Terms of Service

01General provisions

1. These Terms of Service (the “Terms”) set out the rules for providing the Lemko Automation service by electronic means and are the regulations referred to in Art. 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means.
2. The service provider is [●], [●], tax ID (NIP): [●], REGON: [●], [●], e-mail: support@lemko.tech (the “Provider”). Details: Legal notice.
3. The Service is intended for entrepreneurs, i.e. for use in connection with the Customer's business or professional activity. If the Customer is nevertheless a consumer, or a natural person concluding an agreement directly related to their business that is not of a professional nature for them, the rights granted by mandatory law apply, as described in Annex 1.
4. The Terms are made available free of charge on the Website before the Agreement is concluded, in a form that can be downloaded, saved and printed (for example with the browser's print function). The Customer also receives a link to the Terms in the confirmation of the Agreement.
5. The Data Processing Agreement and the annexes form an integral part of the Terms. How the Provider processes personal data as a controller is described in the Privacy Policy.

02Definitions

• Agreement — the agreement for the provision of the Service concluded as described in these Terms;
• Customer — the entrepreneur or other entity that concluded the Agreement;
• User — a natural person to whom the Customer has given access to the Workspace;
• Workspace — the Customer's separate environment in the Service in which the Customer and its Users store and process Customer Data;
• Account — a User's set of resources and permissions in the Workspace;
• Seat — the right of one named User to use the Workspace;
• Plan — a variant of the Service (Starter, Team, Business) with the features and limits described on the Website;
• Subscription — paid use of the Service in monthly or yearly billing periods;
• Trial — the free 14-day period described in section 5;
• Customer Data — data and content that the Customer or its Users enter into the Service;
• Consumer — a natural person performing a legal act not directly related to their business or professional activity;
• Website — the website at https://construction.lemko.tech.

03Types and scope of services

1. The Provider supplies, by electronic means, the Lemko Automation service — software as a service available in a web browser and covering, depending on the Plan: contacts and deals, tasks, bookings and services, inventory, invoicing, projects, support desk, web forms, a shared e-mail inbox (IMAP/SMTP), public booking pages with payments through the Customer's own Stripe account, dashboards and reports (including PDF), automations, API keys and webhooks, data import and export, and security features.
2. The detailed features and limits of each Plan are those shown on the Website when the order is placed.
3. The Provider is not a party to the Customer's transactions with its own clients. Payments for bookings go directly to the Customer's Stripe account; the Provider takes no commission on them, and the payment processor's fees are borne by the Customer under its agreement with Stripe.
4. The Provider may develop and change the Service. Changes may not materially reduce features covered by a paid period without following the rules in section 14.

04Technical requirements and use of the Service

1. To use the Service you need: a device with internet access; a current version of Chrome, Edge, Firefox or Safari (the two latest major versions) with JavaScript and session cookies enabled; and a valid e-mail address.
2. Some features also need: an IMAP/SMTP mailbox reachable from the internet (shared inbox), a device that supports passkeys (passkey sign-in), a phone number able to receive SMS (SMS verification and reminders) and the Customer's Stripe account (booking payments).
3. The Customer bears the cost of its internet connection. Using the internet carries risks (for example malware and phishing); the Customer should secure its devices and sign-in details. The Provider never asks for your password.

05Concluding the Agreement, Account and Trial

1. The Agreement can be concluded in the Service or — where the Website offers it — on the Website.
2. In the Service the Customer fills in the sign-up form — an e-mail address, a password and the Workspace's name — and accepts the Terms, which the form makes available before it is sent, together with the Privacy Policy; the Customer then confirms the e-mail address through the link the Provider sends to it. Signing up requires no payment details.
3. On the Website the Customer selects a Plan and billing period and chooses “Start trial”, then on the Stripe payment page provides an e-mail address, billing details and a payment method, indicates the number of Seats, accepts the Terms and confirms the order.
4. The Agreement is concluded when the e-mail address is confirmed (in the Service) or when the order is confirmed on the payment page (on the Website).
5. The Provider creates the Workspace and gives access to its owner, who can invite further Users.
6. A person concluding the Agreement on behalf of an organisation declares that they are authorised to represent it.
7. The Trial lasts 14 days from the conclusion of the Agreement, is free of charge and is available to a Customer once.
8. A Trial started in the Service includes every feature of the Service within the Trial's limits (among others on the number of Users, file storage and messages sent per day) and ends on its own, with no charge and no automatic switch to a Subscription. To go on using the Service the Customer chooses a Plan in the Service and gives billing details and a payment method on the Stripe payment page; the remaining days of the Trial are kept — the first fee is charged when they run out, or at once if the Plan is chosen in the last two days of the Trial. If the Customer has not chosen a Plan by the end of the Trial, the Agreement ends with it; access and data after the Agreement ends are governed by section 13.
9. A Trial started on the Website includes the full functionality of the chosen Plan. If the Customer does not cancel before it ends, the Subscription starts automatically and the first fee is charged to the payment method provided.
10. Each Seat is assigned to one named person. The Customer is responsible for the acts and omissions of its Users, must not share sign-in details, and must promptly remove access of people who are no longer authorised.
11. The Customer undertakes to provide accurate data and keep it up to date.

