Terms and Conditions

Effective from 1 September 2026 · version 1.0

§ 1. Definitions

Whenever these Terms and Conditions refer to:

1. Service Provider — this shall mean Kordonek Joanna Łysoń-Owczarz, ul. Turystyczna 26, 34-120 Sułkowice, NIP 5512649924, email address: kontakt@eppwr.pl, telephone: +48 572 892 922.
2. Customer — an entrepreneur within the meaning of Article 43¹ of the Civil Code, including a natural person conducting sole-trader business activity, as well as any other entity conducting professional activity that enters into an Agreement with the Service Provider.
3. Website — the website available at eppwr.pl and eppwr.eu, including its subpages.
4. Application — the EPPWR software used to maintain packaging compliance documentation and generate declarations of conformity within the meaning of the PPWR Regulation.
5. PPWR Regulation — Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste.
6. Instance — a separate deployment of the Application assigned exclusively to one Customer and hosted on the Service Provider’s infrastructure.
7. Licence — the right to use the Application under the terms set out in § 6.
8. API Key — an access key to the application programming interface of an artificial intelligence service provider, obtained and paid for independently by the Customer.
9. Agreement — an agreement entered into between the Service Provider and the Customer for the grant of a Licence and hosting of an Instance.
10. Terms and Conditions — this document.

§ 2. General provisions

1. These Terms and Conditions set out the rules under which the Service Provider provides electronic services within the meaning of the Act of 18 July 2002 on the Provision of Electronic Services.
2. These Terms and Conditions are made available free of charge on the Website in a form that allows them to be downloaded, saved and printed.
3. The services are intended exclusively for entrepreneurs. The Service Provider does not enter into agreements with consumers within the meaning of Article 22¹ of the Civil Code.
4. Entering into the Agreement is conditional upon reading and accepting these Terms and Conditions.

§ 3. Scope of services

1. Through the Website, the Service Provider provides the following services free of charge:
   1. access to information, including a knowledge base and articles;
   2. a contact form with the option to attach a file;
   3. a telephone call request form;
   4. a form for booking an Application demonstration;
   5. a questionnaire for the preliminary assessment of obligations under the PPWR Regulation.
2. Under the Agreement, the Service Provider provides the following paid services:
   1. granting a Licence for the Application;
   2. launching and hosting an Instance on its infrastructure;
   3. Application updates within the scope and period specified in § 6.
3. The services specified in paragraph 1 do not require registration or entering into an Agreement.

§ 4. Technical requirements

1. The following are required to use the Website and the Application:
   1. a device with internet access;
   2. an up-to-date web browser supporting JavaScript and cookies;
   3. an active email account.
2. Use of the Application’s artificial intelligence-based features requires the Customer’s own API Key — in accordance with § 8.
3. The Service Provider shall not be liable for any malfunction of the Website or the Application resulting from the Customer’s failure to meet the technical requirements.
4. The Customer is prohibited from providing unlawful content or taking any action that disrupts the operation of the Website or the Application.

§ 5. Entering into the Agreement

1. The materials presented on the Website, including information about the Application, do not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to enter into an agreement.
2. Sales are conducted exclusively on an individual basis. The Website does not allow orders to be placed or payments to be made online.
3. The Agreement is entered into as follows:
   1. the Customer contacts the Service Provider using the form, by email or by telephone;
   2. the Service Provider presents an individual offer specifying the scope of the Licence, the remuneration and the Instance hosting fee;
   3. the Agreement is entered into when the Customer accepts the offer in documentary form;
   4. the Service Provider launches the Instance and provides the Customer with access credentials.
4. A demonstration of the Application using demonstration data is available only by prior arrangement.

§ 6. Licence

1. Upon payment of the full remuneration, the Service Provider grants the Client a non-exclusive, perpetual and worldwide licence to use the Application for the Client’s own business purposes.
2. The Licence includes the right to:
   1. use the Application by the Client and persons authorised by the Client;
   2. enter and process the Client’s data in the Application;
   3. generate and use documents created by the Application.
3. The Licence does not include the right to:
   1. sublicense, resell, rent or make the Application available to third parties;
   2. decompile, disassemble or reverse-engineer the source code, except to the extent permitted by mandatory provisions of law;
   3. remove or alter markings identifying the Service Provider;
   4. use the Application to provide services to third parties, unless the parties agree otherwise in document form.
4. The Licence is perpetual. Expiry of the Instance maintenance agreement does not terminate the Licence.
5. The Licence fee includes Application updates released for a period of 12 months from the date of concluding the Agreement. After this period, the Client retains the right to use the latest version made available to the Client.
6. The update period may be extended under a separate agreement.

