Terms of Service

These Terms of Service form a binding agreement between the Provider and the Customer on the use of Responsly. Please read them, together with the Data Processing Agreement, before creating an Account.

1. Definitions

1.1. Provider, we or us – sixpoints – Jędrzej Koronowicz, a sole proprietorship registered in the Polish Central Registration and Information on Business (CEIDG), Grunwaldzka 472, 80-309 Gdańsk, Poland, VAT ID PL5842612410.

1.2. Responsly or Platform – the online software for creating Surveys and for collecting and analysing responses, provided by the Provider as software as a service.

1.3. Website – the websites at responsly.com and its subdomains, including app.responsly.com.

1.4. Service – the service, provided electronically under these Terms, of making the Platform available to the Customer, including related support.

1.5. Customer or you – a business or organisation (a legal person, an organisational unit without legal personality or a natural person conducting business or professional activity, including a public body or a non-profit organisation) that concludes the agreement under these Terms.

1.6. User – a natural person authorised by the Customer to use the Account.

1.7. Account – the Customer’s individual, password-protected space in the Platform.

1.8. Team – the Users invited to the Account, together with their roles and permissions.

1.9. Respondent – a person who is invited to, views or completes a Survey.

1.10. Survey – a survey, form, quiz, test, poll or other questionnaire created or published with the Platform.

1.11. Content – all data and materials that the Customer, Users or Respondents enter into, upload to, collect with or generate using the Platform, including Surveys, responses, contact lists, files and outputs of AI Features.

1.12. Plan – the package of features and usage limits selected by the Customer: Essential, Professional or Enterprise.

1.13. Pricing – the description of Plans, their features, usage limits, prices and trial conditions, published at https://www.responsly.com/pricing/ or presented before purchase, and, for the Enterprise Plan, the offer or agreement accepted by the Customer.

1.14. Billing Period – the monthly or annual period for which fees for a paid Plan are paid in advance.

1.15. AI Features – features of the Platform that use machine learning models, including large language models, for example to generate Surveys, analyse responses, identify themes and sentiment, or prepare summaries and reports.

1.16. Data Processing Agreement – the agreement on the processing of personal data on behalf of the Customer, published at https://www.responsly.com/terms-and-policies/data-processing-addendum/, which forms an annex to these Terms, or a custom data processing agreement concluded under Section 11.3.

1.17. Force Majeure – an external event that could not be foreseen or prevented with due diligence, such as war, natural disasters, epidemics, strikes, decisions of public authorities, widespread failures of power, telecommunications or internet infrastructure, and denial-of-service attacks that cannot be mitigated by reasonable measures.

2. General

2.1. These Terms are the terms and conditions for the provision of services by electronic means within the meaning of the Polish Act of 18 July 2002 on the provision of services by electronic means. They are available free of charge on the Website in a form that can be downloaded, stored and printed.

2.2. The Provider can be contacted:

• for customer support and complaints: help@responsly.com;
• for data protection matters: gdpr@responsly.com;
• to report illegal content or abuse, and for authorities under the Digital Services Act: report@responsly.com;
• by post: Grunwaldzka 472, 80-309 Gdańsk, Poland.

2.3. Business customers only. The Service is intended only for businesses and organisations acting for purposes directly related to their business, professional or statutory activity. It is not offered to consumers or to natural persons conducting business activity for whom the agreement does not have a professional character, and these Terms contain no provisions for them. The person accepting these Terms confirms that the Customer meets this condition and that he or she is authorised to act on the Customer’s behalf. The Provider may ask for confirmation, such as a VAT ID, and may refuse to conclude, or may terminate, the agreement if the condition is not met.

2.4. Conclusion of the agreement. The agreement is concluded when the Customer creates an Account and accepts these Terms. Starting a trial or purchasing or changing a Plan changes the scope of the Service under the same agreement. An agreement for the Enterprise Plan may also be concluded by accepting an offer or signing a separate agreement (Enterprise Agreement). The Provider may refuse to conclude the agreement for a legitimate reason, such as suspected abuse.

