Terms of Service

§1. General Provisions

These Terms of Service (hereinafter: "Terms") define the rules and conditions for using services provided electronically by OFFDIGITAL Sp. z o.o. with its registered office in Warsaw, entered in the Register of Entrepreneurs of the National Court Register (hereinafter: "Service Provider"). The Terms constitute an integral part of the agreement concluded between the Service Provider and the Client or User. By accessing the Platform, creating an Account, completing a survey, or placing an order for services, you fully and unconditionally accept the provisions of these Terms. Persons who do not accept the Terms should immediately cease using the Platform. The Terms are made available free of charge on the offdigital.pl website in a manner allowing their download, storage, and printing.

§2. Definitions

Terms used in these Terms of Service mean:

• Service Provider — OFFDIGITAL Sp. z o.o. z siedzibą w Warszawie
• Service — a service provided electronically by OFFDIGITAL through the Platform, including in particular the provision of analytical tools for measuring employee wellbeing and burnout, generating aggregated reports, supporting anonymous feedback, and consulting on organizational wellbeing
• Client — a legal entity, organizational unit without legal personality, or natural person conducting business activity that has entered into an agreement with the Service Provider to use the Platform in a paid or free version for the purpose of assessing the wellbeing of employees or associates
• Participant / Respondent — a natural person, in particular an employee or associate of the Client, who completes surveys, tests, or questionnaires made available through the Platform, or submits anonymous feedback as part of the services provided by the Service Provider
• Platform — the web application available at offdigital.pl and related subdomains, enabling Clients to conduct employee wellbeing research, view aggregated and anonymized results, manage accounts, and use other functionalities provided by the Service Provider

§3. Scope of Services

The Service Provider provides comprehensive services in the measurement and improvement of employee wellbeing for companies and organizations. The scope of services includes in particular:

• Providing an analytical Platform for measuring burnout levels, digital wellbeing, and employee satisfaction using validated surveys and questionnaires
• Generating aggregated and anonymized reports from research results, including dashboards and data visualizations at the organization, department, and team level, subject to minimum respondent thresholds
• Providing implementation support, survey configuration, and client communication related to program launch and ongoing operations
• Consulting and substantive support in implementing wellbeing strategies and burnout prevention programs
• Providing application programming interfaces (API) and integration tools enabling connection of the Platform with the Client's HR systems, under conditions specified in separate technical documentation

§4. Platform Usage Terms

Using the Platform requires creating an Account through the registration form or via an invitation from an existing Client. The Service Provider reserves the right to refuse registration or suspend an Account without providing reasons. The Client is responsible for maintaining the confidentiality of login credentials and bears full responsibility for all actions taken using their Account. The Service Provider shall not be liable for damages resulting from unauthorized access to the Account if such access occurred due to the Client's negligence in protecting login credentials.

The Platform is provided in a SaaS (Software as a Service) model. The Service Provider provides access to the Platform through a web browser without the need to install additional software. The Service Provider reserves the right to perform maintenance work, updates, and Platform modernization, which may result in temporary unavailability of services. The Service Provider will make efforts to schedule planned maintenance windows outside peak hours and communicate them in advance, but does not guarantee uninterrupted and error-free Platform availability.

§5. Free and Paid Versions

The Platform is available in two variants: a free version (Free) and a paid version (Pro/Enterprise). Clients using the free version acknowledge and accept that:

• The free version is provided "AS IS," without any guarantee of availability, continuity of operation, accuracy of results, completeness of functionality, or fitness for a particular purpose. The Service Provider is not obligated to maintain the free version and may at any time limit, suspend, or discontinue its provision without prior notice and without any obligation to pay compensation or damages
• The free version is intended solely for evaluation, testing, and personal purposes. Processing personal data of employees, associates, or any third parties through the free version for production purposes (i.e., actual organizational research) is prohibited without prior execution of a Data Processing Agreement with the Service Provider
• The free version is not covered by any service level agreement (SLA). The Service Provider does not guarantee response times for support requests, availability of technical support, or a specific uptime level
• The total liability of the Service Provider toward Clients using the free version — for any reason whatsoever, including data protection breaches, software bugs, data loss, or service interruptions — is excluded to the fullest extent permitted by mandatory provisions of Polish law

