address, receiving access data and communicating with the Service Provider;
3) access to the external systems that the Service Recipient intends to connect to the Application, and the permissions allowing Integrations to be authorised;
4) the Service Provider may publish detailed, current requirements regarding supported browsers on the Application's website or in the Application;
5) the Service Provider reserves the right to update the technical and system requirements as the Application's technology develops, which does not constitute an amendment of these Terms and Conditions, subject to § 9(7);
6) the Service Provider is not liable for any inability to use the Application, errors in its operation, or performance drops, if they result from the User's hardware, network or software failing to meet the technical requirements referred to in this paragraph.
The Service Recipient and the User undertake to use the Application in accordance with its intended purpose, the Agreement (including these Terms and Conditions), applicable law, and good practice.
Prohibited actions. The Service Recipient and Users are prohibited from providing unlawful content and from undertaking any actions that could disrupt the functioning, integrity or security of the Application. In particular, it is prohibited to:
1) attempt to breach security measures, scan ports, test the system's vulnerabilities, or cause excessive server load;
2) introduce viruses, Trojan horses, worms, logic bombs or other code or scripts into the Application intended to damage, destroy or gain unauthorised access to data;
3) use bots, crawlers, scrapers or other automated tools to retrieve data from the Application, or use the Application in any manner other than through the interface provided;
4) attempt to decompile, disassemble or reverse engineer source code, or copy the appearance, layout of functions or processes of the Application in order to create a competing product;
5) undertake technical actions aimed at circumventing the Usage Limits specified in the Plan, in particular by creating multiple fictitious Accounts;
6) share login credentials with third parties or share a single Account among multiple persons in order to avoid the requirement to purchase additional access;
7) use the Application's artificial-intelligence-based functionalities to generate spam, disinformation, misleading content or content in breach of the law, or use Application Outputs to train competing machine learning models;
8) enter into the Application, or make available via an Integration, data, materials or content to which the Service Recipient does not hold the required rights, consents or legal grounds;
9) enter into the Application, or make available via an Integration, data revealing information about the health, sex life or sexual orientation of natural persons, or other special category data within the meaning of Article 9 of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). The Application is not intended for use by Stores where purchase history may reveal such information, in particular pharmacies, herbal stores, dietary supplement stores, medical or rehabilitation equipment stores, opticians, stores selling erotic goods, and stores with products intended for persons with specific medical conditions. The Service Recipient declares upon Registration that the Store it operates does not belong to any of these categories, and undertakes to promptly inform the Service Provider if this changes;
10) the Service Recipient is bound by the principle of fair and reasonable use of resources. The Service Provider applies system-level mechanisms to protect against infrastructure overload. If the Service Recipient's actions generate a disproportionately high load or use the Application in a manner inconsistent with its intended purpose, the Service Provider may temporarily limit the Account's throughput or block it until the matter is clarified, notifying the Service Recipient electronically.
Access management. The Service Recipient is responsible for promptly revoking or changing the permissions of a User who has lost the right to use the Application on behalf of the Service Recipient, or whose scope of permissions should change. The Service Provider reserves the right to verify how Accounts are used in order to detect instances of access sharing; if a breach is detected, it may suspend access to the Account or charge a fee for additional Users in accordance with the Price List.
Security measures. The Service Provider declares that it applies technical and organisational measures adequate to the level of risk to the security of the Service provided. The accounts of the Service Provider's employees and associates with access to the production environment are protected by two-factor authentication. The Service Provider maintains a log of access to the Service Recipient's data. A detailed description of the security measures is contained in the data processing agreement.
The Service Provider's access to the Service Recipient's data. Access to Input Data and Application Outputs may be obtained only by a limited group of authorised persons on the part of the Service Provider, and only to the extent necessary to provide the Service, handle a request, or handle an incident. Access is time-limited and logged.
Internet risks. The Service Recipient acknowledges that the use of services provided by electronic means involves risk arising from the public nature of the Internet, the complete elimination of which is not possible. The Service Provider recommends using unique, strong passwords, using the Application only via trusted devices and secure networks, and keeping the operating system and browser up to date. The Service Provider is not liable for damage arising from a breach of security attributable to the Service Recipient or Users.
§ 4. Conclusion of the Agreement, Trial Period, Paid Agreement
Access model. The Service Provider makes the Application available on a model that allows its functionalities to be reviewed before a purchase is made (the Trial Period). Entering into a Paid Agreement is voluntary and takes place only at the express request of the Service Recipient.
Registration and start of the Trial Period. Starting to use the Application under the free-of-charge Trial Period requires:
1) completing the registration form, including providing an e-mail address and the data identifying the Service Recipient, and submitting the declarations referred to in § 2(9) and § 3a(3)(9);
2) accepting these Terms and Conditions together with their annexes by ticking the relevant checkbox;
3) confirming the e-mail address and setting a password.
Conclusion of the Free Agreement. The Free Agreement is concluded at the moment the Account is created and access to the Application is made available. It covers the Trial Period, and after its end - if the Service Recipient does not conclude a Paid Agreement - access in Read-Only Mode on the terms set out in paragraph 4 and § 15a. The Free Agreement does not oblige the Service Recipient to subsequently conclude a Paid Agreement. Starting the Trial Period does not require providing payment card details or another payment instrument.
End of the Trial Period. The Trial Period expires automatically upon the lapse of its term. If a Paid Agreement is not concluded, the Service Recipient is not charged any fee, and the Account switches to Read-Only Mode. Access in this mode is not limited in time in advance and allows data to be viewed and exported in accordance with § 15a. Using the remaining functionalities of the Application requires concluding a Paid Agreement. The scope of data available in Read-Only Mode and the retention periods for personal data are set out in § 12, § 15a, the data processing agreement, and the Privacy Policy.
Conclusion of the Paid Agreement. The Paid Agreement is concluded as follows:
1) the Service Recipient selects a Plan in the Application, provides billing details, and chooses one of the available payment methods, providing the data required by the Payment Operator;
2) a Consumer-Rights Entrepreneur additionally submits the declarations referred to in § 4b(3), if it requests that the provision of the Service begin before the withdrawal period expires;
3) the Service Recipient places the Order by activating a button labelled in a manner that unambiguously indicates the obligation to pay, in particular "Order with obligation to pay";
4) the Paid Agreement is concluded at the moment the Service Provider confirms acceptance of the Order, sent to the e-mail address assigned to the Account.
Individually priced Plans and services. Concluding an Agreement for a Plan or an additional service priced individually, in particular expert services, non-standard Integrations or a dedicated availability level, requires contacting the Service Provider at kontakt@boostra.pl. Sending an inquiry constitutes an invitation to negotiate. The Agreement is concluded at the moment the Service Recipient accepts the agreed Order in at least documentary form.
Content of the Paid Agreement. The Paid Agreement consists jointly of these Terms and Conditions and the Order. In the event of any inconsistency between the content of these Terms and Conditions and the Order, the provisions of the Order shall prevail to the extent regulated therein.
Activation of the Service. Access to the Application's functionality corresponding to the selected Plan is activated without undue delay after the Paid Agreement is concluded. For a Consumer-Rights Entrepreneur, the Service is delivered immediately after the Paid Agreement is concluded (Article 43j of the Consumer Rights Act).
Capacity to conclude the Agreement. These Terms and Conditions and the Order are accepted by a person authorised to act on behalf of the Service Recipient. The Service Recipient declares that the person giving the acceptance is duly authorised to do so. If the acceptance is given by a natural person conducting business activity acting in their own name, that person should be of legal age and have full legal capacity.
