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Terms of Service

The contract under which LW IT Solutions Company Lukas Wójcik provides reactive.chat, the live chat with AI assistance, to business customers.

Read this first. Four points in these Terms differ from what many customers expect. They are stated here before the detail, because a Customer who misreads them will misread what follows.

1. Provider, scope and who may enter into this contract

1.1 The provider

The Service is provided by LW IT Solutions Company Lukas Wójcik, al. Tadeusza Kościuszki 80/82, lok. 301, 90-437 Łódź, Poland, VAT identification number PL7252266190 (the "Operator", "we", "us"). Contact: contact@lukaswojcik.com. Further information about the Operator is set out in the Imprint.

1.2 What this document is

These Terms of Service ("Terms") govern the provision and use of reactive.chat and everything supplied with it. For the purposes of Polish law they also constitute the regulations (regulamin) required by Article 8 of the Polish Act of 18 July 2002 on providing services by electronic means. They are available free of charge before the contract is concluded, at a permanent address and in a form that allows them to be retrieved, reproduced and stored.

1.3 Business customers only

The Service is offered exclusively to entrepreneurs: companies, partnerships, other organisations and natural persons who conduct a business or professional activity and who contract in the course of that activity. Consumers within the meaning of Article 22^1 of the Polish Civil Code may not conclude this contract.

The person who registers or places an Order on behalf of a Customer represents that the Customer is an entrepreneur, that the Service is ordered for the Customer's business or professional activity, and that the person is authorised to act for the Customer. At registration the person registering declares, by ticking a separate checkbox that is not pre-ticked, that they are registering for a business or as a trader and not as a consumer. The form does not at present ask for the legal form or the business register entry of the Customer; the representation in this section therefore carries weight, and we may ask for evidence of it (section 4.3).

1.4 Sole traders with consumer protection

Polish law gives certain consumer protections to a natural person who concludes a contract directly connected with their business activity where the content of the contract shows that it is not of a professional nature for that person, in particular in the light of the subject of their business recorded in the Central Register and Information on Economic Activity (CEIDG). This concerns Articles 385^5, 556^4 and 576^5 of the Polish Civil Code and Articles 7aa and 38a of the Polish Consumer Rights Act of 30 May 2014.

Where a Customer falls within this group, section 31 applies to it and prevails over every other provision of these Terms. A Customer who believes it belongs to this group should tell us at contact@lukaswojcik.com. We examine each case individually and, where doubt remains, decide in the Customer's favour. Whether a Customer belongs to this group is determined by law, not by our decision; telling us simply allows us to apply section 31 correctly from the start.

1.5 Persons acting for the Customer

Accounts may be held only by natural persons who have full legal capacity. A person who registers, invites Team Members, changes a Plan, cancels a subscription or deletes a Workspace acts for the Customer, and the Customer is bound by what that person does within the Account.

1.6 Sanctions and export restrictions

The Service is not offered to, and must not be used by or for the benefit of, any person or entity that is subject to economic sanctions or export restrictions imposed by the European Union, the United Nations, the United States or the United Kingdom, or that is established in a territory subject to comprehensive sanctions. The Customer represents that this does not apply to it and will not permit such use. Where we become aware of a breach of this section, we may suspend or terminate with immediate effect.

2. Definitions

In these Terms the following words have the following meanings. Terms defined in the Data Processing Agreement have the meaning given there when they are used in a data protection context.

3. The contract documents and their order of precedence

3.1 What forms the contract

The contract between the Customer and the Operator consists of the following documents:

  1. any Enterprise Agreement;
  2. these Terms;
  3. the Data Processing Agreement, including the technical and organisational measures and the list of sub-processors;
  4. the Acceptable Use and Anti-Abuse Policy;
  5. the price, the billing cycle and the limits of the selected Plan as displayed on the pricing page and in the billing area of the Dashboard at the time of the Order.

The Privacy Policy, the AI Act page, the Data Act page, the access and deletion page and the privacy policy text block inform about the Service. They describe how the contract is performed, but they do not create additional obligations of the Customer.

3.2 Order of precedence

In the event of a conflict the documents prevail in the order listed in section 3.1, from top to bottom, and only to the extent of the conflict. By way of exception, the DPA prevails over every other document in all matters concerning the processing of personal data on behalf of the Customer, because those matters are governed by Article 28 of the GDPR.

3.3 Descriptive material is not a warranty

The website, feature pages, comparison pages, screenshots, presentations, examples and statements made in sales conversations describe the Service. They are not warranties, guarantees or assurances of particular characteristics. A characteristic is warranted only where the Operator expressly describes it in text form as warranted.

This section is not a licence to mislead. Where descriptive material is inaccurate, we correct it. It exists because the description of a live product is revised often and is necessarily shorter than the truth, and because what is owed must be traceable to a document that says exactly that.

3.4 The Customer's own terms do not apply

Purchase conditions, supplier codes and other standard terms of the Customer do not apply, even where the Operator does not object to them separately or performs the contract with knowledge of them. A deviation from these Terms requires an Enterprise Agreement or the Operator's express agreement in text form.

4. Conclusion of the contract and how it is recorded

4.1 Conclusion

The presentation of the Service and of the Plans on the website is an invitation to make an offer. The contract for the Free Plan is concluded when a person completes registration and the Account is created. If a person who did not register themselves creates a Workspace of their own, the contract for the Free Plan is concluded when that Workspace is created; if they accept a transfer, upon acceptance (section 5.7). The contract for a paid Plan for a Workspace is concluded when the Customer completes checkout and our payment service provider confirms the subscription; that confirmation also constitutes our acceptance. An Enterprise Agreement is concluded as stated in it.

4.2 The acceptance record

At registration the person registering accepts these Terms and the DPA by ticking a checkbox that is not pre-ticked. Creating the Account concludes the DPA. For each of the two documents we record: the Account, the time, the full IP address from which acceptance was given, the browser identification (user agent), the language version displayed, and a SHA-256 checksum of the exact wording displayed. We also keep the full text of that wording, so that it can be established at any time which version was accepted and what it said.

By ticking a second checkbox, also not pre-ticked, the person registering declares that they are registering for a business or as a trader and not as a consumer. For this declaration we record the same data, with the wording as displayed in the form, including the notice for sole traders under section 1.4 shown beneath it.

The record is written in the same database transaction in which the Account is created. If it cannot be written, no Account is created. The record is kept for as long as the Account exists. When an Account is deleted, the record is at present deleted with it.

Team Members who are created through single sign-on (section 5.5) do not pass through this registration step. As long as they are only Team Members, they act within the Customer's contract, and the Customer is responsible for informing them of these Terms. If an Account for which we hold no acceptance record of the current version – for example one created through single sign-on – is to create a Workspace of its own or accept a transfer under section 5.7, we first require the same two checkboxes, not pre-ticked, as at registration; without them no Workspace is created and ownership does not change. Creating the Workspace or accepting the transfer concludes the DPA. We record the same data as above, in the same database transaction as the creation or the transfer, together with the occasion. The same applies before a paid Plan is ordered: if we hold no record that the person starting checkout has accepted the current version of these Terms and the DPA and given the declaration, we first require the same two checkboxes, not pre-ticked; without them no checkout is opened. We record the same data as above, together with the occasion, before checkout is opened with our payment service provider; the record remains even if checkout is not completed.

4.3 Accuracy of the details supplied

The Customer must supply accurate and complete details and keep them current, in particular the name of the person registering, a valid e-mail address that is regularly read, and, for paid Plans, the company name, billing address and, where it has one, a valid VAT identification number. Confirming the e-mail address by the link we send is not a precondition for signing in, but the Customer remains responsible for receiving notices sent to the address it gave (section 29.5).

We may ask the Customer to provide evidence of its status as an entrepreneur, of the authority of the person acting, or of its control over a website on which the Widget is deployed. Where such evidence is not provided within a reasonable period, we may suspend the affected Project or Workspace under section 23.

4.4 Technical requirements

Use of the Dashboard requires a current version of a common web browser (such as Chrome, Edge, Firefox or Safari) with JavaScript enabled, an internet connection and an e-mail address. Embedding the Widget requires the ability to add a script tag to the website concerned. Some functions additionally require: a browser that supports web push (push notifications), WebRTC and access to camera or microphone (calls and video), or accounts with third-party providers (channels and integrations).

4.5 Risks of using services provided by electronic means

As required by Article 6 of the Polish Act on providing services by electronic means, we point out the general risks of using services over the internet: unauthorised access to accounts through weak, reused or disclosed passwords; phishing messages imitating the Service; malware on the user's device; interception of data on insecure networks; and unsolicited messages. The Service uses encrypted connections (TLS), offers optional two-factor authentication and protects its forms against automated abuse. Section 5.5 sets out what the Customer must do on its side.

5. Account, Workspaces, Projects and roles

5.1 Account

Each natural person may hold one Account. Accounts are personal and must not be shared. One Account may be a Team Member of several Workspaces.

5.2 Workspaces and Projects

After registration, the person creates one or more Workspaces in the Dashboard. A Workspace contains Projects; each Project corresponds to one website or other deployment and is identified by its site key. The Plan, the limits and the billing relationship are attached to the Workspace. The number of Workspaces, Projects and Team Members available depends on the Plan; these limits are checked when a Workspace, Project or Team Member is added.

5.3 Roles

The Service knows four roles, enforced on our servers and not only in the interface:

The owner and admins can restrict individual permissions of members and viewers per Workspace. On Plans that offer it, Team Members can be restricted to individual Projects.

