Inbox Horizonv1.0
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Terms of Service

Covers the Inbox Horizon application and the newsletter (waitlist).

§ 1. General Provisions

1. These terms of service (hereinafter: the "Terms of Service") set out the rules and conditions for using the "Inbox Horizon" application (hereinafter: the "Application") and the services provided by the Service Provider.

2. The Application serves to manage the Customer's e-mail mailbox, in particular to synchronize message threads, classify messages with the support of artificial intelligence, hide newsletters, generate reply suggestions, send replies (including with attachments) and set threads aside for later (the "snooze" function), and is intended both for businesses and for consumers.

3. The Terms of Service constitute the terms of service referred to in Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną) (hereinafter: the "Act on Providing Services by Electronic Means").

4. The services are provided by Konrad Małocha, conducting business activity under the business name MKONDEV Konrad Małocha (address of the permanent place of business: ul. Bajeczna 74, 32-020 Wieliczka), entered in the Central Register and Information on Economic Activity kept by the minister competent for the economy, holding NIP: 6832122113 (hereinafter: the "Service Provider").

5. The Service Provider may be contacted:

1) by e-mail – at: konrad.malocha@inboxhorizon.com,

2) by traditional post – at: ul. Bajeczna 74, 32-020 Wieliczka.

6. In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: the "DSA"), the Service Provider has designated a point of contact for direct communication with the authorities of EU Member States, the European Commission, the European Board for Digital Services and Customers of the Application in matters covered by the DSA. The point of contact is available at: konrad.malocha@inboxhorizon.com.

7. The Application is currently made available in a test version (the Beta Period). During the Beta Period, use of the Application is free of charge, on the terms described in § 5 of the Terms of Service.

8. Before starting to use the Application, the Customer is required to read the Terms of Service and the Privacy Policy.

§ 2. Definitions

Capitalized terms used in the Terms of Service have the following meanings:

1. Price List – a document or information specifying the current price of the Service, the Subscription Period, the applicable variant of the Service and other conditions indicated therein; during the Beta Period the Price List does not apply and the Service is provided free of charge,

2. Consumer – a natural person entering into a legal transaction with the Service Provider that is not directly related to that person's business or professional activity,

3. Account – a panel created in the Application's IT system, enabling the Customer to use its functionalities,

4. Newsletter – a free-of-charge service provided by electronic means, consisting in the Service Provider sending, to the e-mail address provided by the interested person, information about the Application, including information on access to the Application being made available to persons on the waitlist,

5. Non-conformity – a lack of conformity of the Service with the Agreement (the criteria for assessing the conformity of the Service with the Agreement for its supply are set out in Article 43k(1)-(2) of the Polish Consumer Rights Act),

6. Beta Period – the period during which the Application is made available in a test version and use of the Service is free of charge; the Beta Period lasts until the day on which the Service Provider announces its end in the manner provided for in § 5 and § 17 of the Terms of Service,

7. Subscription Period – the period for which the Service Provider makes the Service available to the Customer in accordance with the Price List [PROVISION APPLIES AFTER THE BETA PERIOD ENDS – TO BE COMPLETED WHEN PRICING IS INTRODUCED],

8. Subscription Fee – the fee paid by the Customer in advance in return for the Service, determined in accordance with the Price List in force at the time the Service is ordered [PROVISION APPLIES AFTER THE BETA PERIOD ENDS – TO BE COMPLETED WHEN PRICING IS INTRODUCED],

9. Review – the Customer's review of the Application, comprising a description of the Customer's experience of using the Service,

10. Organization – a space separated within the Application's IT system, in which the Customer's Accounts and data are organized; data processed within one Organization are isolated from the data of other Organizations,

11. Privacy Policy – a document containing information on the processing of Customers' personal data by the Service Provider,

12. Business – a natural person, a legal person or an organizational unit without legal personality on which statute confers legal capacity, conducting business or professional activity in its own name, entering into a legal transaction with the Service Provider directly related to that activity,