2.5. Contract documents. The agreement consists of these Terms, the Data Processing Agreement and the Pricing applicable to the Customer’s Plan. The Privacy Policy, available at https://www.responsly.com/terms-and-policies/privacy-policy/, is provided for information: it describes how the Provider processes personal data as a controller and creates no obligations for the Customer.

2.6. Order of precedence. An Enterprise Agreement prevails over these Terms to the extent it expressly provides otherwise. In matters of personal data protection, the Data Processing Agreement prevails over these Terms. In matters of Plan features, usage limits and prices, the Pricing prevails over these Terms.

3. Service and Plans

3.1. Depending on the Plan, the Service enables the Customer in particular to:

• create and publish Surveys, including from templates;
• distribute Surveys via a link, by email, SMS or WhatsApp, on websites and within web and mobile applications (in-app);
• collect, analyse, report on and export responses;
• use AI Features, including the analysis of responses;
• connect the Account with third-party services through integrations and other interfaces;
• work together within a Team.

3.2. The features, usage limits and prices of each Plan are described in the Pricing. The Plans are:

• Essential and Professional – paid Plans;
• Enterprise – a paid Plan with individually agreed features, limits, prices and terms, which may include a custom Data Processing Agreement and agreed service levels.

3.3. Trial. The Provider may offer a free trial of a paid Plan on the conditions described in the Pricing or presented at registration. Each Customer may use one trial. A trial does not turn into a paid Plan without a purchase. When a trial ends without the purchase of a paid Plan, access to the Account is blocked. The Customer can unblock the Account by purchasing a paid Plan. An Account that is not unblocked within 60 days after the trial ends is deleted together with its Content, and backups are deleted as set out in Section 16.5.

3.4. Changes to features. The Provider develops the Platform and may add, change or withdraw features. The Provider gives at least 14 days’ notice of a change that materially reduces the functionality of a paid Plan during a paid Billing Period, unless the change is required by law or for security reasons. A Customer who used the affected functionality may terminate the agreement with immediate effect before the change takes effect or within 30 days after it takes effect.

3.5. Beta features are provided for testing, may be changed or withdrawn at any time and are not covered by any service levels.

3.6. Third-party services. Integrations, SMS and WhatsApp distribution and signing in with third-party accounts rely on services provided by third parties under their own terms. By enabling an integration, the Customer instructs the Provider to exchange Content with the selected service. For data that the Customer chooses to send to such a service, its provider is not the Provider’s subprocessor, and the Provider is not responsible for that service’s availability or its processing of data. The Customer must comply with the rules of messaging services, such as WhatsApp business messaging policies.

4. Account and Team

4.1. The Customer creates an Account using an email address and password, a supported third-party account (such as a Google account) or single sign-on where available in its Plan. Account data must be accurate and kept up to date.

4.2. The Customer must ensure that Users keep their login credentials confidential. The Provider recommends that Users enable two-factor authentication. The Customer is responsible for all activity in its Account and for the acts and omissions of its Users as for its own.

4.3. The Customer may invite Users to its Team and assign roles and permissions within the limits of its Plan. The Customer is solely responsible for granting and revoking access, including when a User leaves its organisation.

4.4. The User who created the Account, or to whom ownership of the Account has been transferred (the Account owner), manages the Plan, billing and deletion of the Account and receives notices under these Terms.

4.5. The Customer must report suspected unauthorised access to its Account to help@responsly.com without undue delay. If the Provider reasonably suspects unauthorised access, it may temporarily block the Account or require a password change.

4.6. The Customer may not create multiple Accounts to circumvent Plan limits or trial conditions, allow several people to use one User login, or resell access to the Platform as a standalone service without the Provider’s consent.

