TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES VIA THE "DOKUM.AI" PLATFORM

I. GENERAL PROVISIONS

These Terms and Conditions (hereinafter referred to as the "Terms") define the rules for the provision of electronic services and the rules for the use of the online service and SaaS software named "Dokum.ai", available at Dokum.ai.

The owner of the service and the entity providing the services is:

DOKUMIND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Limited Liability Company) with its registered office in Opole, ul. Oleska, no. 121A, apt. 11, city: OPOLE, postal code 45-231, Poland. District Court in Opole, XIII Commercial Division of the National Court Register (KRS), KRS Number: 0001215170. Tax ID (NIP): 7543384735, REGON: 543634879 (hereinafter referred to as the: "Provider").

These Terms have been drawn up on the basis of Art. 8 sec. 1 point 1 of the Act of 18 July 2002 on Providing Services by Electronic Means.

The Service is dedicated exclusively to entrepreneurs/businesses (B2B). By accepting these Terms, the Client declares that they are concluding the Agreement directly related to their business or professional activity. The Provider does not provide services to consumers.

The Terms constitute an integral part of the service agreement concluded electronically between the Provider and the Client.

II. DEFINITIONS

The terms used in these Terms shall mean:

• Client: A natural person, a legal person, or an organizational unit without legal personality, conducting business activity, who has registered an Account in the Service.
• Service / Dokum.ai: Software available in the SaaS (Software as a Service) model, utilizing Artificial Intelligence (AI) algorithms, used for automatic processing, OCR, and analysis of documents.
• Account: An individual administration panel of the Client in the Dokum.ai system, secured with a login and password.
• Price List: A list of fees for using the Service, available at or constituting an attachment to an individual offer.
• Force Majeure: An external event, impossible to foresee and prevent, including in particular: natural disasters, war, strikes, power grid failures, telecommunication link failures of external providers, DDoS (Distributed Denial of Service) attacks, actions of state administration bodies, and changes in the law preventing the provision of the Service.

III. TECHNICAL REQUIREMENTS AND AI TRANSPARENCY

In order to use the Service correctly, the Client is required to have: a) a device with Internet access; b) a web browser supporting Cookies, JavaScript, and SSL/TLS encryption protocol (recommended: the latest stable versions of Google Chrome, Mozilla Firefox, Microsoft Edge); c) an active e-mail account.

The Provider is not liable for the malfunction of the Service resulting from the Client's failure to meet the above requirements.

AI System Transparency (in accordance with the EU AI Act):

a) The Provider informs that the "Dokum.ai" Service constitutes a system using Artificial Intelligence (AI) within the meaning of Regulation (EU) 2024/1689.

b) The AI systems implemented in the Service perform an assistive function and serve for the automatic extraction and categorization of data from documents.

c) The Client acknowledges that despite the use of advanced technologies, results generated by AI (including OCR readings) may be subject to a margin of error.

d) Human Oversight: The Client undertakes to verify the correctness of data processed by the Service before its further use in legal or business transactions (the Human-in-the-loop principle). The Provider shall not be liable for damages resulting from uncritical reliance on the results of automatic analysis without their prior verification by a human.

IV. PAYMENTS AND ACCOUNT BLOCKING

Use of the Service is subject to fees in accordance with the subscription plan selected in the Price List.

VAT invoices are issued in electronic form. The payment term is 14 days from the date of invoice issuance. Acceptance of the Terms constitutes consent to sending invoices electronically without the recipient's signature.

In the event of failure to make payment by the due date, the Provider shall send the Client a payment reminder (via e-mail) setting an additional deadline of 7 days.

In the absence of payment within the additional deadline, the agreement may be terminated with immediate effect, and access to the functionality of processing new documents will be blocked (subject to the provisions of Chapter VII regarding access to data).

Fees paid by the Client for billing periods preceding the Account blocking are non-refundable.

V. LIABILITY

The Provider's liability towards the Client for non-performance or improper performance of the agreement is, pursuant to Art. 473 § 2 of the Polish Civil Code, limited exclusively to damages caused by willful misconduct (intent). Liability for unintentional fault (negligence) is excluded.

The Provider's liability for lost profits (lucrum cessans) and indirect damages of the Client is completely excluded.

The Provider's total, aggregate liability for damages on any legal basis (including contractual and tortious) towards the Client is limited to the amount of the total net fees paid by the Client for the Service during the 6 (six) months preceding the submission of the claim.

The Client bears sole responsibility for the content, data, and files uploaded to Dokum.ai. In the event of any claims being made against the Provider by third parties in connection with data entered by the Client, the Client undertakes to indemnify and hold the Provider harmless (including release from debt), intervene in the case in place of the Provider, and cover all costs incurred by the Provider.

The Provider undertakes to exercise due diligence regarding backups. Subject to the above, the Provider is not liable for the loss of Client data, unless the damage was caused by the Provider's willful misconduct.