§ 7. Instance Maintenance

1. The Instance is hosted on the Service Provider’s infrastructure located at the Hetzner Online GmbH data centre in Falkenstein (Germany), within the European Economic Area. Details are provided in the Privacy Policy and the List of Subprocessors.
2. For maintenance of the Instance, the Client pays a recurring fee in the amount and at the billing interval specified in the offer.
3. The Service Provider will use reasonable endeavours to ensure uninterrupted availability of the Instance, subject to:
   1. scheduled maintenance, of which the Client will be notified at least 48 hours in advance;
   2. failures affecting infrastructure providers;
   3. force majeure events.
4. The Service Provider backs up the Instance data once a day and retains the backups for 14 days.
5. The Instance maintenance agreement is concluded for an indefinite term. Either party may terminate it by giving one month’s notice, effective at the end of the billing period.
6. If the Instance maintenance agreement is terminated, the Service Provider will provide the Client with a complete export of the Client’s data in a commonly used format within 14 days of termination. The data will be permanently deleted after a further 30 days.
7. The Service Provider may suspend access to the Instance if a payment is more than 30 days overdue, after first requesting payment from the Client and setting an additional payment period of at least 7 days. Suspension does not result in deletion of the data.

§ 8. API Key and artificial intelligence functions

1. Application functions using artificial intelligence operate solely on the basis of the API Key provided by the Client. The Service Provider does not provide its own key or act as an intermediary in obtaining one.
2. The Client enters into an agreement with the artificial intelligence service provider in the Client’s own name and for the Client’s own account. The relationship between the Client and that provider is governed solely by that provider’s terms.
3. Entering the API Key into the Application means that data transmitted by the Application to the provider’s interface is received by that provider under the Client’s agreement with that provider, not under the agreement with the Service Provider. In this respect, the Service Provider is neither a recipient nor a subprocessor of such data.
4. The costs of using the provider’s interface are borne solely by the Client.
5. The Service Provider is not liable for:
   1. the availability or performance of the artificial intelligence service provider or changes to its terms;
   2. the content of responses generated by language models;
   3. the consequences of using the API Key contrary to its provider’s terms.
6. The Client must protect the API Key against unauthorised access and revoke it immediately if disclosure is suspected.

§ 9. Remuneration and payments

1. The amount of remuneration is determined individually and specified in the offer.
2. Prices are stated as net amounts. Value added tax is added to the remuneration at the applicable rate.
3. Settlement with Clients from other Member States of the European Union takes place on the following basis: under the reverse charge mechanism. Pursuant to Article 28b of the Value Added Tax Act, the place of supply of the service is the country in which the Client has its registered office. The invoice is issued without Polish VAT, with the annotation “odwrotne obciążenie / reverse charge”. The Client accounts for the tax in its own country. This is conditional upon the Client providing an active EU VAT identification number, which the Service Provider verifies in the VIES system.
4. Payment shall be made by bank transfer to the bank account indicated on the invoice, within the payment period specified therein.
5. In the event of late payment, the Service Provider is entitled to statutory interest for late payment in commercial transactions.
6. The Client authorises the Service Provider to issue and send invoices electronically to the specified email address.

§ 10. Withdrawal from the Agreement

1. The Agreement is concluded with a trader and therefore, as a rule, the right of withdrawal applicable to consumers does not apply.
2. A Client who is a natural person conducting business as a sole trader and who concludes the Agreement at a distance has the right to withdraw from the Agreement within 14 days without giving any reason, under the rules set out in Article 7aa of the Consumer Rights Act of 30 May 2014, only where it follows from the Agreement that it is not of a professional nature for that Client, arising in particular from the scope of business activity disclosed in CEIDG.
3. The right of withdrawal referred to in paragraph 2 does not apply if the Service Provider has begun providing the service with the Client’s express prior consent and the Client has acknowledged that the right of withdrawal will be lost once the service has been fully performed.
4. A statement of withdrawal shall be sent to the Service Provider’s email address.

