Terms of Service

• “Account” means the account you register to access the Platform.
• “Free Plan” means a plan offered free of charge with limited features and capacity.
• “Paid Plan” or “Subscription” means a plan billed on a recurring basis.
• “Customer Content” means any data, files, text, or other materials that you or your users upload to, or create within, the Platform.
• “Consumer” means a natural person acting for purposes outside their trade, business, craft, or profession, within the meaning of applicable EU and Polish consumer law.
• “Documentation” means the user guides and materials we make available for the Service.

You must be at least 16 years old and have the legal capacity to enter into a contract. By using the Service you confirm that you meet these requirements and that the information you provide is accurate and complete. If you are a minor under the law applicable to you, you confirm that you have your legal guardian’s consent.

• Register with accurate, complete, and current information, and keep it up to date.
• You are responsible for safeguarding your credentials and for all activity that occurs under your Account.
• Notify us promptly if you suspect any unauthorised use of your Account or any security breach.
• We are not liable for loss arising from your failure to keep your credentials secure.
• We may refuse, suspend, or reclaim an Account that violates these Terms or applicable law.

• The Service is offered under a Free Plan and one or more Paid Plans. The features and limits of each plan are described on our pricing page.
• Fees for Paid Plans are shown before purchase and are stated inclusive of, or net of, applicable taxes (including VAT) as indicated at checkout; you are responsible for all applicable taxes.
• Paid Plans are billed in advance on a recurring (e.g. monthly or annual) basis and renew automatically for successive periods of the same length unless cancelled before the renewal date.
• Payments are handled by our third-party payment provider; we do not store full payment-card details.
• If a payment fails, we may retry it and may suspend or downgrade your access until the outstanding amount is paid.
• We may change prices. We will give you reasonable prior notice, and changes apply from the next billing period. If you do not accept a price change, you may cancel before it takes effect.

If you are a Consumer in the EU/EEA, you generally have the right to withdraw from a distance contract within 14 days of its conclusion, without giving any reason.

• To exercise this right, send us a clear statement of your decision to withdraw (for example, by email to the address in the Contact section). You may use the model form below, but it is not mandatory.
• Early performance: if you expressly request that we begin providing the Service before the 14-day period ends and acknowledge that you will lose the right of withdrawal once the Service is fully performed, your right of withdrawal ends when the Service has been fully performed.
• If you withdraw after performance has begun at your request, you must pay an amount proportional to the part of the Service already provided up to the moment you informed us of your withdrawal.
• We will refund any amounts due to you on a valid withdrawal without undue delay, and no later than 14 days, using the same means of payment you used.

Model withdrawal form

To: PE “Firma Modul”, 4/3 Sviatovasylivska St., 43025 Lutsk, Ukraine (email: see Contact)
I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following service:
Ordered on / received on: ____________________
Name of consumer(s): ____________________
Address of consumer(s): ____________________
Date: ____________________
Signature (only if this form is sent on paper): ____________________

• You may cancel a Subscription at any time from your Account settings; cancellation takes effect at the end of the current billing period.
• Except where required by law (including the right of withdrawal above) or expressly stated otherwise, fees already paid are non-refundable and we do not provide partial refunds for unused periods.

We may offer free, trial, or beta features. These are provided “as is”, may be changed or withdrawn at any time, and may be subject to additional terms communicated to you.

You agree not to, and not to allow anyone to:

• use the Service in violation of any applicable law or the rights of others;
• upload or transmit unlawful, infringing, harmful, deceptive, or malicious content or code;
• attempt to gain unauthorised access to, probe, scan, or disrupt the Service or its infrastructure;
• reverse engineer, decompile, or circumvent technical limitations of the hosted Service, except to the extent this restriction is prohibited by law;
• use the Service to send spam or unsolicited communications;
• resell, sublicense, or make the Service available to third parties except as permitted by your plan;
• place an unreasonable load on the Service, or use automated means to extract data beyond the provided APIs.

We may investigate suspected violations and take appropriate action, including suspension or termination of access.

• You retain all rights in your Customer Content. You are solely responsible for it and for ensuring you have the necessary rights and consents to process it through the Service.
• You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display Customer Content solely as necessary to provide, secure, and maintain the Service.
• Where we process personal data contained in Customer Content on your behalf, we act as a processor on your instructions under our Data Processing Agreement and Privacy Policy.
• You can export your Customer Content while your Account is active. After termination, we may delete Customer Content following the retention period described in the Privacy Policy.

We process personal data in accordance with the EU General Data Protection Regulation (GDPR) 2016/679 and Polish data-protection law. How we collect, use, and protect personal data — and your rights and how to exercise them — is described in our Privacy Policy.

• The Service — including its software, design, trademarks, and content (excluding Customer Content and open-source components) — is owned by us or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms.
• OpenBP is proprietary software; only certain components are made available as open source. Each such open-source component is governed by the open-source licence specified with that component. Nothing in these Terms limits your rights under those licences with respect to those open-source components themselves.
• If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.

The Service may integrate with or link to third-party products and services. We do not control and are not responsible for third-party services, and your use of them is governed by their own terms and privacy policies.

• We aim to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance and may modify, suspend, or discontinue features.
• Support is provided through the channels described for your plan. Free Plans may have limited or no support and no service-level commitments.

• You may stop using the Service and close your Account at any time.
• We may suspend or terminate your access if you breach these Terms, fail to pay, create risk or legal exposure for us or others, or where required by law. Where reasonable and lawful, we will give notice and an opportunity to remedy the issue.
• On termination, your right to use the Service ends. Provisions that by their nature should survive (such as intellectual property, disclaimers, limitation of liability, and governing law) will survive.

• To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• Nothing in these Terms excludes or limits any statutory rights you have as a Consumer that cannot be excluded or limited under applicable law, including Polish and EU consumer-protection law.

• To the extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages, or for any loss of profits, revenue, data, or goodwill.
• Our total aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) EUR 100.
• These limitations do not apply to liability that cannot be excluded or limited by law, including liability for damage caused intentionally or by gross negligence, for death or personal injury, or under mandatory consumer law.

If you use the Service otherwise than as a Consumer, you agree to indemnify and hold us harmless from claims, damages, liabilities, and reasonable costs (including legal fees) arising from your Customer Content, your use of the Service, or your breach of these Terms.

We may update these Terms from time to time. We will indicate the “Last updated” date and, for material changes, give notice through the Service or by email where required. If you are a Consumer and do not accept a material change, you may terminate before it takes effect. Continued use of the Service after changes take effect constitutes acceptance.

• These Terms are governed by the laws of the Republic of Poland, without prejudice to the mandatory consumer-protection rules of the country in which a Consumer resides.
• Disputes are subject to the jurisdiction of the competent Polish courts. For Consumers, the competent courts are those determined by mandatory law, and you may also use out-of-court redress.

EU Consumers may use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr and may seek assistance from consumer-protection authorities (in Poland, UOKiK and the municipal or district consumer ombudsmen).

• These Terms, the Privacy Policy, and any plan-specific terms constitute the entire agreement between you and us regarding the Service.
• If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• You may not assign these Terms without our consent; we may assign them to an affiliate or successor.
• Our failure to enforce a provision is not a waiver of it. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure).
• These Terms may be made available in several languages. In case of any discrepancy, the English version prevails, except where mandatory consumer law requires otherwise.

If you have any questions about these Terms, please contact us:

Email: info@modulsoft.eu

PE “Firma Modul”, 4/3 Sviatovasylivska St., 43025 Lutsk, Ukraine