Terms of Service (B2B)

AI Form Copilot - Business Terms

Last Updated: 2025-11-12

Service Provider: Fundacja Rozwoju Przedsiębiorczości „Twój StartUp" (operating the organized business part: Artur Kuzmenka) ul. Żurawia 6/12, office 766 00-503 Warsaw, Poland VAT ID (EU): PL5213641211 BDO: 000460502 Email: info@webappski.com

1. ACCEPTANCE OF TERMS

By requesting access to, receiving or using API keys, installing or embedding the widget, submitting an order or invoice request, or otherwise accessing or using the AI Form Copilot services ("Services"), you ("Client", "you", "your") agree to be bound by these Terms of Service ("Terms"), including the Data Processing Agreement (DPA) and the Acceptable Use Policy (AUP).

You represent that you have the authority to bind your organization. These Terms apply to business use only (including companies and self-employed individuals/sole traders operating for business purposes).

Services Provider: Services are provided by Fundacja Rozwoju Przedsiębiorczości „Twój StartUp" (the Foundation for the Development of Entrepreneurship "Twój StartUp") operating the organized business part conducted by Artur Kuzmenka (zorganizowana część przedsiębiorstwa prowadzona przez Artur Kuzmenka).

2. SERVICE DESCRIPTION

2.1 AI Form Copilot Service

We provide a voice-powered form completion widget that:

Converts user speech to text via OpenAI Whisper API
Maps natural language to form fields via OpenAI GPT-4o-mini API
Translates user input to match form language
Generates context-aware field badges
Supports 25+ languages

2.2 Service Components

Widget: JavaScript component for integration on your website
Backend APIs: Cloud Functions for voice processing
API Keys: Secure authentication for service access

2.3 Service Availability

Target Uptime: 99.0% monthly uptime (excluding scheduled maintenance)
Scheduled Maintenance: We may perform maintenance with 48 hours' notice
No SLA: Uptime is a target, not a guarantee. No credits or refunds for downtime.

Service availability depends on third-party providers (e.g., OpenAI, Google Cloud); unavailability caused by such providers is not deemed our breach.

Emergency maintenance may occur without advance notice.

3. SERVICE ORDERING AND ACCESS

3.1 Service Ordering

To use Services, you must:

Business Trial Plan (Start Free Pilot):

Submit request form at https://webappski.com/products
Required: contact email, website URL, development framework
Optional: company name, traffic source, marketing consent
Accept these Terms and the DPA

Paid Plans (Request Invoice):

Submit Enterprise request form at https://webappski.com/products
Required: company legal name, billing contact, billing email, full billing address, website URL, plan selection, and tax identification (EU: valid VAT ID; non-EU: business registration/tax number or equivalent)
Optional: finance notes
Business verification: We verify company details during order processing
Accept these Terms and the DPA

3.2 API Key Security

You are responsible for:

Maintaining confidentiality of API keys and credentials provided by us
Implementing reasonable security measures to protect API keys (e.g., restricted access controls, periodic key rotation, secure storage)
All activity using your API keys (including usage by third parties with access to your keys)
Notifying us immediately of unauthorized access or suspected key compromise (info@webappski.com)

We are NOT liable for losses resulting from unauthorized use of your API keys due to your negligence.

3.3 Domain Allowlist

You must specify your website domain(s) during service ordering
The widget will only function on allowlisted domains
You may add/remove domains by contacting support at info@webappski.com

3.4 Service Suspension

We may suspend your service access immediately if:

You violate these Terms, the DPA, or the AUP;
Your service access is used for fraudulent or illegal activities;
A valid legal complaint or takedown notice (e.g., DMCA) is received;
Non-payment at renewal: if an issued renewal invoice remains unpaid by the renewal date, service access may be suspended until payment is confirmed.

