Terms of Service

Klientify Terms of Service Version: 4.1 Last updated: August 22, 2026 1. General provisions These Terms govern the use of Klientify and related websites, dashboards, APIs, automations, integrations, support channels, and optional AI-supported features (together, the "Services"), provided by Jan Krajnak, entrepreneur, address: 769/2, PL-34-604 Przyszowa, Poland, NIP: 7343609750, e-mail: contact@klientify.me ("Service Provider"). Unless the parties execute a separate written agreement, these Terms form the agreement between the Service Provider and the customer using the Services ("Customer"). Sections expressly limited to business customers apply only where the Customer purchases for purposes related to a trade, business, craft, or profession. The consumer section applies where the Customer is a natural person purchasing mainly outside such activity. 2. Main definitions For the purposes of these Terms: - "Customer" means the person or entity entering into the agreement with the Service Provider, - "User" means an individual authorized by the Customer to use the Services, - "End Customer" means the Customer's own customer, patient, guest, member, caller, or other service recipient, - "Third-Party Provider" means any external provider used as part of the Services, including hosting, infrastructure, analytics, communication, and payment providers, - "Beta Feature" means a feature designated as beta, preview, pilot, experimental, or similar. 3. Scope of the Services The Services may include: - user accounts and workspaces, - booking, scheduling, and calendar management, - customer records and operational workflows, - membership, pass, subscription, payment, and notification tools, - API access, reports, integrations, automations, and analytics, - optional AI-supported summaries, workflow assistance, or communications features. The precise scope depends on the selected plan, enabled features, configuration, and current product availability. 4. Nature of the Services Klientify is a business tool intended to support operational processes. It does not replace the Customer's own business judgment, staffing, legal compliance, operational review, or customer-service obligations. Optional AI-supported outputs may be incomplete, inaccurate, delayed, or contextually wrong. The Customer remains responsible for validating critical information such as bookings, dates, times, payment status, service details, notices, and customer communications. 5. Customer obligations The Customer is responsible for: - configuring services, prices, durations, resources, locations, availability rules, exceptions, storefront settings, and customer-facing content correctly, - reviewing and confirming critical operational actions where appropriate, - ensuring that all data, prompts, scripts, notices, and policies supplied to the Services are lawful and up to date, - maintaining a lawful basis for collecting and using End Customer data, - providing legally required notices to End Customers, including transparency regarding AI-supported interactions where applicable, - for any hosted storefront, ensuring the seller identity, terms of sale or use, privacy policy, refund or withdrawal information, and other required consumer-facing disclosures are complete and presented to End Customers, - keeping credentials secure and limiting access to authorized users, - using the Services in compliance with law, contract, and third-party rights. 6. Prohibited uses The Customer must not use the Services: - for unlawful activity or infringement of third-party rights, - to process highly sensitive or tightly regulated data unless expressly agreed in writing, - for emergency handling or use cases requiring guaranteed immediate human intervention, - as a substitute for regulated professional advice, - to bypass, probe, or interfere with security controls, - to mislead people about the nature of AI-supported interactions where the law requires transparency. 7. Third-party providers and dependencies The Services rely on Third-Party Providers. The Service Provider is not responsible for outages, latency, API changes, vendor-side suspensions, or degradation attributable to Third-Party Providers, except to the extent caused by the Service Provider's own breach of law or contract. 8. Availability, maintenance, and changes We aim for commercially reasonable availability but do not guarantee uninterrupted or error-free operation. We may perform maintenance, release updates, modify features, replace vendors, or discontinue Beta Features where reasonably necessary. 9. Accounts, access, and security The Customer is responsible for activity conducted through its accounts and credentials. The Service Provider may suspend access, require credential resets, rotate keys, or take other protective action where reasonably necessary for security, abuse prevention, or legal compliance. 10. Fees and payment Paid features require payment in accordance with the applicable order, checkout, or pricing. Unless otherwise stated: - fees are charged in advance, - subscriptions renew automatically until canceled, - taxes may apply in addition to stated prices, - delayed payment may result in suspension of paid features. Payment instrument data is processed by the relevant payment provider, including Stripe, under that provider's own terms. 