Terms of Service

1. General Provisions

1.1. Service Provider. These Terms of Use (the “Terms”) set out the rules governing the use of the FlexiProject application provided by FlexiProject sp. z o.o. sp.k., with its registered office at Stefana Okrzei 1A St., 03-715 Warsaw, Poland, NIP (Tax ID): 5272942612, REGON: 387620990, entered into the Register of Entrepreneurs of the National Court Register (KRS) under number 0000871354 (hereinafter referred to as “FlexiProject” or the “Provider”).

1.2. Legal Nature of the Terms. These Terms constitute a binding agreement concluded remotely between FlexiProject and the Client. In particular:

• in the case of a test environment, the agreement may also be concluded with a natural person acting on their own behalf and at their own risk, solely for non-commercial and educational purposes. If such a person registers an Account using the details of an Organization without the necessary authorization to act on its behalf, the agreement shall bind only that individual, and the Organization shall not become a Client (see sections 2.2, 2.5, and 3.9).

1.3. Acceptance. By selecting the appropriate checkbox during registration, the User confirms their acceptance of these Terms of Use, which constitutes the conclusion of an agreement for the provision of electronic services under the conditions set out herein.

• Where a User registers on their own behalf, the agreement binds that User.
• Where registration is made on behalf of an Organization, the agreement is concluded with that Organization, and the User represents and warrants that they are acting within the scope of their authorization (arising from representation rights, a power of attorney, an internal instruction, or any other lawful authorization). In the absence of such authorization, the agreement binds only that individual, and FlexiProject shall bear no liability towards the Organization for the consequences of such registration. FlexiProject is not obliged to verify the User’s authorization but reserves the right to request proof of it at any time (for example, by requiring supporting documents).
• Where registration is carried out in cooperation with an institution (such as a university or educational partner), an individually registering User accepts the Terms on their own behalf, and access to the Application is granted under a Test Environment in accordance with the principles set out in section 5.

1.4. Service Delivery Model. The FlexiProject Application is provided in a Software-as-a-Service (SaaS) model, available online and hosted in the Microsoft Azure cloud within the EU region.

1.5. Legal Compliance. These Terms comply with the Act of 18 July 2002 on the Provision of Electronic Services and the Act of 12 July 2024 – Polish Electronic Communications Law.

1.6. Personal Data Processing. To the extent that FlexiProject processes personal data on behalf of the Client (e.g., data entered into the Application by the Client’s users) within the production (paid) environment, these Terms also constitute a data processing agreement within the meaning of Article 28 of the GDPR. These provisions remain in force until a separate data processing agreement is executed with the Client, which shall then supersede these Terms in this respect. The provisions of Section 17.6 apply accordingly.

1.7. Non-Consumer Nature. The FlexiProject Service is intended solely for Clients who are entrepreneurs or organizations. An exception applies to test environments, which are strictly non-commercial, demonstrative, or educational in nature. For such accounts, the agreement is concluded free of charge, exclusively for the purpose of evaluating the Application’s functionality, and does not constitute a consumer service within the meaning of applicable law. Consumer rights do not apply to these accounts, except for those arising from mandatory provisions of law.

2. Definitions

For the purposes of these Terms, the following terms shall have the meanings set out below:

2.1. Application (or Service) – the FlexiProject web application used for project management, made available to Clients in a Software-as-a-Service (SaaS) model, together with accompanying support services.

2.2. Client – a person or entity that enters into an agreement with FlexiProject by accepting these Terms. The Client may be:

• a natural person not engaged in business activity, solely for non-commercial, test use of the Application (e.g., for private or educational purposes); however, if such a person registers on behalf of and with authorization from an Organization (see Section 1.3), the Organization shall be deemed the contracting party and the Client,
• an Organization – meaning a sole proprietor, legal entity, other organizational unit with legal capacity, public sector entity, public administration body, or local government unit (or one of its subordinate entities).

2.3. User – a natural person using the Application (e.g., an employee or contractor of the Client, or the Client themself if the Client is a natural person). A User acting on behalf of a Client that is an Organization represents and warrants that they hold the appropriate authorization (arising from representation rights, a power of attorney, an internal instruction, or other lawful authorization).

2.4. Account – an individual user profile created within the Application upon registration.

2.5. Test Environment – a free, temporary access to the Application’s functionalities for a period specified at registration (e.g., 14, 30, or another number of days, as indicated during registration).

The Test Environment may be created:

• by a natural person acting on their own behalf – in which case all data and documents entered into the Application are deemed to be entered by that User and under their sole responsibility;
• by a User acting on behalf of an Organization – in which case all data and documents entered into the Application are treated as the Organization’s data, and the User represents and warrants that they have the appropriate authorization (arising from representation rights, a power of attorney, an internal instruction, or other lawful authorization).

If a User creates a Test Environment using the details of an Organization without having the required authorization, the environment shall be treated as created on that individual’s own behalf. In such a case, FlexiProject does not recognize the Organization as a Client and bears no responsibility toward it, while all liability for providing false information or acting without authorization rests solely with the registering person (see Section 3.9).

During the use of the Test Environment, FlexiProject acts solely as a neutral Provider of the Application and does not act as a data controller (except for registration data indicated in Section 11.1) or a data processor within the meaning of the GDPR. Full confidentiality provisions and the role of FlexiProject as a processor apply only upon activation of the Production Environment (paid or under a separate agreement).

2.6. Production Environment – the User’s environment operating in a commercial (subscription-based) mode, available after the end of the test period and upon activation of a paid Account through the electronic payment system specified in Section 6.2 of these Terms, or upon the conclusion of a separate agreement with FlexiProject.

