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Pando Terms of Service

(Terms for providing services by electronic means)

Version: 1.1 — Effective date: on the date of publication in the Service

§1. General provisions

  1. These Terms define the types and scope of services provided electronically through the Pando service, available at pando.holak.me (the "Service"), the rules for using the Service, the conditions for entering into and terminating agreements, the complaint procedure, and the rights and obligations of users and the Service Provider.
  2. The Service Provider is Ignis Kacper Holak, ul. Wiejska 21, 44-180 Toszek, Poland, NIP (tax ID): 5842820373, REGON: 522504647, email: pando@holak.me (the "Provider").
  3. These Terms are made available free of charge before the agreement is concluded, in a way that allows them to be obtained, reproduced and stored.
  4. Acceptance of these Terms is required to use the Service.
  5. The processing of personal data is governed by a separate Privacy Policy.

§2. Types and scope of services

  1. Pando is a CRM-type digital service intended in particular for sole traders and small companies, enabling them to manage customer data, offers and the flow of their customer relationships.
  2. A detailed description of features, any pricing plans and limitations is provided in the app or on the Service's website.

§3. Technical requirements

Proper use of the Service requires:

  1. a device with Internet access,
  2. a current web browser,
  3. an active email account,
  4. where necessary — support for JavaScript, cookies and encrypted connections (TLS/HTTPS).

§4. Conditions of use and user age

  1. The Service may be used by persons who are at least 16 years old or who have obtained the required authorisation from their legal representative where permitted.
  2. The user represents that they are entitled to use the Service and to enter into the agreement under these Terms.

§5. User account

  1. The agreement for the provision of services by electronic means is concluded when the account is created and these Terms are accepted.
  2. On registration, the user must provide true, current and complete information and keep their login credentials secure.
  3. The user is responsible for actions taken through their account, unless the user is not at fault (e.g. where security was breached despite the user's due care).

§6. Prohibited conduct

You must not use the Service unlawfully, contrary to good practice or contrary to these Terms, in particular by:

  1. providing unlawful content,
  2. infringing third-party rights,
  3. distributing malicious software,
  4. bypassing the Service's security measures,
  5. interfering with the Service or with other users' use of it.

§7. Intellectual property

  1. Unless expressly stated otherwise, rights in the software, interface, branding and materials of the Service belong to the Provider or its licensors.
  2. The user receives a non-exclusive, revocable, non-transferable licence to use the Service in accordance with these Terms, for the duration of the agreement.

§8. User content and data processing (DPA)

  1. If the Service allows the user to post or upload content, the user represents that they have the necessary rights to that content.
  2. To the extent necessary for providing the Service, the user grants the Provider a non-exclusive licence to use that content solely to operate, maintain and secure the Service (including creating backups).
  3. Data processing on the user's behalf (Art. 28 GDPR). To the extent the user enters into the Service personal data of their customers or other third parties, the user remains the controller of those data, and the Provider processes them solely on the user's behalf as a processor. Concluding the agreement under these Terms includes concluding a data processing agreement on the terms of this §8.
  4. Subject matter and nature of processing: storing, organising, displaying and backing up data entered by the user for the purpose of providing the CRM service. Duration: the term of the agreement. Categories of data subjects: the user's customers, prospects and contact persons. Categories of data: identity and contact data, data concerning offers and business relationships, and other ordinary data entered by the user. The user undertakes not to enter special-category data (Art. 9 GDPR) into the Service unless the parties expressly agree otherwise.
  5. The Provider undertakes to: (a) process the data only on the user's documented instructions, which include in particular the use of the Service's features; (b) ensure the confidentiality of persons authorised to process the data; (c) apply the security measures required by Art. 32 GDPR; (d) assist the user, insofar as possible, with the obligations under Arts. 32–36 GDPR and with responding to data-subject requests; (e) delete the entrusted data after the agreement ends, unless the user requests their return before account deletion or the law requires further storage; (f) make available information necessary to demonstrate compliance with Art. 28 GDPR.
  6. Subprocessors. The user gives general authorisation for the Provider to engage the subprocessors listed in the Privacy Policy (currently, in particular, the hosting provider Hostinger). The Provider will give advance notice of any intended addition or replacement of a subprocessor, allowing the user to object.
  7. Entrusted data are stored on servers within the EEA; any transfer outside the EEA requires a valid transfer mechanism under Chapter V GDPR.
  8. The user is responsible for the lawfulness of the data they enter, including having a legal basis for processing them and fulfilling their own information obligations towards their customers.

