Terms of service for electronically supplied services — Towarix

Version 1.0 · effective 2 November 2026

This is an English translation of the Polish original (Regulamin). In case of any discrepancy, the Polish version prevails.

§ 1. General provisions

1. These Terms set out the rules for providing services electronically through the Towarix platform and constitute the terms referred to in Art. 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.
2. The Service Provider is Danyil Prudnikov, conducting business under the name DANYIL PRUDNIKOV, business address: ul. Garbary 5/130, 85-229 Bydgoszcz, Poland, NIP 9671469007, REGON 526424313, entered in CEIDG (the Polish business register). Contact: support@towarix.com.
3. These Terms are made available free of charge at towarix.com/terms in a form that allows them to be downloaded, stored and printed.
4. Where the Service Provider and the Customer have concluded an individually negotiated agreement, its provisions take precedence over these Terms, and these Terms apply to matters it does not govern.

§ 2. Definitions

1. Platform — the Towarix software provided by the Service Provider as SaaS at app.towarix.com, including its API.
2. Service — making the Platform available to the Customer within the scope set out in the Order, together with support.
3. Customer — an entrepreneur within the meaning of Art. 43¹ of the Polish Civil Code who has concluded a contract for the Service with the Service Provider.
4. Entrepreneur with consumer rights — a Customer who is a natural person concluding a contract directly related to their business, where the contract shows that it is not of a professional nature for them, in particular given the subject of their business as disclosed in CEIDG.
5. User — a natural person for whom the Customer created, or allowed the creation of, an account in the Customer's organisation in the Platform.
6. Order — the Service Provider's offer accepted by the Customer, or the Customer's order accepted by the Service Provider, in documentary form (e.g. email), specifying the scope of the Service and the fee.
7. External Services — third-party services the Platform integrates with for the Customer (e.g. Allegro, Fakturownia, Erli, Temu, Ceneo, Google Drive), used by the Customer under its own agreements with their providers.
8. Customer Data — data entered into the Platform by the Customer and Users or imported into it from External Services for the Customer.
9. Business Day — Monday to Friday, excluding public holidays in Poland.

§ 3. Type and scope of services

1. Under the Service, the Service Provider makes the Platform available for running the Customer's sales operations, in particular: product catalog, sales channel offers, orders, stock levels, supplier purchasing, documents and integrations with External Services, within the scope set out in the Order.
2. Free of charge and without a contract for the Service, the Service Provider makes available the towarix.com website with information about the Platform, and the sign-in form.
3. The Platform is under continuous development and may also be provided to other customers. Customer Data is logically separated from other customers' data and is not accessible to them. The Service Provider may release updates and change how features work, provided that a change does not deprive the Customer of an essential feature covered by the Order without offering a solution of comparable usefulness.
4. The Service Provider publishes information about changes in the changelog available in the Platform no later than the day they are deployed. The removal or significant change of an existing feature is announced at least 7 days in advance, unless the change is forced by an External Service, the law or security.
5. The Service Provider uses due care to keep the Platform running continuously but does not guarantee a specific availability level unless agreed in an individual agreement. Planned maintenance that may interrupt access is, where possible, performed outside 8:00– 18:00 on Business Days and announced in advance in the Platform or by email.
6. The Customer sends reports about the Platform to support@towarix.com. The Service Provider responds on Business Days.

§ 4. Technical requirements

1. Using the Platform requires a device with internet access, a current version of Chrome, Edge, Firefox or Safari with JavaScript and cookies enabled, and an active email address.
2. Using an integration requires an active Customer account in the External Service concerned and granting the Platform access to it.
3. Using electronically supplied services carries the usual internet risks, such as malware, phishing or stolen credentials. The Service Provider recommends up-to-date software, strong and unique passwords, two-factor authentication, and not sharing credentials with others.

§ 5. Concluding the contract and User accounts

1. The contract for the Service is concluded when the Order is accepted. By concluding the contract, the Customer accepts these Terms.
2. After the contract is concluded, the Service Provider creates the Customer's organisation in the Platform and the account of its first User. The Customer creates or invites further accounts.
3. The Customer is responsible for the actions of Users as for its own, keeps their credentials confidential, and promptly blocks the accounts of people who should no longer have access.
4. The Service Provider may hold a service account in the Customer's organisation, used only to provide support, fix errors and carry out the Customer's instructions.