5.4 The Customer answers for its Team Members

The Customer is responsible for every act and omission of its Team Members, and of any other person acting with credentials issued under its Workspace, as if they were its own. This includes persons who were given access by mistake and persons whose access was not withdrawn in time. The Customer must ensure that its Team Members comply with these Terms and with the Acceptable Use and Anti-Abuse Policy.

5.5 Credentials, two-factor authentication and single sign-on

The Customer must keep passwords, API keys, webhook secrets, HMAC secrets for Visitor identification, channel credentials and invitation links confidential, must not share them, and must withdraw access without delay when a Team Member leaves. Two-factor authentication by a time-based one-time password (TOTP) is available to every Account and is optional; we recommend it for every owner and admin, but we cannot enforce it.

On Plans that offer it, the Customer can connect its own identity provider via OpenID Connect (single sign-on). Team Members can then be created automatically on their first sign-in. The Customer is responsible for the configuration of its identity provider and for who can sign in through it.

The Customer must notify us without undue delay at contact@lukaswojcik.com when it becomes aware of unauthorised access to an Account, a Workspace or a key.

5.6 Membership in another Customer's Workspace

A person invited into a Workspace becomes a Team Member there by accepting the invitation. Membership creates no separate contract about that Workspace between that person and us. The Workspace is governed by the contract of the Customer for which its owner acts. The owner and admins of the Workspace can see the names, e-mail addresses and roles of its Team Members and can remove them; the removed person's own Account and any Workspaces that person owns remain unaffected.

5.7 Transfer of a Workspace

The owner can offer a Workspace to another Team Member of that Workspace instead of deleting it. The offer lapses after seven days unless accepted. On acceptance the recipient becomes the owner, and the entrepreneur for which the recipient acts becomes our contract partner and the controller for the data in that Workspace. The transferring Customer must ensure that it is entitled to transfer the Workspace and the data in it, and remains liable for fees accrued up to the transfer. If we hold no record that the recipient has accepted the current version of these Terms and the DPA and given the declaration under section 4.2, the recipient does so when accepting.

A transfer does not by itself move the payment relationship with our payment service provider, which is held by the person who completed checkout. Where a paid subscription is to continue after a transfer, the parties concerned must arrange for the subscription to be cancelled by the previous payer and ordered by the new owner, or contact us so that we can help. Our consent to the transfer of the contract under section 29.1 is given for transfers made through this function.

6. The Service

6.1 What the Service is

reactive.chat lets Visitors of the Customer's website, and persons who contact the Customer through connected channels, communicate with the Customer's Team Members and, where the Customer enables it, with the AI Assistant. It is delivered as software as a service over the internet for the term of the contract. No copy of the server software is sold or licensed for installation; the Widget is licensed as set out in section 17.3.

The functions actually available depend on the Plan, on the configuration chosen by the Customer and on section 7. The sections below describe the kind of thing each function is; they are not a fixed list of features, and the Dashboard and the documentation describe the current scope.

6.2 The Widget

The Widget is a chat window that the Customer embeds on its website with one script tag. It sets no cookies. Until the Customer's consent management platform signals consent, it stores its state only in the browser's session storage and assigns no persistent Visitor identifier; once consent is signalled, it uses local storage, including a Visitor identifier, with expiry periods of up to 365 days. A single "do not track" marker is kept in local storage after a Visitor asked for their data to be deleted. The Customer can configure appearance, launcher, texts, languages, proactive messages and tooltips, product tours, forms and the privacy settings of each Project (consent level, withdrawal, self-service deletion and retention period).

Where the Customer passes a user identifier with an HMAC signature, the Widget can recognise a logged-in Visitor across devices. Where the Customer enables it, the Widget can transmit the text of the page the Visitor is viewing, so that agents and the AI Functions can take it into account. The Widget can fall back to a slower connection method where a real-time connection is blocked.

6.3 The desk and the agent tools

In the desk, Team Members see, take over, assign, transfer, label and close conversations, use canned responses, quick replies, cards and forms, add internal notes, see Visitor information that the Customer has chosen to collect, and receive notifications, including optional web push notifications in their browser. Depending on the Plan, the desk includes routing and automatic assignment, service targets, quality evaluation (section 11.7), a visitor list with invitations to chat, statistics and reports, and a read log that records which Team Member opened which conversation. Routing can assign conversations automatically according to rules of the Customer that use labels, language, page, channel and mood, optionally supported by an AI classification of the first message (section 13). Guided flows are built in a flow editor that keeps versions; the bot settings are versioned and can be tried out in test runs before going live.

Team Members can control conversations by commands typed in the reply field, including commands to block a Visitor (for a period of up to 365 days, by default 24 hours), to mark a conversation as spam, to close or transfer it, to send buttons, cards or forms, to direct the Visitor to a page or show an overlay, to ask for a rating, to add a note, to translate and to display help. These tools exist to serve Visitors and to protect against abuse; section 11.6 governs how they may be used.

6.4 The AI Functions

Where the Customer enables them and the Plan includes them, the AI Functions comprise in particular: the AI Assistant that answers Visitors, including streamed answers and handover to a human; the copilot that drafts, summarises and rewords replies for agents; automatic and on-demand translation in the desk; summaries and handover notes; proactive opening lines generated from page content; drafts for gaps in the Knowledge Base; optional AI-assisted quality evaluation of conversations without human participation; an optional AI classification for routing; test runs (simulation); reading text and images in attachments; answers about the Visitor's orders (section 6.7); and actions that the Customer configures (section 13.6). Section 13 governs all AI Functions.

6.5 Knowledge Base and crawler

The Customer builds its Knowledge Base by having the crawler collect pages of its own website, by uploading documents, by connecting document sources (for example Notion, Confluence or Google Drive, where offered), by adding product data and by writing or correcting entries. The crawler observes robots.txt. Knowledge Base content is converted into searchable sections and vector representations on the Operator's own infrastructure or, where the Customer uses its own AI node exclusively (section 13.9), on that node. The Customer is responsible for the content of the Knowledge Base (section 11.4). Uploaded files are kept until the Customer deletes them. Google Drive is connected with the Customer's own Google account through our OAuth application; the authorisation grants read-only access to the Customer's Google Drive, and the Service reads only the folders and files the Customer selects; its text is kept in the Knowledge Base, not the files, and Google is a third-party service of the Customer (section 18).

6.6 Attachments

Visitors and Team Members can exchange files, within the file size, storage quota and retention period of the Plan. Attachments are deleted automatically when the retention period of the Plan expires, and earlier together with their conversation, Project or Workspace. Images passed to the AI Functions are reduced and re-encoded beforehand, which removes embedded metadata; text may be extracted from documents and images so that agents and the AI Functions can use it. Attachments are not scanned for malware. Neither the Customer nor its Team Members should open files from unknown senders without the precautions they would apply to any other file received over the internet.

6.7 Customer data from the Customer's shop

On Plans that include it, the Customer can connect its shop (for example WooCommerce) or its own endpoint so that the AI Assistant and agents can answer a logged-in Visitor's questions about that Visitor's own orders. Imported order data is deleted 90 days after import; data retrieved on demand is not stored beyond the answer. The Customer decides which data is made available and is responsible for ensuring that only the data of the Visitor concerned is retrieved.

6.8 Channels

The Customer can connect further channels to the desk: e-mail (through its own IMAP and SMTP mailboxes), WhatsApp Business, Facebook Messenger and Instagram Direct (through the interfaces of Meta), Telegram (through the Customer's own bot), and SMS (through the Customer's own Twilio account). Messages arriving through a channel become conversations in the desk. Each channel requires the Customer's own account with the provider, and the provider's terms apply in addition to these Terms (section 18).

Where the Customer has no outgoing mail server of its own for the e-mail channel, and for conversation transcripts that Visitors request, messages are sent through the Operator's e-mail service; replies in the e-mail channel are then sent from our address in the name "[project] via reactive.chat" with the Customer's address as reply address. Telegram groups and messages from other bots are not supported.

6.9 Campaigns

On Plans that include them, the Customer can show campaigns in the Widget to Visitors selected by page, behaviour, origin, language, country, device and customer data, and can send WhatsApp campaigns through its own Meta account based on templates approved by Meta. Campaigns may be sent only to persons who have given the consent required by law and by the channel provider (section 11.5). For Visitors from the GDPR area (EU, EEA, United Kingdom, Switzerland) and where the country is unknown, the Service shows campaigns in the Widget only with the Visitor's consent, whatever consent level the Customer has chosen. WhatsApp campaigns go only to contacts with a recorded opt-in: imported contacts require the Customer's confirmation and a description of the proof; a previous chat does not count. Stop words end further sending.

6.10 Callback, calls, video and co-browsing

Where offered, Visitors can request a callback, and Team Members can hold voice or video calls with Visitors in the browser, share their screen in either direction and, with the Visitor's participation, view the page the Visitor is on together with them (co-browsing). Calls and co-browsing start only after the Visitor has accepted them. Browser calls use WebRTC and are not recorded; no public STUN server is used. Unless a relay server of ours is used, the connection is established directly between the two browsers, so that each side learns the other's IP address. During co-browsing the Team Member sees the labels of buttons, links and headings of the page, not form fields or input, and can highlight elements, but cannot click or type on the Visitor's page. A click-to-call function that connects a Visitor's telephone with an agent through a telephony provider is available only where we have enabled it; the provider is then listed among the sub-processors.