§9. Fees and payments

  1. Pando may be offered free of charge or for a fee — either under a general pricing plan published in the app or on the Service's website, or under individual terms agreed separately with a given user.
  2. Before paid access or paid features begin, the price, billing period, renewal rules, payment method and cancellation terms will be presented to the user clearly, and using them will require the user's separate, express acceptance (e.g. as part of an in-app pricing plan or a separate individual agreement).
  3. An individual agreement concluded with a given user may set the price and billing terms differently from the general pricing plan — in that case, as to price and billing terms, that agreement prevails, and these Terms apply to everything else.
  4. A change to the fees applicable to a given user requires prior notice to the user and — for the general plan — applies to them from the next billing period, unless mandatory law or a separate individual agreement provides otherwise.
  5. Introducing or changing paid access does not limit rights users have acquired under free services other than as described in §18 (changes to these Terms).

§10. Consumer withdrawal and digital services

  1. If the user is a consumer entering into a distance contract, the user has the rights provided by the Polish Consumer Rights Act of 30 May 2014, including — as a rule — the right to withdraw from the contract within 14 days, unless a statutory exception applies.
  2. If, with the consumer's express consent, a digital service or digital content is performed before the withdrawal period expires, the consumer will be informed where the law provides for loss of the withdrawal right, and the consumer's acknowledgement of that information will be recorded.
  3. The provisions on paid digital content and services apply from the moment payments are introduced in the Service.
  4. The provisions concerning consumers apply accordingly — to the extent required by mandatory law — to a natural person entering into a contract directly related to their business activity where the contract is not of a professional character for that person.

§11. Availability of the Service

  1. The Provider uses reasonable care to keep the Service available, but access may be temporarily limited for technical, security, development or maintenance reasons.
  2. Where possible, planned downtime will be announced in advance.

§12. Suspension and termination

  1. The Provider may suspend or terminate a user's access in the event of a material breach of these Terms, unlawful activity, a security threat or abuse of the Service. Where possible and permissible, the Provider will first call on the user to cease the breach.
  2. The user may terminate the agreement and delete the account at any time — through the app's features or by contacting the Provider.

§13. Complaints

  1. Complaints concerning the Service may be submitted by email to: pando@holak.me.
  2. A complaint should include information enabling identification of the user, a description of the issue and the request made.
  3. The Provider will reply within 14 days of receiving the complaint, unless mandatory law provides for a different period.

§14. Out-of-court dispute resolution (ADR)

A consumer may use out-of-court complaint and redress procedures in accordance with applicable law, including through the relevant consumer-protection bodies (e.g. consumer ombudsmen, the Trade Inspection authority).

§15. Liability

  1. To the fullest extent permitted by law, the Provider is not liable for lost profits, indirect losses or interruptions caused by force majeure, third-party actions or use of the Service contrary to these Terms.
  2. Paragraph 1 does not exclude or limit liability that cannot legally be limited as against a consumer under mandatory law, or liability for damage caused intentionally.

§16. Governing law and jurisdiction

  1. These Terms are governed by Polish law.
  2. A consumer also benefits from the mandatory protections of the law of the country of their habitual residence.
  3. Consumer disputes will be heard by the courts having jurisdiction under mandatory law.

§17. Language versions

These Terms are made available in Polish and English. For users habitually resident in Poland, the Polish version prevails in the event of discrepancy, unless mandatory law requires otherwise.

§18. Changes to these Terms

  1. The Provider may amend these Terms for valid reasons, in particular changes in law, changes to the Service's features, security considerations or a change of business model (including the introduction of paid plans).
  2. Users will be informed of material changes in advance (e.g. by email or an in-app notice) and, where the law requires, given the right to terminate the agreement before the changes take effect.

§19. Final provisions

  1. If any provision of these Terms proves invalid or unenforceable, the remaining provisions remain in force.
  2. These Terms enter into force on the date of their publication in the Service.
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