§6. Payment Terms

Detailed payment terms for the paid version of the Platform and additional services are determined individually in the agreement with the Client or in the price list published on the website. The standard payment term is 14 days from the VAT invoice date, unless otherwise agreed in writing by the parties. In the subscription model, the Client authorizes the Service Provider to issue recurring invoices according to the schedule specified in the agreement. Failure to pay on time entitles the Service Provider to immediately suspend access to the Platform without prior demand. Suspension of access does not release the Client from the obligation to settle outstanding payments together with statutory interest for delay.

We accept bank transfer payments to the account indicated on the invoice and card payments through certified payment operators. Invoices are issued electronically and sent to the email address provided by the Client, to which the Client consents.

§7. Cancellation and Termination

Either party may terminate the agreement for the paid version of the Platform with 30 days' notice effective at the end of the billing period. Termination requires written or electronic form (email). The Service Provider may terminate the agreement with immediate effect and without compensation in the event of:

• Material breach of the Terms by the Client, including using the Platform in a manner inconsistent with its purpose, attempting to reidentify respondents, reverse engineering, or violating the Service Provider's intellectual property rights
• Payment delay exceeding 30 days despite prior demand for payment, or repeated payment delays (more than two delays within 12 months)
• Client actions threatening Platform security, the data integrity of other Clients, or the Service Provider's reputation — in particular attempts to gain unauthorized access to data, conducting denial-of-service attacks, or using the Platform for unlawful purposes

§8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY MANDATORY LAW: The total liability of the Service Provider toward the Client for any and all claims related to the use of the Platform and Services — including contractual liability, tort liability, strict liability, personal data protection breaches, software bugs, data loss or corruption, Platform downtime, report errors, or any other claims — shall not exceed the total amount of fees actually paid by the Client to the Service Provider in the 12 calendar months immediately preceding the event giving rise to the claim. For Clients using the free version, the total liability of the Service Provider for any and all claims is limited to the amount of PLN 100 (one hundred Polish zlotys).

The Service Provider shall in no event be liable for: (a) indirect, consequential, incidental, special, or punitive damages, including loss of profits, loss of data, loss of goodwill, downtime costs, substitute software costs, reputational damage, loss of business opportunities, third-party claims against the Client, deterioration of employee relations, increased staff turnover, or any other economic losses — even if the Service Provider has been advised of the possibility of such damages; (b) personnel, organizational, business, or any other decisions made by the Client based on data, reports, analyses, or recommendations generated by the Platform; (c) actions or omissions of the Client, Participants, or third parties, including Platform configuration errors, incorrect data interpretations, sharing login credentials with unauthorized persons; (d) force majeure events, including epidemics, pandemics, natural disasters, acts of terrorism, wars, strikes, telecommunications, power, or cyber infrastructure failures beyond the Service Provider's control; (e) failures, interruptions, or errors of external infrastructure providers (hosting, databases, CDN, SSL certificates, payment operators) over which the Service Provider does not exercise direct control; (f) hacking attacks, phishing, ransomware, DDoS, or other cybercriminal activities by third parties, provided that the Service Provider has applied due security measures adequate to the scale of operations.

§9. Data Protection, Anonymization, and Processing

The Platform employs mechanisms for anonymizing and aggregating respondent answers. Research results are presented to the Client exclusively in aggregated and anonymized form. Data is not displayed for segments where the number of respondents is below the minimum threshold set in the Platform configuration (default: 5 persons). The Service Provider notes that no information system guarantees absolute anonymity. In organizations with very small team sizes or specific demographic structures, full statistical anonymity may not be achievable despite the application of technical mechanisms. The Client is responsible for ensuring adequate respondent group sizes. The Service Provider processes respondents' personal data solely as a processor within the meaning of Article 28 GDPR, acting on documented instructions of the Client as the data controller. The Client as the controller is responsible for obtaining an appropriate legal basis for processing, informing respondents, and fulfilling their rights. Detailed processing conditions are set forth in the Data Processing Agreement (DPA), which constitutes a separate document. Processing employees' personal data through the Platform without prior execution of the DPA constitutes a violation of these Terms and is conducted at the Client's sole risk and liability.