6.11 Integrations and import

The Service offers integrations with third-party services, for example helpdesk and ticket systems, CRM and shop systems, team messengers, analytics and error monitoring, scheduling, automation platforms and any address reachable by webhook. The Customer can also import conversations and contacts from certain other chat providers (currently Intercom, Crisp, Tidio and Zendesk). Every integration and every import is switched on by the Customer with its own credentials, and section 18 applies.

6.12 API, MCP and webhooks

Depending on the Plan, the Customer can access its data through a documented HTTP API (version 1), through a Model Context Protocol (MCP) server that gives AI tools of the Customer's choice controlled access to its data, including a search of its Knowledge Base, and through signed webhooks that report events to an address the Customer names. Access requires keys issued in the Dashboard. The documented limits and rate limits apply; the Customer is responsible for every request made with its keys and for every system it connects through these interfaces.

6.13 Further functions

Depending on the Plan, the Service further offers in particular: A/B tests of Widget variants; serving the Widget and its connection under a domain of the Customer (custom domain), for which we obtain a TLS certificate from Let's Encrypt; connecting an AI node of the Customer (section 13.9); single sign-on (section 5.5); a company logo per Workspace; a privacy element (smart tag) that the Customer can place in its own privacy notice and that shows the current settings of the Project; Smart Answer (section 13.8); feedback from Visitors and from Team Members; and a public status page at /status (section 19.5).

6.14 Session replay

Session replay is not part of the Service. Where the Customer also uses MousePlayer, a separate service of the Operator with its own terms, the Widget can pass a reference to the MousePlayer recording of the same visit. The MousePlayer terms govern that service.

6.15 What the Service is not

The following is stated expressly, because misunderstanding it has consequences that we cannot repair afterwards. The Service is not:

7. Development, beta functions and the Operator's switches

7.1 Development of the Service

The Service is developed continuously. We may add, change, replace and remove functions. Where a change materially reduces the functions of the Customer's paid Plan taken as a whole, we give at least 30 days' notice in text form, and the Customer may terminate the affected subscription with effect from the date the change takes effect; fees paid in advance for the period after that date are refunded pro rata. Changes that add functions, that are required by law, or that are necessary to avert a security risk may take effect immediately. The core function of the Service, a chat between Visitors and the Customer's Team Members, is preserved for the term of a paid subscription.

7.2 Beta functions

Functions marked as beta, preview or experimental (at present in particular attachments with AI image reading, A/B tests and custom domains) are made available for evaluation. They may be incomplete, may change or be withdrawn at any time, may lose data, and are excluded from every availability or support commitment. Section 21.4 applies to them.

7.3 Function switches and the emergency stop

We keep switches with which we can turn off individual functions for a single Project, for several Projects or for all Customers, independently of the Plan and of the Customer's own settings. This concerns in particular the AI Functions as a whole (emergency stop), streamed answers, attachments, image reading, translation, the copilot, Smart Answer, actions, web push, routing, simulation, the visitor list, quality evaluation, MCP, Knowledge Base files and Drive, channels, campaigns, callback, video and co-browsing.

We use these switches where this is necessary to avert or contain abuse, a security risk, a legal risk, a malfunction or an overload that endangers the Service for other Customers, or where a function produces results that we consider unacceptable. Where possible we inform the Customer beforehand, otherwise without undue delay afterwards, with the reason and with what would allow the function to be turned on again. When the emergency stop for AI Functions is active, conversations continue with the Customer's Team Members in the desk. A switch-off under this section is not a suspension within the meaning of section 23 and does not reduce the fees, unless it lasts longer than 14 days for reasons not attributable to the Customer; in that case section 9.10 applies.

7.4 Automatic protective measures

The Service automatically limits, delays or declines requests and connections that show patterns of abuse, for example floods of messages, repeated failed sign-ins or attempts to make the AI Assistant do unrelated work. Such measures can affect individual IP addresses that are shared by many persons. They protect the platform and operate before any contractual assessment. Where a measure affects the Customer's legitimate use, we lift it without undue delay once notified. Their operation is not a defect of the Service.

8. Plans, limits and fair use

8.1 The Plan defines what is owed

Each Plan carries functions and limits, among them the number of Workspaces, Projects and Team Members; the number of conversations per month; the size, quota and retention period of attachments; the maximum length of Visitor messages; the number of active proactive messages; access to translation, customer data retrieval, campaigns, single sign-on, the read log and the Customer's own AI node; and the priority with which AI requests are processed. The functions, limits and prices in force for a Workspace are those displayed on the pricing page and in the billing area at the time of the Order, or those set out in an Enterprise Agreement.

8.2 The Free Plan

The Free Plan is free of charge and runs for an indefinite period. It is intended to let Customers use and test the Service with smaller volumes. It is subject to lower limits than paid Plans, shows a "Powered by reactive.chat" notice in the Widget, and its AI requests are processed only by the Operator's base-level AI node, which may make answers slower. No payment details are needed for the Free Plan.

8.3 What happens at a limit

When a limit is reached, the Service does not fail but declines or reduces the excess. For example, a further Project or Team Member cannot be added; an attachment above the size limit is rejected; a message above the length limit is shortened or rejected; when the AI budget of a website is used up within a minute, the AI Assistant answers with a fixed sentence instead of generating an answer. The monthly number of conversations is at present not enforced technically: further conversations are accepted, and the billing area shows a forecast and a notice when the forecast reaches the limit. Monitoring the use of its Plan is the Customer's responsibility. We do not warrant that a warning will be shown before a limit is reached. Where a Workspace exceeds a limit because its Plan changed, existing Projects and Team Members remain, but no new ones can be added until the Workspace is within its limits again.

8.4 Fair use

The Service runs on shared infrastructure. The Customer must not place a load on it that is disproportionate to its Plan, in particular by automated requests beyond the documented rate limits, by deploying one site key on many unrelated websites, by using the AI Functions for purposes unrelated to the conversations with its Visitors, or by using the Service as a general data store. Where a Customer's use materially impairs the Service for others, we may throttle it and inform the Customer of the reason and of what would remedy it. We suspend only where throttling does not suffice, and section 23 then applies.

9. Fees, taxes and payment

9.1 Fees

The fees are those displayed for the selected Plan, billing cycle and currency on the pricing page at the time of the Order, or those agreed in an Enterprise Agreement. Fees for paid Plans are payable in advance for the whole billing period (monthly or yearly). The currency selected at the Order governs the contract.

9.2 Payment service provider

Payments are processed by Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland). Payment card and other payment details are entered on Stripe's systems; we do not receive or store them. To create the subscription we transmit to Stripe the e-mail address, the name or company name, the billing address and internal identifiers of the Account and the Workspace; Stripe collects the billing address and the VAT identification number in checkout. The Customer's relationship with Stripe is additionally governed by Stripe's terms. Invoices are available in the billing area of the Dashboard. The Customer can manage its payment method, billing address and invoice history through Stripe's customer portal, which is linked from the billing area. Before checkout is opened, we may require acceptance of the current contract documents under section 4.2.

9.3 Taxes

All fees are stated exclusive of value added tax and of any other tax or duty, which are added where they apply. Tax is determined in checkout on the basis of the billing address and the VAT identification number. Where the Customer is established in another Member State of the European Union and provides a VAT identification number that is valid at the time of the transaction, the reverse charge procedure applies, the invoice is issued without VAT and says so, and the Customer accounts for the tax in its own Member State. The Customer is responsible for the validity of the number it provides. Where a number proves invalid or is not accepted by the tax authorities, the Customer must reimburse us for tax, interest and penalties charged to us as a result. Customers established in Poland are charged Polish VAT.

9.4 Discount codes

Where we issue a discount or promotion code, it can be entered in checkout and applies under the conditions stated when it was issued (for example its validity period, the Plans and billing cycles it applies to and the number of billing periods it covers). Unless stated otherwise, a code can be used once per Customer, cannot be combined with other codes, has no cash value and cannot be applied retrospectively to an Order already placed.

9.5 Trial periods

We do not currently offer trial periods for paid Plans; the Free Plan serves this purpose. Where we offer a trial in future, the conditions displayed in checkout apply, and at the end of the trial the subscription continues as a paid subscription unless it was cancelled beforehand.

9.6 Renewal

Subscriptions renew automatically for a further period of the same length unless cancelled before the end of the current period (section 10.2).

9.7 Complimentary Plans

We may grant a paid Plan free of charge or at a reduced price, for example for testing, partnership or goodwill. Such a grant can be withdrawn with 30 days' notice in text form, unless agreed otherwise; the Workspace then returns to the Free Plan unless the Customer orders a paid Plan. While the grant lasts, the Plan counts as paid for all limits, but section 21.4 applies to it as to a free service.

9.8 Late payment

Where a payment fails or is not made when due, Stripe retries it under its schedule, and the Dashboard shows a notice. The Service continues to run in the meantime. We may charge statutory interest for late payment in commercial transactions and claim the fixed compensation for recovery costs, in each case under the Polish Act of 8 March 2013 on counteracting excessive delays in commercial transactions. After a reminder in text form and a further period of at least 14 days, we may restrict the Workspace to the functions of the Free Plan or suspend it under section 23. Where the subscription ends because payment was not made, the Workspace returns to the Free Plan (section 10.5). Suspension for non-payment does not reduce the fees due.

