Terms of electronic service provision

1. Service provider

The service provider and owner of the ClearAIDesk.com platform is NGITECH Sp. z o.o. with its registered office at al. Wiśniowa 36A/107B, 53-137 Wrocław, Poland, NIP: 8992894943, contact e-mail: office.pl@ngitech.org.

2. Nature of the platform

ClearAIDesk.com is a SaaS platform intended primarily for entrepreneurs, organizations, institutions and their authorized users. The platform is used to organize the use of AI tools, manage policies, checklists and tasks, handle confirmations, prepare internal communications, document organizational processes and publish selected content on a transparency page.

3. Business and organizational customers

The platform is directed to business and organizational customers. A person creating an account, creating an organization workspace, ordering the service or using an organization account declares that they act on their own behalf as a professional customer or are authorized to act on behalf of the organization using the service.

4. Acceptance of the terms

Use of the platform requires acceptance of these terms. Starting to use the platform, creating an account, creating an organization workspace, accepting an invitation to an organization or continuing to use the service after changes to the terms constitutes acceptance of the rules for using the platform.

5. Technical requirements

• a device with Internet access and an up-to-date web browser
• an active e-mail address of the user or organization
• enabled JavaScript and cookies, local storage or equivalent technical mechanisms necessary for logging in, maintaining a session and operating the platform’s basic functions
• device, browser, network and security configuration enabling the use of a SaaS web application

6. Account, organization and permissions

• The user is responsible for the confidentiality of the login, password, one-time codes, access tokens and other authentication data.
• It is prohibited to share an account with unauthorized persons or to use other users’ accounts without authorization.
• The customer is responsible for granting, changing and revoking users’ permissions within its organization.
• The organization administrator is responsible for workspace configuration, assignments, roles, publications, user invitations and access control to the organization’s data.
• The customer should promptly revoke access from persons who have lost authorization to use the platform on behalf of the organization.
• The service provider may temporarily block an account, workspace or access to the service when necessary for security, maintenance, legal or payment reasons, or in the event of suspected breach of the terms.

7. Permitted use

• The customer uses the platform in accordance with the law, the terms, service documentation and its own internal procedures.
• Only content, data and materials for which the customer has an appropriate legal, organizational and contractual basis may be entered into the platform.
• The customer is responsible for ensuring that use of the platform complies with requirements concerning data protection, confidentiality, trade secrets, copyright, third-party rights and regulatory obligations applicable to its organization.
• The platform should be used only within the scope consistent with its intended purpose, namely organizing, documenting, communicating and supervising the use of AI and related organizational processes.

8. Prohibited actions

• providing, publishing or disseminating unlawful, misleading content or content infringing third-party rights, personal rights, trade secrets, copyright, data protection laws or other applicable regulations
• bypassing security measures, vulnerability testing, scanning, disrupting operation, overloading infrastructure, using bots, scraping or automation outside the functions made available by the platform
• copying, decompiling, reverse engineering, modifying, reselling, sublicensing or making the platform available outside the scope permitted by the terms, the agreement or applicable law
• introducing malware, code, links, files or content into the platform that may compromise the security of the service, users or infrastructure
• using the platform for activities contrary to law, good practices, public security, third-party rights or the legitimate interests of the service provider, customers or users

9. Scope of the service

The service may include in particular: an organization workspace, AI tools register, policies, checklists, tasks, implementation packages, assignments to users or departments, confirmations, reports, payment modules, billing documents, internal communication and a public or transparency page module. The scope of available functions depends on the current offer, plan, account configuration, organization settings and individual arrangements with the customer.

10. Customer content and responsibility for publication

• The customer retains rights to its own content, data and materials entered into the platform.
• The customer is responsible for the substantive, legal, organizational and operational compliance of content published, sent, approved or stored using the platform.
• The customer is responsible for reviewing, approving and updating public content, in particular content published on the transparency page.
• Publication of public content takes place at the customer’s responsibility after it has been reviewed and approved by authorized persons on the customer’s side.
• The service provider is not obliged to monitor customer content, but may take actions limiting access to content or functions when required by law, security, a decision of a competent authority, a notice of infringement or the protection of third-party rights.

11. AI content, templates and no legal advice

• The platform may provide templates, checklists, descriptions, content suggestions, system materials and AI-supported functions.
• AI-generated or AI-supported content is auxiliary in nature and requires independent verification by the customer before it is used, sent, approved or published.
• The service provider does not provide legal, tax, compliance, audit, security or risk management advice.
• The service provider does not guarantee that templates, checklists, reports, recommendations or content generated in the platform are complete, up to date or sufficient to meet all legal or organizational obligations of the customer without independent verification.
• The customer is responsible for adapting content to its organization, industry, jurisdiction, manner of using AI and internal procedures.

