Terms of Service

1. Introduction & Acceptance

These Terms of Service ("Terms") constitute a binding legal agreement between [Your Company Name/JDG Name] ("Provider," "we," or "us"), with its registered seat in Poland, and the entity or individual ("Client" or "you") accessing or using the RAG (Retrieval-Augmented Generation) infrastructure services (the "Service").

By subscribing to, accessing, or using the Service, the Client agrees to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Pilot Program & Service Nature

2.1. Pilot Status: The Client acknowledges that the Service is currently provided as part of a "Pilot" or "Design Partner" program. The Service is under active development and may be subject to changes, updates, or temporary unavailability.

2.2. No SLA: To maintain cost-efficiency during the Pilot phase, the Service is provided on a "best-effort" basis. The Provider does not offer a Service Level Agreement (SLA) regarding uptime, response times, or availability.

2.3. AI Nature: The Service utilizes probabilistic Artificial Intelligence and Large Language Models (LLMs). The Client acknowledges that AI models may generate incorrect, offensive, or "hallucinated" information. The Provider makes no warranties regarding the accuracy, completeness, or reliability of the output generated by the Service.

3. Client Obligations & Data Processing

3.1. Data Controller/Processor: The Client acts as the "Data Controller" and the Provider acts as the "Data Processor." The Provider processes data, URLs, and documents solely on the instructions of the Client.

3.2. Authority to Scrape: If the Client submits URLs, websites, or documents for crawling/parsing ("Input Data"), the Client represents and warrants that they have the legal right to access, scrape, and process such Input Data. The Provider claims no ownership over Input Data and stores it solely to facilitate the Client's use of the Service.

3.3. Prohibited Use: The Client shall not use the Service to:

• Bypass paywalls or access controls of third-party websites.
• Infringe upon the intellectual property rights of any third party.
• Process illegal content under EU or Polish law.

4. Usage Limits & Fair Use

4.1. Fair Use Policy: The Service is intended for typical business usage. The Provider reserves the right to throttle, limit, or temporarily suspend access if the Client's usage (including API requests, token consumption, or vector database operations) places an excessive burden on the infrastructure or indicates automated "bot" abuse.

4.2. Model Updates: The Provider reserves the right to update or change the underlying AI models (e.g., LLM providers) used to provide the Service at any time to maintain performance and cost-efficiency.

5. Fees & Payment

5.1. Pre-Payment: Services are billed on a subscription basis, payable in advance.

5.2. No Refunds: Payments are non-refundable. There are no refunds or credits for partially used periods or for service downtime.

5.3. Taxes: The Client is responsible for all applicable taxes. For EU B2B transactions, the Reverse Charge mechanism applies (VAT 0%).

6. Intellectual Property

6.1. Provider IP: The Provider retains all rights, title, and interest in and to the Service, including the underlying software, source code, infrastructure configurations, and API designs.

6.2. Feedback: If the Client provides feedback, feature requests, or suggestions, the Provider may use such feedback to improve the Service without any obligation or compensation to the Client. The Provider owns all improvements made to the Service.

7. Warranty Disclaimers

7.1. "AS IS": THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.2. Exclusion of Statutory Warranty: Pursuant to Art. 558 § 1 of the Polish Civil Code (Kodeks Cywilny), the parties explicitly exclude the Provider's liability under the statutory warranty for defects (rękojmia).

8. Limitation of Liability

8.1. Cap on Liability: To the maximum extent permitted by applicable law, the Provider's total cumulative liability arising out of or related to this Agreement shall not exceed the amount actually paid by the Client to the Provider during the one (1) month period immediately preceding the event giving rise to the claim.

8.2. No Consequential Damages: In no event shall the Provider be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data loss, business interruption, or third-party claims.

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Provider from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with: (a) The Client's access to or use of the Service; (b) The Client's violation of these Terms; (c) The Client's Input Data (including copyright infringement claims regarding scraped content).

10. Term & Termination

10.1. Termination: Either party may terminate the subscription at any time. The Service will continue until the end of the current paid billing cycle.

10.2. Effect of Termination: Upon termination, the Provider may delete the Client's Input Data and Vector Indices from its servers.

11. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland. Any disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts competent for the Provider's registered seat.