The Client undertakes not to make any attempts to reidentify individual respondents based on aggregated results, metadata, response patterns, or in any other manner. The Client undertakes not to combine Platform results with other datasets for the purpose of identifying respondents' identities. Violation of this prohibition constitutes a material breach of the Terms entitling the Service Provider to immediately terminate the agreement and seek damages. The Service Provider reserves the right to use anonymized and aggregated data (devoid of any characteristics enabling identification of natural persons or Clients) for the purposes of: improving the Platform and algorithms, conducting scientific and statistical research, creating industry reports and benchmarks, and marketing activities.

§10. Intellectual Property

All intellectual property rights to the Platform, including source code, algorithms, research methodology, questionnaires, analytical models, user interface, documentation, trademarks, logos, content, and databases, are the exclusive property of the Service Provider or its licensors and are protected under Polish, EU, and international law. The Client receives a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform solely to the extent and under the conditions specified in these Terms and the agreement. The license expires automatically upon termination or expiry of the agreement. The following is prohibited: (a) copying, modifying, decompiling, disassembling, or reverse engineering any part of the Platform; (b) creating derivative works based on the Platform, its fragments, or methodology; (c) reselling, sublicensing, renting, or making the Platform available to third parties without the written consent of the Service Provider; (d) removing or modifying copyright notices, trademarks, or other intellectual property marks; (e) using access to the Platform for the purpose of creating or developing competing products or services; (f) automated data retrieval from the Platform (scraping), except for use of the provided API under conditions specified in the documentation.

§11. Disclaimer of Warranties and Medical Disclaimers

THE PLATFORM AND ALL SERVICES PROVIDED BY THE SERVICE PROVIDER ARE DELIVERED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ACCURACY, COMPLETENESS, OR RELIABILITY. The Service Provider does not guarantee that: (a) the Platform will operate uninterruptedly, error-free, and without defects; (b) results generated by the Platform will be accurate, complete, or reliable; (c) defects will be corrected within a specific timeframe; (d) the Platform will meet the Client's specific expectations or requirements. The Platform does not constitute a medical, psychological, or psychiatric diagnostic tool. Results of surveys, tests, and reports generated by the Platform are not and should not be treated as medical, psychological, or psychiatric diagnoses. The Service Provider is not a healthcare entity within the meaning of the Healthcare Activity Act. The Platform does not replace professional medical, psychological, or therapeutic assistance. All decisions regarding employee mental health should be made in consultation with qualified specialists. The Service Provider is not liable for health consequences resulting from interpretation of Platform results. The Platform is not intended for the processing of special categories of data within the meaning of Article 9 GDPR (including health data). Survey results constitute solely subjective respondent self-assessments of an indicative and statistical nature, not medical data. The Client acknowledges this and undertakes not to use Platform results as a basis for determining employees' health status.

§12. Client Obligations

The Client using the Platform undertakes to: (a) use the Platform in accordance with its purpose, these Terms, and applicable law; (b) provide true and current registration data and update it promptly in the event of changes; (c) ensure an appropriate legal basis for processing respondents' personal data and inform them about the research in accordance with GDPR requirements; (d) not provide or transmit through the Platform content that is unlawful, offensive, or infringes the rights of third parties; (e) not share login credentials with third parties and secure the account against unauthorized access; (f) not attempt to circumvent Platform technical safeguards, including minimum respondent thresholds; (g) promptly inform the Service Provider of any unauthorized access to the Account or suspected security breach; (h) make timely payments in accordance with the terms specified in the agreement (for the paid version); (i) observe the confidentiality of research results and not publish Platform data in a manner enabling identification of respondents.

§13. Force Majeure

The Service Provider shall not be liable for non-performance or improper performance of obligations under the Terms or the agreement if caused by force majeure circumstances, i.e., external, extraordinary, and unavoidable events, including but not limited to: natural disasters, epidemics, pandemics, wars, acts of terrorism, strikes, embargoes, power or telecommunications infrastructure failures, international-scale cyberattacks, changes in legislation, or decisions of public authorities preventing service provision. The force majeure period shall not be counted toward deadlines specified in the Terms or the agreement. The Service Provider shall inform the Client of the occurrence and cessation of force majeure circumstances without undue delay.

