Terms of Service

§ 1. General Provisions

1. These Terms of Service define the rules for the provision of electronic services by the Kiero OMS platform to business entities. The Terms enter into force on the date of publication and are available free of charge at kiero-oms.pl/en/terms. Matters not regulated by the Terms are governed by Polish law, in particular the Civil Code and the Act on the provision of electronic services.
2. The Service Provider is EHUB STUDIO conducting business activity, ul. Idzikowskiego 44/9, 54-129 Wrocław, Poland, NIP: 8943202520, REGON: 524163417, PKD: 62.01.Z, 73.11.Z, 47.91.Z.

   EHUB STUDIO

   ul. Idzikowskiego 44/9

   54-129 Wrocław, Polska

   NIP: 8943202520

   REGON: 524163417

   PKD: 62.01.Z, 73.11.Z, 47.91.Z

   Email: legal@ehub.studio

3. Kiero OMS is a SaaS (Software as a Service) platform intended exclusively for entities conducting business or professional activity. Kiero OMS services are not directed at consumers within the meaning of Polish Civil Code Art. 22¹. By registering an Account, the User declares that: (a) they conduct business or professional activity; (b) they use the platform solely for business purposes; (c) they are not a consumer and consent to the exclusion of consumer protection provisions.

§ 2. Definitions

• Service – Service / Platform – the Kiero OMS order management system available at kiero-oms.pl, enabling management of orders, products, customers, marketplace integrations (Allegro, Shopify, WooCommerce, PrestaShop, Etsy) and logistics (InPost, Furgonetka, Apaczka)
• Service Provider – Service Provider / Kiero – EHUB STUDIO conducting business activity, NIP: 8943202520, owner and operator of the Kiero OMS platform
• User – User – a business or professional entity that has concluded an Agreement with the Service Provider by registering an Account and accepting the Terms, using the platform solely for business purposes
• Organization – Organization – a company account in the Service, within which the User may create Employee Profiles, manage team permissions, and integrate external sales platforms
• Subscription – Subscription – paid, recurring access to platform features according to the selected plan defined in the Price List at kiero-oms.pl/en/pricing; the billing period is 1 month or 1 year

§ 3. Conditions of Use

1. Use of the Service requires all of the following to be met:
   • Full legal capacity and conducting business or professional activity under applicable law; the Service is intended exclusively for business entities
   • Account registration, provision of truthful and complete business data (including tax ID) and acceptance of these Terms and Privacy Policy; a User may hold only one active Account
   • An active email address and a device with Internet access and a JavaScript-enabled browser (Chrome 94+, Firefox 93+, Edge 94+, Safari 14+); minimum screen resolution 1280×720 px
2. Users are expressly prohibited from:
   • Sharing account access with unauthorized third parties outside Employee Profiles; creating multiple accounts to circumvent fees; attempting unauthorized access to system resources or other users' data; scraping data without the Service Provider's written consent
   • Copying, modifying, decompiling, disassembling, or reverse engineering the Service code; removing copyright notices; sublicensing or reselling access to third parties; using the Service for spam or unauthorized marketing activities
   • Introducing unlawful content or content violating third-party intellectual property rights into the Service; taking actions that disrupt the correct functioning of the platform or its infrastructure; using the Service for any purpose contrary to applicable law

§ 4. Registration, Account and Employee Profiles

1. Registration in the Service is voluntary and free of charge. After registration, a free Trial Period is activated. A User may hold only one active Account. The User is obliged to update their registration data immediately upon any change. The Service Provider is entitled to verify the User's identity and business activity without prior notice.
2. The User bears full and exclusive responsibility for the security of their account credentials, for all actions taken within the Account, and for the actions of Employee Profile users to whom the User has granted specific permissions. Each Employee Profile must have a separate login and password.
3. The Service Provider is entitled to suspend or delete the Account in the event of: (a) delayed Subscription payment; (b) violation of the Terms; (c) provision of false data; (d) justified suspicion of unauthorized access; (e) justified suspicion of violation of law. An Account suspended for 12 months shall be permanently deleted with no possibility of data recovery.

§ 5. Subscriptions and Payments

1. Subscription plan prices (net + VAT) are specified in the Price List at kiero-oms.pl/en/pricing. Subscriptions are billed on a recurring basis in arrears. Downgrading to a lower plan is not possible during an active billing period. The Service Provider reserves the right to change the Price List with 30 days' notice. The User is not entitled to offset, withhold, or suspend payments owed to the Service Provider.
2. Payments are processed by the payment operator PayU S.A., ul. Grunwaldzka 182, 60-166 Poznań, Poland (KRS 0000274399, NIP 7792308495). Users may pay by: fast bank transfer, payment card or credit card, or automatic recurring payments. By linking a payment card, the User declares they are its legal holder. In the event of insufficient funds, the payment attempt will be retried three times.
3. Electronic invoices are issued and delivered to the email address associated with the Account; the User authorizes the Service Provider to issue invoices without their signature. In the event of payment delay, the Service Provider is entitled to: charge maximum statutory interest for late payment in commercial transactions; suspend access to the Account; initiate debt collection. The Service Provider may charge an administrative fee of up to 30% of the Subscription for the period of underpayment.

