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Terms of Service

Version 1.0 | Effective Date: 12 March 2026

§ 1. General Provisions

  1. These Terms of Service set forth the rules and conditions for the use of the BetterCX platform available at https://app.bettercx.ai (hereinafter: the "Platform"), constituting the terms of service for the provision of services by electronic means within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text: Journal of Laws of 2024, item 1513).
  2. The service provider and operator of the Platform is AppWave Sp. z o.o. with its registered office in Łódź, ul. Kolumny 147E/1, 93-611 Łódź, entered in the Register of Entrepreneurs of the National Court Register under number KRS 0001193213, Tax Identification Number (NIP): 9820394623, Statistical Number (REGON): 542683999 (hereinafter: the "Service Provider" or "AppWave").
  3. The Platform is intended exclusively for entrepreneurs within the meaning of Article 43¹ of the Civil Code (hereinafter: the "User" or "Users"). The Platform is not directed at consumers.
  4. Prior to commencing use of the Platform, the User is obliged to familiarise themselves with the content of these Terms of Service. Registration of an account on the Platform shall be deemed equivalent to acceptance of these Terms of Service.
  5. These Terms of Service are made available free of charge, in a manner enabling their download, storage and printing.

§ 2. Definitions

The terms used in these Terms of Service shall have the following meanings:

  • Platform – the BetterCX web application available at https://app.bettercx.ai/, enabling the automation of customer communication using artificial intelligence;
  • User – an entrepreneur who has registered an Account on the Platform and accepted these Terms of Service;
  • Account – the User's individual profile on the Platform, secured by a login and password, enabling the use of the Platform's functionalities;
  • End User – a natural person who is a client or potential client of the User, communicating through channels operated by the Platform;
  • Service / Services – services provided by electronic means by the Service Provider to the User through the Platform;
  • AI / AI System – an artificial intelligence system based on language models provided by OpenAI, used within the Platform for text analysis, response generation and communication automation;
  • Billing Period – the period for which the User pays for the use of the Platform (monthly or annual);
  • Integration – a connection of the Platform with an external service or application (e.g. email, social media, e-commerce platforms, calendars);
  • Price List – the current schedule of fees for the Services, available on the Platform's website;
  • Terms of Service – these terms of service for the provision of services by electronic means;
  • DPA – the Data Processing Agreement constituting an integral part of these Terms of Service;
  • Privacy Policy – a document setting forth the rules for the processing of personal data in connection with the use of the Platform.

§ 3. Type and Scope of Services

  1. The Service Provider provides the following Services through the Platform:
    • maintaining the User Account;
    • providing an AI System for the automation of communication with the User's customers (website chat, email, social media, messengers);
    • automatic reading of incoming messages, generation and sending of responses using AI;
    • collecting and storing contact data of End Users provided in the course of communication with the AI;
    • integration with external platforms: email (Outlook, Gmail, SMTP/IMAP), social media (Instagram, WhatsApp, Facebook Messenger), e-commerce platforms (Shopify, WooCommerce, PrestaShop), calendars (Google Calendar, Outlook Calendar);
    • processing of payments and prepayments for calendar bookings through Stripe Connect;
    • notifying the User via SMS about acquired potential clients.
  2. The detailed scope of functionalities available under individual subscription plans is set forth in the Price List.
  3. The Service Provider reserves the right to expand the scope of Services and add new Integrations. The Service Provider shall notify Users of material changes with at least 14 days' prior notice.
  4. The Service Provider does not guarantee that the User will achieve any particular business results in connection with the use of the Platform and the AI System.

§ 4. Technical Requirements

  1. The use of the Platform requires the following technical requirements to be met:
    • a device with Internet access;
    • an up-to-date web browser (Chrome, Firefox, Safari, Edge) with JavaScript and cookies enabled;
    • an active email account;
    • an active mobile phone number (for account verification via SMS code).
  2. The Service Provider shall not be liable for technical problems resulting from the User's failure to meet the technical requirements or from the operation of the Internet, Internet service providers or the User's equipment.
  3. In order to use Integrations, the User must hold active accounts with the respective external services and have the authority to connect them with the Platform.