9.9 Price changes

We may change the fees for paid Plans with effect from the next billing period that begins at least 30 days after notice in text form to the e-mail address of the owner. The Customer may cancel the affected subscription before the new price takes effect; if it does not, the new price applies from that date. Prices agreed for a fixed term in an Enterprise Agreement remain unchanged for that term. A change of the rate of VAT is not a price change within the meaning of this section.

9.10 Refunds and set-off

Fees paid are not refunded unless these Terms provide otherwise or mandatory law requires it. Refunds or credits are due in particular:

No refund is due for a change of mind, for unused time in a billing period, for unused capacity of a Plan, or on cancellation before the end of a period. Refunds are made to the original payment method through Stripe. The Customer may set off only claims that are undisputed or have been finally established by a court.

9.11 Disputed invoices and chargebacks

The Customer should raise any objection to an invoice within 30 days of its date, in text form, stating the reason, so that we can investigate while the underlying records still exist. This does not affect any statutory period. Billing disputes should be raised through the complaints procedure before a chargeback is initiated. If a Customer initiates a chargeback for a fee that was properly invoiced, we may suspend the Workspace until the matter is resolved and, if it happens again, terminate for cause.

10. Term, cancellation and changes of Plan

10.1 Term

The contract for the use of the Service (with the Free Plan) runs for an indefinite period. A paid subscription for a Workspace runs for the billing period ordered and renews under section 9.6.

10.2 Cancelling a paid subscription

The owner can cancel a paid subscription at any time in the billing area of the Dashboard, or by e-mail to contact@lukaswojcik.com from the e-mail address of the owner. The cancellation takes effect at the end of the current billing period: for a monthly subscription at the end of the month paid for, for a yearly subscription at the end of the year paid for. The effective date is shown in the Dashboard. Until that date the paid Plan remains available in full, and the cancellation can be withdrawn in the Dashboard.

10.3 Two-month maximum

Regardless of section 10.2, a cancellation takes effect no later than two months after it is received if the Customer asks for this when cancelling, in particular in order to switch to another provider or to its own infrastructure. Fees paid in advance for the time after that date are refunded pro rata. This implements Article 25(2)(d) of Regulation (EU) 2023/2854 (Data Act) and applies whether or not the Customer falls within its scope.

10.4 Changes of Plan

The Customer can order a different paid Plan for a Workspace through the billing area of the Dashboard or, where the function is offered there, change the Plan through Stripe's customer portal. Where the portal offers a change, the effective date and any pro-rata calculation shown there when the change is confirmed apply. Where no change function is offered, the Customer cancels the current subscription and orders the new Plan, or asks us to carry out the change; we then agree the effective date and any credit with the Customer in text form. A change to a Plan with lower limits does not delete data, but section 8.3 applies to functions and capacity above the new limits. Attachments are subject to the retention period of the Plan in force when the daily clean-up runs.

10.5 End of a paid subscription

When a paid subscription ends, for whatever reason, the Workspace returns to the Free Plan. Nothing is deleted on that occasion: conversations, Knowledge Base, settings and Team Members remain, the Customer can continue to export them, and Projects and Team Members above the Free limits remain in place, though no new ones can be added. The limits of the Free Plan apply from that moment, including its shorter retention period for attachments, so that attachments older than that period are deleted in the next daily clean-up. The Customer should export the attachments it wants to keep before a paid subscription ends.

10.6 Ending the contract altogether

The contract as a whole ends when the Customer deletes its Workspaces and the Accounts acting for it, or asks us to do so, or when it is terminated for cause. Deleting a Workspace or an Account is described in section 24.3. Deleting a Workspace does not cancel a paid subscription; as long as one is running for the Workspace, the deletion is refused and the Workspace is not deleted, and the owner must cancel the subscription first (section 10.2).

10.7 Termination for cause

Either party may terminate the contract, or a paid subscription, with immediate effect for good cause. Good cause exists for us in particular where the Customer is in material breach of sections 11, 12 or 13 or of the Acceptable Use and Anti-Abuse Policy and has not remedied the breach within a reasonable period set in text form; no period is needed where the breach cannot be remedied, where it consists of unlawful processing of personal data or of illegal content, or where waiting would expose us, other Customers or Visitors to serious harm. Good cause also exists where the Customer is more than 30 days in arrears with a payment after a reminder, repeatedly initiates chargebacks for properly invoiced fees, provided false details under section 4.3, or is insolvent or has ceased its payments.

10.8 Termination of the Free Plan by the Operator

We may terminate the use of the Free Plan for a Workspace with 30 days' notice in text form, for example where we discontinue the Free Plan or where a Workspace has not been used for a long time. The data in the Workspace is then handled under section 24.3, and the Customer can export it during the notice period.

11. The Customer's obligations

11.1 The division of responsibility

We supply a tool. On which websites and channels it runs, what Visitors are told, which data is collected and passed on, what the AI Assistant may say, how long data is kept and which integrations receive it is decided by the Customer. The Customer is the controller for the personal data of its Visitors; we are its processor. This reflects who decides: we cannot see the Customer's website, its consent tool or its privacy notice.

11.2 The Customer's warranties

The Customer warrants, for the whole term of the contract, that:

11.3 Agencies and websites of third parties

An agency or other service provider may use the Service for the websites of its clients only where it is authorised to do so and has ensured that the client fulfils the obligations of this section 11. The agency then remains our sole contract partner, answers for its clients as for itself, and must have its own data processing arrangement with each client that permits it to instruct us.

11.4 Knowledge Base content

The Customer is solely responsible for the content of its Knowledge Base: for its accuracy, its being up to date and its lawfulness, for holding the rights needed to use it, and for the decision what to include. The Customer must point the crawler only at websites that it operates or is authorised to crawl, and must not include personal data of third parties in the Knowledge Base unless this is lawful. Answers of the AI Assistant are generated from the Knowledge Base; out-of-date prices, conditions or opening times in the Knowledge Base lead to wrong answers.

11.5 Channels, campaigns and marketing

The Customer must observe the terms and policies of each channel provider, in particular the WhatsApp Business policies of Meta. Campaigns and other promotional messages may be sent only to persons who have given the consent required by law (in Poland in particular under the Electronic Communications Law (Prawo komunikacji elektronicznej) and the Act on providing services by electronic means) and by the channel provider, and the Customer must be able to prove that consent; when importing WhatsApp contacts, the Customer confirms the opt-in and describes its proof truthfully. Where the Service requires the Visitor's consent for Visitors from the GDPR area, the Customer must not circumvent this, for example by passing a false country. Proactive messages in the Widget must not be designed to mislead Visitors.

11.6 Conduct of Team Members

The Customer is responsible for the content of the messages its Team Members send and for how they handle Visitors. Team Members must not use the agent tools to harass or discriminate against Visitors on grounds protected by law, or to deny a service in breach of the Customer's own legal obligations. Blocks under section 6.3 are meant to protect against abuse; a block for up to 365 days must be proportionate to the reason for it. Commands that direct the Visitor to a page or show content in the Visitor's browser must not be used to deceive the Visitor.

11.7 Evaluating the work of Team Members

The Service offers functions that can be used to evaluate the work of Team Members, in particular the rule-based quality evaluation per agent, service targets, statistics per agent and the read log. The AI assessment of quality evaluation is given only for conversations without human participation and is never attributed to a Team Member. Where the Customer uses these functions, it is responsible for complying with the employment and data protection rules that apply to monitoring employees and contractors, including any information, consultation or co-determination requirements, and for not basing decisions about persons solely on such evaluations. The Customer must not use output of the AI Functions to evaluate individual Team Members. The Customer can switch off the evaluation per agent for its Workspace and can show agents under pseudonyms in evaluations.

11.8 Calls, video and co-browsing

Before starting a call, a video call or co-browsing, the Customer must ensure that the Visitor knows what is going to happen and agrees to it. The Customer must not record calls without the information and consent required by law. Team Members must not ask Visitors to show passwords, payment details or other confidential data during co-browsing.

11.9 Cooperation

The Customer must provide the information and cooperation reasonably needed to provide the Service, in particular correct integration of the Widget, correct configuration of channels and consent signals, and prompt answers to our questions about a suspected breach. Where we are prevented from performing by the Customer's failure to cooperate, we are not in default.

11.10 Security on the Customer's side

The Customer must protect the devices and browsers its Team Members use, keep credentials confidential (section 5.5), protect its own website against the injection of foreign scripts, keep the HMAC secret for Visitor identification on its server, and secure the endpoints it names for webhooks, actions and customer data retrieval.

12. Acceptable use

The Customer must not, and must not permit any Team Member, Visitor or other person to, use the Service in a way prohibited by the Acceptable Use and Anti-Abuse Policy, which forms part of the contract. In addition, the Customer must not:

We do not monitor the Customer's use for compliance with this section and assume no duty to do so. Where we become aware of a breach, sections 23 and 25 apply.

13. AI Functions

13.1 How the AI Functions work and where they run

The AI Functions use openly licensed language and embedding models that we operate ourselves on AI nodes in our premises in Łódź, Poland, in the same local network as our server. Only nodes entered in our register of approved nodes receive work; where the register cannot be read, no AI request is processed. We do not use any third-party AI service to process requests of reactive.chat Customers, unless the Customer connects its own AI node under section 13.9. The models currently used and their purposes are described on the AI Act page. Requests from Workspaces on the Free Plan are processed only on the nodes of the first tier, which run a different model than the nodes preferred for paid Plans. We may replace models and nodes; a replacement may change the style and quality of answers.