The Production Environment is intended exclusively for Clients that are Organizations (entrepreneurs, legal entities, other organizational units with legal capacity, public sector entities, public administration bodies, or local government units).

In this mode, the agreement is always concluded with the Organization. The User activating or using the Application within this environment represents and warrants that they act within the scope of their authorization, which may arise from representation rights, a power of attorney, an internal instruction, assigned duties, or any other lawful authorization. In the absence of such authorization, the agreement binds only that individual.

Natural persons not conducting business activity are not entitled to use the Application in the paid mode and may use it only within the Test Environment.

2.7. Privacy Policy – an informational document describing the processing of personal data by FlexiProject. The Privacy Policy does not form part of the Agreement and does not create or modify any rights or obligations of the Parties arising under these Terms.

3. Account and User Registration

3.1. Registration Process. To use the Application, the User must create an Account by completing the registration form and accepting these Terms of Use and the Privacy Policy. During registration, the User provides the required identification details, including in particular their first name, last name, and e-mail address. When registering on behalf of an Organization, the User must also provide the Organization’s details (e.g., name, legal form, size, and contact phone number).

3.2. Formation of the Agreement. Upon successful registration and acceptance of these Terms, an agreement is concluded between FlexiProject and the Client for the use of the Application in the Test Environment, under the conditions set forth in these Terms. The Client also confirms having read and understood the Privacy Policy.

3.3. Creation of the Test Environment. Each registration results in the creation of an Account and a Test Environment, which allows free access to the Application for a period specified during registration (e.g., 14 or 30 days).

3.4. Authorized Use. The Test Environment may be used:

• privately – by natural persons for testing purposes, including educational purposes; and
• within an Organization.

3.5. Continued Use. After the test period expires, the User or Client decides whether to continue using the Application:

• for natural persons not conducting business activity – the Test Environment expires, unless that person begins using the Application within an Organization (e.g., as its employee, contractor, management board member, or other authorized person);
• for Organizations – continued use requires activation of a paid Account through an electronic payment system (e.g., adding a payment card via PayU) or by entering into a separate agreement with FlexiProject.

3.6. Restriction for Natural Persons. FlexiProject reserves that commercial (paid) use of the Service is available only to entities conducting business activity or operating as an Organization. Natural persons who are not engaged in business activity may use the Application solely within a Test Account, without the option to upgrade to a paid Account.

3.7. Registration Data.During registration, the User undertakes to provide true and up-to-date data. In the event of any changes (e.g., e-mail address, Organization name), the User should update them in the Account settings. It is prohibited to create an Account using another person’s personal data without authorization, or to impersonate another person or Organization.

3.8. Verification. FlexiProject reserves the right to verify the data provided during registration, in particular by checking the Organization’s details in public registers (e.g., KRS, CEIDG) or by requesting from the User documents or statements confirming the appropriate authorization (arising from representation rights, a power of attorney, internal instruction, or other lawful authorization) to act on behalf of the Organization.

3.9. Liability of Unauthorized Persons. If a person registers without being duly authorized to act on behalf of an Organization (whether by representation rights, power of attorney, internal instruction, or other lawful authorization), that person bears full legal and factual liability for any consequences resulting from providing false information or acting without proper authority. FlexiProject shall not be liable for any damages arising from the unauthorized creation of an Account or use of the Application on behalf of an Organization by an unauthorized person.

4. Access and Use of the Application

4.1. License. FlexiProject grants the Client individual rights of access to the Application in the Software-as-a-Service (SaaS) model (“Licenses”), on a temporary, non-exclusive, and non-transferable basis, solely under the conditions set out in these Terms.

Licenses may be:

• Full,
• Standard,
• Free.

Free Licenses are granted without quantity limitations and may coexist with Full or Standard Licenses within the same environment. Each environment (both Test and Production) must have at least one active Full License.

The detailed scope of functionalities assigned to each License type is published and updated on the FlexiProject website at: https://flexi-project.com/pricing/.

Changes to the list of functionalities resulting from the development of the Application shall not constitute an amendment to these Terms, unless they lead to a permanent and material limitation of functions within an active Client subscription.

The Client purchases a specific package of Licenses, which defines the maximum number of active accesses to the Application. Licenses may be assigned and revoked to individual Users within this limit, and the subscription fee depends on the number of Licenses purchased, regardless of their current usage level.

4.2. Rules of Use. Users may use the Application only within its intended purpose and functionalities, in compliance with applicable law, these Terms, and the Privacy Policy.

4.3. Intellectual Property. All intellectual property rights to the Application, including copyrights and trademarks, belong to FlexiProject or its licensors. The Client is granted only a limited license to use the Application for its own internal business processes, without the right to copy, modify, distribute, or make it available to third parties, unless otherwise provided in these Terms or a separate agreement.

4.4. Prohibited Actions. The following actions are strictly prohibited:

• attempting to decompile, perform reverse engineering, bypass security mechanisms, or modify the Application,
• granting unauthorized persons access to the Application,
• using the Application in a manner that is unlawful or could cause damage to FlexiProject,
• entering or transmitting illegal data or content within the Application.

4.5. Confidentiality of Access Credentials. The Client and Users are required to keep login credentials, passwords, and other access data confidential and are responsible for all actions performed using their Accounts.

4.6. Client Responsibility. The Client is responsible for the actions of its Users and for the accuracy, lawfulness, and integrity of the data entered into the Application.

4.7. Right to Restrict Access. FlexiProject reserves the right to limit or block access to the Application in cases of a breach of these Terms, any unlawful actions, or activities that pose a security risk to the system.