5. Technical requirements

5.1. Using the Platform requires a device with internet access, a current version of Google Chrome, Mozilla Firefox, Apple Safari or Microsoft Edge with JavaScript and cookies enabled, and an active email address. Respondents need a current web browser and, for SMS or WhatsApp invitations, a phone able to receive them.

5.2. The Provider does not guarantee correct operation with outdated browsers, script-blocking extensions or networks that restrict access to the Website. Uploaded files may be converted or resized for display.

5.3. Services provided electronically involve risks such as malware, phishing, account takeover and interception of data sent over unsecured networks. The technical and organisational security measures applied by the Provider are described in Annex 2 to the Data Processing Agreement, available at https://www.responsly.com/terms-and-policies/data-processing-addendum/security-measures/. Users should keep their software up to date, enable two-factor authentication and never share their credentials. The Provider never asks for passwords by email.

6. Acceptable use

6.1. The Customer must use the Service lawfully, in accordance with these Terms and with respect for the rights of others, including Respondents.

6.2. Respondents’ personal data. For personal data collected through Surveys and otherwise contained in Content, the Customer is the controller (or a processor acting for another controller). The Customer decides the purposes and scope of that collection. The Provider processes it on the Customer’s behalf under the Data Processing Agreement. The Customer shall in particular:

• collect and process Respondents’ data on a legal basis in Article 6 of Regulation (EU) 2016/679 (GDPR) and, for special categories of data, Article 9 GDPR;
• give Respondents the information required by Articles 13 and 14 GDPR, including identifying itself as the controller of data collected in the Survey;
• collect only the data needed for the purpose of the Survey;
• handle Respondents’ rights under the GDPR;
• if it acts for another controller, hold that controller’s authorisation to engage the Provider.

6.3. Invitations. The Customer may send invitations and reminders by email, SMS or WhatsApp only to recipients from whom it has obtained the consents required by applicable law, including laws on electronic communications and direct marketing, or where the law otherwise permits such messages, and who have not withdrawn those consents. The Customer:

• keeps evidence of the consents and produces it on the Provider’s reasonable request;
• does not use bought, rented or otherwise unlawfully obtained contact lists;
• honours requests to stop receiving messages without delay;
• identifies itself as the sender in a way that is not misleading;
• complies with the rules of WhatsApp and of SMS operators.

The Customer is responsible for the content of its invitations. The Provider may limit or stop sending messages from an Account with unusually high complaint, bounce or spam rates.

6.4. Special categories of data and children’s data. The Service is not intended for processing special categories of personal data (such as data concerning health or religious beliefs), personal data relating to criminal convictions and offences, or personal data of children. If the Customer decides to collect such data, this is solely the Customer’s decision and responsibility. The Customer must then meet the conditions required by law, such as explicit consent or the consent of a parent or guardian where required, assess whether the measures in Annex 2 to the Data Processing Agreement are sufficient for that data, restrict Team access appropriately, and assess whether a data protection impact assessment is needed.

6.5. The Customer must stay within the limits of its Plan and must not place an unreasonable load on the Provider’s infrastructure, for example through automated bulk actions or load tests carried out without the Provider’s consent.

6.6. The Customer is responsible for exporting and keeping copies of the Content it needs. The Provider’s backups serve the continuity of the Service and are not intended to restore Content deleted by the Customer or its Users.

7. AI Features

7.1. Using AI Features is optional. Content is processed by AI Features only when the Customer or a User uses or enables them. Their availability depends on the Plan.

7.2. To provide AI Features, the Provider sends the necessary Content, such as instructions entered by a User, Survey questions and selected responses, to providers of language models acting as subprocessors, listed at https://www.responsly.com/terms-and-policies/subprocessors/. This processing is governed by the Data Processing Agreement, including its rules on international transfers.

7.3. The Provider does not use Content to train AI models. Language model providers process Content only to perform the relevant feature, under terms that do not permit them to use Content to train their models.

