Terms of Service

Provider: ADAM MISIAK, Brzozowa 5, Brzoza, Poland · Tax ID (NIP): 5542979661 · Email: support@qesto.app

§ 1. General provisions

1. These Terms are the terms of service for services provided 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. They set out the types and scope of the Service, the conditions for concluding and terminating the Contract, the rights and obligations of the Parties and the complaints procedure.
2. The Provider is ADAM MISIAK, a sole trader entered in the Polish Central Register and Information on Economic Activity (CEIDG), address: Brzozowa 5, Brzoza, Poland, tax ID (NIP): 5542979661, email: support@qesto.app.
3. These Terms are made available free of charge before the Contract is concluded, in a form that allows them to be obtained, reproduced and recorded (printed or saved). The version number and effective date of these Terms are shown with their text.
4. The Refund and Cancellation Policy forms an integral part of these Terms. The processing of personal data is governed by the Privacy Policy.

§ 2. Definitions

In these Terms:

1. Provider means the entity identified in § 1(2).
2. User means a natural person who has concluded the Contract with the Provider.
3. Consumer means a User who is a consumer within the meaning of Article 22¹ of the Polish Civil Code.
4. Trader with consumer rights means a User who is a natural person concluding the Contract directly related to their business activity, where the Contract shows that it is not of a professional nature for that person, as follows in particular from the subject of their business activity disclosed in CEIDG.
5. App means the Qesto web application, available in a web browser, including as a progressive web app (PWA).
6. Service means the digital service provided by the Provider by electronic means through the App, within the scope set out in § 3.
7. Contract means the contract for the provision of the Service concluded between the Provider and the User on these Terms, covering the Free Plan or a Paid Plan.
8. Account means the User's individual, password-protected set of resources and settings in the App. It does not include financial accounts recorded by the User in the App.
9. Free Plan means the free-of-charge scope of the Service, subject to the limits shown in the App.
10. Paid Plan means the paid scope of the Service (Premium), purchased as a Subscription or as Lifetime.
11. Subscription means a continuous Paid Plan renewed for successive Billing Periods.
12. Billing Period means the month or year for which the Subscription fee is paid in advance.
13. Lifetime means a Paid Plan purchased for a one-off fee, entitling the User to the Premium scope for as long as the Provider provides the Service, on the terms of § 10.
14. User Content means data entered into the App by the User or on the User's instruction, in particular records of financial accounts, transactions, categories, labels, payees, budgets and recurring payments.
15. Recovery Key means the string of characters made available to the User once, which allows access to encrypted User Content to be recovered if the password is lost.
16. AI Features means features of the App that use language models of a third-party provider.
17. Payment Operator means Stripe, acting through the Link service as the entity selling in its own name (merchant of record), on the terms of § 6.
18. Durable medium means a medium within the meaning of Article 2(4) of the Polish Consumer Rights Act of 30 May 2014, in particular an email message.

§ 3. Types and scope of the Service

1. The Service consists of making the App available to the User for keeping records of personal finances, including in particular:
   1. records of financial accounts and balances calculated from recorded transactions;
   2. records of income, expenses and transfers between accounts;
   3. categories, labels and payees;
   4. budgets;
   5. scheduled and recurring payments;
   6. import of data from CSV files and from third-party applications;
   7. export of User Content to a CSV file;
   8. encryption of selected User Content, on the terms of § 9;
   9. AI Features, inactive until the User turns them on.
2. The features available in the Free Plan and in a Paid Plan, including the limits of the Free Plan, are shown in the App and on the pricing page before the Contract is concluded.
3. The Service is a record-keeping tool. The Provider does not access the User's bank accounts, does not make payments on the User's behalf and does not hold the User's funds.

§ 4. Technical requirements

1. Use of the Service requires:
   1. a device with internet access;
   2. a current version of Chrome, Safari, Firefox or Edge supported by its manufacturer, with JavaScript and local storage enabled;
   3. an active email address;
   4. cookies enabled to the extent necessary to maintain the session.
2. Installing the App on a mobile device requires a browser that supports progressive web apps.
3. The Service does not provide access to User Content without an internet connection.
4. Specific risks connected with the use of electronically supplied services include in particular: interception of login credentials (phishing), malware on the User's device and unauthorised access to a device on which a session remains active. A specific risk inherent in the Service is the loss of the Recovery Key, the consequences of which are set out in § 9.