5. Free Service (Test Environment)

5.1. Test Period. The Test Environment allows the User to try the full functionality of the Application for a limited period of time (the standard test period is indicated during registration, e.g., 14 days, unless FlexiProject extends this period either as part of a promotional offer or individually – for example, in cooperation with an academic or partner organization). The test period is calculated from the date the Account is registered. During this period, the Service is provided free of charge and automatically expires once the specified time elapses, unless the User or Client decides to continue under a paid plan.

5.2. Data During the Test Period. While using the Test Environment, the User may enter any data into the Application, but does so entirely at their own risk. FlexiProject does not act as a data controller or data processor within the meaning of the GDPR in relation to data and documents entered into the Application during the test period. FlexiProject acts only as the data controller for registration data related to the creation and maintenance of the Account (e.g., name, surname, e-mail address, access logs). In the Test Environment, FlexiProject is responsible only for the registration data of the person who created the Account; all other personal data entered for testing purposes remain under the sole responsibility of the User.

5.3. Responsibility for Data. The User declares that they have a valid legal basis for entering personal data or confidential information into the Application (e.g., the consent of the data subjects or authorization from their Organization). Entering such data without appropriate authorization is done solely at the User’s own risk. FlexiProject bears no liability for any legal or factual consequences resulting from entering such data. It is strongly recommended to use fictional or anonymized data in the Test Environment and to avoid uploading real personal data, documents containing third-party information, trade secrets, or other confidential information, unless strictly necessary to evaluate the Application’s functionality.

5.4. Test Account. FlexiProject provides a free test account for demonstration, evaluation, or educational purposes. The Test Account remains active for the period specified during registration (e.g., 14, 30, or another number of days) or for a period individually agreed with FlexiProject (e.g., under cooperation with an academic Organization). After the validity period expires, access to the Application is limited to the payment screen, unless FlexiProject extends the test period upon the User’s or Organization’s request. A Test Account does not automatically convert into a Production Environment. The “Payments” tab available in the interface allows activation of the Production Environment – adding a payment card and accepting payment will result in the transition to the paid model, with invoices issued to the data provided by the User or Organization. From that moment, the provisions governing the Production Environment (Sections 2.6 and 6) apply.

Note: Entering payment card data and accepting the payment constitutes a transition from the test account to the paid (production) environment. From that point, the terms applicable to paid accounts apply, and invoices are issued to the details provided in the payment panel.

5.5. Expiration of the Test Environment and Data Retention. After the test period ends, the Test Environment is marked for expiration. FlexiProject sends an email reminder to the address associated with the Account at least 7 days before the scheduled expiration date, informing the User of the option to switch to the Production Environment (paid model).
After the test period ends, access to the Application is limited to the payment screen, and the environment data are retained for 90 days solely to allow their export upon the Client’s request. After 90 days, the Test Environment expires, and the data are permanently deleted from the system. Deleted data may remain only in backup copies for up to 30 days from the deletion date. After that period, backups are automatically overwritten, and the data are irreversibly erased. FlexiProject may send an additional reminder before data deletion.
The User may also delete the Test Environment or Account at any time; in such a case, the data are deleted in accordance with the retention procedure described above.

6. Paid Service (Production Environment)

6.1. Activation of a Paid Account. After the end of the test period, the Client (provided they are an entity eligible to purchase the commercial service – see above) may continue using the Application by purchasing a subscription. Transition to a Paid Account occurs by:
(a) adding payment card details within the Application and making an online payment through the designated payment operator, or (b) entering into a separate agreement or submitting an order (e.g., by signing an order form, receiving a pro forma invoice, etc.) directly with FlexiProject.

The specific subscription terms – including the scope of licenses, number of users, price, billing period, and other parameters – are determined by the option selected during Paid Account activation or by the provisions of the separate agreement or order. In the event of any inconsistency between these Terms and a separate written agreement, the provisions of the written agreement shall prevail.

6.2. PayU Payment Operator. FlexiProject uses the services of an external payment operator – PayU S.A., with its registered office in Poznań, Grunwaldzka 186 St., 60-166 Poznań, Poland – a national payment institution supervised by the Polish Financial Supervision Authority (KNF) – to process electronic payments.

Payments made by payment card are handled through the PayU system. Fees for using the Application in the subscription-based (Production) environment are collected as recurring payments via PayU S.A.

The fee is automatically charged from the Client’s payment card once per month or once per year, according to the billing frequency selected by the Client during Paid Account activation. The amount charged corresponds to the subscription price valid on the date of Paid Account activation and is always displayed to the User in the payment interface before confirmation.

Card details entered by the Client are processed and stored exclusively by PayU S.A. FlexiProject does not store or have access to payment card numbers. Payment authorization is performed securely on PayU’s encrypted pages.

PayU S.A. uses a Token (a virtual card identifier) that enables the execution of subsequent recurring payments without re-entering the card data. The Token is assigned to an individual Client, ensuring transaction security and preventing unauthorized use of card data by third parties.

The Client may cancel recurring payments at any time by deactivating the Paid Account and ceasing to use the Application (in accordance with Section 10), or by removing the stored payment card in the PayU payment panel. Upon cancellation of recurring payments, no further charges will be collected, and access to the paid version of the Application will expire at the end of the billing period already paid for.

Complaints regarding electronic payments processed by PayU S.A. should be sent to support@flexi-project.com.

FlexiProject performs an initial verification of such complaints and, for payment-related matters, forwards them to PayU S.A., which handles them in accordance with its own regulations.

FlexiProject shall not be liable for errors or delays resulting from the operation of the payment operator’s systems.