§ 11. Complaints

1. The Client may submit a complaint concerning the services provided to the Service Provider’s email address.
2. The complaint should identify the Client, describe the irregularity and specify the expected method of resolution.
3. The Service Provider shall consider the complaint within 14 days of receiving it and inform the Client of the outcome at the address from which the complaint was submitted.
4. If additional information is required, the period shall run from the date on which the Client provides it.

§ 12. Liability

1. The Application is a tool supporting record-keeping and does not constitute legal advice. The Service Provider does not provide legal advisory services or assess the compliance of the Client’s packaging with applicable law.
2. The Client bears sole responsibility for the accuracy, completeness and currency of the data entered into the Application, as well as for the content and consequences of documents issued on the basis of that data, including declarations of conformity.
3. The Service Provider shall not be liable for decisions of supervisory authorities, administrative penalties or other consequences arising from third-party assessments of the Client’s documentation.
4. The Service Provider’s liability for non-performance or improper performance of the Agreement is limited to the amount of remuneration paid by the Client during the 12 months preceding the event giving rise to the damage.
5. The Service Provider shall not be liable for loss of profit.
6. The limitations of liability shall not apply to damage caused intentionally or in other cases where the exclusion or limitation of liability is prohibited under mandatory provisions of law.

§ 13. Personal data

1. The rules governing the processing of personal data by the Service Provider as controller are set out in the Privacy Policy available on the Website.
2. With regard to personal data entered into the Application by the Customer, including data of the Customer’s suppliers’ and contractors’ representatives, the Customer is the controller and the Service Provider acts as processor within the meaning of Article 28 GDPR.
3. The processing is entrusted under a separate data processing agreement concluded together with the Agreement. The data processing agreement sets out the subject matter, duration, nature and purpose of the processing, the type of data and categories of data subjects, as well as the parties’ obligations and rights.
4. The Customer gives general authorisation for the Service Provider to use the sub-processors listed in the List of Sub-processors available on the Website. The Service Provider shall give at least 30 days’ advance notice of any intended changes to this list, allowing the Customer to object.
5. In accordance with § 8, data is transferred to the artificial intelligence service provider under the Customer’s agreement with that provider and does not constitute the engagement of a sub-processor by the Service Provider.

§ 14. Copyright

1. The Application, the Website and their components, including the source code, graphic design, trade marks and editorial content, are subject to the exclusive rights of the Service Provider or entities with which the Service Provider has concluded relevant agreements.
2. The Agreement does not transfer copyright in the Application to the Customer.
3. Data entered into the Application by the Customer and documents generated on its basis are the Customer’s property. The Service Provider acquires no rights to them and does not use them for its own purposes, including model development or training.

§ 15. Amendments to the Terms and Conditions

1. The Service Provider may amend the Terms and Conditions for valid reasons, in particular changes in the law, changes in the scope or manner of providing the services, or changes concerning infrastructure providers.
2. Customers bound by the Agreement shall be notified of any amendment to the Terms and Conditions by email at least 14 days before it takes effect.
3. A Customer who does not accept the amendments may terminate the Instance maintenance agreement with effect from the date on which the amendments take effect. An amendment to the Terms and Conditions does not affect the continued validity of the Licence granted.

§ 16. Final provisions

1. Matters not covered by the Terms and Conditions shall be governed by Polish law.
2. The choice of Polish law does not deprive the Customer of the protection afforded by the mandatory provisions of the law of the country in which it has its registered office, where those provisions apply.
3. Disputes arising from the Agreement shall be settled by the court having territorial jurisdiction over the Service Provider’s registered office.
4. If any provision of the Terms and Conditions proves invalid or ineffective, the remaining provisions shall remain in force. The invalid provision shall be replaced by a provision that most closely reflects its commercial purpose.
5. The Terms and Conditions have been drawn up in Polish. Versions in other languages are for information purposes and to facilitate understanding of the content. In the event of any discrepancy between language versions, the Polish version shall prevail.
6. The Terms and Conditions enter into force on the date specified at the beginning.