7.4. Outputs of AI Features are generated automatically and may be inaccurate or incomplete, and the same input may give different outputs. Outputs are not professional advice. The Customer must verify outputs before relying on them, in particular before making decisions about individuals.

7.5. Where required by law, including the GDPR and Regulation (EU) 2024/1689 (the AI Act), the Customer must inform Respondents and other persons that AI is used to analyse their responses or to interact with them.

7.6. The Customer may not use AI Features for practices prohibited under Article 5 of the AI Act, such as manipulative techniques, exploiting vulnerabilities or social scoring, nor to take decisions based solely on automated processing that produce legal or similarly significant effects for individuals, unless permitted by law and accompanied by the safeguards it requires.

7.7. AI Features are not designed as high-risk AI systems. If the Customer uses them in an area listed as high-risk in the AI Act, such as recruitment or the evaluation of employees, the Customer is responsible for complying with the obligations that the AI Act imposes on deployers.

7.8. As between the parties, outputs generated for the Customer are part of its Content. The Provider does not guarantee that outputs are protected by intellectual property rights or that they are unique.

8. Prohibited practices

8.1. The Service may not be used to:

• publish, collect or transmit illegal content, including content inciting violence or hatred, terrorist content, child sexual abuse material, pornographic content, and content infringing intellectual property rights, personal rights or privacy;
• commit phishing or fraud, including through Surveys that impersonate another organisation, mislead Respondents about who conducts the Survey, or ask for passwords, payment card numbers or other authentication data;
• send spam or distribute malware;
• harass, threaten or unlawfully discriminate against any person;
• collect personal data without a legal basis or track Respondents covertly;
• promote crypto-assets, virtual currencies or initial coin offerings (ICOs);
• run illegal gambling, pyramid schemes or other unlawful offers.

8.2. The Customer and its Users may not attempt to gain unauthorised access to the Platform, other Accounts or the Provider’s infrastructure; test the Platform for vulnerabilities without the Provider’s consent (vulnerabilities may be reported to help@responsly.com); interfere with or overload the Platform; circumvent usage limits or security measures; reverse engineer the Platform, except as permitted by mandatory law; or copy the Website or the Platform by automated means other than through interfaces provided for that purpose.

8.3. If the Provider becomes aware of illegal Content or of a breach of Sections 6 to 8, it may take proportionate measures, such as removing or disabling access to Content, suspending a Survey, restricting features, suspending the Account or terminating the agreement under Section 16. The Provider takes into account the seriousness of the breach and whether it is repeated, and informs the Customer of the measure and the reasons for it in accordance with Section 10, unless prohibited by law.

9. Content and intellectual property

9.1. The Customer retains all rights to its Content. The Provider does not acquire ownership of Content.

9.2. The Customer grants the Provider a non-exclusive, royalty-free, worldwide licence to use Content, for the duration of the agreement and the retention periods in Section 16, solely to provide, maintain and secure the Service, to provide support requested by the Customer and to comply with the law. The licence covers storing and reproducing Content on servers, in backups and in computer memory, making it available to Users and Respondents over the internet, transmitting it to services selected by the Customer, processing it with AI Features on the Customer’s instruction, and changing its format for display. The Provider may sublicense these rights to its subprocessors only for the same purposes.

9.3. The Customer represents that it holds all rights needed to use its Content in the Service and that such use does not infringe the rights of others.

9.4. The Platform, its software, the Website, templates, documentation and the Responsly name and logo belong to the Provider or its licensors. The Customer receives a non-exclusive, non-transferable right, without the right to sublicense, to use the Platform within its Plan for the duration of the agreement. Templates may be used only within the Service and may be withdrawn for a legitimate reason, such as the expiry of a third-party licence.

9.5. The Provider may create and use aggregated, anonymous statistics about the use of the Service that do not identify the Customer, Users or Respondents, to develop the Service and for statistical purposes. The Provider does not publish Content.