4. PRICING AND PAYMENT

4.1 Pricing Plans

Current pricing plans and features are available at: https://webappski.com/products

Plan Types:

Business Trial: Free 30-day trial with limited quota
Paid Plans: Starter, Professional, Business, and Enterprise tiers
Custom Plans: Available for Enterprise clients

Billing:

All invoices issued manually
Service begins after payment confirmation
Pricing may change with 30 days' notice (see Section 4.5)

4.2 Billing Process

Manual invoicing: We issue invoices for all paid plans
Service activation: Begins after invoice payment confirmation
Billing cycle: Monthly from service activation date
Annual billing: Available upon request

4.3 Payment Methods

Bank transfer (preferred method)
Wire transfer (international clients)
Payment terms: Net 14 days from invoice date
Service activates upon payment confirmation

4.4 Quota Exhaustion (No Overages)

When quota is exhausted: Further requests are automatically blocked; processing does not continue until quota resets or is increased.
No overage billing: We do not bill for over-quota usage.
How to resume earlier: You may upgrade your plan; service resumes after payment confirmation and application of the increased quota.
Auto-reset: Quota resets at the start of the next billing cycle and processing resumes automatically.
Notifications (optional): We may notify the billing contact at ~80% and 100% of monthly quota usage.

4.5 Price Changes

We may change prices with 30 days' notice
Price changes apply to next billing cycle
You may cancel before price increase takes effect
Pricing changes will also be posted at https://webappski.com/products.

4.6 Taxes and VAT

(a) Prices are exclusive of all taxes, duties, and governmental charges.

(b) EU/B2B VAT:

Poland-based Clients: Polish VAT will be added at the applicable rate.
EU Clients outside Poland: If a valid VAT ID is provided, the reverse charge mechanism applies pursuant to Articles 44 and 196 of the EU VAT Directive; no Polish VAT will be charged. The Client is responsible for self-assessing VAT in its country. If no valid VAT ID is provided, we may refuse service.

(c) Non-EU Clients (B2B): Services are outside the scope of EU VAT (place of supply – Client’s country). No Polish VAT is charged.

(d) Withholding Taxes: All amounts are payable net of any withholding. If any withholding is required by law, the Client shall gross-up the payment so that we receive the full invoiced amount.

(e) Evidence: The Client shall provide accurate tax information (including a valid VAT ID for EU Clients) and notify us of any changes without undue delay.

4.7 Payment Terms and Activation

Payment terms: Net 14 days from the invoice date.
Service activation: Begins only after payment confirmation is received.
No late fees during pre-activation: If payment is not received, service remains inactive.
Invoice validity: 30 days (after which a new invoice may be required).
Upgrades for existing Clients: If a plan upgrade is requested, service at the upgraded level starts after payment confirmation; if a renewal invoice remains unpaid by the renewal date, service access may be suspended until payment is confirmed.

4.8 Refunds

All fees are non-refundable. We do not provide refunds or credits for:

Partial months of service
Unused form submissions from your monthly quota
Downtime or service interruptions
Service termination (by you or us)
Dissatisfaction with service quality

Exception: If we materially breach these Terms and fail to cure within 30 days, you may request pro-rated refund for that month only.

5. ACCEPTABLE USE

5.1 Prohibited Uses

You shall NOT use Services for:

Illegal activities (fraud, hacking, phishing, spam)
Collecting personal data without consent (GDPR violation)
Forms targeting children <13 without COPPA compliance (US)
Forms targeting children <16 without parental consent (EU)
Malware distribution or security exploits
High-risk applications (medical diagnosis, financial advice, legal advice) without appropriate disclaimers
Impersonating others or misrepresenting your identity
Reverse engineering, decompiling, or extracting our source code
Bypassing rate limits or technical restrictions
Reselling Services without written permission
Using the Services to train, fine-tune, or benchmark competing AI models or datasets, unless expressly permitted in writing.