§ 5. Conclusion of the Contract and the Account

1. The Service may be used only by a natural person who is at least 18 years old and has full legal capacity.
2. The Contract for the Free Plan is concluded when the Account is created and the email address is confirmed. Acceptance of these Terms is a condition of concluding the Contract.
3. The Contract for a Paid Plan is concluded when the Payment Operator confirms the payment. Before placing the order, the User receives information on the main characteristics of the Service, the total price including taxes, the Billing Period, automatic renewal, how to cancel and the right of withdrawal.
4. The Provider sends the User confirmation of the conclusion of the Contract for a Paid Plan on a Durable medium, to the email address associated with the Account.
5. An Account may be used by one person only. The Account is not transferable.

§ 6. Prices and payments

1. Prices of Paid Plans are shown, with their currency, before the order is placed. The currency and amount may depend on the User's location. The total amount shown on the payment page immediately before the order is placed is binding.
2. Paid Plans are sold through the Payment Operator, which sells in its own name (merchant of record), collects the payment, charges and accounts for indirect tax and issues payment documents. The transaction is described as Sold through Link.
3. The Provider is responsible for providing the Service and for its conformity with the Contract. Complaints about the Service are handled by the Provider under § 14.
4. The Payment Operator handles disputes concerning the payment transaction itself and may refund a payment under its own terms, independently of the Provider. Rights the User has against the Payment Operator under its terms do not limit the User's rights under these Terms and the law.
5. The Provider does not receive the User's payment card details or details of any other payment instrument.
6. A Subscription renews automatically for successive Billing Periods until it is cancelled. The fee for the next Billing Period is charged in advance on the renewal date. Lifetime does not renew.
7. If the User initiates a chargeback, the Provider may suspend access to the Paid Plan concerned until the dispute is resolved. If the dispute is resolved in the User's favour, access is restored without delay.

§ 7. Start of performance and the right of withdrawal

1. Access to a Paid Plan is activated without delay once the payment is confirmed.
2. Performance of the Service starts before the withdrawal period expires at the express request of the Consumer or Trader with consumer rights, made before payment. That request does not deprive them of the right to withdraw from the Contract; its only effect is an obligation to pay for the performance provided up to the withdrawal, under Article 35 of the Polish Consumer Rights Act and the Refund and Cancellation Policy.
3. The right of withdrawal, how to exercise it, its effects and the model withdrawal form are set out in the Refund and Cancellation Policy. Throughout the period in which the right of withdrawal applies, the App provides a withdrawal function labelled "Withdraw from contract here" in the "Plan & billing" section of Settings.

§ 8. User obligations

1. The User shall:
   1. provide true and up-to-date data, in particular the email address;
   2. keep the password, two-factor authentication codes and the Recovery Key confidential and not disclose them to third parties;
   3. notify the Provider without delay of any suspected unauthorised access to the Account;
   4. use the Service in accordance with the law, these Terms and good practice.
2. The following are prohibited:
   1. providing unlawful content, in particular content infringing the rights of third parties;
   2. actions that disrupt the Service or place an excessive load on it, including attempts to circumvent security measures and limits;
   3. obtaining or attempting to obtain access to other Users' data;
   4. automated retrieval of data from the App using robots, scripts or similar tools, except through the export feature;
   5. decompiling, disassembling or otherwise reverse engineering the App's code, except where permitted by mandatory law, in particular Article 75(2) of the Polish Act on Copyright and Related Rights.
3. Where the User enters data of third parties into the App (in particular names of payees and of persons with whom the User settles amounts), the User does so on their own responsibility, for purely personal or household purposes.
4. By starting an import from a third-party application, the User represents that they are entitled to the imported data and to use the access token provided for that purpose.

§ 9. Encryption and the Recovery Key

1. Selected User Content, as specified in the Privacy Policy, is encrypted with a key protected by the User's password and by the Recovery Key. Amounts, dates, currencies, categories, budget limits and balances are not encrypted.
2. The encryption is not end-to-end encryption: User Content is decrypted on the server to the extent necessary to carry out the User's request.
3. The Recovery Key is made available to the User once. The Provider does not keep a copy of the encryption key or of the Recovery Key and has no technical means of reconstructing them. This is a characteristic of the Service of which the User is informed before the Recovery Key is generated.
4. A password reset without the Recovery Key results in the permanent and irreversible deletion of User Content, to the extent specified in the Privacy Policy, except for a reset carried out in a browser in which the User remains fully signed in. Before the reset, the User is informed of its consequences.
5. The deletion referred to in paragraph 4 results from the User's loss of both the password and the Recovery Key and does not constitute a lack of conformity of the Service with the Contract.
6. The Provider stores User Content for the entire term of the Contract and makes regular, encrypted backups of it. Because of the consequence described in paragraph 4, the Provider recommends that the User keep the Recovery Key in a safe place and periodically export User Content.