6.3. Non-Payment and Account Suspension. Test Environment. After the test period expires, access to the Application is limited to the payment screen. The data from the Test Environment are retained for up to 90 days after the end of the test period solely to allow data export at the Client’s request. If payment is not made within this time, the Test Environment expires and the data are deleted in accordance with the procedure described in Section 5.5. After that period, data may remain only in backup copies for a maximum of 30 days from the date the environment was deleted. Having an inactive Test Environment during this retention period prevents the creation of a new environment linked to the same email address.

Card Subscription. In the event of a failed card charge, FlexiProject sends an email notification and continues to make repeated attempts to collect payment for up to 90 days.
During this time, the Client generally retains access to the Service, subject to FlexiProject’s right to temporarily limit or block access after at least 30 days of unsuccessful payment attempts, until the outstanding balance is settled. If payment is not successfully completed within 90 days, the environment is deleted; data may remain only in backup copies for up to 30 days from the date of deletion.

Bank Transfer / Agreement Payments. For Clients using the Service under a separate agreement and paying by bank transfer, the rules for account suspension or deletion are determined individually in that agreement.

For recurring payments (PayU), FlexiProject may make automatic collection attempts for up to 90 days from the date of the failed payment, in accordance with the rules described in Section 6.2. After this period, the environment may be deleted in accordance with Section 17.5.

6.4. Client Obligations and VAT. The Client is required to pay subscription fees on time. All prices quoted by FlexiProject are net amounts (exclusive of VAT, which will be added in accordance with applicable tax regulations). In the event of delayed payment, FlexiProject has the right to: charge statutory interest for late payment in commercial transactions, and/or suspend the provision of the Service until payment is received. Suspension of the Service does not release the Client from the obligation to pay the applicable fees for the period during which access was suspended.

7. Billing and Invoicing

7.1. Payment Currency. Payments are made in Polish zloty (PLN), except that for Clients who indicate a country other than Poland during registration, payments are processed in euros (EUR). Information regarding the currency and the amount due is always displayed in the payment panel before the transaction is completed.

7.2. Electronic Invoices. FlexiProject issues VAT invoices electronically and makes them available to the Client through the Account or by sending them via email to the billing address provided by the Client. The billing email address may differ from the one provided during registration and can be updated by the Client at any time within the payment panel. By accepting these Terms, the Client agrees to receive invoices exclusively in electronic form.

7.3. Payment Terms. For card payments, a VAT invoice is issued only after successful payment collection and documents the transaction already paid. For Clients settling payments based on a separate agreement and paying by bank transfer, the payment deadline is specified in that agreement or on the invoice.

7.4. Updating Billing Information. The Client is responsible for keeping their billing information (including company details and invoice email address) up to date. FlexiProject shall not be liable for any consequences arising from providing incorrect or outdated billing data.

7.5. Fee Adjustment. FlexiProject reserves the right to adjust subscription fees, no more than once per year, based on the inflation index published by the Central Statistical Office of Poland (GUS) or due to changes in the cost of service delivery (e.g., increases in licensing or cloud service provider fees). FlexiProject shall notify the Client of any planned fee changes at least 30 days in advance. A Client who does not accept the new rates may terminate the agreement effective at the end of the current billing period. Failure to terminate the agreement shall be deemed acceptance of the new rates.

7.6. Interest and Collection Costs. In case of late payments, FlexiProject may charge statutory interest for commercial late payment and seek reimbursement of reasonable debt collection costs.

7.7. Discounts and Promotions. All discounts, promotions, or free trial periods are one-time and non-cumulative, unless FlexiProject decides otherwise.

8. User Rights and Obligations

8.1. Rules of Use. The User has the right to use the Application in accordance with its intended purpose, functionalities, and the provisions of these Terms. The User must comply with applicable laws while using the Service. It is prohibited to enter or transmit unlawful content into the Application, including but not limited to: data infringing third-party rights, offensive, vulgar, or pornographic materials, or content promoting violence or violating legal provisions.

8.2. Access Credentials. The User is required to keep their Account credentials (login and password) confidential. It is strictly prohibited to:

• share the Account with other persons,
• use other Users’ Accounts. If the User suspects that their password has been obtained by an unauthorized person, they must immediately change the password and notify FlexiProject. FlexiProject shall not be liable for any consequences resulting from the User’s disclosure of access credentials to third parties.

8.3. Authorization and Loss of Rights. If the User uses the Application on behalf of a Client (Organization), they are required to act within the limits of their authorization (arising from representation rights, power of attorney, internal instruction, or other lawful authorization).
The User must not grant access to the Application to persons not authorized by the Client.
In the event of loss of authorization (e.g., termination of cooperation with the Client), the User must immediately notify FlexiProject and/or the Client’s main Account administrator to block access or transfer the Account to another authorized person.

8.4. Prohibited Activities. The User agrees not to use the Application in any way that infringes the rights of FlexiProject or third parties. In particular, it is prohibited to:

• attempt to disrupt the operation of the Application or bypass its security mechanisms (e.g., hacking, exploiting system vulnerabilities),
• use the Service in a manner that excessively burdens FlexiProject’s infrastructure (e.g., mass automated operations) without prior written consent,
• decompile, perform reverse engineering, or copy the Application’s source code without authorization,
• attempt to gain access to data or system areas for which the User does not have permissions.

8.5. Consequences of Violations. Violation of the obligations set out in this Section may result in suspension or blocking of access to the Application. In the case of a material or repeated violation, FlexiProject may terminate the agreement immediately for reasons attributable to the User. FlexiProject is entitled to seek compensation from the User or Client under general legal principles for any damages caused (e.g., system security breaches, data loss, or reputational harm).