§14. Confidentiality

The parties undertake to maintain the confidentiality of all information obtained in connection with the conclusion and performance of the agreement that is not publicly available, in particular financial, technical, organizational data and information about business strategy. The confidentiality obligation applies without time limitation, unless the parties agree otherwise in writing. The confidentiality obligation does not apply to information that: (a) was publicly available at the time of its disclosure; (b) became publicly available without the fault of the party obligated to maintain confidentiality; (c) was independently developed by the receiving party; (d) must be disclosed under mandatory provisions of law or a final court decision.

§15. Client Indemnification

The Client undertakes to indemnify and hold harmless the Service Provider from any and all liability and to cover all costs, expenses, damages, and compensation (including reasonable legal fees) incurred by the Service Provider in connection with third-party claims (including respondents, Client's employees, supervisory authorities) arising from: (a) the Client's use of the Platform in violation of the Terms or applicable law; (b) lack of an appropriate legal basis for processing respondents' personal data; (c) lack of a valid Data Processing Agreement; (d) attempts to reidentify respondents or breach anonymization rules; (e) false representations or assurances made by the Client to respondents; (f) infringement of the Service Provider's intellectual property rights.

§16. Data Retention and Deletion

Upon termination or expiry of the agreement, the Service Provider retains Client data for a period of 30 calendar days from the date of agreement termination, to enable data download (export). After this period, Client data and respondent data will be permanently deleted from the Service Provider's systems, except for data that the Service Provider is required to retain under mandatory legal provisions (in particular tax and accounting regulations) and fully anonymized and aggregated data that do not constitute personal data. The Client is responsible for exporting their data before the expiry of the aforementioned period. The Service Provider shall not be liable for data loss after this deadline.

§17. Security and Incidents

The Service Provider implements and maintains technical and organizational security measures adequate to the risk associated with data processing, including data encryption in transit (TLS/SSL), access control, regular backups, and security monitoring. However, the Service Provider does not guarantee absolute security of information systems. In the event of a personal data breach that may pose a risk to the rights and freedoms of natural persons, the Service Provider as the processor shall inform the Client (data controller) without undue delay, no later than 48 hours from the moment the breach is identified. The Client as the data controller is responsible for conducting a risk assessment, notifying the supervisory authority (UODO) within 72 hours in accordance with Article 33 GDPR, and — where applicable — notifying the data subjects in accordance with Article 34 GDPR.

§18. Changes to Terms

The Service Provider reserves the right to make changes to these Terms at any time. Clients will be informed of material changes to the Terms at least 14 days in advance via email to the address associated with the Account. Continued use of the Platform after the changes take effect means acceptance of the amended Terms. If the Client does not accept the changes, they have the right to terminate the agreement with immediate effect before the changes come into force. Changes do not affect services paid for and ordered before the amended Terms come into effect.

§19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with Polish law. The parties shall endeavor to resolve any disputes arising from the Terms or agreements concluded thereunder amicably through negotiations within 30 days from the date of dispute notification. In the absence of agreement, disputes shall be resolved by the common court having jurisdiction over the Service Provider's registered office (Warsaw). The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Client is a consumer within the meaning of Polish law, the above jurisdiction clause does not affect mandatory consumer protection provisions.

§20. Final Provisions

In matters not regulated by these Terms, Polish law shall apply, in particular the Civil Code, the Electronic Services Act, the Copyright and Related Rights Act, and Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). If any provision of the Terms is found by a court or administrative body to be invalid, ineffective, or unenforceable, the remaining provisions shall remain in full force and effect. In place of the invalid provision, the closest provision consistent with the law in terms of purpose shall apply. The Terms have been prepared in Polish and English. In the event of discrepancies between language versions, the Polish version shall prevail. The Terms come into effect on April 14, 2026, and apply to all agreements concluded from that date. The Client declares that they have read the Terms before commencing use of the Platform and accept their provisions in their entirety.