06Fees, billing and payment

1. The subscription fee is charged per Seat, monthly or yearly, in euro, according to the price list in force on the day of the order and published on the Website. Prices are net prices.
2. VAT is added to prices under the applicable rules. The invoice shows the rate and amount of tax; where the law provides for it (for example a buyer in another EU country with a valid EU VAT number) the reverse-charge mechanism applies. The Customer is responsible for the accuracy of the tax details it provides.
3. The Subscription renews automatically for consecutive billing periods and the fee is collected in advance through Stripe from the selected payment method until the Agreement is terminated.
4. Increasing the number of Seats takes effect immediately and a proportional fee is charged for the rest of the period; decreasing takes effect from the next billing period.
5. Invoices are issued in electronic form and sent to the Customer's e-mail address; the Customer consents to this. Where Polish law requires an invoice to be issued in the National e-Invoice System (KSeF), it is issued there.
6. A price change applies to subsequent billing periods and requires at least 30 days' notice to the Customer; a Customer who does not accept it may terminate the Agreement before the change takes effect. A change does not affect a period already paid.
7. If a payment fails, the Provider will notify the Customer and the payment processor may retry the charge. If the amount remains unpaid for 7 days the Provider may restrict access to the Workspace until the amount is paid, and after 30 days may terminate the Agreement. Statutory interest is due for late payment.
8. Promotional codes are subject to the conditions stated when they are issued and cannot be combined with others unless stated otherwise.

07Acceptable use and prohibited content

The Customer and Users undertake to use the Service lawfully, in line with the Terms and good practice. In particular it is prohibited to:

• supply, store or distribute unlawful content, including content that infringes third-party rights (copyright, personal rights, trade secrets), is defamatory, incites hatred or violence, or contains pornographic material involving minors;
• enter personal data into the Service without a legal basis;
• send unsolicited commercial information (spam) or use the Service for phishing or fraud;
• introduce malicious code, attempt to circumvent security, scan for vulnerabilities without permission, place excessive load on the Service or extract data by automated means other than the provided API;
• resell, sublicense or make the Service available to anyone other than the Customer, or decompile or reverse engineer it except where the law allows;
• share sign-in details or use one Seat by more than one person.

The Provider does not monitor the Customer's content, but on receiving credible notice of unlawful content or conduct it may block access to it, suspend the Account or terminate the Agreement, notifying the Customer beforehand where practicable.

08Personal data and confidentiality

1. The Provider processes the personal data of the Customer and Users connected with concluding and performing the Agreement as a controller, in line with the Privacy Policy.
2. For Customer Data that contains personal data, the Customer is the controller (or processor) and the Provider is the processor (or sub-processor). The terms of processing are in the Data Processing Agreement, which forms an integral part of the Agreement and applies from its conclusion without a separate signature.
3. The Customer is responsible for the lawfulness of the processing it carries out in the Service, including the legal basis, information duties and the security of its Users' accounts. The Customer may enter special categories of data (Art. 9 GDPR) only where it has a legal basis to do so.
4. Each party keeps the other's non-public information confidential, except where disclosure is required by law.

09Intellectual property

1. The Provider (or its licensors) holds all rights in the Service and the Website. For the term of the Agreement the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable licence to use the Service for its own internal business purposes.
2. Customer Data remains the Customer's. The Customer grants the Provider a non-exclusive licence to store and process it to the extent necessary to provide the Service.
3. The Provider may use the Customer's feedback and suggestions about the Service without payment or restriction, without disclosing Customer Data.

10Availability, maintenance and support

1. The Provider aims to keep the Service available around the clock but does not guarantee uninterrupted operation. Planned maintenance will, where practicable, be announced in advance and carried out outside business hours in Central European Time.
2. The Agreement does not guarantee a particular availability level (SLA) unless the parties agree otherwise separately in writing.
3. Support is provided by e-mail (support@lemko.tech) on business days in Poland. The Provider aims to reply within 2 business days and, on the Business Plan, within 1 business day. These are operating targets, not a guarantee of result.
4. The Provider makes backups of the Service. The Customer should also export important data itself using the export features available.

11Liability

1. The Provider is liable for non-performance or improper performance of the Agreement under general rules, subject to the limits below, which apply to Customers that are entrepreneurs and do not exclude liability for damage caused intentionally.
2. The Provider's liability for damage caused by unintentional fault is limited to actual loss (excluding lost profits) and in total may not exceed the fees paid by the Customer in the 12 months preceding the event.
3. The Provider is not liable for the content of Customer Data or the acts of Users, for third-party services (including Stripe, mailbox providers, sign-in providers and SMS carriers), for force majeure, or for use of the Service contrary to the Terms.
4. The limits in paragraphs 1–3 do not apply to Consumers or where mandatory law provides otherwise.