9. FlexiProject’s Rights and Obligations

9.1. Provision of the Service. FlexiProject provides Users with access to the Application in accordance with these Terms, the functional description, and the applicable license or subscription conditions.

9.2. FlexiProject’s Obligations. FlexiProject undertakes to:

• maintain the continuity of the Application’s operation and resolve failures within a reasonable timeframe,
• implement appropriate technical and organizational measures to protect the data of Users and Clients,
• use the data entered into the Application only to the extent necessary for the provision of the Service, in particular for technical support, diagnostics, error reproduction, testing of fixes, and to ensure the security of the Service,
• maintain the confidentiality of all information obtained from the Client in connection with the provision of the Service,
• provide basic technical support to Users as described in these Terms.

9.3. Updates and Development. FlexiProject may introduce updates, patches, and new functionalities to the Application. The company will make every effort to ensure that such changes do not cause any material degradation of functionalities available under an active subscription, although they may include modifications or retirement of certain modules.

9.4. Maintenance Downtime. FlexiProject reserves the right to temporarily limit access to the Application for maintenance or upgrade work. Such work is generally carried out outside peak hours, i.e., during periods of lowest user activity, and does not require separate notification, unless the scope or expected duration of maintenance reasonably justifies prior notice to Clients.

9.5. Scope of Services. FlexiProject is not obliged to provide any services beyond the scope described in these Terms or in a separate agreement concluded with the Client.

10. Service Provision, SLA, and FlexiProject’s Liability

10.1. Due Diligence. FlexiProject will exercise due care to ensure that the Service is provided in a continuous, stable, and functionally compliant manner. This section defines FlexiProject’s liability with respect to Application availability, technical support, and limitations resulting from the nature of the Service.

10.2. Availability (SLA). FlexiProject guarantees an availability level of not less than 99.5% per calendar month. Planned maintenance (e.g., system updates or servicing) is, as far as possible, carried out outside peak hours, i.e., during periods of lowest system activity. FlexiProject may notify Clients of planned maintenance via the Application, website, or other communication channels when deemed necessary based on the scope or expected duration of the work. FlexiProject reserves the right to perform short emergency maintenance interruptions without prior notice if required for reasons of security, stability, or system integrity, and will make every effort to ensure such interruptions are as brief as possible.

10.3. Technical Support. FlexiProject provides basic technical support on business days between 09:00 and 17:00 CET. Error reports and technical issues may be submitted through the contact form available at https://flexi-project.com/pl/support, accessible from within the Application. FlexiProject strives to address critical incidents (those preventing the use of the Service) within no more than 8 business hours. Less urgent reports may take longer to resolve, but FlexiProject will make reasonable efforts to keep Users informed of progress. Standard technical support is included at no additional charge within the subscription. Extended support terms (e.g., custom SLA for enterprise Clients) may be defined in a separate agreement.

10.4. Liability Exclusions. Given the nature of the Service (web-based application), FlexiProject shall not be liable for interruptions, disruptions, or other performance issues caused in particular by:

• force majeure,
• failures of telecommunication links, internet connectivity, or technical infrastructure on the Client’s or User’s side,
• external attacks (including cyberattacks),
• unauthorized actions of third parties,
• other circumstances beyond FlexiProject’s control.

10.5. Scope of Exclusions. To the maximum extent permitted by law, FlexiProject shall not be liable for indirect damages, loss of profits, or loss of reputation resulting from the use of the Application. In particular, FlexiProject is not responsible for:

• the content, accuracy, timeliness, or legality of data entered into the Application by Users – any third-party claims related to unlawful or unauthorized data entry shall be borne by the Client or User who entered the data;
• User actions that violate these Terms or the law, including those related to personal data protection, copyright, industrial property, or trade secrets;
• unauthorized access to a User Account resulting from the User’s own fault (e.g., sharing login details, failing to secure their email account, or using weak passwords);
• technical issues resulting from failure to meet minimum technical requirements on the Client’s or User’s side (e.g., outdated browsers, hardware failures, unstable internet connection);
• use of the Application during the test period without proper authorization to represent the Client (Organization) or without its consent or instruction – during such period, FlexiProject does not act as a data processor under the GDPR, and responsibility for data and its lawfulness rests solely with the User.

10.6. Limitation of Liability. The total aggregate liability of FlexiProject towards the Client, arising from non-performance or improper performance of the agreement (Service provision), shall be limited to the total net subscription fees actually paid by the Client to FlexiProject for the three most recent months of Service. If the Service period was shorter than three months, FlexiProject’s maximum liability shall be limited to the equivalent of one full net monthly subscription fee. The above limitation does not apply to damages caused intentionally by FlexiProject or in cases where limitation or exclusion of liability is not permitted under mandatory provisions of law.

10.7. No Warranty of Results. FlexiProject does not guarantee that the Application will meet all of the Client’s individual expectations or that its use will result in achieving specific business outcomes. The Application serves solely as a tool supporting project management, and the effectiveness of its use depends on factors outside FlexiProject’s control. The Client also acknowledges that due to the complexity of software, it is impossible to completely eliminate all errors; however, FlexiProject exercises due care to ensure that critical issues are resolved promptly and continuously.

11. Data Processing

11.1. Users’ Personal Data. The controller of personal data provided by Users in connection with the registration of an Account and use of the Application (such as identification and contact details, login data, etc.) is FlexiProject. These data are processed in accordance with the Privacy Policy, which forms an integral part of these Terms, for the following purposes:

• provision of the Service and performance of the agreement with the User or the Organization they represent (Article 6(1)(b) GDPR);
• compliance with legal obligations imposed on FlexiProject, e.g., in the areas of accounting and taxation (Article 6(1)(c) GDPR);
• pursuit of legitimate interests of FlexiProject (Article 6(1)(f) GDPR), in particular in connection with: handling support requests and complaints, asserting claims, ensuring Service security, and conducting marketing communication within the limits permitted by law.