§ 5. Registration and User Account

  1. Account registration requires the provision of: first name, surname, email address, phone number and password.
  2. Account activation shall take place upon verification of the phone number by means of an SMS code sent by the Service Provider.
  3. Upon Account activation, a contract for the provision of Services by electronic means shall be concluded between the User and the Service Provider on the terms set forth in these Terms of Service.
  4. The User undertakes to provide truthful, current and complete data during registration, and to update such data in the event of any changes.
  5. The User is responsible for maintaining the confidentiality of Account access credentials (login, password) and shall bear full responsibility for all actions taken through their Account.
  6. The User shall immediately notify the Service Provider of any instance of unauthorised access to the Account or any suspected security breach.
  7. The Account is assigned to a single User and may not be transferred to other entities without the prior written consent of the Service Provider.

§ 6. Rules for the Use of the Platform and the AI System

  1. The User shall use the Platform in accordance with its intended purpose, these Terms of Service, applicable law and the principles of social coexistence.
  2. The User undertakes in particular to:
    • refrain from providing content of an unlawful nature within the meaning of Article 8(3)(2)(b) of the Act on the Provision of Services by Electronic Means;
    • configure the AI System in compliance with applicable law, in particular with the GDPR and the AI Act;
    • inform their End Users that communication is conducted using an artificial intelligence system, in accordance with Article 50 of Regulation (EU) 2024/1689 (AI Act);
    • have a valid legal basis for the processing of End Users' personal data;
    • fulfil the information obligations toward End Users arising from Articles 13 and 14 of the GDPR;
    • refrain from processing special categories of personal data (Article 9 GDPR) through the Platform without a valid legal basis;
    • refrain from using the Platform for purposes contrary to law, including spam, phishing, fraud or activities infringing the rights of third parties; refrain from attempting to circumvent the Platform's technical safeguards, reverse engineering, decompiling or disassembling the software.
  3. The User shall bear full responsibility for the configuration of the AI System, the content of generated responses to the extent that they result from the User's configuration, and for the compliance of the use of the Platform with applicable law.
  4. The Service Provider reserves the right to suspend or block the Account of a User who violates these Terms of Service, subject to prior notice to cease the violations, except in cases of gross violations, in which the blocking may take effect immediately.

§ 7. Artificial Intelligence – Information and Limitations

  1. The Platform uses artificial intelligence models provided by OpenAI, L.L.C. (San Francisco, USA) through its API interface.
  2. In accordance with OpenAI's declarations, data transmitted through the API is not used for AI model training. Input and output data may be stored in OpenAI logs for up to 30 days for the purpose of abuse monitoring.
  3. Content generated by the AI System is of an auxiliary nature and may contain errors or inaccuracies. The Service Provider does not guarantee the correctness, completeness or usefulness of content generated by the AI.
  4. The User is responsible for verifying content generated by the AI System before using it in communication with End Users, particularly in matters that may have legal consequences.
  5. The Service Provider shall not be liable for business decisions made by the User or End Users on the basis of content generated by the AI System.
  6. The Service Provider shall use reasonable efforts to ensure that the AI System operates continuously and reliably; however, it does not guarantee the uninterrupted availability of the AI System, which is dependent on the infrastructure and availability of OpenAI's services.

§ 8. Integration with External Services

  1. The Platform enables integration with the external services listed in § 3(1) of these Terms of Service. The list of available Integrations may be expanded by the Service Provider.
  2. The use of Integrations requires the User's authorisation and the granting of appropriate access permissions to the connected services.
  3. Within the scope of Integrations, the AI System may read incoming messages, automatically generate responses and send them on behalf of the User.
  4. The Service Provider shall not be liable for the operation of external services, their availability, changes to their APIs or policies. Interruptions in the operation of external services may affect the availability of individual functionalities of the Platform.
  5. The User shall use Integrations in accordance with the terms of service of the respective external services and shall be responsible for compliance therewith.