9.6. The Provider may use feedback and suggestions about the Service without restriction.

9.7. Customer reference. The Provider may identify the Customer by name and logo as a user of Responsly on the Website and in marketing materials. The Customer may object at any time by email to help@responsly.com, after which the Provider will remove the reference from the Website within 14 days and will not use it in new materials. Case studies and quotations require the Customer’s separate consent.

10. Reporting illegal content (EU Digital Services Act)

10.1. For Content stored at the Customer’s request, the Provider acts as a hosting service provider under Regulation (EU) 2022/2065 (the Digital Services Act or DSA).

10.2. Single point of contact. The Provider’s single point of contact for Member State authorities, the European Commission and the European Board for Digital Services (Article 11 DSA), and for recipients of the Service (Article 12 DSA), is report@responsly.com. Communication may be in English or Polish.

10.3. Notices. Anyone may notify the Provider of Content they consider illegal, such as a phishing Survey, by email to report@responsly.com. In accordance with Article 16(2) DSA, a notice should contain:

• a sufficiently substantiated explanation of why the Content is considered illegal;
• a clear indication of the exact electronic location of the Content, such as the exact URL, and, where necessary, other information enabling its identification;
• the name and email address of the notifier, except for notices concerning offences referred to in Articles 3 to 7 of Directive 2011/93/EU (child sexual abuse and exploitation);
• a statement confirming the notifier’s good faith belief that the information and allegations contained in the notice are accurate and complete.

10.4. Acknowledgement and decision. The Provider acknowledges receipt of a notice without undue delay. It reviews notices in a timely, diligent, non-arbitrary and objective manner and informs the notifier of its decision and the available means of redress. Decisions on notices are taken by authorised persons. If automated means are used, the Provider states this in the acknowledgement or in the decision. Technical safeguards that detect spam, phishing or malware (Section 10.8) are not decisions on notices.

10.5. Statement of reasons. If the Provider removes, disables access to or restricts the visibility of Content, or suspends or terminates the Service or the Account, because the Content is illegal or incompatible with these Terms, it provides the affected Customer with a clear and specific statement of reasons (Article 17 DSA), unless prohibited by law or by an order of a competent authority. The statement indicates the measure and its duration, the facts and circumstances relied on, whether the decision followed a notice, whether automated means were used, the legal or contractual ground, and the available means of redress.

10.6. Appeal. The affected Customer and the notifier may appeal against a decision by email to report@responsly.com within 6 months of being informed of it. The Provider reviews the appeal objectively, informs the appellant of the outcome without undue delay, and no later than within 14 days, and reverses the decision if it was unjustified. The right to bring the matter before a court is not affected.

10.7. Authorities. The Provider acts on orders issued by competent authorities under Articles 9 and 10 DSA. If the Provider becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place, it promptly informs the law enforcement or judicial authorities of the Member State or Member States concerned (Article 18 DSA).

10.8. Content moderation. The Provider does not proactively monitor Content. It acts on notices, on orders of authorities and on information otherwise brought to its attention, with due regard to the rights and legitimate interests of all parties involved, including freedom of expression.

11. Data protection

11.1. The Provider processes the personal data of Users and Customer representatives as a controller, as described in the Privacy Policy at https://www.responsly.com/terms-and-policies/privacy-policy/.

11.2. For personal data contained in Content, including Respondents’ personal data, the Customer is the controller (or a processor acting for another controller) and the Provider is the processor. The Data Processing Agreement is concluded electronically when the Customer accepts these Terms. It applies on all Plans, including during a free trial, and requires no separate signature.

11.3. A custom data processing agreement, with negotiated changes and signed electronically or on paper, may be concluded on the Enterprise Plan or under separate commercial arrangements. Requests should be sent to gdpr@responsly.com. Once concluded, it prevails over the standard Data Processing Agreement to the extent that it amends it.