Details regarding the processing of personal data – including the rights of data subjects (right of access, rectification, erasure, etc.) – are described in the Privacy Policy.

11.2. Data Entered into the Application by Users (Client Data). All data – including personal data of third parties – entered into the Application by Users while using the Service (e.g., project data, information on employees, contractors, or the Client’s customers, files, and documents) remain under the exclusive control of the Client or the User who entered them. FlexiProject does not acquire any rights to such data, other than the right to process them solely for the purpose of providing the Service to the Client in accordance with these Terms and the relevant agreement. The Client, as the data controller, is responsible for ensuring that the entry and processing of such data comply with applicable law, in particular for having a valid legal basis for processing within the meaning of the GDPR.

11.3. FlexiProject as Data Processor. To the extent that the Client is an Organization or entrepreneur, and Users enter personal data into the Application in connection with that Organization’s activities, FlexiProject acts as a data processor within the meaning of Article 4(8) GDPR, while the Client remains the data controller. These Terms constitute a Data Processing Agreement (DPA) within the meaning of Article 28(3) GDPR, effective from the moment FlexiProject begins processing data on behalf of the Client in the Production (paid) Environment, and for the entire duration of the Service – until all data are deleted after termination of the agreement. Under this DPA, FlexiProject undertakes in particular to:

• process personal data only on documented instructions from the Client (including those arising from the Application’s functionalities or written directions);
• ensure that all persons authorized to process data (FlexiProject personnel and subcontractors) are bound by confidentiality obligations or are otherwise subject to a statutory duty of secrecy;
• apply appropriate technical and organizational measures to ensure data security in accordance with Article 32 GDPR, taking into account the nature and risks of processing — including, among others, pseudonymization, encryption, and redundant backups in Microsoft Azure data centers located in the EU region;
• assist the Client in fulfilling its obligations as data controller under Article 28(3) GDPR, particularly in responding to data subject requests (e.g., through data export or deletion features), reporting personal data breaches, conducting Data Protection Impact Assessments (DPIA), and communicating with supervisory authorities;
• upon termination of the Service, delete or return all personal data to the Client and remove all copies, unless further retention is required by law;
• provide the Client with information necessary to demonstrate compliance with Article 28 GDPR and allow audits – primarily by providing internal audit reports, compliance certificates, and other documentation confirming implemented security measures; on-site inspections at FlexiProject’s premises are permitted only in justified cases and subject to prior agreement on the date and conditions.

The Client (as data controller) grants FlexiProject authorization to engage subprocessors for the further processing of personal data, in particular providers of cloud infrastructure (e.g., Microsoft Azure), supporting systems (e.g., CRM systems, ticketing systems), and other auxiliary service providers necessary for the operation of the Application.

The current list of subprocessors is provided in Annex No. 1 to these Terms. This list is regularly updated, and the Client may request access to it in electronic form. Any update to Annex No. 1 does not constitute an amendment to these Terms. Information about changes to the list of subprocessors is published on FlexiProject’s website; upon the Client’s request, FlexiProject will also send an email notification of such changes.

The Client has the right to raise a justified objection to the engagement of a new subprocessor. In such a case, the Parties will seek an appropriate solution (e.g., exclusion of the given subprocessor). If no such solution is possible, the objection may result in the termination of the Service in the relevant scope or termination of the agreement. FlexiProject remains fully liable to the Client for the acts and omissions of its subprocessors in relation to the processing of entrusted data.

FlexiProject shall promptly – no later than within 36 hours after becoming aware of a personal data breach – notify the Client, providing at least the information required under Article 33 GDPR, to the extent available at that time.

FlexiProject does not transfer personal data outside the EEA, unless appropriate safeguards are ensured in accordance with Chapter V GDPR (e.g., Standard Contractual Clauses) and the Client has been informed in advance about the transfer mechanism.

The scope and purposes of processing also include the performance of technical support, incident handling, diagnostics and error reproduction, and testing of fixes. For these purposes, FlexiProject may, to the extent strictly necessary, access data or create temporary copies in a service environment, located exclusively within the EU region, applying the principles of data minimization and purpose limitation. The data are not used for any purposes unrelated to the provision of the Service, unless based on a separate legal basis.

11.4. FlexiProject as Data Controller. Regardless of the mode of use of the Application (test or production), FlexiProject acts as the data controller for personal data provided during Account registration and maintenance (e.g., identification data, contact details, and technical logs). Such data are processed for the purposes of providing the Service, account management, security assurance, billing, and compliance with legal obligations, in accordance with the Privacy Policy. With respect to the data and documents entered into the Application by Users:

• in the Test Environment, FlexiProject does not act as a data controller or data processor – such data remain under the sole responsibility of the User who entered them;
• in the Production Environment, FlexiProject acts as a data processor with respect to data entered by Users in connection with the Client’s (Organization’s) activities, while retaining its role as data controller for registration data.

12. Confidentiality of Information

12.1. General Rule. FlexiProject undertakes to maintain the confidentiality of all data, documents, and information entered into the Application by the Client in the course of using the Service, including, in particular, commercial, technical, organizational, and personal data. The confidentiality obligation applies throughout the term of the Agreement and for a period of three (3) years after its termination, without prejudice to obligations arising from mandatory legal provisions or separate agreements. Data and information may be disclosed only to authorized persons acting on behalf of FlexiProject (employees, contractors, or subprocessors) to the extent necessary for Service provision, provided that FlexiProject ensures such persons are bound by confidentiality obligations. With respect to personal data processed as a data processor, the confidentiality obligation is implemented in accordance with Article 28(3)(b) GDPR.