§ 4a. Term of the Paid Agreement and Renewal of the Subscription
Term. The Paid Agreement is concluded for a Subscription Period of one month, counted from the date it is concluded, unless the Order provides otherwise.
Automatic renewal. Upon expiry of the Subscription Period, the Paid Agreement is automatically extended for a further Subscription Period, unless the Service Recipient cancels the Subscription.
Cancelling the Subscription. The Service Recipient may cancel the Subscription at any time, independently, in the Application, in the payment management module, without giving a reason, without additional fees, and without the need to contact the Service Provider. Cancellation is effective upon expiry of the current Subscription Period; until that date the Service is provided on the existing terms. Cancelling the Subscription does not require observing a notice period.
Renewal notice. The Service Provider notifies the Service Recipient by e-mail of the upcoming automatic renewal of the Subscription and of the amount of the Subscription Fee payable for the next Subscription Period before the renewal date. The notice includes instructions on how to cancel the Subscription.
Change in the amount of the Subscription Fee. In the event of automatic extension of the Paid Agreement, fees for the next Subscription Period are charged in accordance with the Price List in effect on the date of extension, unless the Order guarantees a fixed price. If the amount of the Subscription Fee changes, the Service Provider notifies the Service Recipient of this by e-mail at least 30 Days before the renewal date and delivers to it the current Price List. A Service Recipient who does not accept the new amount of the Subscription Fee may cancel the Subscription with effect at the end of the current Subscription Period. Failure to cancel the Subscription before the renewal date constitutes acceptance of the new amount of the Subscription Fee.
Failure to pay on time. The consequences of a failure to pay the Subscription Fee on time, including suspension of the provision of the Service and termination of the Agreement, are set out in § 5.
§ 4b. Right of Withdrawal from the Agreement - Consumer-Rights Entrepreneur
A Consumer-Rights Entrepreneur has the right to withdraw from the Paid Agreement within 14 Days of the date it was concluded, without giving a reason and without incurring costs, subject to paragraphs 3 and 4 (Article 7aa in conjunction with Article 27 of the Consumer Rights Act).
A declaration of withdrawal may be submitted in any form, in particular by e-mail to support@boostra.pl, or using the template set out in Annex No. 3 to these Terms and Conditions. To meet the deadline, it is sufficient to send the declaration before it expires.
Commencement of performance before the withdrawal period expires. If a Consumer-Rights Entrepreneur wants the provision of the Service to begin before the withdrawal period for the Paid Agreement expires, it submits, in the Application, before placing the Order:
1) an express request for the provision of the Service to begin before the withdrawal period expires, and
2) a declaration acknowledging that it will be obliged to pay for the services performed up to the moment of withdrawal, in proportion to the scope of the service performed up to that moment (Article 35 of the Consumer Rights Act), and that it will lose the right to withdraw from the Paid Agreement once the Service has been fully performed by the Service Provider (Article 38(1)(1) of the Consumer Rights Act).
Effects of withdrawal. The Paid Agreement is deemed not to have been concluded. The Service Provider refunds the Subscription Fee within 14 Days of receiving the declaration of withdrawal, using the same method of payment used by the Consumer-Rights Entrepreneur, reduced by the amount due for the services performed up to the moment of withdrawal, if the request referred to in paragraph 3 was made.
Upon withdrawal, the Account switches to Read-Only Mode; § 15a applies to the handling of the data.
The right of withdrawal does not apply to the Free Agreement (Trial Period), for which the Service Recipient is not required to pay a price.
The Service Provider does not use content other than personal data, supplied or created by a Consumer-Rights Entrepreneur while using the Service, except in the cases indicated in Article 43o(2) of the Consumer Rights Act, and makes that content available to it free of charge, at its request, in a machine-readable format, on the terms set out in § 15a.
§ 5. Payments, Usage Limits and Capacity Top-Ups
Fees. After the end of the Trial Period, Services are provided for a fee on a subscription basis if the Service Recipient selects a paid Plan. The amount of the fees and the scope of the Service are set out in the Price List or the Order accepted by the Service Recipient. For offers addressed to entrepreneurs, prices are net prices, unless it was expressly indicated before the Order was placed that a given price is a gross price; VAT is added to the net price at the rate in effect at the time the tax obligation arises.
Payment method. The Subscription Fee is paid in advance for a given Billing Period, via the Payment Operator, using the payment methods available in the Application. If the selected payment method allows recurring payments, by placing the Order the Service Recipient authorises the collection of the Subscription Fee for each subsequent Subscription Period until the Subscription is cancelled. The invoice is sent to the e-mail address assigned to the Account. For individually priced Plans or services, payment may be made on the basis of an invoice, within the period specified in the Order.
Failed payment. If a payment fails, the Service Provider retries collecting it, if the selected payment method allows this, and calls on the Service Recipient to pay, setting an additional deadline of not less than 7 Days. Upon the ineffective lapse of this deadline, the Service Provider may suspend the provision of the Service or terminate the Paid Agreement with immediate effect for reasons attributable to the Service Recipient.
Exhaustion of AI Capacity. After the AI Capacity assigned to the Plan is exhausted, the Service Provider does not automatically charge additional fees. Functionalities using AI Capacity are suspended until the start of the next Billing Period or until a Capacity Top-Up is purchased. The Service Provider notifies of the approaching and actual exhaustion of AI Capacity in the Application. The remaining functionalities of the Application remain available.
Capacity Top-Up (Boost-Up). A Capacity Top-Up may be purchased only during an active Subscription and is made for a one-off fee specified in the Price List. Unused AI Capacity acquired through a Capacity Top-Up carries over to subsequent Billing Periods for the duration of an active Subscription. After the Paid Agreement is terminated or expires, the balance of an unused Capacity Top-Up remains assigned to the Account, but it may only be used after a Paid Agreement is concluded again. The balance is not payable out in cash.
Change of Plan. The Service Recipient may change its Plan to a higher one at any time; the change is effective immediately, and the difference in the Subscription Fee for the current Billing Period is settled proportionally to the number of Days remaining until its end. A change to a lower Plan is effective from the next Subscription Period.
Suspension of the provision of the Service. Suspension is not equivalent to termination of the Agreement and does not release the Service Recipient from the obligation to pay the Subscription Fee for the period during which the Service was provided or remained ready to be provided. Retaining access to the Application after the ineffective lapse of the additional payment deadline does not entitle the Service Recipient or Users to use the Service.
Late payment. In the event of late payment, the Service Provider is entitled to statutory interest for late payment.
Additional services. Expert services, non-standard Integrations, implementation support and a dedicated availability level are not covered by the Subscription Fee and are priced separately, on the basis of an Order.
Unjustified transaction dispute. If the Service Recipient disputes, with the issuer of the payment instrument, a transaction for payment of the Subscription Fee, and the dispute proves to be unjustified, the Service Provider may charge the Service Recipient the documented costs of the dispute-handling procedure with the Payment Operator and may suspend the provision of the Service until the amount due is settled.
Refund for an unused period. Termination of the Paid Agreement by cancelling the Subscription does not entail a refund of funds for unused time within an already paid Subscription Period, unless mandatory provisions of law provide otherwise or § 4b or § 10(8) applies.
Special provisions regarding a Consumer-Rights Entrepreneur. Paragraph 10 does not apply to a Consumer-Rights Entrepreneur. In relation to a Consumer-Rights Entrepreneur, collecting any fee not covered by the Price List or the Order requires its prior, express consent.