12Complaints

1. Complaints about the operation of the Service can be sent by e-mail to support@lemko.tech (marked “Complaint”) or by post to the Provider's address.
2. A complaint should include the Customer's and Workspace's name, contact details, a description of the problem and the resolution expected.
3. The Provider considers the complaint and replies within 14 days of receiving it; if more information is needed it will ask the Customer for it. The reply is sent by e-mail.
4. Making a complaint does not limit the Customer's statutory rights.

13Term, termination and data after the Agreement ends

1. The Agreement is concluded for an indefinite period; the Subscription is billed in monthly or yearly periods.
2. The Customer may terminate the Agreement at any time by sending a statement from the Workspace owner's address to support@lemko.tech or by the means provided in the Service. Termination takes effect at the end of the paid billing period; fees for the unused part of a period are not refunded unless the law or these Terms provide otherwise. Cancelling before the Trial ends results in no charge.
3. The Provider may terminate the Agreement on 30 days' notice, refunding fees for the period after it ends, and without notice for good cause, in particular for a gross breach of the Terms, non-payment despite a reminder, or a threat to the security of the Service.
4. After the Trial or a Subscription ends without renewal, access to the Workspace is restricted until the Subscription is renewed or the Workspace is deleted.
5. For 30 days after the Agreement ends the Customer may export Customer Data. The Provider then irreversibly deletes it from production systems and backups are overwritten within a cycle not exceeding 35 days — except for data the Provider must or may keep under the law (for example invoices) or to defend claims.

14Changes to the Terms

1. The Provider may amend the Terms for good reason, in particular: a change in law or case law, a change in the Service's features or technical conditions, security reasons, a change in the Provider's details, or the need to clarify provisions.
2. The Provider notifies the Customer of a change by e-mail to the Workspace owner at least 14 days before it takes effect (30 days for a price change).
3. A Customer who does not accept the change may terminate the Agreement before it takes effect without additional charges; otherwise the amended Terms bind the Customer from the day they take effect.
4. Changes do not affect billing periods already paid and, for Consumers, may not infringe their rights under mandatory law.

15Consumers and out-of-court dispute resolution

The rules that apply to Consumers and to sole traders who have consumer rights, including the right to withdraw from the Agreement within 14 days, are in Annex 1; a model withdrawal form is in Annex 2.

A Consumer may use out-of-court complaint and redress methods, in particular mediation, the free help of a county or municipal consumer ombudsman and a provincial Trade Inspection office. Information is provided by the Office of Competition and Consumer Protection (uokik.gov.pl). The Provider considers consenting to such proceedings case by case.

16Governing law, disputes and final provisions

1. The Agreement and the Terms are governed by Polish law. Choosing Polish law does not deprive a Consumer of the protection granted by mandatory provisions of the law of the country where they habitually reside.
2. Disputes with Customers that are entrepreneurs are decided by the court competent for the Provider's registered office. Disputes with Consumers are decided by the court competent under the general rules.
3. The Terms are drawn up in Polish and also made available in translations (English, German, Ukrainian and Russian). If they differ, the Polish version prevails. Communication with the Provider is in Polish or English.
4. If any provision is invalid or ineffective, the remaining provisions stay in force.
5. The Provider may transfer its rights and obligations under the Agreement to a successor of its business, notifying the Customer; the Customer may transfer its rights and obligations only with the Provider's consent.
6. These Terms, version 1.5, apply from 14 November 2026. Earlier versions are available on request.

Annex 1 — Information for consumers and persons with consumer rights

1. Scope. This annex applies to Consumers and to natural persons who conclude an agreement directly related to their business where its content shows it is not of a professional nature for them (Art. 7aa of the Consumer Rights Act; Art. 385⁵ of the Civil Code). Their rights may differ from those of a Consumer.
2. Right of withdrawal. You have the right to withdraw from an Agreement concluded at a distance within 14 days without giving a reason. The period runs from the day the Agreement is concluded. To exercise the right, tell us of your decision by an unambiguous statement — by e-mail to support@lemko.tech or by post to [●]; you may use the model form in Annex 2 but you do not have to. The deadline is met if you send the statement before it expires.
3. Effects of withdrawal. We will refund payments made without undue delay and no later than 14 days after receiving your statement, using the same payment method you used unless you expressly agree to another. If you asked for the Service to begin before the withdrawal period ended, you will pay an amount proportional to what has been provided up to the moment of withdrawal (Art. 35 of the Consumer Rights Act). No amount is due for a Trial period in which we charge nothing.
4. Exclusion of the right of withdrawal. The right of withdrawal does not apply once a service has been fully performed, if performance began with the Consumer's express consent after they were informed that they would lose the right (Art. 38(1) of the Consumer Rights Act).
5. Conformity of the digital service. The Provider is liable for a digital service not conforming to the agreement under the rules of the Consumer Rights Act; we accept notifications under section 12 of the Terms.
6. Out-of-court dispute resolution. See section 15 of the Terms.

Annex 2 — Model withdrawal form