11. Data protection roles and DPA Each party acts as an independent controller for its own business operations. Where Klientify processes End Customer operational data on behalf of the Customer, the Customer is usually the controller and the Service Provider acts as processor or sub-processor. For storefronts, product pages, and hosted checkout flows created by the Customer, the Customer is usually the merchant or seller of record unless expressly agreed otherwise in writing. The Klientify Data Processing Agreement forms part of the contractual framework whenever Article 28 GDPR or equivalent processor terms are required for the Services. 12. Intellectual property All rights to the Services, software, documentation, interfaces, branding, and related materials remain with the Service Provider or its licensors. Subject to these Terms and payment of applicable fees, the Customer receives a limited, non-exclusive, non-transferable, revocable right to use the Services for its internal business purposes. 13. Customer content and feedback The Customer retains rights to its own data and content. The Customer grants the Service Provider the rights necessary to host, transmit, process, transform, and display such content solely for service delivery, support, security, legal compliance, and service improvement in aggregated or de-identified form where lawful. If the Customer provides feedback or suggestions, the Service Provider may use them without restriction and without separate compensation. 14. Disclaimer of warranties Except where mandatory law provides otherwise, the Services are provided on an "as is" and "as available" basis. The Service Provider disclaims warranties regarding uninterrupted availability, fitness for a particular purpose, merchantability, error-free AI output, perfect synchronization, and guaranteed business outcomes. 15. Limitation of liability To the maximum extent permitted by law in B2B relations: - the Service Provider is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, - the Service Provider is not liable for lost profits, revenue, business opportunity, reputation, goodwill, or expected savings, - the Service Provider is not liable for claims arising from Customer misconfiguration, outdated Customer content, missing legal notices, failure to review critical actions, or misuse of the Services, - the Service Provider's aggregate liability arising out of or related to the Services is limited to the fees actually paid by the Customer for the six months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for intentional misconduct. 16. Suspension and termination The Service Provider may suspend or terminate access with immediate effect if: - the Customer materially breaches these Terms, - fees are overdue, - the Services are used unlawfully or in a way that creates security, abuse, or legal risk, - required by law, regulator, court, payment provider, telecom operator, or infrastructure provider. The Customer may stop using the Services and disable renewals in accordance with the applicable plan or separate agreement. 17. Complaints and notices Complaints and legal notices should be sent to: contact@klientify.me. The notice should describe the issue in enough detail to allow investigation. 18. Governing law and disputes These Terms are governed by Polish law. In B2B relations, disputes are subject to the court competent for the Service Provider's seat unless mandatory law provides otherwise. 19. Final provisions If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms take effect on publication and may be updated from time to time. Material changes may be communicated by e-mail, in-app notice, or publication on the website. 20. Consumer pre-contract information For a consumer purchase, the Service Provider is the trader identified in section 1. The essential characteristics, selected plan, billing period, and base price are shown in Klientify. The applicable tax and final total for the consumer's billing country, payment method, and recurring charge are shown in Stripe before the consumer submits payment. The contract is concluded when payment is successfully authorized and we confirm access. The contract language is the language selected at checkout. The consumer can store these Terms and will receive or retain the checkout and payment confirmation on a durable medium. The subscription renews for the billing period shown at checkout until renewal is canceled. A cancellation stops future renewal and does not remove access already paid for, unless mandatory law or a withdrawal remedy provides otherwise. There is no minimum commitment beyond the current paid period unless the checkout clearly states otherwise. 21. Consumer right of withdrawal A consumer normally has 14 days from conclusion of a distance service contract to withdraw without giving a reason. To exercise that right, the consumer may use the prominent online withdrawal function at /withdrawal or send an unambiguous statement to contact@klientify.me identifying the customer and contract. The statutory model form may also be used, but is not mandatory. Access to Klientify starts immediately after successful payment. Starting access does not by itself remove the consumer's right of withdrawal. If the consumer validly withdraws within the statutory period, we will not deduct a proportionate charge merely because access started or the service was used. Any refund due will be made without undue delay and no later than the applicable statutory deadline, using the original payment method unless agreed otherwise. 