§ 6. Integrations and Third-Party Providers' Services
The Application enables a technical Integration with Third-Party Providers' solutions. Replacing a Third-Party Provider's solution with another solution of equivalent scope, and adding a new solution, does not constitute an amendment of the Agreement or these Terms and Conditions; the Service Provider reflects such a change in the lists referred to in § 1(9) and (15). § 9(7) applies to changes that materially limit the functionality of the Application. This does not affect the obligations regarding changes of processors set out in § 12(5).
The Service Provider supplies only the IT solution enabling communication with Third-Party Providers' services. The Service Provider is not a party to the agreement concluded between the Service Recipient and a Third-Party Provider and is not liable for the operation, quality or errors of those services, unless mandatory provisions of law provide otherwise.
Authorising an Integration. An Integration is authorised by the User under the procedure made available by the Third-Party Provider. The scope of permissions transferred to the Application is presented to the User by that provider during the authorisation process. Accounts in external systems, including the Store and advertising and analytics accounts, belong to the Service Recipient; the Service Provider does not create such accounts on the Service Recipient's behalf.
Access credentials. The Service Provider may store tokens or other credentials obtained in the Integration authorisation process only to the extent necessary to provide the Service. Credentials are protected by measures adequate to the risk and are deleted or invalidated after an Integration is disconnected or an Account is permanently deleted, unless earlier deletion occurs automatically as a result of the expiry or revocation of the authorisation on the part of the external system's provider.
Disconnecting an Integration. The Service Recipient may disconnect an Integration at any time, independently, in the Application or in the external system. Disconnecting an Integration results in the loss of access to the Application's functionalities based on data from that system and does not constitute termination of the Agreement.
External terms and conditions. Using an Integration may require accepting the terms and conditions of Third-Party Providers. The Service Recipient undertakes to comply with them. The Service Recipient declares that it is authorised to connect the Store and its advertising and analytics accounts to the Application, and that such connection does not violate the terms of use of those systems.
No payment services. The Service Provider does not take possession of the Service Recipient's funds used in external systems, in particular advertising budgets, does not provide payment services, and does not act as an intermediary in monetary transactions. Settlements arising from the use of external systems take place directly between the Service Recipient and the Third-Party Provider.
§ 7. Specifics of Artificial Intelligence and Technological Limitations
Technology. The Application uses artificial intelligence systems, including large language models and - to the extent functions are made available - image-generating models, supplied by Third-Party Providers. Model providers may be used interchangeably. The current list of entities to which the Service Provider entrusts the processing of personal data, including AI model providers, is indicated in the data processing agreement and its updates.
Probabilistic nature. The Service Recipient acknowledges that this technology is probabilistic, not deterministic, in nature. This means that, for the same set of Input Data, the Application may generate different Application Outputs at different times.
Risk of error. The Service Provider expressly reserves that, due to the nature of artificial intelligence, the Application may generate content that is untrue, misleading or incomplete, and may omit material facts. In particular, the estimated impact of recommendations on revenue, the priorities indicated, and the conclusions of audits are in the nature of a forecast based on available data and do not constitute an assurance that a particular result will be achieved.
No automated decision-making. The Application is a tool supporting the work of the Service Recipient and the User. The Application does not make decisions concerning natural persons based solely on automated processing that would produce legal effects concerning them or similarly significantly affect them (Article 22 GDPR). Application Outputs require assessment and verification by the User before they are used, and Executive Actions require the User's approval in accordance with § 7b.
Currency of external data. Data retrieved from external systems and from Third-Party Providers' databases may have a cut-off date and may not reflect real-time events. The Service Provider exercises due diligence to ensure that Integrations function correctly, but is not liable for delays, errors or gaps in data made available by Third-Party Providers.
Legality of Input Data. The Service Recipient declares that it holds all necessary rights, consents and legal grounds, including grounds compliant with the GDPR, to enter data into the Application and to make Store Data available via an Integration, for the purpose of its processing using artificial intelligence.
Scope of data transferred to models. The Service Provider designs the data flow so that the first name, surname, e-mail address, telephone number, address or other direct identifiers of buyers are not transferred to external artificial intelligence models. Aggregated results, product data and the business context necessary to carry out the User's instruction may be sent to the models. If the Application presents the User with information concerning a specific buyer, the linking of the result to identifying data takes place on the Application's side, without transferring those identifiers to the model provider. If the User independently enters identifying data of a buyer into an instruction addressed to the Application, that data may be transferred to the model provider; the consequences of such transfer are borne by the Service Recipient.
Sole responsibility for verification. The Service Recipient bears sole responsibility for the substantive verification of Application Outputs before using, saving, publishing or making them available to third parties. The Service Provider is not liable for damage resulting from reliance on incorrect Application Outputs.
§ 7a. Compliance with the Artificial Intelligence Act (AI Act)
Role of the Parties. The Application uses an artificial intelligence system within the meaning of the AI Act. The Service Provider makes the Application available under its own name and, in this respect, acts as the provider of the AI system, while the Service Recipient acts as the deployer of that system.
Classification of the Application. In accordance with the assessment carried out by the Service Provider, the Application does not constitute a high-risk AI system within the meaning of Article 6 and Annex III of the AI Act. This assessment is updated in the event of a change to the Application's functionality or to applicable law.
Notice of interaction with an AI system. On first interacting with the conversational function, the Application provides the User with a clear and easily noticeable notice that the User is interacting with an artificial intelligence system, unless this is obvious given the circumstances and manner of presentation of the function to a reasonably well-informed, observant and circumspect user (Article 50(1) AI Act).
Marking of content generated by artificial intelligence. Application Outputs generated or materially modified by AI are marked in the interface as AI-generated content. The Service Provider also applies the technical markings required by Article 50(2) of the AI Act to the extent that this obligation applies to the Application. A function for the direct publication of content to an external channel may be made available only where the mechanisms for marking and control required by law have been implemented; otherwise the Application makes the content available as a draft for copying or export.
Obligations of the Service Recipient as a deployer. The Service Recipient decides whether to save, export or publish content generated in the Application. If the Service Recipient publishes such content in order to inform the public about matters of public interest, it discloses that the content has been generated or manipulated by artificial intelligence (Article 50(4) AI Act). This obligation does not arise if the content has undergone human review or editorial control for which the Service Recipient is responsible. The Service Provider informs that content drafts generated in the Application are presented to the User for approval before they are saved, exported or published. It is for the Service Recipient to assess whether, in a given case, editorial review has taken place and editorial responsibility for the published content has been assumed within the meaning of Article 50(4) of the AI Act.
User competence. The Service Recipient shall ensure that Users have an adequate level of AI literacy, as referred to in Article 4 of the AI Act, appropriate to the manner in which they use the Application, and are aware of the limitations indicated in § 7.
Manner of using the Application. The Service Recipient undertakes not to use the Application in a manner that would cause it to be classified as a high-risk AI system, in particular for the automated making of decisions concerning natural persons that produce legal effects or similarly significant effects, without human involvement and verification.
§ 7b. Executive Actions in the Service Recipient's External Systems
Scope of operations performed by the Application. The Application performs, in the Service Recipient's external systems, exclusively:
1) read operations and operations that do not introduce changes to external systems, in particular data synchronisation, reading statistics, calculating indicators, performing audits, preparing recommendations and alerts, and generating content and graphic material drafts - without the User's approval on each occasion, on the basis of the Integration's authorisation;
2) Executive Actions, i.e. write operations that change the state of an external system - only following the User's prior, express approval on each occasion.
