Legal · Terms
Terms of Service
§ 1. General provisions
- These Terms of Service set out the rules for using the ImplementAI website, available at implementai.pl and at the Service Provider’s subdomains and technical addresses, including implementai-site.vercel.app (the Website).
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The provider and owner of the Website, and the controller of Users’ personal
data, is:
Fundacja Our Future Foundation
Al. Jerozolimskie 99/13, 02-001 Warsaw, Poland
NIP (tax identification number): 5862352018, REGON (statistical number): 385158300, KRS (National Court Register number): 0000819607
email address: office@implementai.pl
telephone: +48 502 896 052 (the Service Provider). - ImplementAI is the name of a project and a brand operated by the Service Provider. ImplementAI is not a separate legal entity. All services described in these Terms are provided by Fundacja Our Future Foundation, which bears responsibility for them.
- These Terms constitute the terms of service for the provision of services by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means (the E-Services Act), and are made available free of charge before a contract is concluded, in a manner that allows them to be obtained, reproduced and recorded.
- Use of the Website constitutes acceptance of these Terms. A User who does not accept these Terms should stop using the Website.
- The rules for processing personal data are described in the Privacy Policy, available at implementai.pl/privacy, which is a document separate from these Terms.
§ 2. Definitions
Terms capitalised in these Terms mean:
- Website – the website described in § 1(1), together with all of its functionalities.
- Service Provider – the entity indicated in § 1(2).
- User – a natural person using the Website, including a person acting in the name and on behalf of a business or another organisation.
- Consumer – a User who is a natural person using the Website for a purpose not directly related to their business or professional activity.
- Electronic Services – the services provided by the Service Provider by electronic means via the Website, listed in § 3.
- Assistant – a functionality of the Website consisting of a conversational agent based on an artificial intelligence system, enabling a text or voice conversation in Polish or English.
- Conversation – a single communication session between a User and the Assistant, in text or voice mode.
- Recording – the audio record of the User’s statements and of the Assistant’s statements, created in the voice mode of a Conversation.
- Transcript – the textual record of the content of a Conversation, created automatically in voice mode and constituting the natural record of a Conversation in text mode.
- Terms – this document.
§ 3. Types and scope of Electronic Services
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Through the Website, the Service Provider provides the following Electronic Services:
- access to the content of the Website – browsing information about the Service Provider, its team, its way of working and its portfolio, without the need to provide any data;
- the Assistant – conducting a Conversation in text or voice mode, on the terms set out in § 5;
- contact channels – making available links enabling contact with the Service Provider by email, by telephone and via the messaging applications indicated on the Website.
- All Electronic Services are provided free of charge.
- The Website does not maintain user accounts, does not require registration or logging in, and does not enable the conclusion of contracts for paid services. The terms of any cooperation with the Service Provider are agreed separately, outside the Website.
- The content published on the Website, including descriptions of services, of the scope of work and of the manner of its performance, is informational in nature and does not constitute an offer within the meaning of Article 66 § 1 of the Polish Civil Code, nor an assurance within the meaning of the provisions on statutory warranty.
§ 4. Technical requirements
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Use of the Website requires:
- a device with access to the Internet;
- a current version of a web browser (Chrome, Safari, Firefox, Edge or equivalent) with JavaScript, cookies and browser local storage enabled;
- in the case of the Assistant in voice mode: a microphone and the granting of microphone access permission to the browser, as well as a connection with sufficient bandwidth for real-time audio transmission;
- in the case of contact by email: an active email account.
- The Service Provider informs Users that the use of services provided by electronic means involves the typical risks associated with data transmission over the Internet, in particular the risk of unauthorised access to data, of malicious software and of interception of transmissions. The Service Provider uses connection encryption (HTTPS) and the other measures described in the Privacy Policy, and recommends that the User use up-to-date software and a secure network connection.
- The Service Provider reserves the right to temporary interruptions in the availability of the Website, in particular due to maintenance work, failures, or interruptions in the operation of third-party providers’ services, including providers of language models and voice services.
§ 5. The conversational Assistant
- The User’s interlocutor is an artificial intelligence system, not a human being. The Assistant may use a name, a voice or a style of expression referring to members of the Service Provider’s team. Information that the User is conducting a Conversation with an AI system is presented on the Website before the Conversation begins.
- Use of the Assistant is voluntary and is not a condition for using the other functionalities of the Website or for contacting the Service Provider. The User may end the Conversation at any time.