§ 9. Fees and Payments

  1. The use of the Platform's Services is subject to a fee, in accordance with the current Price List available on the Platform's website. The Price List constitutes an integral part of these Terms of Service.
  2. Fees are charged in advance for the selected Billing Period (monthly or annual).
  3. Payments are processed through Stripe, Inc. By making a payment, the User accepts the terms of use of Stripe's services.
  4. The Service Provider also uses Stripe Connect, which enables the collection of prepayments from End Users on behalf of the User, in connection with bookings made through the calendar operated by the Platform.
  5. Payment data (payment card details) is processed directly by Stripe. The Service Provider does not store or have access to the full payment card details of Users.
  6. The Service Provider reserves the right to change the Price List. The Service Provider shall notify Users of any such change with at least 30 days' prior notice before the commencement of a new Billing Period. Failure to accept the new Price List shall entitle the User to terminate the contract with effect at the end of the current Billing Period.
  7. VAT invoices shall be issued in electronic form and made available in the User's dashboard. The User consents to receiving invoices in electronic form.
  8. The Platform may offer a free trial period ("trial") lasting 7 days. Upon expiry of the trial period, continued use of the Services requires the purchase of an appropriate plan in accordance with the current Price List.
  9. In the event of an unsuccessful attempt to charge the fee for the Services, the system shall make up to four retry attempts to charge the payment method within 7 days. In the event that payment is not successfully collected within this period, the User's account may be temporarily suspended until the outstanding balance is settled.

§ 10. Licence and Intellectual Property Rights

  1. The Service Provider grants the User a non-exclusive, non-transferable, non-sublicensable licence to use the Platform to the extent necessary for the use of the Services, for the duration of the contract.
  2. All intellectual property rights in the Platform, including the software, interface, documentation, trademarks and graphical elements, vest in the Service Provider or its licensors.
  3. The User does not acquire any intellectual property rights in the Platform other than the rights expressly set forth in these Terms of Service.
  4. Content and data entered into the Platform by the User shall remain the User's property. The Service Provider does not acquire any rights to the User's content, except for a limited right to process it for the purpose of providing the Services.
  5. The Service Provider does not use Users' data and content to train its own AI models or for any purposes other than the provision of the Services.

§ 11. Platform Availability and SLA

  1. The Service Provider shall use reasonable efforts to ensure the uninterrupted availability of the Platform, subject to planned maintenance windows.
  2. The Service Provider reserves the right to temporarily restrict the availability of the Platform for the purpose of carrying out maintenance work, updates or resolving outages. The Service Provider shall notify Users of planned interruptions with reasonable prior notice where possible.
  3. The Service Provider shall not be liable for interruptions to the operation of the Platform caused by force majeure, failures of third-party infrastructure (including AWS, OpenAI, Stripe) or other circumstances beyond the Service Provider's control.

§ 12. Personal Data Protection

  1. The rules for the processing of personal data in connection with the use of the Platform are set forth in the Privacy Policy available on the Platform's website.
  2. The Service Provider processes Users' personal data as their controller within the meaning of the GDPR.
  3. With respect to End Users' personal data, the Service Provider acts as a processor on behalf of the User. The terms of the data processing entrustment are set forth in the DPA, which constitutes an integral part of these Terms of Service.
  4. The User, as the controller of their customers' data, shall bear full responsibility for the compliance of the processing of End Users' data with the GDPR and other applicable regulations.

§ 13. Liability of the Service Provider

  1. The Service Provider shall be liable for the improper performance of the Services in accordance with the rules set forth in applicable law, subject to the limitations arising from these Terms of Service.
  2. The Service Provider shall not be liable for:
    • content generated by the AI System, including its correctness, completeness and usefulness;
    • business decisions of the User made on the basis of content generated by the AI;
    • the consequences of the configuration of the AI System carried out by the User;
    • the operation or non-operation of external services (OpenAI, Stripe, e-commerce platforms, email, social media);
    • data loss caused by force majeure or circumstances beyond the Service Provider's control;
    • violations of law committed by the User through the Platform;
    • damages resulting from the User's failure to meet the technical requirements or from the inadequate protection of Account access credentials.
  3. To the extent permitted by applicable law, the total liability of the Service Provider towards the User for the improper performance of the Services in any given calendar year shall be limited to the amount of fees paid by the User for the Services in the 12 months preceding the event giving rise to the damage.
  4. The limitation of liability referred to in paragraph 3 shall not apply to damages caused intentionally.