5.2 Content Restrictions

You are responsible for content on your website. You shall NOT use Services on websites containing:

Illegal content (child exploitation, terrorism, violence)
Hate speech, discrimination, harassment
Adult content (pornography) - unless you notify us and obtain written approval
Deceptive practices (fake products, pyramid schemes)

5.3 Service Limits

Monthly Quotas (Total Form Submissions):

Business Trial: 100 form submissions per month
Paid Plans: As specified at https://webappski.com/products
Quota exceeded: Service pauses until upgrade or next billing cycle

Rate Limits (Requests per Minute):

Purpose: Anti-DDoS and abuse protection
Default: 100 requests per minute per domain
Custom limits: Available for Business/Enterprise plans
Rate limit exceeded: HTTP 429 error (temporary)

Key Difference:

Monthly quota = How many forms you can process total
Rate limit = How fast you can send requests (burst protection)

Consequences:

Normal quota exceeded: Service pauses (upgrade available)
Rate limit abuse attempts: Service suspension
Severe circumvention: Service termination

5.4 Data Privacy

You shall:

Comply with GDPR, CCPA, and all applicable data protection laws
Obtain user consent before using voice input feature
Provide Privacy Policy to end users
Use data-ai-private attribute for sensitive fields
Educate users NOT to speak sensitive information (passwords, SSN, etc.)

Consent Receipts Storage: You authorize us (the Processor) to store consent receipts for your end users in pseudonymous form to comply with GDPR Article 7(1) (proof of consent). You acknowledge that:

Consent receipts are stored for maximum 24 months (or shorter retention period per your instructions)
Storage serves your (the Controller's) compliance and auditability needs
You are responsible for providing end users with transparency notice about consent receipt storage (see Privacy Policy)

5.5 Consequences of Violation

Minor violations (domain not allowlisted, minor rate limit abuse):

Warning + 7 days to cure

Major violations (illegal content, GDPR breach, hate speech, adult content without approval):

Immediate service termination without warning

Technical abuse (DDoS attempts, systematic circumvention of limits):

Service suspension or termination depending on severity

6. INTELLECTUAL PROPERTY

6.1 Our Ownership

We retain all rights, title, and interest in:

AI Form Copilot widget source code
Backend infrastructure and APIs
Trademarks, logos, and branding ("AI Form Copilot", "Webappski")
Documentation and technical materials
Algorithms and AI models (not including OpenAI's models)

6.2 Your License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Integrate the widget on your allowlisted domains
Use our APIs according to these Terms
Display our badge/branding on your website (required for Business Trial plan, optional for all paid plans)

Restrictions:

You may NOT remove copyright notices or attribution
You may NOT modify, reverse engineer, or redistribute the widget
You may NOT use our trademarks without permission (except displaying the badge)

6.3 Your Data

You retain ownership of:

Your website content and forms
Data collected from your end users
Your business information and account data

License to Us: You grant us a limited license to process your data as necessary to provide Services (see DPA).

6.4 Feedback

If you provide feedback or suggestions:

We may use feedback without compensation or attribution
You waive any IP claims to feedback
Feedback does not create confidentiality obligations

7. CONFIDENTIALITY

7.1 Confidential Information

"Confidential Information" includes:

Your API keys and credentials
Your business strategy and usage data
Non-public features or roadmap information
Technical documentation marked "confidential"

7.2 Obligations

Each party shall:

Keep Confidential Information secret
Not disclose to third parties (except as required by law or DPA Sub-processors)
Use reasonable security measures to protect Confidential Information

Confidentiality obligations do not restrict disclosures required by law, court order, or to supervisory authorities under applicable data protection laws.

7.3 Exclusions

Confidential Information does NOT include information that:

Is publicly available (not through breach)
You independently developed without using our Confidential Information
You rightfully received from third party without confidentiality restriction

7.4 Duration

Confidentiality obligations survive termination for 3 years.

8. WARRANTIES AND DISCLAIMERS

8.1 Our Limited Warranty

We warrant that Services will substantially conform to the documentation during your active paid service period.

Remedy: If Services do not conform, we will use reasonable efforts to correct errors. If we cannot correct material errors within 30 days of your notice, you may terminate and receive pro-rated refund for that month.