22. Consumer conformity, updates, and remedies We will supply the digital service in conformity with the contract, including the functionality, compatibility, continuity, security, and updates that a consumer may reasonably expect under mandatory law. A consumer should report a lack of conformity to contact@klientify.me. Available mandatory remedies may include bringing the service into conformity, a proportionate price reduction, or termination and refund where the statutory conditions are met. Nothing in these Terms limits a non-waivable legal guarantee or shifts a burden of proof contrary to mandatory consumer law. 23. Consumer complaints and disputes Complaints may be sent to contact@klientify.me and should identify the account, transaction, and requested resolution. We aim to respond within 14 days. A consumer may also use any competent consumer authority or out-of-court redress body available under applicable law. Polish law applies without depriving an EU consumer of mandatory protection granted by the law of the consumer's habitual residence. Consumer claims may be brought before any court competent under mandatory law; the B2B venue clause does not apply. 24. Data processing service switching To the extent Klientify is a data processing service within Chapter VI of Regulation (EU) 2023/2854, a Customer may use Data & exit settings or contact us to switch to another provider, move to on-premises infrastructure, or erase exportable data. Before and during switching we will act in good faith, maintain reasonable service continuity, provide available documentation and assistance, and make exportable data and digital assets available in a commonly used, machine-readable format. The maximum notice period for initiating switching will not exceed two months. After that notice period, the mandatory transitional period will not exceed 30 calendar days unless technically unfeasible; in that case we will notify the Customer within 14 working days, explain why, and state an alternative period not exceeding seven months. The Customer may extend the transitional period once. Exported data remains retrievable for at least 30 calendar days after the transition, after which customer-generated exportable data and digital assets are erased unless a longer period is agreed or retention is legally required. Exportable categories include customer-supplied and customer-generated business records, customers, bookings, catalog and configuration data, schedules, passes, payments and transaction records held by Klientify, events, Direct records, products, orders, and customer legal documents, together with relevant metadata where available. Provider security secrets, credentials, fraud controls, internal telemetry, proprietary system data, and material whose export would compromise third-party rights or trade secrets are excluded only to the extent permitted by law and without impeding switching. Available formats and current limitations are described in Data & exit settings. We do not impose a switching charge; third-party or exceptional custom assistance costs will be disclosed and agreed in advance where law permits. 25. Merchant-hosted sales Store, Direct, event, booking, and customer-subscription pages may enable a Customer to contract with its own end customer. Unless expressly stated otherwise, that Customer—not Klientify—is the trader, seller, or service provider for that end-customer contract. Klientify requires a seller identity and selected terms, privacy, refund, and cancellation documents before covered public sales are enabled and records the versions presented at acceptance. The Customer remains responsible for the substance, legal accuracy, performance, refunds, taxes, accessibility, product safety, and consumer-law compliance of its offer. For each physical product, the Customer must provide and keep accurate the manufacturer name, postal and electronic address, product identifier, warnings and safety instructions required for each country of sale, and—where the manufacturer is not established in the EU—the required EU responsible-person details. The Customer must monitor recalls and safety notices, cooperate promptly with authorities and Klientify, report serious product-safety incidents where required, and immediately unpublish any product that is unsafe, recalled, prohibited, or no longer accurately documented. 26. AI transparency and restricted data Where a Klientify surface directly interacts with a person through an AI system, we will disclose that interaction where required. Customers must not remove required AI labels or use AI output to impersonate a person or mislead an end customer. AI-generated event images retain generation metadata; Customers remain responsible for any visible or machine-readable disclosure required for their publication context. Do not enter medical records, diagnoses, therapy notes, biometric identifiers, criminal-offence data, authentication secrets, card data, or other special-category or highly regulated information into free-text, audio, support, Direct, or AI fields unless a written Klientify agreement expressly authorizes that use and the Customer has implemented an appropriate lawful basis and safeguards.
    Terms of Service