No automatic mode. The Application does not provide a mode in which Executive Actions would be performed without the User's approval. No Executive Action is performed on the basis of a general, one-off consent given during the authorisation of an Integration.
Catalogue of Executive Actions. As of the effective date of these Terms and Conditions, the Application enables the performance of the following Executive Actions, provided the relevant feature is available under the Service Recipient's Plan and in the connected external system:
1) pausing or resuming an advertising campaign in Google Ads;
2) publishing or changing a product description or photo in the Store.
The scope of currently available Executive Actions is presented to the User in the Application before they are approved. The mere generation, in the Application, of content or graphic materials intended for an advertising campaign does not constitute an Executive Action, so long as it does not result in a change in the connected external system; saving or publishing such materials in the external system requires the User's approval on each occasion, in accordance with this paragraph.
Manner of approval. Before an Executive Action is performed, the Application presents to the User the object to which the action relates, the proposed change, and its effect. An Executive Action is performed once it has been approved by the User. Approval may only be given by a User holding the appropriate permissions in the Application, in accordance with § 3(1).
Logging of Executive Actions. The Service Provider records information allowing it to establish at least the User who approved the Executive Action, the time of the action, the external system, its result, and - where technically available - the object and its state before and after the action was performed. The scope of information presented directly in the Application may depend on the functionality of the given Plan and the capabilities of the external system's API.
Extending the catalogue. Making available Executive Actions performed in bulk, or relating to budgets, bids, product prices or stock levels, requires the prior introduction of limits per single action and per day, configurable by the Service Recipient, as well as separately informing the Service Recipient of the scope of the new functionality and how to disable it. § 15(5) applies to such a change.
Reversibility. The Service Provider does not guarantee that every Executive Action can be undone. A paused advertising campaign can be resumed. The Service Recipient reverses the effects of the remaining Executive Actions independently, in the external system in which they were performed.
Non-performance or partial performance. If the performance of an Executive Action fails, or succeeds only in part, for reasons attributable to the external system, the Application presents to the User the result returned by that system. The Service Recipient shall verify the state of the external system after an Executive Action is performed.
Division of liability:
1) the Service Recipient is liable for the content and effects of approved Executive Actions, including their compliance with applicable law, in particular advertising law and consumer protection law, and with the terms and conditions of Third-Party Providers;
2) the Service Provider is liable for performing an Executive Action in accordance with the content approved by the User;
3) the Service Provider is not liable for the effects of an Executive Action performed in accordance with the User's approval, in particular for the results of an advertising campaign, the level of sales in the Store, decisions of Third-Party Providers concerning the Service Recipient's account, or for lost profits.
§ 8. Liability of the Service Provider and the Service Recipient
Undertaking of the Service Provider. The Service Provider undertakes to provide the Service with the due diligence required in professional dealings for SaaS applications, striving to ensure the continuity of the Application's operation.
The limitations and exclusions of the Service Provider's liability provided for in these Terms and Conditions and in the Agreement do not apply to damage caused by the Service Provider intentionally, and, to the extent relating to data sharing (the scope required by the Data Act), do not apply to damage caused intentionally or through gross negligence.
Exclusions of liability. In particular, the Service Provider's liability is excluded for:
a) the Service Recipient's lost profits (lucrum cessans);
b) indirect and consequential damage, including damage resulting from a disruption to the Service Recipient's business;
c) business decisions made by the Service Recipient or a User on the basis of Application Outputs, including decisions concerning prices, assortment, advertising budgets and content;
d) the consequences of providing untrue, outdated or incomplete data by the Service Recipient or a User;
e) administrative fines, penalties, sanctions and other public-law charges imposed on the Service Recipient or its personnel in connection with the business it conducts, in particular by the President of the Personal Data Protection Office, the President of the Office of Competition and Consumer Protection, or tax authorities;
f) claims of third parties, including buyers in the Store and Third-Party Providers.
To the extent that the provisions on statutory warranty for defects (rękojmia) would apply to the Agreement, the Service Provider's liability on that basis is excluded to the fullest extent permitted by law. The Service Provider does not give any warranties or assurances regarding the Application other than those expressly provided for in the Agreement; in particular, it does not guarantee that the Application will meet the Service Recipient's expectations or enable a particular result to be achieved.
Limitation of liability. The Service Provider's total, aggregate liability for damages towards the Service Recipient is structured as follows:
a) it is limited to an amount equal to the Subscription Fees paid by the Service Recipient during the 12 months preceding the event giving rise to the damage, or, if the Paid Agreement has been in force for a shorter period, to twelve times the Subscription Fee due for the Billing Period in which that event occurred (this applies to liability arising in connection with the Paid Agreement);
b) in the case of liability arising in connection with the Free Agreement - it is determined on the general principles of the Civil Code, taking into account the exclusions and limitations provided for in this paragraph; the Service Provider is liable only for the normal consequences of non-performance or improper performance of the Agreement arising from circumstances for which it is responsible, within the limits of the loss actually incurred by the Service Recipient. In particular, the Service Provider is not liable for the effects of Executive Actions approved by the User, if they were performed in accordance with the content of that approval, subject to § 7b(9).
The limit referred to in point a) constitutes the upper limit of the Service Provider's liability for all events occurring in, and in connection with, a given period, regardless of their number and legal basis.
Circumstances excluding liability. To the maximum extent permitted by applicable law, the Service Provider is not liable for disruptions and errors in the functioning of the Application resulting from:
1) acts or omissions of Third-Party Providers and the improper operation of solutions supplied or made available by them, including failures, changes, restrictions or the withdrawal of the APIs of storefront, advertising and analytics platforms, and the suspension or blocking of the Service Recipient's account by a Third-Party Provider;
2) force majeure, meaning external, extraordinary events that could not be prevented despite the exercise of due diligence, as recognised by the Parties;
3) necessary and planned technical, servicing or maintenance work;
4) causes attributable solely to the Service Recipient or a User, including configuration errors, network blocks and outdated browser versions;
5) unauthorised access to an Account caused by the negligence of the Service Recipient or Users;
6) the loss of Input Data or Application Outputs for reasons attributable to the Service Recipient or a User, in particular their deletion by a User or a failure to perform an export within the periods referred to in § 15a;
7) the disconnection of an Integration by the Service Recipient or the revocation of authorisation in the external system.
Specifics of artificial intelligence outputs. To the fullest extent permitted by law, the Service Provider is not liable for errors, inaccuracies, incompleteness or untrue content in Application Outputs generated by integrated artificial intelligence systems. The Service Recipient is liable for decisions made on the basis of those outputs without appropriate human verification.
Indemnification. The Service Recipient undertakes to indemnify the Service Provider against liability towards third parties, including Users, buyers in the Store, Third-Party Providers and authorities, for claims, penalties or costs arising directly or indirectly from the Service Recipient's breach of law, including the GDPR and the intellectual property rights of third parties, in connection with the use of the Application, unless the damage was caused by the Service Provider's intentional fault. This provision does not apply to a Consumer-Rights Entrepreneur.
Special provisions regarding a Consumer-Rights Entrepreneur. The limitations and exclusions of liability provided for in this paragraph do not apply to a Consumer-Rights Entrepreneur to the extent that they would constitute a prohibited contractual clause (Article 385(1) in conjunction with Article 385(5) of the Civil Code). This does not limit the rights of a Consumer-Rights Entrepreneur under Chapter 5b of the Consumer Rights Act, referred to in § 10(7)-(9).
Action of a User on behalf of the Service Recipient. A User uses the Application solely on behalf of and for the Service Recipient, and all legal consequences of its acts or omissions are borne by the Service Recipient. Any claims relating to the use of the Application may be directed by Users solely to the Service Recipient.