The AI Assistant answers primarily from the Customer's Knowledge Base and the context of the conversation (including, where the Customer has enabled it, the page the Visitor is viewing). Where the Knowledge Base contains nothing suitable, the AI Assistant may answer general questions from the general knowledge of the language model, or it hands over to the team. Questions about reactive.chat itself may be answered from a knowledge base that we maintain about our product.

13.2 The nature of AI output

The output of the AI Functions is generated by statistical models. It can be wrong, incomplete, out of date or misleading even where it sounds certain, and two identical questions can receive different answers. Some answers are checked automatically before they are shown, for example against figures, days and claims of being free of charge that are not supported by the Knowledge Base; this check reduces errors but does not prevent them. Except as provided in section 21.1, we do not warrant that the output of the AI Functions is accurate, complete, lawful or fit for any purpose, and we are not liable for decisions taken on the basis of it.

Answers of the AI Assistant are statements of the Customer towards its Visitors. Where the Customer's legal relationship with a Visitor depends on the content of an answer (for example a price, a delivery date or a contractual condition), the Customer must ensure that the Knowledge Base is correct and must consider whether to exclude such topics from the AI Assistant.

13.3 Human oversight

The Customer decides whether the AI Assistant answers at all and can switch it off per Project at any time. A Team Member can take over any conversation; once a person has taken over, the AI Assistant no longer answers in that conversation. The Customer must ensure that its Team Members review the behaviour of the AI Assistant before and during use, in particular in regulated or sensitive contexts, and can intervene where necessary. The AI log in the Dashboard shows, per answer, which sources were used and whether the automatic check raised an objection.

13.4 Labelling

The Widget tells Visitors, before the first answer of the AI Assistant, that they are communicating with an AI assistant and that a person from the team can take over, and marks every message of the AI Assistant as AI. When asked, the AI Assistant is instructed to say that it is an AI. The Customer may choose the name of the assistant, but it must not remove, hide or change these notices by overriding texts, by its own CSS or otherwise, and must not otherwise lead Visitors to believe that they are speaking to a person when they are speaking to the AI Assistant.

Drafts, summaries, rewordings and translations that the copilot produces for agents are not labelled as AI when an agent sends them, because the agent reviews and sends them under the agent's own name. The agent who sends such a text adopts it, and the Customer is responsible for it as for any other message of its Team Members.

13.5 No training with Customer Content

We do not use Customer Content to train or fine-tune any model. Individual requests may be used internally to compare model versions before an update; they are not used for training and are not shared with third parties.

13.6 Actions only after confirmation

The Customer can configure actions that the AI Assistant may carry out in other systems, for example looking up the status of an order, showing free slots and booking an appointment through the Customer's Cal.com account, looking up a subscription in the Customer's Stripe account or calling an address the Customer names. The AI Assistant does not act on its own initiative: it can use only the configured actions, our server checks every value, and actions that change something in another system are carried out only after the Visitor has clicked to confirm exactly that action in the conversation; read-only actions run without a separate confirmation. Appointments are booked only for an e-mail address that the Customer's website has signed. The services and endpoints used are third-party services of the Customer (section 18). The Customer is responsible for the configuration of each action, for the systems it connects, and for the consequences of actions carried out as configured.

13.7 AI support for Team Members

The copilot, translation, summaries and handover notes support Team Members; nothing they produce is sent to a Visitor without an action by a Team Member, except automatic translation where the Customer has enabled it. Before text goes to the copilot, e-mail addresses, telephone numbers, long digit sequences, bank and card numbers and similar data are replaced. Where a Project requires consent for AI processing, the copilot and translation run only in conversations in which the Visitor has consented. Translation is available on paid Plans.

13.8 Smart Answer

Smart Answer is a search box for the Customer's website that answers questions with a generated answer from the website's content and the Knowledge Base. It is operated by our Answely service, a separate service of the same legal entity on the same infrastructure. Questions are not written to logs; counters that record the time, the IP address shortened (IPv4 without the last octet, IPv6 to the /48 network), the length of the question and the result, but not its text, are kept for seven days; a generated answer (text and sources, the question only as a hash) can be cached for 24 hours to answer the same question again; whether questions are kept together with the conversations of the Project depends on the Customer's settings. Sections 13.2 to 13.5 apply.

13.9 The Customer's own AI node

On paid Plans the Customer can connect an AI node that it operates itself or has operated by a provider of its choice, and can choose whether that node is used preferentially or exclusively for its Workspace. Requests then go to that node, with the conversation content they contain; where the node is used exclusively, the Knowledge Base content is also converted into vector representations on that node. The choice of the node, of its model, of its operator and of its location is the Customer's; that operator is the Customer's own processor and not our sub-processor. We are not responsible for the availability, security, output or lawfulness of the Customer's node, and sections 13.2 and 21 apply to its output as to ours.

13.10 Roles under the AI Act

For the purposes of Regulation (EU) 2024/1689 (AI Act), we are the provider of the AI Functions as supplied, and the Customer is the deployer of the AI Assistant towards its Visitors. We use the models unchanged and do not train them. The AI Functions are not intended for any of the high-risk purposes listed in Annex III of the AI Act. Two technical limits support this: the AI assessment of quality evaluation is never given for conversations with human participation or attributed to a Team Member, and the AI Functions do not process job applications: before every model job except translation, the content concerned, in particular texts and attachments, is checked for applications, and on a match the job is not issued. Use for the purposes of Annex III point 4 (employment) is excluded (section 12). Where the Customer uses the AI Functions for another high-risk purpose (for example for decisions about access to essential services), it does so on its own responsibility and must comply with the obligations that apply to that use.

13.11 No automated decisions

The AI Functions are not designed to take decisions that produce legal effects for a natural person or similarly significantly affect them (Article 22 GDPR). The Customer must not use their output as the sole basis for such a decision.

14. Chat content and moderation

14.1 We are not a party to conversations

Conversations conducted through the Service take place between the Customer and its Visitors. Messages of Team Members and of the AI Assistant are statements of the Customer; messages of Visitors are statements of the Visitor. We do not adopt any of them and distance ourselves from their content.

14.2 No editorial review, automatic safeguards only

We do not review chat content editorially and do not read conversations to check them. The Service applies automatic safeguards only: before messages of Visitors and Team Members are stored, patterns that look like e-mail addresses, payment card numbers, IBANs, telephone numbers, tax identifiers and secrets such as passwords or access keys are replaced by a placeholder (answers to forms in the chat are stored as entered); messages and connections are checked for spam, floods and abuse by rules; requests that try to make the AI Assistant do work unrelated to the Customer's business are recognised by rules and declined. These safeguards are imperfect, can miss content and can occasionally affect legitimate content.

14.3 Access to content by us

Our staff access Customer Content only where this is necessary to provide support requested by the Customer, to investigate and remedy a malfunction or a security incident, to handle a report under section 25, or to comply with a legal obligation, and only to the extent necessary. The DPA governs such access.

14.4 Reports and measures

Anyone can report content that they consider illegal, as set out in section 25 and in the Acceptable Use and Anti-Abuse Policy. Where we restrict content or an Account, we inform the Customer concerned of the measure and its reasons, unless the law prevents this.

15. Data protection

15.1 Roles

For personal data of Visitors and other Customer Content that the Service processes on the Customer's behalf, the Customer is the controller and we are the processor. The Data Processing Agreement governs that processing, is concluded together with these Terms, and prevails over them in all matters of data protection. For Account Data we are the controller; the Privacy Policy applies.

15.2 Security, sub-processors and backups

The measures we apply are described in the technical and organisational measures. The Customer gives general authorisation for the engagement of the sub-processors listed on the sub-processors page, with the notification and objection procedure set out in the DPA. Among them is the provider of our off-site backup storage: a daily backup copy of our server, encrypted on our server before transfer, with the keys remaining on our server, is held in a Google Cloud Storage bucket in region europe-central2 (Warsaw). Channels, integrations and the Customer's own AI node that the Customer switches on with its own accounts are not our sub-processors (section 18).

15.3 Retention is set by the Customer

The Service does not delete conversations automatically by default. For each Project the Customer can set a retention period between 1 and 3650 days and choose whether expired conversations are deleted completely or anonymised; without such a setting, conversations are kept until the Customer has them, the Project or the Workspace deleted, or until a Visitor's deletion request is carried out. Other periods are fixed by the Service, for example for attachments (by Plan), for imported shop data (90 days) and for callback requests. The Customer can also set a retention period for its Workspace audit log. The access and deletion page and the DPA list the periods.

Because the Customer is the controller, choosing and setting a retention period that complies with the law, and stating it in its privacy notice, is the Customer's responsibility.

15.4 Assistance

We assist the Customer in responding to requests of data subjects and in meeting its obligations under Articles 32 to 36 of the GDPR, as set out in the DPA. Visitors can delete their own data in the Widget or ask for deletion in the conversation where the Customer has enabled this; the Customer can have conversations deleted by setting a retention period, by deleting its Workspace or by asking us to delete individual conversations or a Project, and can export data at any time. Where assistance goes materially beyond what Article 28(3) of the GDPR requires, we may charge for it at our then current rates after telling the Customer in advance.

15.5 Requests addressed to us

Where a Visitor contacts us directly about data processed for a Customer, we do not respond on the merits but forward the request to the Customer without undue delay and tell the Visitor that we have done so, unless the law requires otherwise.