§ 6. Fees and payments

1. The fee and how it is calculated are set out in the Order. Prices are net amounts, to which VAT is added at the applicable rate where VAT applies.
2. The fee is payable monthly, on the basis of an invoice issued by the Service Provider, by the due date stated on it. The Customer agrees to receive invoices electronically.
3. A change of the fee requires the consent of both Parties. If the Parties do not agree on a proposed change within 30 days of its delivery, either Party may terminate the contract with the notice period in § 12(2); the existing fee applies until it expires.
4. If a payment is more than 30 days overdue, the Service Provider may, after a payment reminder setting an additional period of at least 14 days, suspend the Service until payment. Suspension does not delete Customer Data, and the Customer can still export it under § 9.

§ 7. Customer obligations

1. The Customer uses the Platform in line with its purpose, the law and these Terms, and with the terms of the External Services it integrates with.
2. Supplying unlawful content, in particular content infringing third-party rights, is prohibited, as are actions that disrupt the Platform or aim to access other customers' data, including breaching security, circumventing limits and automated data extraction outside the provided API.
3. The Customer is responsible for the lawfulness of Customer Data, including having a legal basis to process the personal data it enters into the Platform or imports into it from External Services.

§ 8. External Services

1. The Service Provider is not liable for the availability, changes, limitations, errors or decisions of External Service providers (including API, terms or limit changes and account or offer blocks), or for their consequences for the Customer.
2. If a change to an External Service disrupts an integration, the Service Provider will adapt it within a reasonable time. If adaptation is impossible or requires effort disproportionate to the fee, the Service Provider may withdraw the integration, and the Customer may then terminate the contract with immediate effect.

§ 9. Customer Data, export and backups

1. Customer Data belongs to the Customer.
2. The Customer may at any time, including during the notice period and suspension, request an export of Customer Data. The Service Provider delivers the export within 10 Business Days in a common machine-readable format (CSV or JSON) together with files (photos, attachments). One export per month and the final export are free of charge.
3. The Service Provider backs up the Platform database at least once a day.
4. After the contract ends, the Service Provider keeps Customer Data for 30 days to allow a final export and then deletes it, including from backups as they rotate, unless the law requires longer retention.

§ 10. Liability

1. The Parties are liable for non-performance or improper performance of the contract under general rules, subject to the limitations below.
2. The Service Provider is not liable for the Customer's lost benefits, including lost profits, lost sales and lost customers.
3. The Service Provider's total liability under the contract is limited to the net fees paid by the Customer for the 3 months preceding the event causing the damage.
4. The limitations in paragraphs 2–3 do not apply to damage caused intentionally.
5. The Service Provider is not liable for the consequences of: (a) acts and omissions of External Service providers, (b) incorrect or outdated source data of the Customer, (c) acts of Users and of persons to whom the Customer disclosed credentials, (d) force majeure.

§ 11. Complaints

1. Complaints about the Service may be sent by email to support@towarix.com or in writing to the Service Provider's address.
2. A complaint should include details identifying the Customer, a description of the problem and, where possible, when it occurred.
3. The Service Provider handles a complaint within 14 days of receipt and sends the reply to the address the complaint came from.

§ 12. Term and termination

1. The contract is concluded for an indefinite term, with no minimum period.
2. The contract may be terminated, effective at the end of a calendar month: (a) by the Customer — with one month's notice, (b) by the Service Provider — with three months' notice.
3. Either Party may terminate the contract with immediate effect if the other Party materially breaches the contract or these Terms and does not remedy the breach within 14 days of a request. The Service Provider may also terminate on this basis if a payment is more than 60 days overdue.
4. Termination requires documentary form (e.g. an email to the other Party's address), unless an individual agreement provides otherwise.
5. After the contract ends, § 9(4) applies.

§ 13. Entrepreneurs with consumer rights

1. The rules on abusive contract terms (Art. 385¹–385³ of the Polish Civil Code, under Art. 385⁵) apply to an Entrepreneur with consumer rights. The provisions of these Terms, including the liability limitations in § 10, bind them only to the extent they do not breach those rules.
2. An Entrepreneur with consumer rights may withdraw from the contract within 14 days of its conclusion without giving a reason (Art. 27 in conjunction with Art. 38a of the Polish Consumer Rights Act), by sending a statement to the Service Provider, e.g. by email to support@towarix.com. Sending the statement before the deadline is sufficient.
3. If, at the express request of an Entrepreneur with consumer rights, the Service started before the withdrawal period expired, on withdrawal they pay an amount proportionate to the services provided up to the withdrawal.