This is your SOLE remedy for breach of warranty.

8.2 DISCLAIMER OF WARRANTIES

EXCEPT AS STATED IN SECTION 8.1, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

NO WARRANTY OF MERCHANTABILITY
NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE
NO WARRANTY OF NON-INFRINGEMENT
NO WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION
NO WARRANTY OF DATA ACCURACY (AI may make errors)

WE DO NOT WARRANT:

That Services will meet your requirements
That AI transcription will be 100% accurate
That PII detection will be 100% accurate (our pattern-based detection catches most standard sensitive fields like passwords, SSN, credit cards, but cannot catch all variations of company-specific confidential data)
That Services will be available 24/7 without interruption
That bugs will be corrected

8.3 Third-Party Services

Services rely on third-party providers (OpenAI, Google Cloud):

We are NOT responsible for third-party failures
We do NOT warrant third-party service availability
Third-party terms apply (OpenAI Terms, Google Cloud Terms)

8.4 Beta Features

Features marked "Beta" or "Experimental":

Provided AS-IS with no warranty
May be discontinued without notice
Not recommended for production use

9. LIMITATION OF LIABILITY

9.1 MAXIMUM LIABILITY (12-Month Fees Only)

In any rolling twelve (12)-month period, our total aggregate liability arising out of or relating to the Services shall not exceed the total fees actually paid by Customer to Provider for the Services during the twelve (12) months immediately preceding the event giving rise to the claim (excluding taxes and pass-through third-party costs). If the Services have been provided for a shorter period, the cap equals the fees paid during such shorter period. This cap applies regardless of the legal theory (contract, tort, negligence, strict liability) and includes any indemnity payments, except as expressly stated in Section 9.3.

For data protection matters: liability (including under GDPR Article 82) is governed exclusively by the liability caps and rules set out in the DPA. In case of conflict, the DPA prevails.

9.2 EXCLUDED DAMAGES

Neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill, data, or cost of substitute services, even if advised of the possibility of such damages.

9.3 Exceptions

Nothing in this Section limits liability for fraud or wilful misconduct, or for death or personal injury caused by negligence, or for Customer’s unpaid, undisputed fees. For clarity, all other claims (including breach of confidentiality and indemnification obligations) are subject to the monetary cap in Section 9.1.

9.4 Basis of the Bargain

The limitations in this Section 9 are a fundamental part of the bargain between you and us. Without these limitations, we would not offer Services at current pricing.

10. INDEMNIFICATION

10.1 Your Indemnification of Us

You shall indemnify, defend, and hold harmless us, our affiliates, officers, employees, and agents from all claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

Your violation of these Terms, DPA, or AUP
Your violation of laws (GDPR, CCPA, COPPA, etc.)
Your website content (defamation, IP infringement, illegal content)
Your end users' claims (e.g., Data Subject claims for improper consent)
Your negligence or willful misconduct
Third-party claims that your use of Services infringes their IP rights
GDPR Article 9 Special Categories Processing - You shall indemnify us for all claims arising from processing of Special Categories of Personal Data (GDPR Article 9) including:

Failure to mark Article 9 fields: If you fail to use data-ai-private attribute on fields containing or requesting Special Categories data (health, political opinions, religious beliefs, trade union membership, genetic/biometric data, sexual orientation), resulting in such field labels being transmitted to our AI analysis
Ambiguous field labels: If your form uses ambiguous or euphemistic labels for Article 9 fields (e.g., "Status" instead of "HIV Status", "Membership" instead of "Trade Union Membership") that bypass our local denylist filtering
Failure to conduct pre-integration audit: If you fail to conduct pre-integration review of forms for Article 9 data as required by DPA Section 4.4
Failure to obtain explicit consent: If you use voice input on forms containing Article 9 data without obtaining separate explicit consent as required by GDPR Article 9(2)(a)
Failure to conduct DPIA: If forms contain Article 9 data requiring Data Protection Impact Assessment (GDPR Article 35), and you fail to conduct DPIA before integration
Company-specific sensitive fields: If you use company-specific confidential field labels (e.g., "Internal Reference Code", "Confidential Project Name") without marking them with data-ai-private

Rationale: While our local denylist filtering materially reduces risk of transmitting Special Categories data, it cannot catch all variations (see DPA §4.4). You are primarily responsible for identifying Article 9 fields on your forms and implementing appropriate safeguards (data-ai-private attribute, explicit consent, DPIA).