No third-party rights. These Terms and Conditions and the Agreement do not confer any rights on third parties. No provision of them makes any third party a beneficiary of the Agreement.
§ 9. Availability of the Application, Maintenance Windows, Technical Support and Modifications
No availability guarantee. The Service Provider exercises due diligence to ensure that the Application is available without interruption; however, it does not, under these Terms and Conditions, provide an availability guarantee (SLA) or grant service credits. A dedicated availability level, together with compensation rules, may be agreed in the Order, for separate remuneration.
Maintenance windows. The Service Provider carries out maintenance work on the following terms:
1) planned maintenance work is, where reasonably possible, carried out during periods of lower Application load and communicated to Service Recipients with reasonable advance notice;
2) urgent updates relating to important fixes may be implemented on shorter notice, with information provided to Service Recipients where possible before the work begins;
3) emergency work may be implemented immediately and without prior notice, if this is necessary for the security of the Application, the protection of data, or to remedy a failure.
The Service Provider communicates the information referred to in points 1 and 2 by e-mail or in the Application.
Specifics of artificial intelligence. The Service Recipient acknowledges that the time needed to perform operations based on artificial intelligence may depend, in particular, on the complexity of the task, the load on the Application, and the operation of Third-Party Providers, and is not covered by a response-time guarantee, unless the Parties expressly agree otherwise in the Order.
Interruptions resulting from the operation of external systems. A lack of access to data from an external system, a delay in synchronisation, or an inability to perform an Executive Action, resulting from a failure, restriction or change on the part of a Third-Party Provider, does not constitute non-performance or improper performance of the Service by the Service Provider. The Service Provider notifies the Service Recipient of significant disruptions of this kind of which it is aware.
Technical support. The Service Provider provides technical support during Support Hours. Requests are accepted at support@boostra.pl. A request should include an identification of the Service Recipient, a description of the malfunction, and, where possible, the date and time it occurred. The Service Provider handles requests without undue delay and takes steps to remedy the malfunction, without guaranteeing a specific response time or that the malfunction will be remedied, unless a separate level of support has been agreed in the Order.
Modifications to the Application. The Service Provider reserves the right to make changes to the Application, update the interface and modify technical processes, in particular for the following justified reasons: implementing new functionalities and interface improvements, technological changes and performance optimisation, the need to adapt the Application to changes in law or supervisory authority guidance, raising the level of cybersecurity, and changes on the part of Third-Party Providers. Such changes do not involve additional costs for the Service Recipient and may not lead to a reduction in the Application's level of security or deprive it of its basic purpose.
Changes that materially limit functionality. The Service Provider notifies the Service Recipient by e-mail, at least 30 Days in advance, of a change that materially limits the functionality of the Application. Within the period indicated in the notice, the Service Recipient may terminate the Agreement with effect as of the date the change takes effect, without additional costs; the Subscription Fee is settled in proportion to the period during which the Service was provided. If the change results from reasons beyond the Service Provider's control, in particular a change to or the withdrawal of a Third-Party Provider's solution, the Service Provider notifies of it without delay after becoming aware of it; in such a case, the Service Recipient may terminate the Agreement with immediate effect.
Updates necessary to maintain compliance. The Service Provider notifies the Service Recipient of updates necessary to maintain the Service's compliance with the Agreement and delivers them during the term of the Agreement.
§ 10. Complaints and Compliance of the Service with the Agreement
Subject matter of a complaint. The Service Recipient may file a complaint regarding the provision of the Service, in particular the availability of the Application, the malfunctioning of its functionalities, the performance of an Executive Action, or billing.
Form and content of a complaint. A complaint is filed by e-mail to support@boostra.pl. A complaint should include an identification of the Service Recipient, a description of the malfunction, the date or period it occurred, and the expected manner of resolution.
Time for handling. The Service Provider handles a complaint within 14 Days of receiving a complete complaint. If handling the complaint requires obtaining information from the Service Recipient or from a Third-Party Provider, the running of this period is suspended for the time spent waiting for that information, of which the Service Provider notifies the Service Recipient.
A response to the complaint is given in documentary form to the address from which the complaint was filed, and includes a justification of the Service Provider's position.
Complaint and the obligation to pay. Filing a complaint does not release the Service Recipient from the obligation to pay the Subscription Fee or other amounts due within the periods resulting from the Agreement.
Distinction from service requests. A service request referred to in § 9(5) does not constitute a complaint, and filing a complaint is not a condition for making a service request.
Compliance of the Service with the Agreement in relation to a Consumer-Rights Entrepreneur. The provisions of Chapter 5b of the Consumer Rights Act apply to an Agreement concluded with a Consumer-Rights Entrepreneur (Article 7aa of the Consumer Rights Act). The Service Provider is liable for a lack of conformity of the Service with the Agreement; in the case of a Service supplied on a continuous basis - for a lack of conformity occurring or revealed during the time the Service was to be supplied in accordance with the Agreement (Article 43l of the Consumer Rights Act).
Rights of a Consumer-Rights Entrepreneur. In the event of a lack of conformity of the Service with the Agreement, a Consumer-Rights Entrepreneur may demand that the Service be brought into conformity with the Agreement. The Service Provider shall bring the Service into conformity with the Agreement within a reasonable time from being informed of the lack of conformity, without undue inconvenience to the Consumer-Rights Entrepreneur and at its own expense (Article 43m of the Consumer Rights Act). If bringing the Service into conformity with the Agreement is impossible or would require excessive costs, and also in the other cases indicated in Article 43n of the Consumer Rights Act, the Consumer-Rights Entrepreneur may submit a declaration on a price reduction or withdrawal from the Agreement. The price is refunded within 14 Days of receipt of the declaration, using the same method of payment (Article 43o of the Consumer Rights Act).
§ 4b(5) and (7) and § 15a apply to the handling of data after withdrawal from the Agreement by a Consumer-Rights Entrepreneur.
§ 11. Confidentiality
Confidential information. The Parties undertake to keep confidential the technical, technological, organisational and commercial information obtained from the other Party in connection with the conclusion or performance of the Agreement, the disclosure of which could expose that Party to damage, and to use it solely for the purpose of performing the Agreement.
In particular, the Service Recipient and Users undertake not to publicly disclose information about unpublished Application functionalities, test materials, technical documentation or product development plans made available to them in connection with using Development Features.
The confidentiality obligation does not apply to information that is publicly available, obtained from a third party authorised to disclose it, developed independently without the use of the other Party's confidential information, or information whose disclosure is required by law or by the request of an authorised authority; in the latter case, the disclosing Party shall inform the other Party of this, provided the law allows it to do so.
The confidentiality obligation applies during the term of the Agreement and for a period of 3 years after its termination or expiry.
The provisions of this paragraph do not limit the Service Recipient's right to express opinions about the Application or to inform others that it uses it, nor its right to report irregularities to the competent authorities.
References. The Service Provider may use the Service Recipient's company name, Store name and logo in reference materials, including implementation case studies, only after obtaining the Service Recipient's prior consent expressed in at least documentary form. Consent may be revoked at any time with effect for the future.
§ 12. Personal Data and Sub-Processors
The Service Provider as controller. With regard to the personal data of persons representing the Service Recipient, persons designated by the Service Recipient as contacts, and Users, processed in connection with the conclusion, performance or settlement of the Agreement, the Service Provider acts as controller. Detailed information on the purposes, legal bases for processing, and the rights of data subjects is set out in the Privacy Policy.