The Provider is not liable for interruptions in access to the Service caused by Force Majeure or maintenance work.

VI. INTELLECTUAL PROPERTY AND CONTENT

All economic copyrights to the Dokum.ai service, source code, interface, and documentation belong exclusively to the Provider. The Agreement does not transfer any copyrights to the Client but only constitutes a license for the temporary use of the Service in the SaaS model.

The Client retains full rights to the data and documents uploaded to the Service.

The Client grants the Provider a non-exclusive, royalty-free license to store, copy, and process the entered data solely for the purpose and to the extent necessary for the proper provision of the Service.

The Client declares that they possess the appropriate rights to all files uploaded to Dokum.ai and that their processing does not violate the law or the rights of third parties.

Prohibition of High-Risk Systems: It is forbidden to use the Service for purposes classified as High-Risk AI Systems (High-Risk AI) in accordance with Annex III to the AI Act, in particular for: automatic assessment of the creditworthiness of natural persons, profiling of candidates in recruitment processes without human oversight, and making automated decisions producing legal effects concerning natural persons.

Training Data Protection and Anonymization:

The Provider declares that data, document content, and files entered by the Client into the Service are not used for training, fine-tuning, or improving the Provider's or third parties' (including foundation model providers) Artificial Intelligence algorithms.

An exception applies where the Client gives separate, voluntary, and explicit consent via the appropriate functionality in the Account panel (opt-in). In the event of such consent, the Provider undertakes that before using any data in the Machine Learning process, such data will undergo a process of permanent and irreversible anonymization. This anonymization consists of removing all features allowing for the identification of natural persons (in accordance with GDPR) and removing sensitive data and information constituting the Client's trade secrets, so that such data becomes statistical data that cannot be linked to the Client.

VII. TERMINATION AND PROVIDER SWITCHING (DATA ACT)

Each party may terminate the agreement with the notice period provided for in the selected subscription plan, effective at the end of the billing period.

The Provider reserves the right to terminate the agreement with immediate effect in the event of a gross violation of the Terms by the Client or the use of the Service for illegal purposes.

Right to Switch Providers: In fulfillment of the obligations arising from Regulation (EU) 2023/2854 (Data Act), the Provider ensures the Client's right to efficiently switch the provider of data processing services.

Transition Period: In the event of termination of the Agreement, upon the Client's explicit request made before the expiry of the notice period, the Provider shall ensure a paid Transition Period lasting a maximum of 30 calendar days from the date of Agreement expiration.

During the Transition Period:

a) Access to the Service's functionalities may be limited to tools necessary for data export;

b) The Provider will enable the Client to download data in a commonly used, open, machine-readable format (in accordance with the interoperability specification available on the Website);

c) The Provider will not impose technical barriers preventing migration.

Costs: Until January 12, 2027, the Provider may charge a fee for assistance in the switching process, not exceeding the direct costs incurred by the Provider. From January 12, 2027, this procedure is free of charge (excluding standard subscription fees for the period of using the service).

After the end of the Transition Period (or after the expiry of the notice period in the absence of a migration request), the Provider will permanently and irreversibly delete the Client's data from the servers within 30 days, unless the law requires their further retention.

VIII. COMPLAINT PROCEDURE

All complaints regarding the operation of the Service should be submitted electronically to the address:.

The complaint notification should contain: the Client's identification data (Account name), a description of the error found, and screenshots documenting the problem.

The Provider shall consider the complaint within 14 days of its receipt. The response will be sent to the e-mail address assigned to the Client's Account.

IX. PERSONAL DATA PROTECTION (GDPR)

The Controller of the Client's personal data (Account data) is the Provider. The rules for processing this data are set out in the Privacy Policy.

To the extent that the Provider processes personal data contained in documents uploaded by the Client to the Service, the Provider acts as a Processor.

Detailed rules for entrusting data processing are regulated by the Data Processing Agreement (DPA), constituting Annex No. 1 to these Terms. Acceptance of the Terms is equivalent to the conclusion of the Data Processing Agreement.

X. SEVERABILITY CLAUSE

If any provision of these Terms turns out to be invalid or ineffective by operation of law, this shall not affect the validity and effectiveness of the remaining provisions of the Terms.

In place of the invalid provision, the appropriate provisions of the Civil Code and other acts shall apply, interpreted in a way closest to the economic purpose defined in the invalid provision.

XI. FINAL PROVISIONS

The law applicable to obligations arising from these Terms is the law of the Republic of Poland.

All disputes arising from these Terms shall be resolved by the common court having local jurisdiction over the Provider's registered office.

In the event of any discrepancies between the Polish language version and other language versions of these Terms, the Polish version shall prevail.

The Provider reserves the right to amend the Terms. The Client will be informed of changes via e-mail at least 14 days before they enter into force. Continued use of the Service after the amendments enter into force means their full acceptance.