12.2. Test Environment and Exceptions. The confidentiality principle also applies to data entered into the Test Environment; however, full business-level confidentiality (on behalf of an Organization) applies only from the moment the Service transitions to the Production (paid) Environment. Until that time, any data entered into the Application are treated as data entered by the User on their own behalf. FlexiProject ensures the technical protection and security of such data but is not obliged to treat them as the confidential information of the Client (Organization). The confidentiality obligation does not apply to information that:

• was publicly available at the time of disclosure or became public without breach of these Terms;
• was already in FlexiProject’s possession prior to disclosure and can be demonstrated as such;
• was independently developed by FlexiProject without using the Client’s confidential information; or
• must be disclosed pursuant to law or a decision of a competent authority – provided that, where possible, FlexiProject will notify the Client of such obligation in advance.

12.3. User Responsibility During Testing. During the test period, it is recommended to use fictional or anonymized data only. Entering real personal data, documents, or confidential information into the Application during testing is done entirely at the User’s own risk, and FlexiProject bears no responsibility for any consequences resulting from such actions.

13. Complaints and Response Procedure

13.1. Right to File a Complaint. FlexiProject strives to ensure that the Service is provided at the highest quality level. If a Client or User notices any irregularities in the operation of the Application or has concerns regarding the performance of the Service, they have the right to submit a complaint. A complaint may be submitted electronically by sending an email to support@flexi-project.com (or another official contact channel indicated on the FlexiProject website). The rules for filing payment-related complaints for transactions processed by PayU S.A. are specified in Section 6.2 of these Terms.

13.2. Form and Content of the Complaint. A complaint should include a description of the issue and identifying information about the Client/User (e.g., the email address associated with the Account or the Organization’s name). FlexiProject will review the complaint without undue delay, but no later than within 14 days of receiving it, and will send a response to the email address provided in the complaint. In justified cases (e.g., if the issue is complex), FlexiProject will inform the complainant of the need to extend the response time, including the estimated timeframe for resolution.

13.3. Review and Corrective Actions. If the complaint is found to be justified, FlexiProject will take appropriate corrective measures (e.g., fixing an error, providing additional explanations, or implementing other suitable remedies). The outcome of the complaint process will be communicated electronically to the complainant.

14. Termination of the Agreement and Data Deletion

14.1. Duration of the Agreement. The Service Agreement is concluded for an indefinite period (subscription renewed monthly or annually), provided that a Test Account is made available for a fixed period (the test period). Upon expiry of the test period, the agreement automatically terminates unless the Client extends it by switching to a paid subscription.

14.2. Termination by the Client/User. The Client may terminate the agreement at any time, effective at the end of the current billing period (or immediately in the case of a Test Account), by submitting a termination notice: through the Application (e.g., via the “Delete Account” function or an equivalent option), or in electronic form, sent from the email address associated with the Client’s/User’s Account to support@flexi-project.com. For paid subscriptions, the environment remains active until the end of the billing period already paid for and will not be terminated or blocked earlier, unless otherwise agreed by the Parties. A User who personally accepted these Terms (e.g., an individual party to the agreement or an authorized representative who registered the Account) may terminate the agreement on behalf of the Client. For Clients that are Organizations, termination may be submitted by a person authorized to represent the Organization (e.g., the current primary account administrator or another authorized representative).

14.3. Termination by FlexiProject. FlexiProject may terminate the Service Agreement in the following cases:

• material or repeated breach of these Terms by the Client/User (after an unsuccessful request to cease the breach, where such notice is possible);
• payment delay exceeding 30 days, despite prior demand for payment;
• discontinuation or withdrawal of the services covered by these Terms from FlexiProject’s offering (in which case FlexiProject will provide the Client with at least 30 days’ notice to enable data export);
• occurrence of circumstances making further provision of the Service to a given Client unlawful.

Termination by FlexiProject shall be made in electronic (email) or written form. If termination occurs for reasons attributable to FlexiProject (e.g., service withdrawal), the Client is entitled to a pro rata refund of any unused portion of the subscription fee. Termination for reasons attributable to the Client (e.g., breach of these Terms, non-payment) does not entitle the Client to any refund of fees already paid.

14.4. Effects of Termination. Upon termination or expiration of the agreement (e.g., end of the test period or subscription after termination notice), FlexiProject shall block access to the User’s Account. Data stored in the Application remain accessible to the Client solely for export purposes for a period of up to 90 days after termination. After that period, the data are deleted, and may remain only in backup copies for up to 30 days from the deletion date, after which the backups are automatically overwritten and the data permanently and irreversibly erased. Upon the Client’s request, FlexiProject will send an email confirmation of data deletion.

14.5. Exceptions to Data Deletion. After deletion, FlexiProject is not obliged to retain any information related to the Client’s Account, except for data that must be retained under applicable law (e.g., accounting records, or documentation related to granted marketing consents, retained for evidential purposes).

15. Marketing Consents and Commercial Communication

15.1. Technical (Non-Marketing) Communication. By registering an Account in the Application, the User acknowledges that FlexiProject will send electronic communications related to the provision of the Service, including system notifications, information about changes to the Terms or security, updates on new functionalities affecting the use of the Application, and reminders about the end of the test period. Such communications are an integral part of the Service and do not constitute marketing communication — receiving them is a necessary condition for using the Service.