The Service Recipient as controller. With regard to Store Data, including buyers' personal data, and other personal data entered into the Application or made available via an Integration, the Service Recipient remains the controller of that data, or another entity authorised to commission its processing. The Service Recipient is responsible for the lawfulness of making that data available to the Application, including having a proper legal basis for processing and fulfilling the information obligations towards data subjects, in particular buyers in the Store.
The Service Provider as processor. With regard to the data referred to in paragraph 2, the Service Provider acts as processor. The detailed rules for processing, including the scope of the entrustment, the Parties' obligations, the rules for using sub-processors, security requirements, and the rules for handling data after the Service ends, are set out in the data processing agreement.
Data processing agreement. Upon concluding the Agreement, the Service Recipient enters into a data processing agreement with the Service Provider, in the form set out in Annex No. 2 to these Terms and Conditions, accepted electronically together with these Terms and Conditions and forming an integral part of the Agreement. In the event of any inconsistency between the provisions of these Terms and Conditions and the data processing agreement, in matters concerning the processing of personal data the provisions of the data processing agreement shall prevail.
Sub-processors. The current list of sub-processors is contained in the data processing agreement and its updates. The Service Provider notifies the Service Recipient by e-mail, at least 30 Days before a change is introduced, of its intention to add or replace a sub-processor. Within this period, the Service Recipient may raise a justified objection. The procedure for handling the objection and its effects, including the Service Recipient's right to terminate, are set out in the data processing agreement.
Transfer of data outside the European Economic Area. The Application's core production infrastructure is maintained within the European Economic Area. If, in connection with the use of Third-Party Providers, personal data is transferred outside the EEA, the Service Provider ensures the application of the transfer basis and safeguards required by the GDPR. Details concerning sub-processors, processing locations and transfer mechanisms are set out in the data processing agreement and the information provided in connection with its updates.
Requests from data subjects. Requests from buyers and other persons whose data the Service Recipient processes in the Application, addressed to the Service Provider, are forwarded to the Service Recipient as controller. The Service Provider supports the Service Recipient in fulfilling them, acting on its documented instructions, unless applicable law requires the Service Provider to act independently.
Third-party claims. If a third party asserts against the Service Provider claims arising from the Service Recipient's or a User's making personal data available to the Application, the Service Recipient undertakes to cooperate in the Service Provider's defence and to cover the reasonable damages and costs incurred by the Service Provider, to the extent that such claims result from a breach of law or of the Agreement on the part of the Service Recipient. This provision does not limit the Service Provider's liability for breaches attributable to it, and does not apply to a Consumer-Rights Entrepreneur.
§ 13. Intellectual Property and Licence
Rights of the Service Provider. All intellectual property rights to the Application, including economic copyrights to the source code, interface, algorithms, system prompts and logos, belong exclusively to the creators of the Application, including the Service Provider. The Agreement does not transfer any economic copyrights to the Service Recipient. Due to the cloud-based service model, the Service Provider grants the Service Recipient a non-exclusive, non-transferable right, limited in time to the Trial Period or the Subscription Period respectively, to access and use the Application's functionalities via the web interface, solely for the Service Recipient's own professional and business needs.
Right to process Input Data. Upon entering Input Data into the Application, or making it available via an Integration, the Service Recipient declares that it is duly authorised to do so, and grants the Service Provider a non-exclusive, royalty-free licence to use that Input Data, to the extent it constitutes a work, to the extent necessary to provide the Service, for the term of the Agreement and for the period after its termination or expiry - until the Input Data is permanently deleted, and, with respect to backup copies, until they are overwritten as part of the retention cycle. This includes the right to save, process, reproduce and store the Input Data, to create derivative works from it to the extent necessary to provide the Service, in particular by translating, transforming, summarising, organising and reformatting it, and to process it using artificial intelligence.
Declaration of the Service Recipient. The Service Recipient warrants that it holds full rights, consents or licences to all Input Data. If third parties assert claims for infringement of copyright, personal rights or privacy, the Service Recipient undertakes to indemnify the Service Provider and to cover the costs of legal defence; this provision does not apply to a Consumer-Rights Entrepreneur.
Given the specifics of artificial intelligence, the Service Recipient acknowledges that materials generated entirely automatically may not constitute a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights. The Service Recipient acquires the right to use Application Outputs in its own business, including to publish and commercially exploit them, but does not acquire exclusive rights to them. The Application may generate an identical or similar output for other service recipients entering similar queries.
Protection of data against use for training models:
1) the Service Provider does not use Input Data, Store Data or Application Outputs to train, fine-tune, assess the quality of, or develop artificial intelligence models, including its own models, or to build training or test datasets. This also applies to pseudonymised data.
2) to the extent that the Service Provider uses Third-Party Providers' solutions to provide the Service, the Service Provider uses the available settings and contractual terms that exclude the use of Input Data and Application Outputs for training artificial intelligence models (opt-out), except where this is necessary to perform the Service ordered by the Service Recipient or where such an obligation arises from mandatory provisions of law, a final court judgment, or a binding request of an authorised authority.
3) the Service Provider is not liable in damages for breaches committed by Third-Party Providers if, despite applying the measures referred to in point 2, a Third-Party Provider uses Input Data or Application Outputs for the purpose of training, developing or improving its own models or services, in breach of the opt-out settings or contractual arrangements.
Anonymised data and comparative benchmarks:
1) the Service Provider is entitled to create and use statistical and aggregate data arising from the use of the Application, provided that such data has been irreversibly anonymised and does not allow the identification of the Service Recipient, the Store, or a natural person.
2) the data referred to in point 1 may be used, in particular, to prepare comparative benchmarks (industry benchmarks) made available to other service recipients and published in the Service Provider's materials, but only after they have been irreversibly anonymised and aggregated in a manner that does not allow the identification of a natural person or a specific Service Recipient, the reconstruction of source data, or the derivation of information constituting the Service Recipient's trade secrets.
3) the data referred to in point 1 is not used to train artificial intelligence models.
4) at the Service Recipient's request, the Service Provider excludes data originating from its Store from the benchmarks referred to in point 2.
Restrictions. In particular, it is prohibited to: copy, modify or create derivative works of the Application or its structure; attempt reverse engineering, decompilation, or obtaining the source code; circumvent technological security measures and query limits; use the API or Application Outputs to create, train or fine-tune competing artificial intelligence models; enter prompts that violate the acceptable-use policies of model providers.
Assurance of the Service Provider. The Service Provider declares that it holds the rights necessary to make the Application available to the Service Recipient to the extent resulting from the Agreement.
§ 14. Rules of Permitted Use and Prohibited Content
Responsibility for content. The Service Recipient and Users bear sole responsibility for all Input Data entered into the Application and for the Application Outputs that they save, export or publish. Entering Input Data into the Application is equivalent to declaring that the Service Recipient holds full rights to it and that it does not infringe the rights of third parties.
Catalogue of unlawful content. It is absolutely prohibited to enter into the Application Input Data, and to generate and publish Application Outputs, that are contrary to generally applicable law, including in particular content:
1) infringing intellectual property rights, patents, trademarks or trade secrets;
2) infringing the personal rights, right to privacy, or right to image of other persons;
3) inciting hatred, violence, racism, discrimination, or constituting criminal threats;
4) promoting totalitarian regimes, pornography, or the exploitation of minors;
5) used for fraud, money laundering, or the distribution of malicious software;
6) constituting an unfair market practice towards buyers, in particular content that is misleading as to a product's characteristics, price or availability.