13. Business with Consumer rights – a natural person entering into an agreement with the Service Provider directly related to that person's business activity, where it follows from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject of the business activity carried out by that person,

14. Terms of Service – the term defined in § 1(1) of the Terms of Service,

15. Customer Content – any data (including personal data), electronic files, information and materials saved by the Customer on the Account, including the content of e-mail messages and attachments synchronized from the e-mail mailbox connected by the Customer,

16. Agreement – an agreement for the supply of a digital service within the meaning of the Polish Consumer Rights Act, under which the Service Provider undertakes to supply to the Customer the Service of using the Application (during the Beta Period – free of charge); creating an Account is a condition of concluding the Agreement,

17. Service of using the Application/Service – a digital service within the meaning of the Polish Consumer Rights Act, consisting in the Service Provider enabling the Customer to use the functionalities of the Application,

18. Customer – a client (a Business, a Business with Consumer rights or a Consumer) using the Application,

19. Service Provider – the term defined in § 1(4) of the Terms of Service,

20. Polish Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (ustawa o prawach konsumenta),

21. Act on Providing Services by Electronic Means – the term defined in § 1(3) of the Terms of Service,

22. User – a person using the Application who is a Consumer.

§ 3. Technical Requirements, Rules of Using the Services and Security

1. For the Customer to properly use the services provided by the Service Provider through the Application, all of the following are required:

1) a connection to the Internet,

2) devices allowing the use of Internet resources, together with an up-to-date web browser,

3) an active e-mail account,

4) in order to use the mailbox synchronization functionality – an e-mail mailbox supporting the IMAP and SMTP protocols, with the ability to generate an app password (an access password for external applications).

2. Within the Application, Customers are prohibited from using viruses, bots, worms or other computer code, files or programs (in particular scripts and applications automating processes, or other code, files or tools).

3. The Service Provider states that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third-party access to data, including through SSL encryption and the use of access passwords as well as antivirus and anti-malware software.

4. The Service Provider states that, despite the safeguards referred to in (3) above, the use of the Internet and of services provided by electronic means may involve the risk of malicious software entering the Customer's ICT system and device, or of third parties gaining access to the data stored on that device. To minimize this risk, the Service Provider recommends the use of antivirus software or measures protecting online identification.

5. Use of the Application is free of charge during the Beta Period. The rules for the possible introduction of fees are set out in § 5 of the Terms of Service.

6. A Customer using the services provided by the Service Provider is required to provide only data (including personal data) consistent with the actual state of affairs. The Service Provider is not liable for the consequences of the Customer providing untrue or incomplete data.

7. By connecting an e-mail mailbox to the Application, the Customer declares that the Customer is authorized to use that mailbox and to entrust the Service Provider with handling it to the extent described in the Terms of Service, and – in the case of a mailbox operated for the Customer by a third party (in particular a company or work mailbox) – that the Customer holds that party's consent or authorization to connect the mailbox to the Application. The Customer is liable for the consequences of connecting a mailbox without the required authorization.

8. The Customer is required to protect the Account access credentials and the app password for the connected mailbox against third-party access. The Customer may revoke the Application's access to the mailbox at any time by invalidating the app password with the Customer's e-mail provider.

§ 4. Agreement for the Supply of the Service

1. Under the Agreement, the Service Provider enables the Customer to use the functionalities of the Application, in particular: synchronization of message threads from the connected mailbox, classification of messages using AI (on the terms described in § 11), hiding newsletters, generating reply suggestions, sending replies (including with attachments) and setting threads aside for later (snooze).

2. In order to conclude the Agreement, the Customer should take the following steps:

1) go to the Application's website and select the registration option ("Sign up"),

2) complete the required data in the form displayed,

3) obligatorily tick the checkbox next to the statement confirming that the Customer has read the Terms of Service and the Privacy Policy and accepts their provisions,

4) click the "Create account" button.