§ 14. Personal data

1. How the Service Provider processes personal data as a controller is described in the privacy policy.
2. To the extent the Service Provider processes personal data on behalf of the Customer, the Parties conclude, together with the contract, the data processing agreement set out in the Annex to these Terms, unless they have concluded a separate data processing agreement.

§ 15. Changes to these Terms

1. The Service Provider may amend these Terms for valid reasons, in particular changes in the law, changes in the scope or manner of providing the Service, or security.
2. The Service Provider notifies Customers of an amendment by email at least 14 days before it takes effect. A Customer who does not accept the amendment may terminate the contract with immediate effect before that date.
3. An amendment required by law or security may take effect sooner where the law or security so requires.

§ 16. Final provisions

1. The contract and these Terms are governed by Polish law.
2. Matters not governed here are subject to the Polish Civil Code and the Act on Providing Services by Electronic Means.

Annex — Data processing agreement

Concluded under Art. 28(3) GDPR between the Customer as the Controller and the Service Provider as the Processor, together with the contract for the Service (the Main Agreement).

§ 1. Subject and duration

1. The Controller entrusts the Processor with processing personal data to the extent and for the purpose necessary to provide the Service under the Main Agreement.
2. The entrustment lasts for the term of the Main Agreement and the period referred to in § 9(4) of the Terms.

§ 2. Nature, purpose, types of data and categories of data subjects

1. Nature of processing: storage, organisation, viewing, retrieval from External Services, transmission to External Services on the Controller's instruction, backups, deletion.
2. Purpose: providing the Service, including running integrations, support and security.
3. Categories of data subjects and types of data:

4. The entrustment does not cover special categories of data (Art. 9 GDPR) or data relating to criminal convictions (Art. 10 GDPR). The Controller does not enter such data into the Platform.

§ 3. Processor obligations

The Processor:

1. processes the data only on documented instructions from the Controller; the Main Agreement, this agreement, and Users' actions and settings in the Platform are such instructions; it promptly informs the Controller if, in its opinion, an instruction infringes the law;
2. ensures that persons authorised to process the data are bound by confidentiality;
3. applies the technical and organisational measures required by Art. 32 GDPR, in particular: encrypted connections (TLS), encryption of External Service credentials, role-based access control, isolation of organisation data, an audit trail, daily backups and security updates;
4. complies with the conditions for engaging sub-processors (§ 4);
5. assists the Controller in responding to data subject requests and in meeting its obligations under Art. 32–36 GDPR, taking into account the nature of processing;
6. after the Service ends, deletes or returns the data in line with § 9 of the Terms;
7. makes available to the Controller the information necessary to demonstrate compliance with Art. 28 GDPR and allows audits (§ 6).

§ 4. Sub-processors

1. The Controller gives general authorisation to engage sub-processors. The current list, which on the effective date of these Terms comprises Hetzner Online GmbH, Cloudflare, Inc. and Clerk, Inc., with their location and transfer basis, is in the privacy policy.
2. The Processor informs the Controller in documentary form (e.g. email) at least 14 days in advance of an intended addition or replacement of a sub-processor. The Controller may raise a reasoned objection within that period; if the Parties do not agree on a solution, the Controller may terminate the Main Agreement with immediate effect.
3. The Processor imposes on sub-processors data protection obligations at least equal to those in this agreement and is liable to the Controller for their performance.
4. Providers of External Services with whom the Controller has its own agreements (e.g. Allegro, Temu, Ceneo, Fakturownia, Google, providers of AI tools used by Users) are not the Processor's sub-processors. Data is transmitted to them through an integration on the Controller's instruction.

§ 5. Personal data breaches

The Processor notifies the Controller of a personal data breach it discovers without undue delay and no later than 36 hours after discovering it, with the information required by Art. 33(3) GDPR to the extent available.

§ 6. Audit

The Controller may carry out an audit no more than once a year, with at least 14 days' notice, on Business Days and without disrupting the Processor's business, primarily in the form of written questions. An external auditor must be bound by confidentiality. The Controller bears the cost of the audit.

§ 7. Liability and final provisions

1. The Parties' liability is governed by Art. 82 GDPR and § 10 of the Terms to the extent permitted by law.
2. Matters not governed here are subject to the Terms and the GDPR.