Terms of use of the TenTermin platform, rights to the software and trademarks, and rules of liability and data processing.
The Service is a product under active development. The Operator regularly adds, changes and improves features; some of them may also be limited, suspended or withdrawn, and the Service may experience errors and interruptions. The Client acknowledges this character of the Service when concluding the Agreement.
The Operator does not conceal this from the Client and attaches concrete obligations to it, rather than a mere disclaimer: the rules on notifying changes, the notice periods and the settlement of the fee for any unused period are set out in Section 7. The Client bears no financial consequences of the Operator's decision to suspend or withdraw the Service.
The Service is primarily addressed to entrepreneurs using it within their business activity. The Operator is not a party to any agreement between the Client and its End Users.
Where the Client is a consumer or a sole trader for whom the Agreement is not of a professional character (an entrepreneur with consumer rights), that Client enjoys the protection of Polish consumer law to the extent following from Art. 7aa of the Consumer Rights Act (right of withdrawal from a distance contract, warranty, contracts for the supply of digital content and services) and from Art. 385(5) of the Polish Civil Code (protection against unfair contract terms), in particular:
Using the Service requires: a device with internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail account; for the mobile app - a device running a supported version of Android or iOS. The Operator is not responsible for difficulties resulting from failure to meet these requirements.
Use of the Service requires an account. The Client is responsible for the confidentiality of credentials and for actions performed via the account, and undertakes to provide truthful data. The Operator recommends enabling two-factor authentication (2FA) or a security key.
It is prohibited to: act to the detriment of the Platform or other users; attempt unauthorized access, reverse engineering or bypassing security; upload unlawful content; or use the Service contrary to law or these Terms.
Currency and tax. All settlements are made exclusively in Polish zloty (PLN). Prices shown on the Platform and in the price list are gross prices and include VAT at 23%; the currency and the tax information are stated next to every item. The Operator does not settle in any other currency and does not accept payment in another currency.
The scope and amount of fees result from the price list / order. Payments are processed by the external payment provider Paynow - the online payment system of mBank S.A., technically operated by mElements S.A. (a company of the mBank Group) - under the payment provider's own terms available on its website. The payment provider is the payment service provider and an independent controller of payment-instrument data. Complaints regarding the payment transaction itself (e.g. a card charge, a refund made by the provider, gateway operation) should be addressed to the payment provider; complaints regarding the Service - to the Operator under Section 12.
Subscription fees are recurring and charged in advance for successive billing periods, on a per-seat basis, with automatic renewal for the next period unless the Client cancels before it begins. The Operator may change the price list with prior notice via the Platform or e-mail; the change applies from the next billing period. Cancellation takes effect at the end of the paid period - the Client retains access until then.
Turnover fee. In addition to the subscription fee, the Operator charges a turnover fee based on the value of bookings settled through the Platform in a given billing period. The fee increases in steps as turnover grows, according to the thresholds set out in the price list, and is subject to an upper limit (cap) - once reached, it does not increase further regardless of any further growth in turnover. The amount charged for the current period is visible in the Client panel before the invoice is issued. For individually priced plans the cap is set in the order.
Refunds and withdrawal. A Client who is a consumer or an entrepreneur with consumer rights may withdraw from the Agreement within 14 days of its conclusion, without giving a reason and without incurring costs, on the terms described in Section 3. Fees paid are refunded promptly and no later than within 14 days of receipt of the withdrawal statement, using the same payment channel used for payment, unless the Client expressly agrees to another method. Where the Client requested that provision begin before that period ended, the Operator withholds an amount proportionate to the scope of the service performed until withdrawal (Art. 35 of the Consumer Rights Act).
Apart from withdrawal, the fee for a commenced billing period is not refunded for the unused part - the Client retains access to the Service until the end of the paid period. If the Operator discontinues the Service or permanently limits a material feature before the end of the paid period, the Client is entitled to a refund of the fee for the unused part of the period, in proportion to the number of remaining days. Refunds following an upheld complaint are governed by Section 12. Complaints regarding the payment transaction itself are handled by the payment provider.