Example Scenarios:

Scenario 1: Your medical form has field labeled "HIV Test Result" (Article 9 health data). You fail to mark it with data-ai-private. Our denylist catches "HIV" and filters it. No claim → No indemnification needed.
Scenario 2: Your form has ambiguous label "Status" (actually HIV status). You fail to mark it with data-ai-private. Our denylist does NOT catch it (too generic). Field label sent to OpenAI. Data Subject files GDPR complaint. You indemnify us for full claim + legal fees.
Scenario 3: Your political campaign form has field "Party Affiliation" (Article 9 political opinion). You mark it correctly with data-ai-private. We incorrectly send it to OpenAI due to software bug. Data Subject files complaint. We are liable (no indemnification from you).
Scenario 4: Your HR form has field "Trade Union Membership". You fail to conduct pre-integration audit (DPA §4.4 requirement). UODO fines us €50,000 for joint liability under Art. 82. You indemnify us for €50,000 + legal fees.

10.2 Our Indemnification of You

We shall indemnify you from claims that our Services infringe a third party's:

Patent
Copyright
Trade secret

Conditions:

You notify us promptly of claim (within 10 days)
We control defense and settlement
You cooperate fully with defense

Exceptions (we do NOT indemnify if infringement caused by):

Your modification of Services
Your combination of Services with third-party products
Your use of Services after we notified you to stop (due to infringement claim)
Your violation of these Terms

Limitation: Our total liability under this Section 10.2 shall be subject to and shall not exceed the cap set out in Section 9.1.

10.3 Exclusive Remedy

Section 10.2 is our SOLE obligation and your EXCLUSIVE remedy for IP infringement claims.

10.4 Mitigation

If Services infringe (or we believe they will):

We may (at our option): (a) modify Services to be non-infringing, (b) obtain license for you, or (c) terminate Services and refund pro-rated fees for that month.

11. TERM AND TERMINATION

11.1 Term

These Terms start on the earlier of (i) the date you accept these Terms (including by submitting an order or invoice request), (ii) the date you first receive or use API keys, or (iii) the date you first access or use the Services, and continue until terminated.

11.2 Termination by You

You may terminate:

For convenience: Cancel service by contacting support (effective end of current paid period)
For breach: Immediately if we materially breach and fail to cure within 30 days

11.3 Termination by Us

We may suspend or terminate your service access:

For convenience: with 14 days' prior notice. If we terminate for convenience before the end of your paid period, we will refund prepaid, unused fees on a pro-rated basis.
For legal/compliance or security reasons: immediately, if continued provision of the Services is unlawful, creates a material security risk, or exposes us to liability.
For breach: immediately for material breach of these Terms, the DPA, or the AUP; where curable, we may provide up to 7 days to cure at our discretion.
For non-payment at renewal: if a renewal invoice remains unpaid as of the renewal date, service access may be suspended until payment is confirmed.

11.4 Effect of Termination

Access: Service access stops on the effective date of termination/suspension.
Data deletion: We delete Client configuration and metadata within 30 days, per the DPA. Compliance/audit artifacts (e.g., consent receipts) are retained and deleted per the DPA/Privacy Policy.
Fees: The Services are prepaid; no further fees are due unless separately agreed professional services have been delivered but not yet invoiced.
Survival: Sections 6 (Intellectual Property), 7 (Confidentiality), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), and 12 (Governing Law & Dispute Resolution) survive termination.

11.5 No Refund on Termination

If you terminate for convenience (not for our breach), no refund is provided for remaining days in current paid period.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by the laws of Poland, without regard to conflict of law principles.