3. Use of the Application requires registration and creation of an Account.

4. Clicking the "Create account" button, which results in the creation of the Account, is equivalent to the Customer concluding a free-of-charge Agreement for an indefinite period.

5. The Customer's Account is assigned to an Organization. Data processed within the Customer's Organization are isolated from the data of other Organizations.

6. The Application sends e-mail messages from the Customer's connected mailbox solely on the Customer's express instruction (confirmation of sending in the Application). The Customer is liable for the content of messages sent through the Application and for the consequences of sending them, including for the attachments sent.

7. The Service Provider states, and the Customer acknowledges, that maintaining the conformity of the Service with the Agreement does not require the Customer to install updates – the Application is made available in the SaaS model and updates are deployed on the Service Provider's side.

8. The provisions of (9)-(15) below apply only to Customers who are Consumers or Businesses with Consumer rights.

9. If the Customer is not given access to the Service immediately after the conclusion of the Agreement, the Customer shall call on the Service Provider to provide access to the Service immediately. The call referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(5)(1) of the Terms of Service. If the Service Provider does not provide the Customer with access to the Service immediately after receiving the call referred to in the preceding sentence, the Customer may withdraw from the Agreement.

10. Notwithstanding the provisions of (9) above, if the Customer is not given access to the Service, the Customer may withdraw from the Agreement without calling on the Service Provider to provide access to the Service if at least one of the cases indicated in Article 43j(5) of the Polish Consumer Rights Act applies.

11. Notwithstanding the provisions of (9)-(10) above, the Customer may terminate the Agreement by deleting the Customer's Account in the Application on the Customer's own or by instructing the Service Provider to delete the Account, by sending an appropriate message to the address indicated in § 1(5)(1) of the Terms of Service.

12. The Customer's withdrawal from the Agreement or its termination, regardless of the basis for that act, takes place by submitting to the Service Provider a statement of withdrawal from the Agreement or of its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(5)(1) of the Terms of Service.

13. If the Customer breaches the provisions of the Terms of Service and fails to remedy the breach despite receiving a call to do so, the Service Provider may terminate the Agreement with a notice period of 7 (seven) days, by submitting a statement of termination to the Customer by e-mail. Upon expiry of the notice period indicated in the preceding sentence, the Service Provider ceases to supply the Service. During the notice period, the Service Provider may block the Customer's access to the Service if this is necessary to prevent further breaches by the Customer.

14. The Service Provider deletes the Account immediately after receiving the statement referred to in (11)-(12) above, or upon expiry of the notice period referred to in (13) above. Deletion of the Account is equivalent to archiving all Customer Content saved on it and then deleting that content – after the end of the archiving period referred to in § 12(8) of the Terms of Service.

15. The Customer has the right to:

1) download all of the Customer's data in a commonly used, machine-readable format (JSON) – upon a request submitted by e-mail to the address indicated in § 1(5)(1) of the Terms of Service,

2) transfer the data to a competing system,

3) receive the full history of generated content.

The data are made available within 30 days of the submission of such a request.

16. Independently of the Service of using the Application, the Service Provider also provides a free-of-charge Newsletter service (including maintaining a waitlist for access to the Application).

17. In order to conclude an agreement for the supply of the Newsletter, it is necessary to:

1) complete the sign-up form available on the Application's website, providing an e-mail address,

2) obligatorily tick the checkbox next to the statement confirming that the person has read the Terms of Service and the Privacy Policy and accepts their provisions.

Submitting the form is equivalent to concluding a free-of-charge agreement for the supply of the Newsletter for an indefinite period. The Service Provider records the wording and version of the statement presented, the IP address and the date of the sign-up as evidence that the statement was made.

The Service Provider may introduce an additional confirmation of the sign-up in the double opt-in model (clicking a confirmation link sent to the e-mail address provided); from the moment it is introduced, the agreement for the supply of the Newsletter is concluded upon clicking that link.

18. The Service Provider may send the Newsletter using an external service provider. The providers currently used are named in the Privacy Policy.