15.6 Location of data and transfers

Our server and our AI nodes are located in our premises in Łódź, Poland. The off-site backup copy is held in the region Warsaw (section 15.2). Certain sub-processors may process data outside the European Economic Area, for example for payment processing, protection of our forms against automated abuse, e-mail and push notifications; the sub-processors page names them with the safeguards used. Channels and integrations that the Customer switches on transfer data wherever their provider processes it.

16. Confidentiality

Each party must keep confidential all information of the other party that is marked as confidential or whose confidentiality is evident from the circumstances, must use it only for the performance of the contract, and must disclose it only to those of its staff and advisers who need it and who are bound by equivalent confidentiality. This does not apply to information that is public without a breach of this section, was already lawfully known to the receiving party, was developed independently, or must be disclosed by law or by order of an authority; in the last case the disclosing party informs the other in advance where this is lawful.

These obligations continue for three years after the end of the contract, and for trade secrets and personal data for as long as they remain protected. Customer Content is confidential information of the Customer. The Service, its architecture, its non-public documentation, individually agreed prices and the content of security reports are confidential information of the Operator.

17. Intellectual property and licences

17.1 Our rights

The Service, the Widget, the Dashboard, the interfaces, the documentation, the name reactive.chat, the logos and all associated rights belong to the Operator or its licensors. Except for the rights expressly granted in these Terms, no right is granted, and all rights are reserved. Third-party components included in the Service, including open-source software and openly licensed models, remain subject to their own licence terms.

17.2 The Customer's right of use

For the term of the contract the Customer receives a non-exclusive, non-transferable, non-sublicensable right to use the Service for its own business purposes, within the limits of its Plan and of these Terms. Team Members exercise this right on the Customer's behalf.

17.3 The Widget code

The Customer may embed the Widget, unmodified and loaded from the address we designate (cdn.reactive.chat or the Customer's custom domain set up under section 6.13), on the websites assigned to its Projects, and may configure it through the Dashboard and the documented configuration options. It must not modify the Widget code, host a copy of it, bundle it into its own build or repurpose its functions. A self-hosted copy would not receive security fixes and could break when the server side changes; for that reason it is prohibited. On the Free Plan, the "Powered by reactive.chat" notice is part of the Widget and must remain visible.

17.4 Customer Content

Customer Content remains the Customer's or the respective rights holder's. The Customer grants us the non-exclusive, worldwide, royalty-free right to store, reproduce, transmit, display and otherwise process Customer Content to the extent necessary to provide, maintain and secure the Service, to fulfil legal obligations and to enforce these Terms. The right ends when the Customer Content is deleted, and it is subject in all respects to the DPA. The Customer warrants that it holds the rights needed to grant it and that Customer Content does not infringe the rights of third parties.

17.5 Aggregated statistics

We may compile and use statistical information about the operation of the Service, such as volumes, error rates, response times, load patterns and the distribution of browsers and devices, to operate, secure, improve and describe the Service. Such information is aggregated and anonymised so that it no longer relates to an identified or identifiable natural person and cannot be attributed to a particular Customer. It never includes the content of conversations or of the Knowledge Base. Where this section and the DPA differ, the DPA prevails.

17.6 Feedback

Where the Customer or its Team Members send us suggestions or ideas, including through the feedback button in the Dashboard, we may use them without restriction, without payment and without attribution. Nobody is obliged to send feedback, and nobody should send us anything they wish to keep to themselves.

17.7 References

We name the Customer or show its logo as a reference only with its prior consent in text form, which can be withdrawn at any time with effect for the future.

18. Third-party services, channels and integrations

18.1 What a third-party service is

The Service can exchange data with third-party services that the Customer chooses: channels (section 6.8), integrations and imports (section 6.11), document sources for the Knowledge Base, single sign-on providers, shop systems, endpoints addressed by webhooks or actions, and the Customer's own AI node. A third-party service is not part of the Service. Its failure, discontinuation, defect or change is not a failure of ours. Where we name a provider, we do so only to identify the service the Customer selects; this is neither a recommendation nor a warranty, and it does not imply cooperation.

18.2 The Customer switches it on and answers for it

Each third-party service is switched on by the Customer with its own credentials and under its own account with the provider, and transfers data on the Customer's instruction. The Customer is responsible for the legal basis of that transfer, for concluding the agreements the recipient requires (including a data processing agreement where the recipient processes personal data on the Customer's behalf), for observing the provider's terms and policies, and for the security of the endpoints it names. Actions taken with the Customer's credentials at the provider count, between the Customer and us, as the Customer's own actions.

18.3 What we owe

Our performance in an integration is limited to sending the data the Customer has caused to be sent to the destination it named, and to receiving and displaying what the provider sends back. We do not owe that an integration works, keeps working, runs at a particular time, is complete or achieves a particular result, and we do not warrant that the recipient receives, accepts, stores or correctly processes the data. A success response from a recipient is not proof of any of this. Delivery to an endpoint that fails is retried for a limited time and then abandoned.

18.4 After the data has left the Service

Once data has left the Service on the Customer's instruction, we no longer control it and cannot retrieve it. Our retention periods do not apply to the recipient's copy, and a deletion carried out in the Service has no effect there.

18.5 Change and removal

A provider may change, restrict or discontinue its interface, terms or prices at any time. We may change, suspend or remove an integration, in particular where a provider changes its interface or terms, where operating it creates a legal or security risk, or where it can no longer reasonably be maintained. There is no claim to the continuation of an integration or to an equivalent replacement; section 7.1 applies where the removal materially reduces the functions of a paid Plan.

18.6 Costs and liability

Fees, quotas and restrictions at the provider are borne by the Customer. Subject to section 21.1, we are not liable for acts, omissions, outages, defects, security incidents or data losses of any provider of a third-party service, or for damage arising from the operation, failure, delay or incompleteness of an integration. The indemnity in section 22 also covers claims of a provider against us arising from the Customer's breach of that provider's terms.

19. Availability, maintenance and support

19.1 No availability commitment

We operate the Service with the care of a diligent professional and aim for high availability. Unless an Enterprise Agreement expressly provides otherwise and describes the measurement method, the exclusions and the remedy, no particular level of availability, no service level agreement, no response or recovery time and no system of service credits forms part of the contract.

19.2 How the Service is hosted

The Service runs on a server that we own and operate in our premises in Łódź, Poland, with AI nodes in the same local network. The same infrastructure also serves other services of the Operator. The Service runs in a production installation at reactive.chat that is separate from the development installation at dev.reactive.chat; changes to the code reach the production installation only through a deliberate transfer of a fixed version. There is no second site to which operation fails over automatically. An outage of that location, of its power supply or of its internet connection therefore interrupts the Service until it is remedied; where the server has to be restored from a backup, data created after the most recent daily backup can be lost.

19.3 Maintenance

We may interrupt the Service for maintenance, updates and security measures. Planned interruptions are, where reasonably possible, placed outside usual business hours in Central European Time and announced in advance in the Dashboard or on the status page. Urgent measures to avert a security risk or a serious malfunction may be carried out without notice.

19.4 Interruptions outside our control

The Service depends on the public internet, on the Customer's website and hosting, on the Visitor's browser and network, and on third-party providers. Interruptions arising there are outside our control and are not a defect of the Service.

19.5 Status page

The status page shows the result of our own automatic checks, carried out every minute, with a history of 90 days. It is provided for information. It can be incomplete or delayed, and it is neither a warranty nor an admission.

19.6 Support

Support is provided in English, German and Polish through the support form and at contact@lukaswojcik.com, on Polish working days. Where the description of a paid Plan names a response time for support, we aim to give a first substantive answer within that time on working days; resolution within that time is not owed. Support covers the Service; it does not cover the Customer's website, its consent tool, its hosting or third-party services, and it is not a development or consulting service.

20. Warranties

20.1 The Service is provided as it is

To the extent permitted by law, the Service is provided "as is" and "as available". We give no warranties or assurances of any kind beyond those expressly stated in these Terms, in particular no warranty that the Service is suitable for a particular purpose, uninterrupted or free from errors, or that every error will be corrected.

20.2 Statutory warranty

The statutory warranty for defects (rękojmia) is excluded, as permitted between entrepreneurs by Article 558 § 1 of the Polish Civil Code. No quality guarantee is given. Section 31 applies to sole traders with consumer protection.

20.3 Reporting defects

Notwithstanding section 20.2, we remedy reproducible errors of the Service within a reasonable time in the course of its ordinary development. The Customer should report errors without undue delay with a description that allows them to be reproduced.

20.4 No warranty of a result

We do not warrant that the use of the Service increases conversions, sales, satisfaction or any other figure, that the AI Assistant answers a particular share of questions, or that any recommendation derived from the Service proves correct.

21. Limitation of liability

This section first states what is not limited, because that part cannot lawfully be limited. Everything after that is limited to the extent the law allows.

21.1 What is not limited

Nothing in these Terms excludes or limits liability for damage caused intentionally, which cannot be excluded in advance under Article 473 § 2 of the Polish Civil Code; for damage caused by gross negligence; for injury to life, body or health; or for any other liability that cannot lawfully be excluded or limited, including under product liability law. We do not limit liability for gross negligence even though Polish law would permit this between entrepreneurs, because Article 13(4)(a) of Regulation (EU) 2023/2854 (Data Act) names such a limitation as unfair.

Claims of data subjects under Article 82 of the GDPR stand outside every limit in this section. A Visitor is not a party to this contract (section 29.9), and nothing the Customer and we agree can cap or remove such a claim. What the parties allocate between themselves, once such a claim has been met, follows Article 82(5) of the GDPR, the DPA and section 22.