Catalogue of content inconsistent with these Terms and Conditions. It is further prohibited to enter into the Application Input Data, and to generate Application Outputs, that violate the business purpose of the Application or the principles of social conduct, including content: constituting unsolicited commercial information or spam; of a political, religious or ideological nature unrelated to the substantive purpose of the Application; promoting products or services that constitute direct competition with the Service Provider; generated in an automated manner in order to manipulate the operation of the Application.
Consequences of a breach and justification of the decision:
1) where it is found that content violates paragraph 2 or 3, the Service Provider has the right to remove or block such content, temporarily suspend the Account, or terminate the Agreement with immediate effect for reasons attributable to the Service Recipient;
2) the Service Provider provides the Service Recipient with a clear justification of the measure applied, covering the type of restriction, the facts and circumstances of the decision, including information on the use of automated tools, an indication of the basis in these Terms and Conditions, and information on the possibility of appeal under the complaint procedure set out in § 10;
3) with respect to a Consumer-Rights Entrepreneur, applying the measure referred to in point 1 requires a prior call to cease the breach, setting a deadline of not less than 7 Days, unless the breach consists of unlawful conduct or endangers the security of the Application or the data of other service recipients.
Reporting breaches. Reports concerning content entered into the Application or Application Outputs are accepted at support@boostra.pl. A report should include a reasoned explanation of the grounds for the report, an indication of the content covered by the report in a manner enabling it to be located, and the reporting person's contact details. The Service Provider handles the report without undue delay and informs the reporting person of how it was handled.
Content moderation. The Service Provider does not conduct a general, prior review of Input Data or Application Outputs. The measures referred to in paragraph 4 are applied on the basis of a report or information obtained in the course of providing the Service. The Service Provider may use automated tools to detect abuse and overload, but the decision to apply a measure against the Service Recipient is made by a human. The Service Provider does not remove or block content solely in an automated manner.
§ 15. Termination of the Agreement and Amendments to these Terms and Conditions
Term and cancellation. The term of the Paid Agreement, the rules for its automatic extension, and the procedure for cancelling the Subscription are governed by § 4a. Terminating the Agreement by cancelling the Subscription does not entail a refund of funds for unused time within an already paid Subscription Period, subject to § 4b, § 9(7) and § 10(8).
Termination of the Free Agreement. The Service Recipient may terminate the Free Agreement at any time with immediate effect, without giving a reason. After the end of the Trial Period, the Service Provider may end the provision of Read-Only Mode subject to at least a 30-day notice period, allowing the Service Recipient to export its data during that time in accordance with § 15a.
Termination of the Agreement by the Service Provider. The Service Provider has the right to terminate the Agreement with immediate effect and to block access to the Application in the event of a failure to pay on time (§ 5(3)) or a breach by the Service Recipient of the rules for using the Application, in particular the rules set out in § 3a(3), § 13(7) and § 14. With respect to a Consumer-Rights Entrepreneur, terminating the Agreement with immediate effect requires a prior call to cease the breach, setting a deadline of not less than 7 Days, unless the breach consists of unlawful conduct or endangers the security of the Application or the data of other service recipients.
Effects of termination of the Agreement. Effects of termination of the Agreement. After the Agreement is terminated or expires, the Service Provider blocks access to the Application upon the lapse of the period during which the Account remains in Read-Only Mode in accordance with § 15a(16), or, if a request for a change of provider has been submitted, upon the lapse of the transitional period and the data-retrieval period referred to in § 15a(6) and (14). Retaining access to the Application until the block is implemented does not entitle the Service Recipient or Users to use the Service. A change of provider, the export of data and their deletion are governed by § 15a.
Amendments to these Terms and Conditions:
1) the Service Provider reserves the right to amend these Terms and Conditions for the following valid reasons: a change in law, or the issuance of rulings or decisions of authorities compelling an amendment of these Terms and Conditions; a change in the functionality of the Application or the manner of its operation, including an expansion of the catalogue of Executive Actions; a change in the costs of providing the Service, including Third-Party Providers' price lists, directly affecting the profitability of the Application; improving the security of the Application and preventing abuse; a change in the manner of providing the Service; a change in the Service Provider's registration, address or contact details; the need to correct clerical errors or clarify provisions; technical changes relating to Account or payment handling, including a change of Payment Operator;
2) the Service Provider notifies the Service Recipient of a planned amendment to these Terms and Conditions by e-mail, to the address assigned to the Account, at least 14 Days before the new version takes effect;
3) if the Service Recipient does not accept the changes being introduced, it may terminate the Agreement before the date the new Terms and Conditions take effect, without incurring additional costs; the Subscription Fee is settled in proportion to the period during which the Service was provided;
4) the absence of a declaration of termination of the Agreement submitted before the date the changes take effect is deemed acceptance of the new content of these Terms and Conditions, which becomes binding on the Service Recipient from the indicated date;
5) a change to the Price List regarding the amount of the Subscription Fee does not constitute an amendment of these Terms and Conditions; § 4a(5) applies to it.
§ 15a. Change of Provider, Data Export and Termination of the Service (Data Act)
Scope. This paragraph sets out the Service Recipient's rights and the Service Provider's obligations relating to a change of data-processing service provider, the transfer of data to the Service Recipient's own IT infrastructure, and the termination of the provision of the Service, in accordance with Chapter VI of the Data Act.
Request for a change of provider. The Service Recipient may, at any time, submit a request for a change of provider in documentary form to support@boostra.pl. The request may be amended or withdrawn until the actual data-transfer process begins, provided this does not prevent the Service Provider from performing its obligations. If the request covers a change of provider or termination of the Service, it also constitutes an instruction to terminate the Agreement in accordance with this paragraph. In the request, the Service Recipient indicates whether it is transferring data to another provider - providing that provider's necessary details - or to its own IT infrastructure, or whether it is requesting only the deletion of data. The Service Provider confirms receipt of the request, indicating the start and end dates of the notice period and of the transitional period.
Deficiencies in the request. If the request does not indicate the purpose or the necessary details of the target provider, the Service Provider promptly calls on the Service Recipient to complete it, setting a deadline of not less than 3 Business Days. Completion within that period takes effect from the date the request was submitted. Failure to complete it means that the request concerns the transfer of data to the Service Recipient's own IT infrastructure.
Notice period. The notice period initiating the process of changing provider ends upon the lapse of the current Subscription Period, unless the Service Recipient indicates a shorter period in the request or the Order provides otherwise. During the notice period, the Service is provided on the existing terms.
Request for deletion of data only. If the Service Recipient does not intend to change provider, but requests only the deletion of data after the Service ends, the Agreement is terminated upon the lapse of the notice period, and the transitional period does not apply.
Transitional period. Upon the lapse of the notice period, a transitional period begins, lasting no more than 30 Days, unless the Parties agree on a shorter period. During the transitional period, the Agreement remains in force and the Service is provided on the existing terms; the Subscription Fee is due on a proportional basis.
Extension of the transitional period. The Service Recipient may extend the transitional period once, by a period of no more than 3 months. The Service Recipient submits notice of the extension, indicating the new end date of the transitional period, before the existing period lapses; the Service Provider confirms receipt of it within 3 Business Days.
Technical unfeasibility. If observing the 30-day transitional period is not technically feasible, the Service Provider notifies the Service Recipient of this within 14 Business Days of receiving the request, justifies the unfeasibility, and indicates a substitute transitional period of no more than 7 months. Continuity of the Service is ensured throughout the entire substitute transitional period.
