Terms of service

This is an English rendering for convenience. The binding version is the Polish one, available at aivatary.com/pl/regulamin/. In case of discrepancy, the Polish text prevails.

1. Who provides the service

1. The provider is Daniel Możdżyński, a sole trader operating as MH Daniel Możdżyński, ul. Sędziwoja 49 lok. 3, 61-063 Poznań, Poland, tax number (NIP) 8522140767, statistical number (REGON) 811228847, entered in the Polish Central Register and Information on Business Activity (CEIDG).
2. Contact: contact@aivatary.com or post to the registered address.
3. These terms are made available free of charge before the contract is concluded, in a form allowing them to be obtained, reproduced and stored, in particular by downloading and printing.
4. They govern the use of aivatary.com, the panel at app.aivatary.com and the widget embedded by the customer on their own site.

2. Definitions

Service

The aivatary.com site together with the app.aivatary.com panel.

Customer

The entity that concluded a contract for use of the Service.

Organisation

The Customer's separated data space in the Service, with its users and knowledge base.

Operator

A natural person granted panel access by the Customer.

End customer

A person conversing with the Agent the Customer has deployed.

Agent

The artificial intelligence system answering questions from the Knowledge base.

Knowledge base

Content uploaded or imported by the Customer, on which the Agent grounds its answers.

Confirmation card

A request to perform a data changing operation, requiring approval by an Operator.

Trial period

Fourteen days during which the Service is made available free of charge and without card details, so that the Customer can test the Agent on their own content.

Billing period

A month or a year, at the Customer's choice, counted from the day the paid plan starts.

Conversation

A sequence of exchanges between one End customer and the Agent, held in one channel and closed two hours after the last exchange. A Conversation counts as one unit of the limit regardless of how many exchanges it contains, subject to clause 8.5.

Voice minute

Sixty seconds of actual voice session time, summed across the Billing period and rounded up to a full minute at the end of that period, not after each session.

Embedding domain

A domain name, together with its subdomains, on which the Customer has placed the Agent's widget.

3. What the Service is and is not

1. The Service provides a tool that holds conversations with End customers on the basis of a Knowledge base prepared by the Customer.
2. The Agent does not create substantive content of its own. An answer without coverage in the Customer's published content is not sent, and the conversation passes to a human.
3. The Agent's answers do not constitute legal, medical or financial advice. Responsibility for the Knowledge base and for the consequences of answers based on it rests with the Customer as its author.
4. The provider is not a party to the relationship between the Customer and their End customer.

4. Scope of services

1. The Service provides in particular: an account and panel, a Knowledge base with an editorial cycle, an Agent answering on the channels enabled for the Organisation, a conversation inbox with handoffs to humans, Confirmation cards and an audit log.
2. The range of channels and limits depends on the chosen deployment scope described in the pricing page.
3. If these terms, the price list and an individual order diverge, the order applies first, then the price list, then these terms. Where a divergence cannot be resolved by interpretation, the provision more favourable to the Customer applies.
4. Adding new features does not require amending these terms, provided it does not restrict the Customer's rights.

5. Technical requirements

1. A device with internet access, a current browser with JavaScript enabled, and a working email address.
2. Voice sessions require microphone access and a connection allowing real time audio.
3. Embedding the widget requires the ability to add one script tag to the Customer's page and to name the domains it should work on.

6. Account

1. Use of the panel requires an account linked to an Organisation.
2. The Customer is responsible for the actions of Operators they granted access to and for keeping login details confidential.
3. The Customer informs the provider without delay of any suspected unauthorised account access.

7. Customer content and third party data

1. The Customer declares that they are entitled to place in the Knowledge base the content they enter.
2. The Customer is the controller of End customers' personal data. The provider processes that data solely on the Customer's instruction, under the data processing agreement.
3. The provider does not use Customer content to train its own models and does not make it available to other Customers. Separation between Organisations is enforced technically.