11.4. Content is hosted in data centres located in the European Union. Personal data is transferred outside the European Economic Area only in compliance with Chapter V of the GDPR, as described in the Data Processing Agreement.

11.5. Subprocessors. The current list of subprocessors is available at https://www.responsly.com/terms-and-policies/subprocessors/. The Provider gives notice of any intended addition or replacement of a subprocessor at least 14 days before the change takes effect, by email to the Account owner. Within 14 days of the notice, the Customer may submit a reasoned objection to gdpr@responsly.com. If the parties do not reach agreement within 30 days of the objection, the Customer may terminate the agreement with immediate effect. Failure to object in time is deemed acceptance. Termination on this ground does not entitle the Customer to a refund (Section 12.8). In exceptional cases, where a change of subprocessor is urgently needed to ensure the continuity or security of the Service, the Provider may make the change earlier, inform the Customer without delay, and the Customer may object as above. Details are set out in the Data Processing Agreement.

11.6. The Provider notifies the Customer of a personal data breach concerning Content without undue delay and no later than 48 hours after becoming aware of it.

12. Payments

12.1. Fees for paid Plans are set out in the Pricing and are paid in advance for monthly or annual Billing Periods. Other terms, including payment by bank transfer, may be agreed for the Enterprise Plan.

12.2. Payments are processed by Stripe. The Provider does not store full payment card details.

12.3. Recurring payments. When paying by card, the Customer authorises the automatic charging of the fee at the start of each Billing Period until the paid Plan is cancelled. The payment provider may use updated card details supplied by the card issuer. If a payment fails, the Provider may retry it and notifies the Customer by email. If the payment is not made within the period stated in that email, the paid Plan is not renewed and Section 16.2 applies.

12.4. Invoices and taxes. The Customer agrees to receive invoices electronically, including through the Polish National e-Invoicing System (KSeF) where required by law, and must provide correct billing details, including its VAT ID where applicable. VAT is added at the applicable rate unless the reverse charge mechanism or another VAT rule applies. Charges of the Customer’s bank or payment provider, including currency conversion fees, are borne by the Customer.

12.5. Usage limits. When a usage limit of a Plan described in the Pricing is reached, the relevant functionality may be restricted until the next Billing Period or until the Customer changes its Plan or purchases additional capacity. SMS and WhatsApp messages may be subject to separate limits or charges set out in the Pricing.

12.6. Plan changes. An upgrade takes effect immediately and is charged pro rata for the remainder of the Billing Period. A downgrade takes effect from the next Billing Period, after which features and Content exceeding the scope of the new Plan may become unavailable.

12.7. Price changes. A new price for an existing paid Plan applies from the first Billing Period that begins at least 14 days after the Provider has notified the Customer by email. The Customer may cancel the paid Plan before the new price applies.

12.8. Refunds. Fees are non-refundable, including where a paid Plan is cancelled or the Account is deleted during a Billing Period. The Provider refunds prepaid fees pro rata for the unused part of the Billing Period only where the Provider terminates the agreement without cause (Section 16.4) or where mandatory law requires a refund. Termination by the Customer, including under Section 3.4, 11.5, 14.8, 17.3 or 18.4, does not entitle the Customer to a refund.

12.9. Statutory interest for delay in commercial transactions may be charged on overdue invoices.

13. Service availability

13.1. The Provider makes reasonable efforts to keep the Service available but does not guarantee that it will be uninterrupted or error-free. No service level agreement applies unless one is agreed in an Enterprise Agreement.

13.2. Planned maintenance is scheduled so as to minimise disruption and, where significant unavailability is expected, is announced in advance by email or in the Platform. Emergency maintenance may be carried out without notice where needed to protect the security or stability of the Service.

13.3. The Provider may temporarily suspend an Account, a Survey or a feature where necessary to prevent a security threat, abuse or serious harm to Respondents or third parties. The suspension is limited to the extent and time necessary, and the Provider informs the Customer without undue delay.