12. Intellectual property of the platform

All elements of the platform, including the interface, layout, software, code, database, documentation, templates, checklists, system content, markings, graphics, logos and materials prepared by the service provider, are legally protected. The customer may use them only within the scope permitted by the agreement, the terms, documentation and the intended purpose of the platform. Without the service provider’s prior consent, it is prohibited to copy, record, distribute, resell, sublicense, decompile, reverse engineer, create competing services based on the platform or use the platform outside the customer’s own organizational use.

13. Fees and billing

• Use of selected platform functions is paid in accordance with the current offer, price list, subscription plan or individual offer presented to the customer.
• Fees are periodic and payable in advance for a given billing period, unless the offer, invoice, order or individual arrangements with the customer provide otherwise.
• Prices may be stated as net amounts, to which taxes are added in accordance with applicable regulations.
• Failure to pay on time may result in limitation of functions, suspension of access, refusal to renew the service, charging of due fees or termination of the agreement.
• Billing documents may be made available electronically to the customer’s e-mail address, in the account panel or through a payment operator.

14. Availability and technical works

The service provider exercises due care to ensure continuity and security of the platform’s operation, but does not guarantee uninterrupted, error-free or disturbance-free availability of the service. The service provider may carry out update, maintenance, security, migration or development works that may temporarily affect the availability of the platform or selected functions.

15. Data, privacy and cookies

The rules for processing personal data are described in the Privacy Policy. The rules for using cookies, local storage and similar technologies are described in the Cookie Policy. With regard to data processed in the organization workspace, the parties may enter into a separate data processing agreement or apply processing provisions resulting from the concluded agreement.

16. Export and deletion of data after service termination

After the end of use of the platform, access to the account, workspace and organization data may be limited or disabled in accordance with account functionality, subscription terms, the agreement and security procedures. The customer should export the necessary data before the service ends. Data may be stored after the end of cooperation for the period required for billing, security, performance of legal obligations, handling claims, archiving and in accordance with the Privacy Policy.

17. Complaints and contact

Complaints concerning the operation of the platform may be submitted to the e-mail address: office.pl@ngitech.org. A complaint should include data identifying the reporting person, the organization name, a description of the problem, the date of occurrence and information enabling analysis of the report. The service provider reviews complaints without undue delay, usually within 14 business days, unless the nature of the matter requires longer clarification.

18. Liability and limitations

• The service provider is liable only for damage caused intentionally and to the extent that liability cannot be excluded or limited under mandatory provisions of law.
• In relations with customers who are not consumers, the service provider’s liability for lost profits, indirect, consequential, reputational damages, loss of data resulting from actions of the customer or persons authorized by the customer, decisions made on the basis of content generated or stored in the platform and the effects of publication of customer content is excluded to the maximum extent permitted by law.
• The total liability of the service provider towards a given customer for the provision of the service, regardless of the legal basis of the claim, may not exceed the amount actually paid by the customer for the 12 months immediately preceding the event giving rise to liability, unless mandatory provisions of law provide otherwise.
• The service provider is not liable for the consequences of using the platform contrary to the terms, documentation, law, intended purpose of the service, customer procedures or security instructions.

19. Duration and termination of use

• The agreement for the provision of electronic services is concluded when the customer starts using the platform, creates an account, creates a workspace or accepts an invitation to an organization and lasts for the period of use of the service.
• The customer may end the use of the platform in accordance with account functionality, subscription terms, an individual agreement or by contacting the service provider.
• The service provider may terminate, limit or suspend the service with immediate effect in the event of a material breach of the terms, unlawful use, security threat, infringement of third-party rights, payment abuse, non-payment, actions disrupting the operation of the platform or an obligation resulting from law or a decision of a competent authority.
• Termination of use of the service does not release the customer from the obligation to pay due fees, liability for previous use of the platform or obligations concerning content, data and publications made during the use of the service.

20. Changes to the terms

The service provider may change the terms for important reasons, in particular due to changes in law, platform functionality, security, technology, service model, payments, the addition of new functions or the need to clarify provisions. Users or customers will be informed of material changes in advance through the platform, e-mail or another customary channel. Continued use of the platform after the changes enter into force constitutes acceptance of the amended terms.

21. Governing law and jurisdiction

Polish law applies to the terms and the provision of services, taking into account mandatory provisions of European Union law. In relations with customers who are not consumers, all disputes will be resolved by the court locally competent for the service provider’s registered office, unless mandatory provisions of law provide otherwise.

22. Consumer provisions

The platform is intended primarily for business and organizational customers. If the service is made available to consumers or entrepreneurs benefiting from consumer-like protection, mandatory provisions of law apply, and the terms, offer or separate information may be supplemented with required notices concerning consumer rights.

23. Final provisions

The current version of the terms is published in the ClearAIDesk.com service. Matters not regulated by the terms are governed by the relevant provisions of Polish law and mandatory provisions of European Union law.