12.2 Jurisdiction

Exclusive jurisdiction: Courts of Warsaw, Poland.

You consent to personal jurisdiction and venue in Warsaw courts.

12.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

12.4 Waiver of Class Actions

To the extent permitted by law, you waive your right to participate in class actions or class arbitrations.

All disputes must be brought individually.

12.5 Costs of Enforcement

If we prevail in litigation, you shall reimburse our reasonable attorneys' fees and costs.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, together with DPA and AUP, constitute the entire agreement regarding Services.

Supersedes: All prior agreements, proposals, negotiations, and communications.

Order of Precedence:

Data Processing Agreement (DPA)
Terms of Service
Acceptable Use Policy (AUP)

13.2 Amendments

We may update these Terms by (i) posting an updated version at https://webappski.com/legal/terms with an effective date and (ii) using best-efforts email notice to your billing/contact email.

Material changes (contractual terms): take effect 14 days after posting/notice.
Pricing changes: take effect 30 days after posting/notice and apply to the next billing cycle.
Changes required by law, security, or to fix errors: take effect immediately upon posting.

Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to a material change, you may stop using the Services before the effective date.

13.3 Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent, except to a successor in connection with a merger, corporate reorganization, or a sale of all or substantially all business/assets related to these Terms, provided you give us prompt written notice and the assignee is not our direct competitor and is creditworthy.

We may assign these Terms to an affiliate or in connection with a merger, reorganization, or a sale of all or substantially all business/assets, upon notice to you.

13.4 Severability

If any provision is invalid or unenforceable, the remaining provisions remain in full effect.

Invalid provision shall be modified to reflect parties' intent to the extent permitted by law.

13.5 No Waiver

Our failure to enforce any provision does NOT waive our right to enforce it later.

Waiver of one breach does NOT waive subsequent breaches.

13.6 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control:

Natural disasters (earthquake, flood, fire)
War, terrorism, civil unrest
Pandemics, government orders
Internet outages, third-party failures (OpenAI, Google Cloud)

Obligations suspended during force majeure. If force majeure lasts >30 days, either party may terminate without penalty.

13.7 Notices

To You: Email to the address provided in your order or billing details.

To Us: Fundacja Rozwoju Przedsiębiorczości "Twój StartUp" (Artur Kuzmenka) ul. Żurawia 6/12, office 766 00-503 Warsaw, Poland Email: info@webappski.com

Deemed Effective:

Email: 24 hours after sending.
Mail: 5 business days after postmark.

13.8 Independent Contractors

You and we are independent contractors. These Terms do NOT create:

Partnership, joint venture, or agency relationship
Employer-employee relationship
Franchise relationship

13.9 Export Control

You agree to comply with all export control laws (EU, US, Poland).

You shall NOT:

Export Services to embargoed countries (North Korea, Iran, Syria, etc.)
Provide Services to persons on sanctions lists (OFAC, UN)

13.10 Language

Governing Language: English.

If these Terms are translated, the English version prevails in case of conflict.

14. CONTACT INFORMATION

For General Inquiries: Email: info@webappski.com Website: https://webappski.com

For Legal Notices: Fundacja Rozwoju Przedsiębiorczości "Twój StartUp" (Artur Kuzmenka) ul. Żurawia 6/12, office 766 00-503 Warsaw, Poland

For Data Protection Inquiries: Email: info@webappski.com Subject: "GDPR Inquiry - [Your Company Name]"

For Technical Support: Email: info@webappski.com

APPENDICES

Appendix A: Related Documents

Data Processing Agreement (DPA): Required for GDPR compliance
Acceptable Use Policy (AUP): Prohibited uses in detail
Privacy Policy (End Users): For your end users
Technical Documentation: TECHNICAL.md

All documents available at: https://webappski.com/legal/

BY ACCESSING OR USING AI FORM COPILOT SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Updated: 2025-11-12 Version: 1.0