8. Deployment scopes and limits

1. The Service is offered in three scopes: Start, Team and Enterprise, as described in the pricing page.
2. Limits attach to a scope: the number of Embedding domains, the number of Operators, the pool of Voice minutes and the number of Conversations per Billing period. The Customer changes the number of Embedding domains and Operators themselves by ordering an extension of scope under clause 9.5; these are not usage and are not covered by paragraphs 3 and 4.
3. Once the limit of Conversations or Voice minutes is exhausted, the function it covers becomes unavailable until the next Billing period or until an extension package is paid for. The Agent then serves End customers within whatever remains available, in particular by answering from the Knowledge base or handing the case to the Customer's team. Suspending a function once a limit is exhausted is an agreed way of providing the Service, not an interruption of its availability within the meaning of clause 12.
4. The provider does not charge for usage above a limit and does not charge the Customer's payment method on that basis. A limit is raised only under an order placed before the increase. Without such an order, no additional fee arises.
5. Independently of scope limits, the provider applies technical safeguards protecting the stability and cost of the Service, including daily budgets counted separately for each Organisation and a cap on the length of a single Conversation in the public widget. Budgets are counted separately because a shared ceiling would let one Customer's traffic switch the Agent off for everyone else. These safeguards are not scope limits, they reset by themselves, and they are no basis for a charge or for an extension of scope. Their current values are provided on request.
6. The provider reports current limit usage at the Customer's request within three business days. Once the corresponding panel view is released, this information is presented on an ongoing basis.

9. Prices and payment

1. Prices for the Start and Team plans are published in the price list available in the Service. All amounts in the price list exclude value added tax. The price of the Enterprise plan is agreed individually and confirmed in writing or by email before the service begins.
2. Value added tax is added to amounts expressed in Polish zloty at the rate in force on the invoice date. A Customer established in another European Union member state who provides a valid intra-community VAT identification number is invoiced without tax, under the reverse charge mechanism.
3. Billing runs in monthly or yearly periods, at the Customer's choice, with no lock in. Termination takes effect at the end of the paid period.
4. Before choosing a paid plan the Customer may use the Trial period. The Trial period requires no card details and does not roll over into a paid plan: once it ends, the service stops until a plan is chosen and a payment method is provided.
5. The provider does not bill usage above the plan limits. Extending the scope, in particular an extra Embedding domain, an extra Operator, a package of additional Conversations or a package of additional Voice minutes, is sold as a prepaid order at the price list in force on the day the order is placed, and takes effect once paid. A price stated in the price list when the order is placed does not change during the Billing period in progress.
6. The price list is published in Polish zloty and in euro. The table in the currency stated in the Customer's order is the binding one for that Customer.
7. The Provider gives sixty days' notice of any change to the price list. Until the change takes effect the Customer may terminate the agreement at no cost, and the previous price applies until the end of the paid period.

10. Conclusion of the contract

1. The contract is concluded when the provider confirms that an Organisation has been created for the Customer.
2. Before conclusion the Customer receives information about the scope, price, billing period and termination rules.
3. Confirmation of the contract together with the terms in force that day is sent by email, which constitutes a durable medium.

11. Trial

1. Starting to use the Service does not require payment card details.
2. The full set of safety gates is available during a trial. A trial differs in limits, not in the quality of the Agent's operation.

12. Availability and maintenance

1. The provider makes reasonable efforts to keep the Service continuously available.
2. Planned maintenance may take place. Planned downtime expected to last more than an hour is announced in advance in the panel or by email.
3. Separate service level commitments may be agreed in a contract for the Enterprise scope.

13. Rules of use and prohibited conduct

1. Supplying unlawful content, including content infringing third party rights, is prohibited.
2. Using the Service to generate and send unsolicited commercial communications, to attempt to bypass the Agent's safety gates, or to obtain data belonging to other Organisations, is prohibited.
3. Presenting the Agent as a human is prohibited. The duty to inform End customers that they are speaking to an artificial intelligence system is set out in the AI systems notice.