13.4. Delivery of email, SMS and WhatsApp messages depends on third parties, such as email providers, telecommunications operators and messaging services, and is not guaranteed.

14. Liability

14.1. The parties are liable in accordance with the Polish Civil Code, subject to the limitations in this Section.

14.2. Aggregate limit. The Provider’s total aggregate liability for all claims arising out of or in connection with the agreement, including these Terms and the Data Processing Agreement, on any legal basis, is limited to the fees paid by the Customer for the Service for the one month preceding the event giving rise to the damage. For an annual Billing Period, this is one twelfth of the annual fee. Liability under the Data Processing Agreement is included in this single limit and does not increase it.

14.3. Free use. To the extent permitted by law, the Provider is not liable for damage in connection with use of the Service during a free trial.

14.4. Excluded damage. The Provider is not liable for lost profits or for indirect or consequential damage.

14.5. Intentional damage. The limitations and exclusions of liability in these Terms and in the Data Processing Agreement do not apply to damage caused intentionally, nor where liability cannot be limited or excluded under mandatory law. They do not limit the rights of data subjects under Article 82 GDPR.

14.6. Subject to Section 14.5, the Provider is not liable for damage caused by Content or by the acts or omissions of the Customer, its Users or Respondents; by the use of credentials by unauthorised persons, unless caused by the Provider; by Force Majeure; by networks, telecommunications or devices for which the Provider is not responsible; by third-party services that the Customer connects to the Account (integrations and similar connections chosen by the Customer); by beta features; by reliance on outputs of AI Features without the verification required by Section 7.4; or by non-delivery of messages caused by operators, email providers or recipients, including spam filters and number blocks. This Section does not exclude the Provider’s liability for its subprocessors listed on the subprocessors page, for whose acts and omissions the Provider remains liable as for its own, as set out in the Data Processing Agreement. To the extent permitted by law, statutory warranties for defects are excluded.

14.7. Third-party claims. The Customer is liable for damage resulting from a breach of these Terms, of the law or of third-party rights by the Customer, its Users or Content. If a third party or an authority brings a claim against the Provider or imposes a sanction in connection with Content or the Customer’s acts, the Customer will indemnify the Provider, pay awarded or settled amounts and reasonable costs, including legal fees, and, on request, join the proceedings. The Provider will notify the Customer of such a claim without undue delay and will not settle it without consulting the Customer.

14.8. Force Majeure. Neither party is liable for failure or delay in performance caused by Force Majeure. The affected party must inform the other party without undue delay. If Force Majeure prevents the provision of the Service for more than 30 consecutive days, either party may terminate the agreement with immediate effect. Termination on this ground, by either party, does not entitle the Customer to a refund (Section 12.8).

15. Complaints and contact

15.1. The Customer may submit complaints about the Service, in particular about its non-performance or improper performance, by email to help@responsly.com. A complaint should include the Customer’s name, the email address of the Account, a description of the problem and the Customer’s expectations.

15.2. The Provider considers complaints within 14 days of receipt and responds by email. If a complaint lacks the information needed to consider it, the Provider asks for it, and the 14-day period runs from receipt of the supplemented complaint.

15.3. Support requests may be sent to help@responsly.com or through the chat on the Website. Response times are not guaranteed unless agreed in an Enterprise Agreement.

15.4. Illegal content is reported under Section 10. Data protection matters should be sent to gdpr@responsly.com.

15.5. The Provider sends notices to the Account owner’s email address and, where appropriate, displays them in the Platform.

16. Termination and account deletion

16.1. The agreement is concluded for an indefinite period. Paid Plans renew automatically for successive Billing Periods until cancelled.

16.2. Termination by the Customer. The Customer may terminate the agreement at any time with immediate effect by deleting the Account. A paid Plan may be cancelled at any time; it then remains active until the end of the current Billing Period and is not renewed. When a paid Plan ends without renewal, access to the Account is blocked. The Customer can unblock the Account by purchasing a paid Plan. An Account that is not unblocked within 60 days after the paid Plan ends is deleted together with its Content, and backups are deleted as set out in Section 16.5.