15.2. Voluntary Marketing Consents (Scope). Independently of the above, the User may voluntarily consent to receive marketing communications from FlexiProject. Lack of consent does not affect the ability to use the Service. In particular, FlexiProject may obtain the following voluntary marketing consents:

• consent to telephone contact (direct marketing) – enabling presentation of the offer or collection of feedback on the Service,
• consent to receive the newsletter – enabling periodic receipt of informational and commercial content (e.g., tips, case studies, product updates).

15.3. Voluntariness and Withdrawal of Consent. All marketing consents are voluntary and may be withdrawn at any time by the User, without affecting the lawfulness of processing based on consent before its withdrawal and without limiting access to the Service. Withdrawal of newsletter consent is made through the unsubscribe link located in each newsletter message, while withdrawal of telephone contact consent requires submission of a relevant statement (e.g., via contact form or by email to support@flexi-project.com).

15.4. Methods of Withdrawing Consent. Withdrawal of consent may be made by:

• sending an email to support@flexi-project.com, in particular to withdraw consent for telephone contact,
• using the unsubscribe link included in the footer of each newsletter message.

15.5. Independence of Technical Communications. Withdrawal of marketing consents does not affect the receipt of technical and operational communications necessary for the use of the Service, as referred to in Section 13.1.

15.6. Marketing Consent Register. FlexiProject maintains a register of granted marketing consents, which includes, among others, the content of the consent, the date and time it was given, and the language version of the consent form accepted by the User. Upon the User’s request, FlexiProject provides information regarding which consents have been given and when – in the form of an extract from the register

16. Amendments to the Terms

16.1. Valid Reasons for Amendment. FlexiProject reserves the right to amend these Terms during the term of the agreement with the Client for valid reasons, which include in particular:

• changes in the scope or form of the Services provided (e.g., introduction of new Application features or discontinuation of certain functionalities);
• changes in applicable laws affecting the content of the agreement (e.g., changes in tax rates or new legal requirements under the GDPR or Polish Electronic Communications Law);
• issuance of a decision or ruling affecting the rights and obligations of the parties, or the need to clarify or correct provisions of the Terms to remove ambiguities or errors.

16.2. Notification Procedure and Right of Termination. Amendments to the Terms are published on the FlexiProject website under a permanent URL. The new version becomes effective on the date of publication, and the Client/User is informed electronically (via email sent to the account administrator or via an in-app notification). For Clients who qualify as consumers, if they do not accept the amendments, they have the right to terminate the agreement within 14 days from the notification date, effective at the end of the current billing period (for subscription-based agreements) or immediately (for test accounts). Failure to terminate the agreement within this period shall be deemed acceptance of the amended Terms.

16.3. Publication and Availability. The current version of the Terms is always available on the FlexiProject website. FlexiProject recommends that Clients regularly review any updates to these Terms.

17. Final Provisions

17.1. Governing Law and Applicable Regulations. In matters not regulated by these Terms, the relevant provisions of Polish law apply, including the Civil Code, the Act on the Provision of Electronic Services, the Polish Electronic Communications Law, and the GDPR, as well as other generally applicable legal acts. These Terms do not exclude or limit any mandatory rights of the Client granted by law (including consumer rights, if applicable – though, as stated, FlexiProject’s services are intended for business entities).

17.2. Dispute Resolution. Agreements concluded under these Terms are governed by Polish law. The Parties will seek to resolve any disputes amicably in the first instance. If an amicable resolution is not possible, the dispute shall be submitted to the common court having jurisdiction over the registered office of FlexiProject, to the extent permitted by law.

17.3. Invalidity of Certain Provisions. If any provision of these Terms proves to be invalid or unenforceable, it shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a legal rule of similar meaning, consistent with the intent of the Parties.

17.4. Language of the Terms and Translations. These Terms have been drafted in Polish. For the convenience of Users, FlexiProject may provide translations of the Terms into other languages; however, in case of any discrepancies, the Polish version shall prevail.

17.5. Precedence of Separate Agreements. If the Client and FlexiProject enter into separate agreements governing the use of the Service (e.g., a master agreement, data processing agreement, SLA, IT services agreement, or NDA), the provisions of those agreements take precedence over these Terms to the extent that they regulate the same matters. In all other respects, these Terms shall apply.

17.6. These Terms of Use shall enter into force on 10.2025

Annex No. 1 to the FlexiProject Terms of Use – List of Subprocessors

Lp.	Subprocessor	Registered Address	VAT / Tax ID	Scope of Services
1	Mailjet SAS	43, Rue de Dunkerque, 75010 Paris, Francja	VAT No. FR67524536992	Email delivery services used by the FlexiProject Application
2	Quality Unit, s.r.o.	Vajnorská 100/A, 831 04 Bratislava, Slovakia	VAT No. SK2021910891	Platform for managing and tracking support tickets
3	Pipedrive OU	Mustamäe tee 3a, Tallinn, Harjumaa 10615, Estonia	VAT No. EE101382096	CRM system
4	Microsoft Ireland Operations Limited Ltd	One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland	VAT No. IE8256796U	Provider of cloud services (Azure and Office 365)
5	APN Promise S.A.	Domaniewska 44A St., 02-672 Warsaw, Poland	NIP 5210088682	Microsoft licensing services provide
6	Business Support Marcin Buliński	Poziomkowa 12 St., 05-270 Nadma, Poland	NIP 5251211866	Management of FlexiProject infrastructure
7	Fakturownia sp. z o.o.	Juliana Smulikowskiego 6/8 St., 00-389 Warsaw, Poland	NIP 5213704420	Client invoicing and billing system (Fakturownia.pl)