14. Right of withdrawal

1. A consumer, and a sole trader concluding a contract not of a professional character for them, may withdraw within 14 days of conclusion without giving a reason and without cost, other than as stated in point 4.
2. Sending the statement before the deadline is sufficient. Send it to contact@aivatary.com. A model statement is in Annex 2 of the Polish version.
3. The right of withdrawal does not apply to a contract for the supply of digital content not delivered on a tangible medium where performance began with the express prior consent of the Customer and after they acknowledged that they would thereby lose the right of withdrawal, and the provider confirmed receipt of that consent.
4. If the Customer requested that performance begin before the withdrawal period expired, they bear the cost of services performed up to withdrawal, in proportion to the scope performed.
5. Signing into the panel or uploading a first article does not by itself cause loss of the right of withdrawal. The conditions in point 3 are not presumed from use of the Service; they must be met separately and are recorded.

15. Refunds

1. Amounts are returned within 14 days of receiving the withdrawal statement, by the same payment method used, unless the Customer expressly agrees otherwise.
2. On termination during a billing period, the provider refunds the fee for the unused part of that period, unless the parties agreed otherwise.

16. Conformity with the contract and complaints

1. The provider is liable for conformity of the service with the contract under Chapter 5b of the Polish Consumer Rights Act, to the extent those provisions apply.
2. Complaints may be filed by email to contact@aivatary.com or by post to the registered address.
3. A complaint should describe the fault, the date it occurred and the expected resolution.
4. The provider considers a complaint and replies within 14 days of receiving it. For a consumer, and for a sole trader treated as one, no reply within that period means the complaint is upheld.

17. Liability

1. The provider is liable for non performance or improper performance on general principles.
2. Towards Customers who are neither consumers nor sole traders treated as consumers, liability under the contract is limited to the fees paid for the 12 months preceding the event and does not cover lost profits. The limitation does not apply to damage caused intentionally.
3. The provider is not liable for the content of the Knowledge base or for decisions the Customer takes on the basis of the Agent's answers.
4. The provider is not liable for the behaviour of the Customer's external systems that the Agent calls on their instruction.

18. Suspension

1. Access may be suspended in case of a material breach of section 13, a threat to platform security, or payment arrears beyond the period agreed in the contract.
2. Suspension is notified with its reason and, where possible, with a deadline to remedy it.
3. Suspension does not remove the Customer's access to their Knowledge base or their right to have it exported. The Knowledge base belongs to the Customer.

19. Duration and termination

1. The contract runs for an indefinite period with a monthly billing cycle.
2. Either party may terminate with effect at the end of the current billing period, without giving a reason.
3. After termination the provider deletes or returns the data entrusted by the Customer, according to their decision and the data processing agreement. On request the Knowledge base is exported in an open format.

20. Out of court dispute resolution

1. A consumer may use out of court complaint and redress procedures, including the district consumer ombudsman and mediation by the regional Trade Inspection authorities.
2. The European online dispute resolution platform is available at ec.europa.eu/consumers/odr.
3. Use of these procedures is voluntary and requires both parties to agree.

21. Changes to the terms

1. The provider may amend these terms for important reasons, in particular a change of law, of the scope of services, or of the billing model.
2. Changes are announced by email and by a panel notice at least 14 days in advance.
3. A Customer who does not accept a change may terminate with effect on the day the change takes force.

22. Personal data

Processing is described in the privacy policy. Entrustment of End customer data is governed by the data processing agreement, and the list of processors is published in the subprocessor register.

23. Final provisions

1. Matters not covered here are governed by Polish law.
2. The choice of Polish law does not deprive a consumer of the protection of mandatory provisions of the law of their habitual residence.
3. Disputes with Customers who are not consumers are settled by the court with jurisdiction over the provider's registered address.
4. These terms take force on the date shown at the top of the document.