§ 10. Lifetime

1. Lifetime entitles the User to the Premium scope for as long as the Provider provides the Service, not for the User's lifetime.
2. The Premium scope covered by Lifetime may change on the terms of § 16. Lifetime does not cover products and services offered in the future as separately paid, provided that the Provider expressly designates them as such before they are introduced.
3. The Provider supplies the updates necessary to keep the Service in conformity with the Contract, including security updates, for as long as the Service is provided, and for no less than two years from the purchase of Lifetime, subject to § 18.

§ 11. AI Features and the nature of results

1. AI Features are inactive until the User turns them on; the User may turn them off at any time. The data passed to the model provider is specified in the Privacy Policy.
2. Content generated by AI Features is labelled in the App as automatically generated. It may be inaccurate, incomplete or out of date and should be verified by the User.
3. The Service is used solely to record and analyse data entered by the User. Calculations, summaries, budgets and content generated by AI Features are for information only, depend on the completeness and accuracy of the data entered by the User and do not constitute financial, investment, tax or legal advice, a recommendation, or accounting or tax records.
4. Exchange rates used in the App come from external sources, are for information only and may differ from rates applied by financial institutions.
5. The Provider is not responsible for any change, restriction or discontinuation of interfaces by third parties from whose applications data is imported, or for errors in source data provided by the User.

§ 12. User Content and intellectual property

1. User Content remains the User's property. The Provider processes it solely to provide the Service.
2. On every plan, the Provider enables the User to export User Content to a CSV file free of charge at any time, including after notice of termination has been given, until the Contract ends.
3. The App, its code, layout, designations and the Qesto mark are protected by law. The Provider grants the User a non-exclusive, non-transferable, non-sublicensable licence to use the App to the extent necessary to use the Service, for the term of the Contract.

§ 13. Availability of the Service and liability

1. The Provider exercises due diligence to keep the Service continuously available but does not guarantee uninterrupted availability. The Provider may carry out maintenance and gives advance notice of planned downtime where possible.
2. Towards a Consumer and a Trader with consumer rights, the Provider is liable in accordance with the law. These Terms do not exclude or limit that liability, in particular the remedies for a lack of conformity of the Service with the Contract.
3. Towards a User who is a trader and to whom paragraph 2 does not apply:
   1. the Provider's liability is limited to actual loss and to the total fees paid by the User in the 12 months preceding the event giving rise to the loss;
   2. liability for lost profits is excluded;
   3. statutory warranty (rękojmia) is excluded to the extent permitted by law;
   4. the limitations in points 1-3 do not apply to loss caused intentionally.
4. The Provider is not liable for non-performance or improper performance of the Contract caused by force majeure, including failure of third-party infrastructure beyond the Provider's control, to the extent permitted by law.

§ 14. Complaints

1. A complaint may be sent to support@qesto.app or in writing to the Provider's address. It should state the email address associated with the Account, a description of the issue and - if it concerns a payment - the date and amount of the transaction. Missing details do not cause the complaint to be left unexamined.
2. The Provider responds to a complaint within 14 days of receiving it. Failure to respond within that period means the complaint is accepted.
3. The response is given on paper or on another Durable medium, as a rule to the User's email address.
4. If the Service does not conform with the Contract, the Consumer and the Trader with consumer rights have the remedies set out in Chapter 5b of the Polish Consumer Rights Act, in particular to require the Service to be brought into conformity and, where that is impossible or would involve disproportionate costs, a price reduction or withdrawal from the Contract. The Provider is liable for any lack of conformity that occurs or becomes apparent during the period in which the Service is to be supplied under the Contract.

§ 15. Out-of-court dispute resolution

1. A Consumer may use out-of-court complaint and redress procedures, in particular by applying to the provincial inspector of the Trade Inspection (wojewódzki inspektor Inspekcji Handlowej) for mediation or to a permanent consumer arbitration court, and may obtain free assistance from a municipal or district consumer ombudsman (rzecznik konsumentów).
2. The register of entities authorised to conduct out-of-court consumer dispute resolution is kept by the President of the Office of Competition and Consumer Protection (UOKiK) (polubowne.uokik.gov.pl).
3. The Provider's participation in out-of-court dispute resolution is voluntary. If a complaint is rejected, the Provider informs the Consumer on a Durable medium whether it agrees to take part in such proceedings.