When the Service starts. The Client's account is created upon registration and is available immediately, before any payment is made - the Client can configure the salon and accept bookings straight away. The Agreement is concluded once registration is confirmed; confirmation of the terms is provided on a durable medium by e-mail.
Free trial period. Every new account receives the "Start" plan - free for 14 days from registration. The Start plan covers one location and core booking features and does not include the sending of SMS messages - SMS delivery, higher plans and add-on modules are paid services available once a subscription is purchased. During the trial period the Operator charges no fees and does not require payment-card details.
The trial does not convert automatically into a paid subscription. After 14 days the account is suspended: the salon stops being visible in search and in public booking. The Client's data is not deleted - it remains available once a plan is purchased, and the Client keeps access to the order screen in order to purchase one. A subscription begins only when the Client selects a plan and pays for the order.
First payment. Payment for the first billing period is made in the Client panel. Once the payment provider has settled it, access to all features of the purchased plan lasts for the whole paid period; settlement usually occurs within a few minutes of the provider confirming the transaction. Where the Client uses a free or promotional period, the first fee is charged after it ends.
Renewal. The subscription renews automatically for the next billing period unless the Client cancels before it begins. The Operator gives advance notice of the upcoming renewal and its amount by e-mail.
Failed payment. If a payment fails, the Operator retries the charge and notifies the Client. The Client retains full access to the Service for 14 days from the due date. After that period elapses without payment, the account is suspended: the salon stops being visible in search and in public booking, and panel sign-in is withheld. The Client's data is not deleted. Once the outstanding payment is settled, the account is reactivated automatically, with full access to the data.
Cancellation. The Client may cancel the Service at any time, without contacting the Operator and without a notice period, in the Client panel. Cancellation takes effect at the end of the paid billing period. Refund rules are set out in Section 6.
Given the developmental nature of the project (Section 2), the Operator may suspend, limit or permanently discontinue the Service, in whole or in part. The rules below bind the Operator towards every Client.
Notice. The Operator gives notice of permanent discontinuation of the Service by e-mail and in the Client panel at least 30 days in advance. For the withdrawal or material limitation of a single feature - at least 14 days in advance. A shorter period is permissible only where immediate action is necessary for security or legal reasons or because of a failure, in which case the Operator notifies without delay, stating the reason.
Settlement of the unused period. If the Operator suspends or discontinues the Service before the end of a paid billing period, or permanently withdraws a feature material to the way the Client uses the Service, the Client is entitled to a refund of the fee for the unused part of the period. The refund is calculated proportionally: fee for the period × (days remaining until the end of the period ÷ days in the period), counted from the day of suspension or discontinuation. The refund is made promptly and no later than within 14 days, using the same payment channel used for payment. No request from the Client is required - the Operator makes the refund on its own initiative.
Client data. For at least 30 days from the discontinuation of the Service the Client retains the ability to download their data (clients, appointments, settlements) in a format fit for further use. The Operator does not delete the data before that period elapses.
What this does not cover. The rules above concern decisions of the Operator. They do not apply to the suspension of an account for reasons attributable to the Client (payment arrears - Section 6a, material breach of the Terms - Section 13, expiry of the free trial), nor to the short technical interruptions described in Section 8.
The Service is provided "as is" and "as available", without a guarantee of continuity, availability (no SLA) or fitness for a particular purpose. To the fullest extent permitted by law, the Operator is not liable for the loss, damage or unavailability of data resulting from failures of the application, infrastructure, server, third parties or force majeure. The Client should keep its own backups of key data.
Notifications (e-mail, SMS, push) are delivered via third-party providers (including SMSAPI / LINK Mobility sp. z o.o. for SMS and Google Firebase Cloud Messaging for push). The Operator does not guarantee the delivery or timeliness of SMS/push notifications, which depend on telecom carriers and mobile-platform providers. Data-processing details: Privacy Policy and Data Processing Agreement.