21.2 What is excluded

Subject to section 21.1, we are not liable for:

21.3 The cap

Subject to section 21.1, our total liability arising out of or in connection with the contract, on whatever legal basis, is limited to the fees actually paid by the Customer for the affected Workspace in the twelve months preceding the event giving rise to the claim. Several claims in one contract year are aggregated, and the cap applies once per contract year.

21.4 Free Plans, complimentary Plans and beta functions

Where the Service is provided without charge (on the Free Plan, on a complimentary Plan under section 9.7, or in respect of a function marked as beta), our liability is limited to damage caused intentionally or through gross negligence, subject to section 21.1. This limit operates between the parties only and does not affect claims of data subjects under Article 82 of the GDPR.

21.5 Data

The Service is not a backup service for the Customer. Our backups exist so that we can restore the Service after a loss; we do not owe the restoration of individual data from them. Where we are nevertheless liable for the loss of Customer Content, that liability is limited, subject to section 21.1, to the cost of restoring it from an export that the Customer could reasonably have made.

21.6 Notification of claims

The Customer must notify us in text form of any circumstance that it believes may give rise to a claim within 30 days of becoming aware of it. This is a duty of cooperation: server access logs are deleted after at most 15 days, so that later notification can make it impossible for both sides to establish what happened. It does not shorten any statutory limitation period. Where late notification prevents investigation, this is taken into account in determining the extent of our liability.

21.7 Who benefits

The exclusions and limits in this section apply equally to our staff, contractors and sub-processors, and apply to claims in contract, in tort and on any other basis.

21.8 The limits are part of the price

The fees are calculated on the basis of the allocation of risk in this section; without it, the Service could not be offered at these prices. The parties consider this allocation appropriate between entrepreneurs.

22. Indemnity

22.1 Scope

The Customer indemnifies us against all claims, proceedings, administrative fines (to the extent recourse for them is legally permissible), damages, costs and reasonable legal fees that third parties, Visitors, supervisory authorities or other public bodies assert against us, in so far as they arise from:

The indemnity does not apply where the Customer is not responsible for the breach.

22.2 Conduct of claims

We notify the Customer of such a claim without undue delay, do not acknowledge or settle it without the Customer's consent (which may not be unreasonably withheld), and give the Customer the opportunity to defend it at its own cost, with the information and assistance it reasonably requires.

22.3 Relationship to the GDPR

This section does not change the allocation of responsibility between controller and processor under Article 82 of the GDPR, and does not exclude our liability for a breach of our own obligations as processor. It governs the position between the parties.

23. Suspension

We may suspend access to the Service, to a Workspace, to a Project or to individual functions, in whole or in part, where:

We limit the suspension to what is necessary, inform the Customer of the reason without undue delay (in advance where this does not defeat the purpose), and state what would remedy it. A suspension does not relieve the Customer of the obligation to pay for the period concerned, unless the suspension was not attributable to the Customer. During a suspension the Widget may stop working on the Customer's website; messages that Visitors could not send in that period cannot be recovered. Access to export the Customer's data is restored on request unless the suspension rests on a legal obligation or on a serious risk to others.

24. Export, switching and deletion

24.1 Export during the contract

While the contract is in force, the Customer can export its data at any time without charge: per Project in the Dashboard as JSON, or as a ZIP archive of CSV files that also contains attachments up to a total of 2 GiB, as well as through the API. The export contains conversations, messages, Visitor traits, attachments, Knowledge Base content collected or entered in the Service, Project settings and many other records; the team list in the export contains identifiers and roles but not names or e-mail addresses. Data that the self-service export does not contain, such as the original files uploaded to the Knowledge Base or the names and e-mail addresses of the team, is provided on request by e-mail. Each Team Member can also export the data of their own Account in the Dashboard. The Data Act page describes the formats and the process.

24.2 When a paid subscription ends

When a paid subscription ends, nothing is deleted; the Workspace continues on the Free Plan (section 10.5), and export remains possible without a time limit.

24.3 Deleting a Workspace, a Project or an Account

The owner can delete a Workspace, and each person can delete their Account, in the Dashboard; the Customer can also ask us by e-mail to do so. A Project can be archived in the Dashboard; to have a Project or individual conversations deleted, the owner or an admin asks us by e-mail. A deletion takes effect after a grace period of 30 days, during which it can be withdrawn. After that period the data concerned is erased from the live system. Deleting a Workspace erases its Projects, conversations, attachments, Knowledge Base and settings; deleting an Account erases that person's Account Data and memberships. The Customer should export what it needs before starting a deletion. Where the Customer wants the erasure to take place before the end of the grace period, it can ask us to do so.

24.4 Switching under the Data Act

The Customer may at any time switch to another provider or to its own infrastructure, or have its exportable data erased. The notice period never exceeds two months (section 10.3). After the notice period the Customer has a transition period of 30 days, during which the Service remains available under the existing contract and we provide reasonable assistance; where that is technically not feasible, we say so within 14 working days of the request, give the reason and name an alternative period of not more than seven months. Because the Workspace continues on the Free Plan after a paid subscription ends and is deleted only on request, the exportable data remains retrievable for at least 30 days after the transition period. We charge nothing for switching or export. The Data Act page sets out the details, the exportable data and the formats; this section implements Chapter VI of Regulation (EU) 2023/2854.

24.5 Backups

Backups are the exception to erasure, and it is stated here with figures. A backup of our server, including all databases and files, is made every day, encrypted on our server and held off-site; daily copies are kept for 7 days, and one copy per week for 364 days. A copy of the same backup is also held locally for about 8 days, and a separate daily copy of the reactive.chat database is held locally for 30 days. Data erased from the live system therefore remains in backups until they expire, for at most 364 days. Backups are not searched, not analysed and not made available to anyone; they serve only to restore the system after a loss. Individual data is not erased from a backup, because a backup is a single sealed image of one point in time. Where a backup is restored, we will re-apply the deletions recorded since the date of that copy before the system returns to service, to the extent the records allow; a deletion that was requested after that date but had not yet been carried out because its waiting period of 30 days was still running is not recorded and may need to be requested again; we carry it out on request.

24.6 What remains after a deletion

The following remains after the erasure of a Workspace or an Account, because the law requires it or because it documents a decision rather than a person:

24.7 Removing the Widget

On deletion of a Project or Workspace the Customer must remove the Widget from its websites. Until it does so, Visitors' browsers may continue to request the Widget; we may cause it to stop working for a deleted site key, and are not liable for any effect of that on the Customer's website.

24.8 Requests by authorities of third countries

Where a court or authority of a country outside the European Union demands access to Customer Content held by us, we comply only where the demand is based on an international agreement in force, in particular a mutual legal assistance treaty, or where Union or Member State law otherwise requires it. Otherwise we do not comply without prior legal review, and if we must disclose, we disclose the minimum permissible. Before disclosing, we inform the Customer in text form so that it can seek legal protection, unless we are legally prohibited from doing so; in that case we inform it as soon as the prohibition ends. Because the off-site backup copy is encrypted on our server before transfer and the keys stay on our server, the storage provider cannot produce readable data in response to a request addressed to it. This section implements Article 32 of Regulation (EU) 2023/2854.

24.9 Survival

Sections 4.2, 9 (for sums already due), 11.2, 16, 17, 20, 21, 22, 24, 29 and 30 survive the end of the contract, together with any other provision whose nature implies that it should.

25. Reports of illegal content or misuse

Anyone can report to contact@lukaswojcik.com, or through the support form, that the Service is used for illegal content or in breach of these Terms, for example that the Widget is deployed on a website without authority or that a conversation contains illegal content. A report should identify the website, Project or conversation concerned, describe the alleged unlawfulness and give a contact address. The Acceptable Use and Anti-Abuse Policy sets out how reports are handled.

We examine sufficiently precise reports without undue delay and may request further information. Where a report is well founded, we act under sections 7.3, 10.7 or 23. We inform the reporting person of the decision where this is lawful and practicable, and the affected Customer of the report and of any measure, with reasons, unless the law or an authority prevents this. Reports about ordinary business conversations that are not illegal are forwarded to the Customer, because we are not a party to the conversation. A report is not a complaint about the Service; complaints are handled under section 28.

26. Force majeure

Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, epidemic, strike, failure of the public internet, of the internet access provider or of the public power supply, cyber attacks on infrastructure outside its control, and acts of public authorities. The affected party informs the other without undue delay and resumes performance as soon as it can. Where the event lasts longer than 60 days, either party may terminate the affected paid subscription with immediate effect; fees paid in advance for the period after termination are refunded pro rata. A shortage of funds is never force majeure.

27. Changes to these Terms

We may change these Terms, in particular to reflect changes in the law, in the case law, in the Service or in its providers. We notify the Customer of a change at least 30 days before it takes effect by e-mail to the address of the owner of each Workspace and by a notice in the Dashboard, stating what changes and when.

The Customer may object to the change in text form before it takes effect. If it objects, the contract continues on the existing Terms until the end of the current billing period of a paid subscription and then ends; for a Workspace on the Free Plan it ends on the date the change takes effect. Instead of objecting, the Customer may cancel a paid subscription with effect from the date the change takes effect and receive a pro-rata refund of fees paid in advance for the period after that date. If the Customer does not object and continues to use the Service after that date, the changed Terms apply. We point this out expressly in the notice.