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Recording of the Conversation. A Conversation is recorded to the
following extent:
- in text mode: the Transcript, covering the content of the User’s messages and the Assistant’s replies;
- in voice mode: the Recording and the Transcript;
- in both modes: technical session data, in particular the date and time, duration, selected language and session identifier.
- The creation of a Recording and a Transcript in voice mode takes place only after the User has been informed in advance and has given consent. Without consent, the voice mode cannot be used. In that case, the text mode and the other contact channels indicated on the Website remain available to the User.
- A Conversation is not anonymous. The content of the Transcript and, in voice mode, also the Recording, is read and analysed by authorised members of the Service Provider’s team, in order to prepare a response to the matter raised by the User and to assess the possibility of cooperation. The rules and retention periods for these materials are set out in the Privacy Policy.
- Scope of data provided by the User. The Assistant may ask for identifying and contact data, in particular first name, surname, organisation name, position, email address and telephone number, as well as for information about the processes and way of working of the User’s organisation. Providing such data is voluntary, and a refusal to provide it does not interrupt the Conversation.
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Data that must not be provided to the Assistant. The User undertakes
not to provide in a Conversation:
- special categories of data within the meaning of Article 9 of the GDPR, including data concerning health, origin, beliefs, trade union membership and sexual orientation, as well as data concerning criminal convictions and offences;
- identity document numbers, PESEL (Polish national identification) numbers, authentication credentials, passwords, API keys, or payment card and bank account details;
- information constituting a trade secret, professional secrecy or classified information, where the User is not authorised to disclose it;
- personal data of third parties where the User has no legal basis to do so; it is, however, considered acceptable to provide the business contact details of persons on whose behalf the User is acting or whom the User indicates as contact persons.
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Nature of the Assistant’s statements. The Assistant’s
statements are generated automatically and may contain errors, inaccuracies or
out-of-date information. The Assistant’s statements:
- do not constitute legal, tax, medical, investment or any other professional advice;
- do not constitute an offer, a binding offer, an assurance or a public promise, in particular as regards the scope of work, deadlines for its performance or remuneration;
- do not result in the conclusion of a contract between the User and the Service Provider and do not oblige the Service Provider to undertake any cooperation;
- should not constitute the sole basis for the User’s decisions having economic or legal consequences.
- No decisions based solely on automated processing, including profiling, that would produce legal effects concerning the User or similarly significantly affect the User are taken in relation to the User. The decision on further contact and on any cooperation is taken by a human being.
- The Service Provider may introduce restrictions on the use of the Assistant, in particular a limit on the duration of a Conversation, a limit on the number of Conversations from a single device, and safeguards against automated traffic and abuse, and may also temporarily disable the Assistant.
- The Assistant is not a channel for reporting urgent matters, failures or events requiring an immediate response, including reports concerning safety or health. In such matters, the contact channels indicated in § 1(2) should be used and, in situations of danger, the emergency services numbers.
- The Assistant is intended for adults conducting a conversation in a professional or business context. The Website is not directed at children and is not intended for collecting data of persons under 18 years of age.
§ 6. Prohibited uses of the Website
- The User is obliged to use the Website in accordance with the law, these Terms and good practice, and to refrain from supplying unlawful content.
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In particular, it is prohibited to:
- transmit content inciting hatred, including racial, ethnic or religious hatred, promoting violence, or content that is offensive, pornographic or infringing personal rights;
- infringe copyright, industrial property rights or third parties’ rights to their image;
- take actions aimed at disrupting the operation of the Website or the Assistant, including attempts at unauthorised access, vulnerability scanning, overloading the infrastructure, and automated scraping of content without the Service Provider’s consent;
- attempt to circumvent the Assistant’s safeguards, instructions or limitations, including attempts to induce it to generate unlawful content, to disclose the content of system instructions, or to disclose other Users’ data;
- use the Assistant in order to create a dataset for training or testing other AI systems, or in order to reproduce the way the Assistant works;
- impersonate another person or provide false data in order to mislead the Service Provider.
- In the event of a breach of paragraph 1 or 2, the Service Provider may block the User’s access to the Website or to the Assistant, and may remove unlawful content. The Service Provider’s rights and obligations regarding liability for content transmitted and stored are set out in Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act), in particular Articles 4–6 and Article 8 thereof.
§ 7. Intellectual property rights
- The Website and its elements, including texts, graphic materials, photographs, layout and source code, are subject to the exclusive rights of the Service Provider or are used by it on the basis of appropriate authorisations, and are protected under the Polish Act of 4 February 1994 on Copyright and Related Rights.