16.3. Termination by the Provider for breach. The Provider may terminate the agreement with immediate effect, or suspend the Service, by notice sent by email, if the Customer materially or repeatedly breaches these Terms, in particular Sections 4.6 and 6 to 8, fails to pay fees despite a reminder, has provided false information or does not meet the condition in Section 2.3, or if termination is required by law or by a decision of a competent authority. Where a breach can be remedied and the circumstances allow, the Provider first asks the Customer to remedy it within a reasonable period.

16.4. Termination by the Provider without cause. The Provider may terminate the agreement without giving reasons, with at least 30 days’ notice sent by email. In that case, the Provider refunds prepaid fees pro rata for the unused part of the Billing Period.

16.5. Retention and deletion. After the Account is deleted or the agreement ends, Content is retained for 60 days, during which the Account owner may request reactivation of the Account at help@responsly.com. After that period, Content is deleted from production systems. Backups containing Content are deleted in the backup rotation cycle within 12 months at the latest and are not used for any other purpose in the meantime. Data that the Provider must retain as a controller, such as invoices, is kept as described in the Privacy Policy.

16.6. Export. The Customer may export Content at any time while using the Service, in the formats available in the Platform, and should do so before deleting the Account or before the agreement ends. After the 60-day period, Content cannot be restored. If the Provider terminates the agreement under Section 16.3, it will enable the export of Content on request made within that period, unless this is prohibited by law or the Content is illegal.

16.7. Provisions which by their nature are intended to continue after the agreement ends, including Sections 9, 14, 16 and 18, remain in force.

17. Changes to the Terms

17.1. The Provider may change these Terms and the Data Processing Agreement for important reasons, such as changes in the law or decisions of public authorities, changes in the Service or the technology used to provide it, security and abuse prevention, or changes in the Provider’s details.

17.2. The Provider informs Customers of changes at least 14 days before they take effect, by email to the Account owner and by publishing the amended Terms on the Website together with its effective date.

17.3. A Customer who does not accept the changes may terminate the agreement before they take effect. If the Customer does not do so, the changed Terms apply from their effective date.

17.4. A change required by law or by a decision of a competent authority may take effect earlier than 14 days after notice if the law or the decision so requires. The Provider informs Customers of such a change as soon as possible.

17.5. Price changes are governed by Section 12.7 and changes of subprocessors by Section 11.5. An Enterprise Agreement is changed as provided in that agreement.

18. Final provisions

18.1. Governing law. The agreement is governed by Polish law, excluding its conflict-of-laws rules.

18.2. Disputes. Disputes arising out of or in connection with the agreement are resolved by the court having jurisdiction over the Provider’s registered office.

18.3. Electronic communications. The parties communicate electronically, in particular by email, unless the law requires another form.

18.4. Assignment. The Customer may not transfer the agreement or its rights under it without the Provider’s prior consent. The Customer agrees that the Provider may transfer the agreement to an entity that takes over the business in which the Service is provided, or to the Provider’s legal successor. The Provider will inform the Customer of the transfer in advance, and the Customer may then terminate the agreement with immediate effect. Termination on this ground does not entitle the Customer to a refund (Section 12.8).

18.5. Severability. If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in force, and the invalid provision is replaced by a valid provision that best reflects its purpose.

18.6. Waiver and entire agreement. Failure to exercise a right does not constitute a waiver of that right. These Terms, the Data Processing Agreement, the Pricing and any Enterprise Agreement constitute the entire agreement between the parties concerning the Service.

18.7. Effective date. These Terms of Service were published on 16 September 2026 and are effective from 1 October 2026. They replace the previous Terms of Service, which are available on request sent to help@responsly.com.

Annex: Data Processing Agreement

Last updated 16 September 2026