§ 14. Liability of the User

  1. The User shall bear full responsibility for the manner in which they use the Platform, including the configuration of the AI System and the content communicated to End Users.
  2. The User undertakes to indemnify and hold harmless the Service Provider from and against any and all claims of third parties (including End Users) arising from the User's violation of applicable law, the rights of third parties or the provisions of these Terms of Service in connection with the use of the Platform (indemnification clause).
  3. The User shall be liable for damages caused to the Service Provider or third parties as a result of a breach of the provisions of these Terms of Service.

§ 15. Complaints

  1. The User shall have the right to file a complaint regarding the operation of the Platform or the Services.
  2. A complaint shall be submitted electronically to the following address: [email protected]
  3. A complaint should contain: the User's identification data, a description of the problem, the date on which the problem occurred and the expected resolution.
  4. The Service Provider shall process the complaint within 14 days of its receipt and shall inform the User of its resolution by electronic means.
  5. Where it is necessary to obtain additional information from the User, the time limit for processing the complaint shall be suspended until such information is received.

§ 16. Duration and Termination of the Contract

  1. The contract for the provision of the Services shall be concluded for an indefinite period upon the activation of the User Account.
  2. The User may terminate the contract at any time by deleting the Account in the Platform's settings panel or by sending a notice of termination to the Service Provider's email address. Termination shall take effect at the end of the current Billing Period.
  3. The Service Provider may terminate the contract with 30 days' notice, for important reasons, in particular in the event of:
    • discontinuation of the provision of Services through the Platform;
    • a material change in the scope or nature of the Services resulting from legal or technological changes.
  4. The Service Provider may terminate the contract with immediate effect in the event of:
    • a gross violation of these Terms of Service by the User;
    • use of the Platform for activities contrary to law;
    • failure to pay fees for a period exceeding 30 days despite a demand for payment.
  5. Fees paid for an unused Billing Period shall not be refundable, except in the case of termination of the contract for reasons attributable solely to the Service Provider.
  6. Following termination of the contract, the User's data and End Users' data shall be deleted in accordance with the Privacy Policy and the DPA (§ 12 of the DPA).

§ 17. Amendment of the Terms of Service

  1. The Service Provider reserves the right to amend these Terms of Service for important reasons, in particular in the event of:
    • changes in applicable laws affecting the provision of the Services;
    • changes in the scope or manner of the provision of the Services;
    • technological changes affecting the operation of the Platform;
    • the issuance of court rulings, decisions or guidelines by supervisory authorities.
  2. The Service Provider shall notify Users of any amendment to these Terms of Service by electronic means and through the Platform with at least 14 days' prior notice before the amendments enter into force.
  3. A User who does not accept the amendments to these Terms of Service shall have the right to terminate the contract before the amendments enter into force, without incurring additional costs, with effect at the end of the current Billing Period.
  4. Continued use of the Platform after the amended Terms of Service enter into force shall constitute acceptance thereof.

§ 18. Data Portability and the Data Act

  1. In accordance with Regulation (EU) 2023/2854 of the European Parliament and of the Council (Data Act), the User has the right to access data generated in connection with the use of the Platform and to have such data ported.
  2. Upon the User's request, the Service Provider shall make the data available in a commonly used, machine-readable format (e.g. CSV, JSON) within 30 days of receiving the request.
  3. The Service Provider does not apply contractual or technical barriers that impede the switching of cloud service providers, in accordance with the requirements of the Data Act.
  4. The Service Provider may charge a reasonable fee for activities related to data export if the scope of the request exceeds the standard export available in the User's dashboard.