19. A subscribed person may opt out of the Newsletter at any time (terminate the agreement for its supply with immediate effect) by sending an appropriate statement to the address indicated in § 1(5)(1) of the Terms of Service and, once the Service Provider carries out deliveries, also by clicking the unsubscribe link included in every message.

20. The agreement for the supply of the Newsletter is independent of the Agreement for the supply of the Service of using the Application. The provisions of § 7 and § 8 of the Terms of Service (complaints) apply to the Newsletter accordingly.

§ 5. Fees and Settlements

1. During the Beta Period the Service is supplied free of charge. The Service Provider does not charge the Customer any fees for using the Application or for the Newsletter.

2. The end of the Beta Period and the introduction of fees for the Service (or its variants) take place by way of an amendment to the Terms of Service as provided for in § 17 of the Terms of Service, together with the publication of the Price List.

3. The introduction of fees does not automatically create a payment obligation on the Customer's part. Covering the Customer by a paid variant of the Service requires the Customer's express acceptance (ordering a variant from the Price List). In the absence of such acceptance, the Customer may continue to use the Service within the free-of-charge scope provided for in the Price List (if such a scope is provided for) or terminate the Agreement in accordance with § 17 of the Terms of Service.

4. [TO BE COMPLETED WHEN PRICING IS INTRODUCED] The prices of services in the Price List are expressed in [CURRENCY] and are net amounts, exclusive of VAT. In the case of payment, the applicable VAT rate will be added to the Subscription Fee.

5. [TO BE COMPLETED WHEN PRICING IS INTRODUCED] Unless a specific provision of the Terms of Service or individual arrangements with the Service Provider provide otherwise, all payments due to the Service Provider are made by the Customer using the payment systems made available within the Application. The date of payment is deemed to be the date on which the amount of the Subscription Fee due for the Service is credited to the Service Provider's bank account. Once the payment is credited within the payment systems, the Service Provider sends to the Customer's e-mail address information confirming that access to the Application has been granted, together with a VAT invoice.

6. [TO BE COMPLETED WHEN PRICING IS INTRODUCED] In consideration of the provision of the Services, the Customer is required to pay the Subscription Fee in the amounts indicated in the Price List. Changes to the prices indicated in the Price List are announced in the Application and do not constitute amendments to these Terms of Service.

7. [TO BE COMPLETED WHEN PRICING IS INTRODUCED] The Subscription Fee is paid automatically, on a recurring basis, monthly in advance, on the dates resulting from the date of conclusion of the Agreement and from the Price List. [AI NOTE: before implementing payments, decide whether renewals will be automatic – for Consumers this requires express consent and clear information in the purchase process.]

8. [TO BE COMPLETED WHEN PRICING IS INTRODUCED] The Customer's failure to pay the Subscription Fee will result in access to the paid functionalities of the Application being suspended until the Subscription Fee is credited to the Service Provider's bank account.

§ 6. Price List

1. During the Beta Period the Price List is not published and all functionalities of the Application are made available free of charge.

2. [TO BE COMPLETED WHEN PRICING IS INTRODUCED] The current Price List is available at: [PRICE LIST URL].

3. The Price List may provide that a specified number of Services or a specified scope of functionalities may be used by the Customer free of charge.

4. The Service Provider may change the Price List at any time, subject to § 5(2)-(3) of the Terms of Service.

5. A change to the Price List does not in any way affect the amount of fees specified in Agreements concluded before the change to the Price List.

§ 7. Complaints – Consumers and Businesses with Consumer Rights

1. The provisions of this section apply only to Consumers and Businesses with Consumer rights.

2. The Service supplied to the Customer by the Service Provider must be in conformity with the Agreement concerning it throughout the entire period of supply of the Service.

3. The Service Provider is liable for any Non-conformity revealed during the period of supply of the Service.

4. If a Non-conformity is revealed, the Customer may submit a complaint containing a demand that the Service be brought into conformity with the Agreement for its supply.