§ 16. Changes to the Service

1. The Provider may change the Service beyond what is necessary to keep it in conformity with the Contract for valid reasons, namely:
   1. the need to adapt the Service to a change in the law or to a decision of a court or authority;
   2. the security of the Service or of Users;
   3. the introduction of new features, or the change or withdrawal of existing features, justified by technological development, a change in the terms on which third parties whose services the Provider uses provide those services, or low use of a feature.
2. A change to the Service involves no cost to the User. The Provider informs the User of the change clearly and comprehensibly.
3. If a change materially and negatively affects the access of a Consumer or Trader with consumer rights to the Service or their use of it, the Provider informs them in advance on a Durable medium, and the User may terminate the Contract without notice within 30 days of the change or of being informed of it, whichever is later. In that case the Provider refunds the part of the price attributable to the period after termination.

§ 17. Changes to these Terms and to prices

1. The Provider may change these Terms for valid reasons, namely:
   1. a change in the law or in its interpretation resulting from court judgments or decisions of authorities, to the extent it affects these Terms;
   2. a change to the Service made under § 16;
   3. security reasons;
   4. a change in the details of the Provider or of entities through which the Service is provided, including the Payment Operator;
   5. the correction of clerical errors, ambiguities or gaps in these Terms.
2. Each change is published as a new, numbered version of these Terms with its effective date. The Provider makes previous versions available at the User's request.
3. The Provider notifies the User of a change affecting the User's rights or obligations by email to the address associated with the Account, stating the date it takes effect, and in the App, the first time the User uses it on or after that date. The change binds the User from the moment the User accepts it; until then, further use of the App requires accepting it. A User who does not accept the change may terminate the Contract with immediate effect by sending a statement to support@qesto.app.
4. A change under paragraph 1(5) that does not affect the User's rights and obligations takes effect on publication.
5. The Subscription price may change only for the following reasons: a change in tax rates or public charges, an increase in the costs of providing the Service borne by the Provider (in particular infrastructure, Payment Operator or AI Feature provider costs), or an increase in consumer prices announced by the President of Statistics Poland (GUS).
6. The Provider notifies the User of a Subscription price change at least 30 days before the first renewal at the new price. The new price binds the User only once expressly accepted. Without acceptance, the Subscription does not renew at the new price and the User keeps access to the Paid Plan until the end of the Billing Period already paid for.
7. A price change does not apply to Billing Periods already paid for or to a Lifetime purchase.

§ 18. Termination of the Contract

1. The User may at any time, without giving reasons:
   1. cancel the Subscription in the App (Settings, "Plan & billing" section) or through the Payment Operator's billing portal, with effect from the end of the current Billing Period;
   2. terminate the Contract with immediate effect by deleting the Account in Settings.
2. Deleting the Account is irreversible. Before deleting the Account, the User may export User Content. The data kept after the Account is deleted is specified in the Privacy Policy.
3. The Provider may terminate the Contract for valid reasons, namely:
   1. a serious or persistent breach by the User of § 8(2);
   2. actions of the User that endanger the security of the Service or of other Users;
   3. an obligation arising from the law or from a decision of a court or authority;
   4. the end of the provision of the Service under paragraph 6.
4. Termination under paragraph 3(1) and (2) is preceded by a request to cease the breach, setting a time limit of at least 7 days, unless immediate action is necessary to protect the security of the Service or of other Users or is required by law. The notice period is 30 days. In cases where no prior request is required, the Provider may suspend access to the Account without delay. Termination and suspension require a statement of reasons provided on a Durable medium.
5. Until the Contract ends, the User may export User Content unless the law prevents it. If the Contract is terminated for reasons not attributable to the User, the Provider refunds the part of the price attributable to the period after termination.
6. The Provider may end the provision of the Service by notifying Users at least 90 days in advance. During that period the User may export User Content. On the date the provision of the Service ends:
   1. the Provider refunds the part of the Subscription fee attributable to the period after that date;
   2. for a User who purchased Lifetime less than 24 months before that date, the Provider refunds the part of the Lifetime price proportional to the number of full months remaining until 24 months from the date of purchase.

§ 19. Communication

1. Notices and statements of the Provider addressed to the User are sent to the email address associated with the Account or provided in the App.
2. The User shall keep the email address associated with the Account up to date.
3. The point of contact for Users and authorities, including within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065, is support@qesto.app. Communication may be in Polish or English.

§ 20. Final provisions

1. The Contract may be concluded in Polish or English. These Terms are published in both languages. For a Consumer habitually resident in Poland, the Polish version prevails.
2. The Contract is governed by Polish law. This choice of law does not deprive a Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country of their habitual residence.
3. Disputes with a Consumer are resolved by the court having jurisdiction under the general rules. Disputes with a User who is a trader and to whom § 13(2) does not apply are resolved by the court having jurisdiction over the Provider's place of business.
4. If any provision of these Terms is held invalid or ineffective, the remaining provisions remain valid and effective.
5. Matters not governed by these Terms are governed by Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Services by Electronic Means.