Changes that are required by law, by a court or authority decision, or to avert an imminent security risk may take effect at shorter notice or immediately; we notify them as soon as possible and explain the reason. Purely linguistic changes, corrections of obvious errors and changes exclusively to the Customer's advantage may be made without notice.

Every version is identified by its number and effective date, and every change is recorded in the contract changelog. Because the acceptance record (section 4.2) contains a checksum and the full text of the version accepted, it can be established which version a Customer accepted. Changed versions are not generally presented for renewed acceptance in the Dashboard, only before an Account without an acceptance record of the current version creates a Workspace of its own, accepts a transfer or orders a paid Plan (section 4.2); otherwise they bind the Customer under this section 27.

28. Complaints

Complaints about the Service can be submitted at any time by e-mail to contact@lukaswojcik.com or through the support form. A complaint should state the e-mail address of the Account or the Workspace concerned, describe the problem and when it occurred, and state what the Customer expects. We confirm receipt and answer in text form within 14 days of receipt; where a complaint is incomplete, we ask for what is missing. The complaints page describes the procedure, which is provided under Article 8 of the Polish Act on providing services by electronic means. Making a complaint is not a precondition for going to court.

29. General provisions

29.1 Assignment

The Customer may transfer the contract or rights under it to a third party only with our prior consent in text form, which we will not withhold unreasonably; a transfer of a Workspace under section 5.7 is permitted. We may transfer the contract to a successor in connection with a merger, a conversion or a transfer of the business to which it relates, and inform the Customer; where the successor is established outside the European Economic Area, the Customer may terminate with effect from the date of the transfer.

29.2 Subcontractors

We may use subcontractors to perform our obligations and remain responsible for them as for ourselves. The engagement of sub-processors is governed by the DPA.

29.3 Entire agreement

The documents listed in section 3.1 contain the entire agreement between the parties on their subject matter and replace earlier statements, offers and correspondence. This does not exclude liability for fraudulent misrepresentation.

29.4 Severability

If a provision of these Terms is or becomes invalid, unenforceable or incomplete, the remaining provisions are unaffected. The invalid provision is replaced by the statutory rule or, failing that, by the valid provision that comes closest to its economic purpose. Where a provision is invalid only in part or only in relation to a particular Customer, it remains effective for the rest and for every other Customer.

29.5 Notices and text form

Notices under these Terms are given in text form (for example by e-mail): to the Customer at the e-mail address of the owner of the Workspace concerned or of the Account concerned, or by a message in the Dashboard; to us at contact@lukaswojcik.com or at the postal address in section 1.1. A notice sent to the e-mail address held by us is effective when it is sent, unless the sender learns that it was not delivered. Cancellations, objections under section 27 and terminations must be given in the Dashboard or in text form; a message in a chat window is not sufficient. Where these Terms require text form, written form also suffices.

29.6 No waiver

A failure or delay in exercising a right is not a waiver of it. A waiver is effective only if given in text form and only for the case stated.

29.7 No partnership

The parties are independent contractors. Nothing in the contract creates a partnership, a joint venture, an agency, an employment relationship or a joint controllership within the meaning of Article 26 of the GDPR.

29.8 Headings and examples

Headings are for orientation and do not affect interpretation. Where a list is introduced by "including", "in particular" or "for example", it is illustrative and not exhaustive.

29.9 Third parties

The contract confers rights only on the parties. Visitors and other third parties acquire no rights under it; their rights under data protection law arise independently of it and are unaffected.

30. Governing law, jurisdiction and language

30.1 Governing law

The contract and all non-contractual obligations arising out of or in connection with it are governed by the law of the Republic of Poland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

30.2 Jurisdiction

The courts having jurisdiction over the registered office of the Operator in Łódź, Poland, have exclusive jurisdiction over all disputes arising out of or in connection with the contract, including disputes about its existence, validity or termination. This agreement is concluded under Article 25 of Regulation (EU) No 1215/2012 and Article 46 of the Polish Code of Civil Procedure. We remain entitled to bring proceedings at the Customer's general place of jurisdiction. The jurisdiction of courts for interim relief and the powers of supervisory authorities are unaffected.

30.3 Language

The contract language is English. These Terms are also published in German (/de/p/nutzungsbedingungen) and Polish (/pl/p/regulamin) for convenience. In the event of any divergence the English version prevails. The same applies to the other documents listed in section 3.1. Notices may be given in English, German or Polish.

31. Special provisions for sole traders with consumer protection

31.1 Who this section applies to

This section applies to Customers within the meaning of section 1.4: natural persons who conclude the contract directly in connection with their business activity where the contract is not of a professional nature for them. For them, this section prevails over every other provision of these Terms. Where a provision of these Terms conflicts with a mandatory provision protecting them, it does not apply to them, and the statutory rule takes its place.

31.2 Control of unfair terms

Under Article 385^5 of the Polish Civil Code, the provisions on prohibited contractual clauses (Articles 385^1 to 385^3) apply to such Customers. A provision of these Terms that would be a prohibited clause in relation to them does not bind them; this concerns in particular, to that extent, the exclusions and limits in sections 20 and 21, the indemnity in section 22, the right to change these Terms in section 27 and the agreement on jurisdiction in section 30.2. The other provisions remain binding.

31.3 Liability for defects

The exclusion of the statutory warranty in section 20.2 does not apply to such Customers to the extent Article 556^4 of the Polish Civil Code or other provisions extend the consumer rules on liability for defects to them. Article 576^5 of the Polish Civil Code applies to any guarantee.

31.4 Right of withdrawal

Under Article 38a of the Polish Consumer Rights Act, such a Customer may withdraw from a contract concluded at a distance within 14 days of its conclusion without giving reasons. The right of withdrawal page sets out the conditions, how to withdraw, the model form and the consequences. After a withdrawal from a paid subscription, the Workspace returns to the Free Plan, and the data in it remains (section 10.5).

Paid Plans are activated immediately after payment. Where such a Customer withdraws after the activation, it owes only the amount provided for in Article 35 of the Polish Consumer Rights Act, and only where it expressly requested performance before the end of the withdrawal period and was informed of the consequences; where no such request was recorded, it owes nothing for the time before the withdrawal, and we refund all payments within 14 days.

31.5 Complaints

Under Article 7aa in conjunction with Article 7a of the Polish Consumer Rights Act, we answer complaints of such Customers within 14 days; if we do not answer within that period, the complaint is deemed to have been accepted.

31.6 What applies unchanged

Anyone embedding the Widget in a website is, in data protection terms, the controller for the Visitors of that website. Sections 11 to 15 and the DPA therefore apply to such Customers unchanged; that is not a clause in our favour but the statutory allocation of roles.

32. Contact and version

LW IT Solutions Company Lukas Wójcik, al. Tadeusza Kościuszki 80/82, lok. 301, 90-437 Łódź, Poland, VAT ID PL7252266190, contact@lukaswojcik.com. The competent data protection supervisory authority is the President of the Personal Data Protection Office (Prezes UODO), ul. Stawki 2, 00-193 Warsaw, Poland.

Related documents: Data Processing Agreement, technical and organisational measures, sub-processors, Acceptable Use and Anti-Abuse Policy, Privacy Policy, AI Act, Data Act, right of withdrawal, complaints, contract changelog, Imprint.

Version 2.0 replaces version 1.0 of 1 September 2026 in its entirety. The main changes are recorded in the contract changelog.

Version 2.1 supplements version 2.0 of 11 October 2026 with the functions added since then: routing, flow editor, versions and test runs (6.3); AI functions (6.4); knowledge-base files and Google Drive (6.5); e-mail channel and Telegram (6.8); campaigns with the consent requirement for the GDPR area and WhatsApp opt-ins (6.9, 11.5); calls, screen sharing and co-browsing (6.10); evaluation of Team Members (11.7); excluded use for job applications (12, 13.10); bot actions (13.6).

Version 2.2 replaces version 2.1 of 11 October 2026. Corrected: roles for restricting permissions and requesting deletion (5.3, 24.3); Google Drive access and embedding on the Customer's own AI node (6.5, 13.9); monthly conversation limit not enforced (8.3); Data Act references (10.3, 21.1); Smart Answer counters and cache (13.8); patterns replaced before storage (14.2); current hosting without a separate production environment (19.2); log periods (21.6, 24.6).

Version 2.3 replaces version 2.2 of 12 October 2026. Corrected: Free Plan only on the first tier of AI nodes (13.1); Smart Answer counters with a shortened IP address (13.8); recognition of job applications before every model job except translation (13.10); no deletion of a Workspace while a paid subscription is running, without the former refund on request (10.6); consent records of Visitors and the company logo no longer remain after a deletion, support requests without an Account deleted after 365 days (24.6). Supplemented on 16 October 2026: declaration of registering as a business, not as a consumer (1.3, 4.2); deletions still in their waiting period when a backup is restored (24.5). Further supplemented on 16 October 2026: acceptance of these Terms, the DPA and the declaration before an Account without an acceptance record of the current version creates a Workspace of its own or accepts a transfer (4.1, 4.2, 5.7).

Version 2.4 replaces version 2.3 of 16 October 2026. Changed: acceptance of the current contract documents before a paid Plan is ordered, with the record written before checkout is opened (4.2, 9.2); renewed presentation of changed versions (27).

Version 2.5 replaces version 2.4 of 17 October 2026. Changed: the Service runs in a production installation separate from the development installation (19.2). The rights and obligations of the parties are unchanged.

Version 2.5 – effective 19 October 2026.

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