§ 6. Limitation of Liability

1. The Service Provider is not liable for: (a) lost profits, indirect, consequential and incidental damages; (b) costs of substitute performance, damages or contractual penalties paid by the User to third parties; (c) failures, errors or unavailability of external services (Allegro, InPost, Furgonetka, Apaczka, Fakturownia, PayU, etc.); (d) business, tax or legal decisions made by the User using the platform; (e) data loss resulting from force majeure or unauthorized access due to the User's fault.
2. The platform is provided 'AS IS'. The Service Provider strives to ensure availability of 99.5% monthly uptime but does not guarantee uninterrupted operation. Planned maintenance (max. 8 h/month, 10 PM–6 AM) is announced with 24 hours' notice. Features marked 'BETA' may not work correctly – the Service Provider bears no responsibility for them. Warranty liability is excluded.
3. The total liability of the Service Provider to the User from all causes – except damage caused intentionally – is limited to the amount of the Subscription paid for the last full monthly billing period preceding the event causing the damage. The court competent for disputes is the court of general jurisdiction for the Service Provider's registered office (Wrocław).

§ 7. Intellectual Property

1. The Kiero OMS system, including source code, interface, documentation, logos and all other elements, is the exclusive property of the Service Provider or entities that have granted appropriate licenses. For the duration of the Agreement, the Service Provider grants the User a non-exclusive, non-transferable, limited license to use the platform for its intended purpose, without the right to sublicense. User data entered into the System remains the property of the User.
2. The license does not include the right to: copy, modify or create derivative works of the System; decompile, disassemble or reverse engineer; sublicense or resell access to third parties (outside Employee Profiles); remove copyright or trademark notices. The User grants the Service Provider a non-exclusive, royalty-free, revocable consent to use the User's name and logo in reference materials, unless the User expressly objects.

§ 8. Personal Data Protection

1. The rules of data processing are defined in Privacy Policy.
2. The Service Provider processes the User's personal data as a data controller to the extent necessary for service provision (legal basis: Art. 6(1)(b) GDPR). Regarding personal data of the User's customers entered into the System, the Service Provider acts as a data processor on behalf of the User. The User is the data controller and bears full responsibility for processing in compliance with GDPR. The Service Provider applies: TLS/SSL encryption, data-at-rest encryption, RBAC access control, Row Level Security policies, and regular backups. After Account deletion, data is removed within 30 days, except for data required by law.

§ 9. Termination of Agreement

1. Either Party may terminate the Agreement at any time. The User may delete their Account via the settings panel or by contacting Technical Support. The Service Provider may terminate the Agreement with immediate effect in the event of: material breach of the Terms; payment arrears exceeding 30 days; the User using the System for purposes contrary to law. Termination does not release the User from the obligation to settle outstanding payments.
2. After Account deletion, data is permanently removed from the System within 30 days, except for data whose retention is required by law (e.g., accounting records for 5 years). Account deletion is final and irreversible. Users should export all necessary data before deletion – the Service Provider is not liable for data loss.

§ 10. Complaints and Technical Support

1. Complaints regarding services should be submitted to: support@ehub.studio or via the contact form available after logging in. A complaint should include: a description of the issue, the date it occurred, and Account details. Technical Support is available on Business Days and covers assistance with System features. Support does not cover: programming services, configuration of the User's external systems, legal or tax advice. A prerequisite for Technical Support is the absence of payment arrears.
2. The Service Provider resolves complaints within 14 calendar days from receipt. The response is sent to the applicant's email address. The Service Provider bears no responsibility for failures resulting from external providers (Allegro, InPost, etc.).

§ 11. Force Majeure and External Integrations

1. The Service Provider is not liable for failure or improper performance of the Agreement resulting from force majeure events, in particular: natural disasters, epidemics and pandemics, acts of war, terrorist attacks, cyberattacks against the System infrastructure or cloud providers, decisions of public authorities, failures of key internet and cloud infrastructure providers. The Service Provider does not guarantee continuity of External Integrations (Allegro, InPost, Furgonetka, Apaczka, Fakturownia, Scanye, etc.), as their availability depends on Third-Party Providers who are independent legal entities.

§ 12. Changes to the Terms

1. The Service Provider reserves the right to amend these Terms at any time. Users will be notified of changes via publication of the new text at kiero-oms.pl/en/terms and by email with at least 14 days' advance notice. Continued use of the platform after changes take effect constitutes acceptance. If a User does not accept the changes, they should delete their Account before the changes take effect. These provisions apply accordingly to changes to the Price List.

§ 13. Final Provisions

1. The Agreement is governed by Polish law. Any disputes arising from the Agreement shall be resolved by the court of general jurisdiction competent for the Service Provider's registered office (Wrocław). If any provision of the Terms is found invalid, the remaining provisions remain binding. The Service Provider is entitled to transfer the rights and obligations under the Agreement to a third party upon notifying the User; the User may not assign their rights without the Service Provider's consent.

§ 14. Contact