SMS messages and sender name. The subscription plan includes a defined allowance of SMS messages sent by the Platform; messages sent beyond that allowance are additionally payable per the price list and added to the invoice for the relevant billing period. By default SMS messages are sent from the sender name "TenTermin"; the Client may request a custom sender name - free on plans that include it, otherwise payable per the price list (PLN 15 net per month). Changing an already assigned name is subject to a one-off fee per the price list (PLN 49 net) and is performed by the Operator. The Client is responsible for the content of, and the right to use, the sender name, which must meet the SMS-gateway provider's requirements and is subject to its verification.
Scope of application. The limitations and exclusions in sections 9 and 9a apply in full to Clients who are businesses and for whom the Agreement is of a professional character. Towards a consumer and towards a sole trader benefiting from consumer protection (Article 7aa of the Polish Consumer Rights Act) they apply only within the limits permitted by mandatory law; a provision that would be unfair in such a relationship does not bind that person, and the remainder of the Agreement remains in force.
Exclusion of consequential damage. To the fullest extent permitted by law, the Operator's liability is excluded for indirect and consequential damage, lost profits (lucrum cessans), loss of data, loss of revenue, loss of contracts or goodwill, the cost of procuring substitute services and the cost of downtime.
Liability cap. The Operator's total aggregate liability under and in connection with the Agreement - regardless of the legal basis (contract, tort, statutory warranty, unjust enrichment) and regardless of the number of events - is limited to the subscription fees actually paid by the Client in the 12 months preceding the event giving rise to the damage. Fees for SMS bundles and other separately billed services are not included in that basis. During any free period (trial, free plan, test access, pre-release versions) that basis equals zero, and the Operator's liability is limited to cases in which it cannot be excluded.
What cannot be excluded. The above neither excludes nor limits liability: for damage caused intentionally (Article 473 § 2 of the Polish Civil Code); for personal injury; under the statutory warranty and the conformity of digital content with the contract towards a consumer and a sole trader benefiting from consumer protection (Chapter 5b of the Consumer Rights Act); arising under Article 82 GDPR towards data subjects; nor in any other case where mandatory law does not permit it. The allocation of liability between the Parties for a personal data breach is governed by the data processing agreement.
Role of the Operator. The Operator provides only the tool (the Platform) and is not a party to the services rendered by the Client to its End Users. The Operator is not liable for those services (including their quality, cancellations, no-shows, prices, settlements and refunds towards End Users) or for the content and data entered by the Client or its staff.
Reporting issues. The Client should report an issue to the Operator promptly after discovering it, describing the event in a way that allows it to be reproduced. Failure to report does not deprive the Client of a claim (limitation periods cannot be shortened by contract - Article 119 of the Polish Civil Code), but it may affect the assessment of the extent of the damage and of contributory conduct.
The list below defines the scope of the service. It neither extends nor creates the Operator's liability beyond section 9; it identifies areas outside the scope of the Service, for which the Client or a third party is responsible. Towards a consumer and a sole trader benefiting from consumer protection it applies subject to the reservation in section 9 ("Scope of application").
1. Third-party services. The Platform depends on providers beyond the Operator's control: the payment operator, the SMS gateway, e-mail and push notification providers, telecommunications operators, the hosting provider, external sign-in providers and public administration systems. The Operator is not liable for their unavailability, delays, interface changes, price changes or discontinuation, nor for the consequences of such events for the Client.
2. KSeF and tax obligations. The KSeF module is a technical tool. Connecting to the National e-Invoicing System, generating and maintaining one's own token or certificate, granting permissions in the Ministry of Finance system and compliance with tax obligations rest solely with the Client. The Operator is neither a tax adviser nor an accounting firm, does not verify the substantive correctness of documents, and is not liable for the availability or behaviour of Ministry of Finance systems, for the content of documents retrieved from KSeF, for the tax classification of events, for statutory deadlines or for the effects of changes in legislation. Reports and summaries in the Platform are auxiliary and require verification by the Client or its accountant.
3. The Client's data, content and consents. The Operator is not liable for the accuracy, lawfulness or currency of data entered by the Client and its staff, including the legal bases for processing End Users' data and consents to marketing communication (SMS, e-mail, push). Obtaining, documenting and honouring the withdrawal of such consents is the Client's obligation as the data controller. The Operator provides consent and opt-out mechanisms but does not assess whether the Client uses them lawfully.