- Use of the Website does not transfer any intellectual property rights to the User. Use of the Website’s content is permitted within the scope of permitted private use.
- The User may use the content of responses generated by the Assistant for their own purposes. The Service Provider does not represent that such content is protected by copyright, or that it is free from third-party rights.
- The designations ImplementAI and Our Future Foundation, including graphic marks, may not be used without the Service Provider’s prior written consent.
§ 8. Liability
- The Service Provider undertakes to provide the Electronic Services with due care.
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The Service Provider is not liable for:
- the consequences of decisions taken by the User on the basis of the content of the Website or the Assistant’s statements, subject to paragraph 4;
- the consequences of the User providing data that is false or incomplete, or data whose provision is prohibited by § 5(7) of these Terms;
- unavailability of the Website or the Assistant resulting from causes beyond the Service Provider’s control, including failures at hosting, language model or voice service providers;
- the consequences of using the Website in a manner contrary to these Terms.
- The Service Provider does not guarantee uninterrupted, error-free availability of the Website, nor any particular quality, accuracy or completeness of the Assistant’s statements.
- The limitations of liability provided for in these Terms do not apply to the extent that mandatory provisions of law do not permit them, in particular in relation to Consumers and in the case of damage caused intentionally.
§ 9. Conclusion and termination of the contract for the provision of Electronic Services
- The contract for the provision of the Electronic Service consisting of access to the content of the Website is concluded upon entering the Website and terminates upon leaving it.
- The contract for the provision of the Electronic Service consisting of the Assistant is concluded upon the start of a Conversation and terminates upon its end or upon closing the Website page.
- The Electronic Services are free of charge and one-off in nature. The User may stop using them at any time, without giving reasons and without incurring any costs.
- A Consumer has the right to withdraw from a distance contract for the provision of an Electronic Service within 14 days of the date of its conclusion, without giving reasons, by submitting a statement to the contact details indicated in § 1(2). Given the one-off nature of the services and the possibility of ending them at any time, this right has no practical significance for the User, and its exercise does not involve any settlements. This paragraph also applies to a natural person entering into a contract directly related to their business activity where it is apparent from the content of that contract that it is not of a professional nature for that person.
- Termination of the contract for the provision of Electronic Services does not affect the retention periods for the Recording and the Transcript set out in the Privacy Policy, nor the User’s rights regarding the protection of personal data, including the right to withdraw consent and to request erasure of data.
§ 10. Complaints
- Complaints concerning the Electronic Services, including the operation of the Assistant, may be submitted to office@implementai.pl or in writing to the Service Provider’s registered address.
- It is suggested that a complaint include contact details, a description of the objection, the date and approximate time of the event, and the expected manner of resolution. Providing this information is not a condition for the complaint to be considered.
- The Service Provider considers a complaint within 14 days of receiving it and informs the complainant of the outcome using the address from which the complaint was submitted, or another address indicated by the complainant.
§ 11. Personal data
- The controller of Users’ personal data is the Service Provider. The same entity is the controller of data processed in connection with the use of the Website, of the Assistant and of the other contact channels indicated on the Website.
- Detailed information on the purposes, legal bases, recipients, retention periods and rights of data subjects is set out in the Privacy Policy.
- In matters concerning personal data, including the withdrawal of consent to the recording of a Conversation, you may contact us at office@implementai.pl.
§ 12. Final provisions
- Matters not regulated by these Terms are governed by Polish law, in particular the Civil Code, the E-Services Act and the Consumer Rights Act. The choice of Polish law does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
- A Consumer may use out-of-court methods of handling complaints and pursuing claims, including mediation before the provincial inspectorates of the Trade Inspection Authority, the permanent consumer arbitration courts operating alongside those inspectorates, and the assistance of municipal and district consumer ombudsmen. Information about these methods and about the rules for accessing them is made available by the President of the Office of Competition and Consumer Protection and by the competent consumer ombudsmen. In cross-border disputes, a Consumer may seek the assistance of the European Consumer Centre.
- The Service Provider may amend these Terms, in particular in the event of changes in legislation, in the scope of the Website’s functionalities, or in the providers of services used to deliver the Electronic Services. The amended Terms are made available on the Website and apply to contracts concluded after they are made available.
- The Website and these Terms are made available in Polish and in English. In the event of any discrepancy between the language versions, the Polish version prevails.
- These Terms are available on the Website at implementai.pl/terms in a manner allowing them to be downloaded, reproduced and recorded.