Obligations of the Service Provider. The Service Provider provides the Service Recipient and any third parties authorised by it with reasonable assistance in the process of changing provider, including providing the information and documentation necessary to carry it out and supporting the Service Recipient's exit strategy; it exercises due diligence to maintain continuity of operation; it informs of known threats to the continuity of the provision of the Service; and it maintains a high level of data security throughout the process and during the period the data is retained, until it is deleted.
Obligations of the Service Recipient. The Service Recipient shall take reasonable steps to ensure the change of provider is carried out effectively, in particular it is responsible for importing and implementing the data in its own systems or in the target provider's systems, and shall cooperate in good faith. The Service Recipient and the persons it authorises are required to respect the Service Provider's intellectual property rights and trade secrets with respect to materials provided in the process of changing provider; the right to use those materials expires at the latest at the end of the transitional period.
Exportable data. Exportable data means data entered into the Application by the Service Recipient or Users, and data generated in the Application in connection with the use of the Service, comprising: Store Data collected in the Application; indicators and summaries; audit results and reports; recommendations; drafts and approved content; chat history; the log of Executive Actions; and Account and User metadata. Export does not cover reference data used in the Application, system prompts, or data relating to the Application's internal operation that does not constitute the Service Recipient's data.
Scope and formats of export. The export covers data as of the date it is performed. Data created after that date, until the end of the transitional period, is made available by the Service Provider in a supplementary export performed promptly after the transitional period ends. The export is provided in CSV or XLSX format, and, with respect to data available via the API, also in JSON format; reports are made available in PDF format.
Manner of fulfilling requests. As of the effective date of these Terms and Conditions, requests for data export and Account deletion are fulfilled by the Service Provider upon a request submitted to support@boostra.pl, without undue delay, no later than within 14 Days. Self-service data export and Account deletion functions in the Application will be made available once implemented; the Service Provider will notify the Service Recipient once they are made available.
Data-retrieval period. After the end of the transitional period, the Service Recipient has at least 30 Days to retrieve the exportable data. During the data-retrieval period, the Service is not provided; the Service Provider ensures only the availability of the exportable data and its security until it is deleted.
Trial Period. The provisions of this paragraph also apply to the Free Agreement. After the end of the Trial Period, if the Service Recipient does not conclude a Paid Agreement, the Account switches to Read-Only Mode for no predetermined period. While the Account remains in this mode, the Service Recipient may submit a request for data export or a change of provider on the terms set out in this paragraph. Using the remaining functionalities of the Application requires concluding a Paid Agreement.
Termination of the Paid Agreement without a request for a change of provider. If the Service Recipient does not submit a request for a change of provider, upon termination or expiry of the Paid Agreement the Account switches to Read-Only Mode for a period of 30 Days, during which the Service Recipient may export the data it has collected. After this period lapses, operational data is permanently deleted or irreversibly anonymised. Paragraph 15 applies to the Free Agreement after the end of the Trial Period.
Deletion of data. Upon the lapse of the data-retrieval period or the period referred to in paragraph 16, or, in the case of the Free Agreement, after the provision of Read-Only Mode ends, the Service Provider notifies the Service Recipient of its intention to delete the data, setting a deadline of not less than 7 Days, after which the exportable data and the Service Recipient's digital assets are permanently deleted or irreversibly anonymised. Data may remain for a limited time in backup copies covered by a rotation cycle, provided that it is not reused during that time for the ordinary provision of the Service and is deleted as the copies are overwritten. Deletion does not cover data that the Service Provider is required to retain by law, in particular accounting documents and billing data. At the Service Recipient's request, the Service Provider confirms that the deletion has been carried out in the production environment.
Fees. The Service Provider does not charge fees for a change of provider, including for migration activities or for migration and testing tools (Articles 25 and 29 of the Data Act). The Subscription Fee for the current Subscription Period remains payable; it does not constitute a fee for the change of provider or a condition for carrying out the migration, and its non-payment does not delay the process of changing provider.
Information on the change of provider and on infrastructure. The information required by Articles 26 and 28 of the Data Act, including on the procedures for changing provider and transferring data, the available methods and formats, and known technical limitations, is made available by the Service Provider in the Application, the Service documentation or the website, and its availability is ensured before the Agreement is concluded, to the extent required by the Data Act.
§ 16. Final Provisions
Governing law. These Terms and Conditions and the Agreement are governed by Polish law, excluding the conflict-of-laws rules of private international law that could lead to the application of the law of another country. In matters not regulated by the Agreement, the provisions of Polish law apply, in particular the Civil Code and the Act of 18 July 2002 on the Provision of Services by Electronic Means. The Service is offered within the territory of the Republic of Poland.
Jurisdiction. The Parties shall endeavour to resolve amicably, within 30 Days of the date a dispute is reported by one of the Parties in documentary form, any disputes arising from or connected with the Agreement. If no agreement is reached within the above period, the dispute shall be submitted to the court having jurisdiction over the registered office of the Service Provider.
Jurisdiction with respect to a Consumer-Rights Entrepreneur. The provision of paragraph 2 concerning the competent court does not apply to a Consumer-Rights Entrepreneur. In disputes with a Consumer-Rights Entrepreneur, the jurisdiction of the court is determined in accordance with the provisions of the Code of Civil Procedure.
Contact with the Service Provider. The Service Recipient may contact the Service Provider on all matters concerning the Service using the following contact details: registered office address: ul. Sudecka 153, 53-128 Wrocław; e-mail address for general and business matters: kontakt@boostra.pl; e-mail address for support, complaints, data export and deletion matters: support@boostra.pl.
Provisions applicable after the end of the Agreement. Provisions which, due to their nature, should apply after the end of the Agreement remain in force after its termination or expiry, in particular the provisions of § 8, § 11, § 13, § 15a, and paragraphs 1-3 of this paragraph, as well as the provisions of the data processing agreement to the extent indicated therein.
Prohibition on assignment. The Service Recipient may not transfer the rights and obligations arising from the Agreement to a third party without the Service Provider's consent, expressed in at least documentary form. The Service Provider is entitled to transfer the rights and obligations arising from the Agreement to an affiliated entity or a legal successor.
Language versions. These Terms and Conditions are made available in Polish and in English. In the event of any discrepancy between the language versions, for Agreements concluded within the territory of the Republic of Poland, the Polish version shall prevail.
Annexes. The following form an integral part of these Terms and Conditions: Annex No. 1 - Privacy Policy; Annex No. 2 - the data processing agreement; Annex No. 3 - the template declaration of withdrawal from the Agreement for a Consumer-Rights Entrepreneur.
Version 1.0 of these Terms and Conditions takes effect on the date it is published as the version in force in the Application and on the Service Provider's website. The Service Provider archives previous versions of these Terms and Conditions, indicating the period during which each was in force, and makes them available to the Service Recipient on request.
Annex 3- Template Declaration of Withdrawal from the Agreement
This template is intended for a Service Recipient who is a Consumer-Rights Entrepreneur. Using the template is not obligatory.
Addressee: BOOSTRA sp. z o.o., ul. Sudecka 153, 53-128 Wrocław, e-mail address: support@boostra.pl
I/We (*) hereby give notice/give notice (*) of my/our (*) withdrawal from the agreement for the provision of a service by electronic means consisting in providing access to the Boostra application.
Date the agreement was concluded: ...........................................
E-mail address assigned to the Account: ...........................................
Name and surname / company name of the Service Recipient: ...........................................
NIP (Tax Identification Number): ...........................................
Address: ...........................................
Date and signature of the Service Recipient (only if the template is sent in paper form): ...........................................
(*) Delete as appropriate.