§ 19. Cybersecurity

  1. The Service Provider implements and maintains technical and organisational measures ensuring the security of the Platform and the data processed through it, proportionate to the identified risks, taking into account the current state of technical knowledge, the costs of implementation and the nature, scope and purpose of the processing.
  2. The measures referred to in paragraph 1 include, in particular:
    • encryption of data in transit (TLS 1.2+) and at rest;
    • user authentication and access control based on the principle of least privilege;
    • regular testing, measurement and evaluation of the effectiveness of security measures;
    • monitoring and detection of security incidents;
    • incident response and documentation procedures;
    • ensuring business continuity and disaster recovery;
    • supply chain security management, including the verification of sub-processors and ICT service providers.
  3. The Service Provider declares that the security measures it applies take into account the requirements arising from Directive (EU) 2022/2555 of the European Parliament and of the Council (NIS 2) and the Act of 5 July 2018 on the National Cybersecurity System (consolidated text: Journal of Laws of 2025) together with its amendment implementing the NIS 2 Directive, to the extent applicable to the Service Provider as an ICT service provider.
  4. In the event of a security incident affecting the User's data or services, the Service Provider shall:
    • inform the User without undue delay, no later than within 48 hours of identifying the incident;
    • provide the User with information regarding the nature and scope of the incident, the remedial measures taken and recommendations for minimising the consequences;
    • cooperate with the User to the extent necessary for the User to fulfil its incident reporting obligations arising from the National Cybersecurity System Act, the GDPR or other applicable regulations.
  5. A User that is a key or important entity within the meaning of the National Cybersecurity System Act shall have the right to request from the Service Provider:
    • information necessary for conducting a supply chain risk assessment, in accordance with Article 21(2)(d) of the NIS 2 Directive;
    • access to documentation confirming the security measures applied (including certificates, audit reports, penetration test results – in anonymised form);
    • the possibility of conducting a security audit, no more frequently than once per calendar year, with 30 days' prior notice and at the User's expense.
  6. In lieu of permitting an on-site audit, the Service Provider may present the User with current security certificates, independent audit reports (e.g. SOC 2, ISO 27001) or other documents confirming compliance.
  7. The Service Provider undertakes not to use any ICT product, service or process from a supplier designated as a high-risk supplier (HRS) within the meaning of the National Cybersecurity System Act, to the extent that such supplier has been identified in a decision of the minister responsible for informatisation.
  8. The User acknowledges that the Service Provider uses infrastructure and services of third parties (including AWS, OpenAI, Stripe), the security levels of which the Service Provider monitors but for which it shall not bear liability beyond the selection of a supplier acting with due diligence.

§ 20. Force Majeure

  1. Neither Party shall be liable for the non-performance or improper performance of obligations arising from these Terms of Service if such non-performance or improper performance is a consequence of force majeure.
  2. Force majeure shall be understood as an external, extraordinary event that could not have been prevented, in particular: natural disasters, wars, states of emergency, pandemics, mass cyberattacks, failures of telecommunications or energy infrastructure.
  3. The Party affected by force majeure shall be obliged to promptly inform the other Party of the situation that has arisen and to take action to minimise the consequences of the event.

§ 21. Dispute Resolution

  1. The Parties shall endeavour to resolve amicably any disputes arising from these Terms of Service or related to the use of the Platform.
  2. In the event that an amicable resolution is not reached within 30 days of notification, the dispute shall be submitted to the competent common court having jurisdiction over the registered office of the Service Provider.
  3. The law applicable to these Terms of Service and the legal relationships arising from the use of the Platform shall be the law of the Republic of Poland.

§ 22. Final Provisions

  1. These Terms of Service shall enter into force on the date of their publication on the Platform's website.
  2. In matters not regulated by these Terms of Service, the provisions of Polish law shall apply, in particular the Civil Code, the Act on the Provision of Services by Electronic Means, the GDPR, the AI Act, the Data Act and the Act on the National Cybersecurity System.
  3. Should any provision of these Terms of Service be found invalid or ineffective, the remaining provisions shall remain in force. The Parties undertake to replace the invalid provision with a valid provision that is as close as possible to the purpose and meaning of the provision being replaced (severability clause).
  4. These Terms of Service have been drawn up in the Polish language. In the event of any discrepancy with a version in another language, the Polish version shall prevail.
  5. The following documents are appended to these Terms of Service:
    • Privacy Policy;
    • Data Processing Agreement (DPA);
    • Price List.

AppWave Sp. z o.o. | KRS 0001193213 | NIP 9820394623