4. Organisational and business outcomes. The Operator guarantees no economic result: no number of bookings, revenue, schedule utilisation, client retention or campaign effectiveness. It is not liable for End Users' no-shows and cancellations, for the schedule, price list, service and staff permission configuration made by the Client, or for decisions taken on the basis of data from the Platform.
5. The Client's environment. The Operator is not liable for hardware, operating systems, browsers, internet connections, mobile device settings, blocking software, spam filters and mail server rules of the Client and of End Users, including non-delivery of messages for those reasons.
6. Security on the Client's side. The Operator is not liable for the consequences of sharing a login or password with third parties, using shared accounts, declining two-factor authentication, leaving access with a former employee, or the actions of persons to whom the Client granted permissions in the Platform. Configuring staff permissions is the Client's responsibility.
7. Features under development. Features marked in the Platform or in communications as test, pre-release or available under a pilot programme are provided "as is". The Operator may change or withdraw them, and their output requires verification by the Client.
8. Force majeure. The Operator is not liable for non-performance or improper performance caused by force majeure, including backbone infrastructure or data centre failure, a large-scale cyberattack, an interruption in the supply of power or connectivity, an act of public authority, a state of emergency, an epidemic, armed conflict or a strike. For as long as the impediment persists, performance deadlines are suspended.
9. Indemnity (applies solely to Clients who are businesses and for whom the Agreement is of a professional character). If a third party, including an End User or an authority, brings a claim against the Operator arising from the Client's use of the Platform, from content and data entered by the Client, from the absence of required consents or from services rendered by the Client, the Client shall indemnify the Operator against that liability and cover reasonable costs of defence. The Operator shall promptly notify the Client of the claim, allow the Client to take part in the matter and shall not admit the claim without the Client's consent. This paragraph does not apply to consumers or to sole traders benefiting from consumer protection.
All rights to the software, its source and object code, interface, databases and documentation, as well as the TenTermin™ trademark and logo, belong to the Operator (Bartecki Group sp. z o.o.); the software was produced for the Operator by the EVO-CODE® studio. The Agreement does not transfer any of these rights to the Client - the Client receives only a non-exclusive, non-transferable licence to use the Service for the term of the Agreement. Any copying, reproduction, decompilation, modification, distribution or commercial use without prior written consent is prohibited.
In respect of the personal data of its End Users, the Client is the controller, and the Operator acts as a processor on the Client's behalf, under data processing terms (a data processing agreement) that form an integral part of the Agreement. The Operator processes data only on documented instructions, applies appropriate security measures and supports the Client in fulfilling data-subject requests (including the right to be forgotten via anonymization), while observing accountability and statutory retention obligations. Details: Privacy Policy and Data Processing Agreement.
Complaints regarding the Service may be submitted to: kontakt@tentermin.pl. A complaint should contain at least: the Client's identifier (account login or e-mail), a description of the problem and the date and circumstances of its occurrence. The Operator examines complaints without undue delay, no later than within 14 days of receipt, and informs the Client of the outcome by e-mail. Matters not regulated herein are governed by the Polish Civil Code.
The Agreement is concluded for the period of using the Service. Each party may terminate it on the terms set out in the price list / order. The Operator may terminate or block access in the event of a material breach of these Terms.
The Operator may amend these Terms for important reasons (legal, technical, business). Material changes will be communicated in advance via the Platform or e-mail. Continued use after the effective date constitutes acceptance.
These Terms are governed by Polish law. Disputes with a Client who is a business and for whom the Agreement is of a professional character shall be resolved by the court competent for the Operator's registered office. The clause on court jurisdiction does not apply to a consumer or to a sole trader benefiting from consumer protection; in such cases jurisdiction follows the Polish Code of Civil Procedure. A consumer may use out-of-court complaint and redress procedures, including the European Commission's ODR platform.
If any provision is found invalid, the remaining provisions remain in force. The binding language version is Polish.