TERMS OF SERVICE
This Terms of Service Agreement (hereinafter referred to as the "Agreement") is entered into between Sole Proprietor Serhii Shypylov (1it.pro, ai.1it.pro, automatify.tech), registered under the laws of Poland (hereinafter referred to as the "Service Provider"), and any natural person or legal entity who accepts the terms of this Agreement by using the Service Provider's Services (hereinafter referred to as the "User").
1. DEFINITIONS
1.1. Services – services related to AI infrastructure and automation provided by the Service Provider to the User under the terms defined in this Agreement and/or separate agreements between the Parties. This may include, but is not limited to: consulting, development, implementation, support, and optimization of AI infrastructure solutions, and AI-driven process automation.
1.2. Website – the Service Provider's website located at 1it.pro, ai.1it.pro, automatify.tech (and/or other related domains).
1.3. Parties – the Service Provider and the User collectively.
2. SUBJECT OF THE AGREEMENT
2.1. The Service Provider undertakes to provide the User with Services in accordance with the terms of this Agreement and User's orders, and the User undertakes to accept and pay for the Services rendered.
2.2. The detailed description, scope, cost, and timelines for specific Services shall be agreed upon by the Parties in separate orders, invoices, or addenda, which shall form an integral part of this Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Service Provider undertakes to:
3.1.1. Provide Services with due quality and within the agreed timelines.
3.1.2. Maintain the confidentiality of information received from the User during the provision of Services, in accordance with the Privacy Policy.
3.1.3. Inform the User about the progress of Services upon request.
3.2. The Service Provider has the right to:
3.2.1. Receive from the User information and materials necessary for the provision of Services.
3.2.2. Suspend the provision of Services if the User breaches the terms of this Agreement, including payment terms.
3.2.3. Engage third parties (subcontractors) for the provision of Services, while remaining responsible to the User for their actions.
3.3. The User undertakes to:
3.3.1. Timely and fully pay for the Service Provider's Services.
3.3.2. Provide the Service Provider with all necessary information, data, and access to resources for the proper provision of Services.
3.3.3. Not use the results of the Services for unlawful purposes or in ways that infringe upon the rights of third parties.
3.3.4. Comply with all applicable laws and regulations when using the Services.
3.4. The User has the right to:
3.4.1. Receive Services of proper quality and within the agreed timelines.
3.4.2. Receive information about the progress of Services.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. The cost of Services is determined based on the Service Provider's tariffs effective at the time of ordering, or as individually agreed upon by the Parties for each project/order.
4.2. Payment for Services shall be made by the User based on invoices issued by the Service Provider within the terms and in the manner specified in the invoice or separate agreements.
4.3. All payments shall be made in the currency specified in the invoice. Bank and payment system fees shall be borne by the User unless otherwise agreed by the Parties.
5. INTELLECTUAL PROPERTY
5.1. All intellectual property rights to materials, developments, software, methodologies, and tools created by the Service Provider prior to or independently of the provision of Services under this Agreement (Pre-existing Works) shall remain with the Service Provider.
5.2. Intellectual property rights to the results of Services created specifically for the User under this Agreement (New Developments) shall be transferred to the User upon full payment for the respective Services, unless otherwise agreed by the Parties in writing.
5.3. The User grants the Service Provider a non-exclusive, royalty-free license to use the materials provided by the User (including data and content) solely for the purpose of providing Services under this Agreement.
5.4. The User warrants that they have all necessary rights to the materials they provide to the Service Provider.
6. CONFIDENTIALITY
6.1. The Parties undertake to maintain the confidentiality of any information received from each other in the course of performing this Agreement, which is designated as confidential or is evidently confidential by its nature.
6.2. Confidentiality provisions are detailed in the Service Provider's Privacy Policy, which is an integral part of this Agreement.
7. LIABILITY OF THE PARTIES AND LIMITATION OF LIABILITY
7.1. For non-performance or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with applicable law and the terms of this Agreement.
7.2. The Service Provider shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including, but not limited to, lost profits, loss of data, or business interruption, arising out of or in connection with the provision of Services.
7.3. The aggregate liability of the Service Provider for any claims arising from or in connection with this Agreement shall be limited to the amount actually paid by the User for the Services that gave rise to the claim in the last 3 (three) months prior to such claim.
7.4. The Service Provider is not responsible for the operation and availability of third-party services, software, or equipment used by the User or integrated with the Services.
8. FORCE MAJEURE
8.1. The Parties shall be released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance resulted from circumstances of force majeure that arose after the conclusion of the Agreement and which the Parties could not foresee or prevent by reasonable measures.
8.2. The Party for whom it has become impossible to fulfill its obligations must immediately notify the other Party of the occurrence and termination of such circumstances.
9. TERM OF THE AGREEMENT AND TERMINATION PROCEDURE
9.1. This Agreement shall enter into force upon its acceptance by the User (by starting to use the Services or by any other means evidencing acceptance of the terms) and shall remain in effect until the Parties fully perform their obligations or until its termination.
9.2. The Agreement may be terminated:
9.2.1. By mutual agreement of the Parties.
9.2.2. By the User by sending a written notice to the Service Provider 30 (thirty) days prior to the desired termination date.
9.2.3. By the Service Provider by sending a written notice to the User 30 (thirty) days prior to the desired termination date, or immediately in case of the User's breach of the Agreement.
9.3. Termination of the Agreement does not release the User from the obligation to pay for Services actually rendered.
10. FINAL PROVISIONS
10.1. This Agreement shall be governed by and construed in accordance with the laws of Poland.
10.2. All disputes and disagreements arising from or in connection with this Agreement shall be resolved through negotiations. If no agreement is reached, the dispute shall be referred to the competent court at the Service Provider's place of registration.
10.3. The Service Provider has the right to amend this Agreement unilaterally. Amendments shall take effect from the moment of their publication on the Website or notification to the User by other means. The User's continued use of the Services after amendments are made signifies their consent to such amendments.
10.4. If any provision of this Agreement is found to be invalid or unenforceable, this shall not affect the validity of the other provisions.
10.5. All notices and communications under this Agreement must be sent in writing (including email) to the addresses specified below or provided by the User.
11. SERVICE PROVIDER'S DETAILS
Sole Proprietor Serhii Shypylov (1it.pro, ai.1it.pro, automatify.tech)
Registered Address: Naramowicka 43, 61-622 Poznań, Poland
NIP (Polish Tax ID): 5242983865
REGON: 526396427
Email: [email protected]
Website: 1it.pro, ai.1it.pro, automatify.tech