5. Complaints are submitted by e-mail to the address indicated in § 1(5)(1) of the Terms of Service.

6. A complaint should include:

1) the Customer's first name and surname,

2) an e-mail address,

3) a description of the Non-conformity revealed,

4) a demand that the Service be brought into conformity with the Agreement for its supply.

7. The Service Provider may refuse to bring the Service into conformity with the Agreement for its supply if this is impossible or would require the Service Provider to incur excessive costs.

8. After considering the complaint, the Service Provider provides the Customer with a response to the complaint, in which it:

1) accepts the complaint and indicates the planned date for bringing the Service into conformity with the Agreement for its supply,

2) refuses to bring the Service into conformity with the Agreement for its supply for the reasons indicated in (7) above,

3) rejects the complaint as unfounded.

9. The Service Provider responds to the complaint by e-mail within 14 (fourteen) days of its receipt.

10. If the complaint is accepted, the Service Provider, at its own expense, brings the Service into conformity with the Agreement for its supply within a reasonable time from receipt of the complaint and without undue inconvenience to the Customer, taking into account the nature of the Service and the purpose for which it is used. The Service Provider indicates the planned date for bringing the Service into conformity with the Agreement for its supply in the response to the complaint.

11. If a Non-conformity is revealed, the Customer may submit to the Service Provider a statement of withdrawal from the Agreement where:

1) bringing the Service into conformity with the Agreement for its supply is impossible or requires excessive costs,

2) the Service Provider has failed to bring the Service into conformity with the Agreement for its supply in accordance with (10) above,

3) the Non-conformity persists even though the Service Provider has attempted to bring the Service into conformity with the Agreement for its supply,

4) the Non-conformity is so material that it justifies withdrawal from the Agreement for the supply of the Service without first demanding that the Service Provider bring the Service into conformity with the Agreement for its supply,

5) it is clear from the Service Provider's statement or from the circumstances that the Service Provider will not bring the Service into conformity with the Agreement for its supply within a reasonable time or without undue inconvenience to the Customer.

12. The statement of withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1(5)(1) of the Terms of Service.

13. The statement of withdrawal from the Agreement should include:

1) the Customer's first name and surname,

2) an e-mail address,

3) the date of supply of the Service,

4) a description of the Non-conformity,

5) an indication of the ground for submitting the statement, selected from the grounds indicated in (11) above.

14. If the Customer withdraws from the Agreement, the Service Provider deletes the Account immediately after receiving the statement of withdrawal from the Agreement.

15. Pursuant to Article 34(1a) of the Polish Consumer Rights Act, if the Customer withdraws from the Agreement for the supply of the Service, the Customer is required to cease using that Service and making it available to third parties.

§ 8. Complaints – Businesses

1. The provisions of this section apply only to Businesses.

2. If a non-conformity of the Service with the Terms of Service is revealed, the Customer may submit a complaint.

3. Complaints are submitted in writing or by e-mail to the address indicated in § 1(5)(1) of the Terms of Service, no later than within 30 days of the day the non-conformity is revealed.

4. A complaint should include:

1) the Customer's name,

2) an e-mail address,

3) a description of the revealed non-conformity of the Service with the Terms of Service.

5. The Service Provider may refuse to bring the Service into conformity with the Terms of Service if this is impossible or would require the Service Provider to incur excessive costs.

6. After considering the complaint, the Service Provider provides the Customer with a response to the complaint, in which it:

1) accepts the complaint and indicates the planned date for bringing the Service into conformity with the Terms of Service,

2) refuses to bring the Service into conformity with the Terms of Service for the reason indicated in (5) above,

3) rejects the complaint as unfounded.

7. The Service Provider responds to the complaint by e-mail within 21 (twenty-one) days of its receipt. In particularly complex cases, the deadline for responding to the complaint may be extended to 30 calendar days.

§ 9. Right of Withdrawal from the Agreement

1. Pursuant to Article 27 et seq. of the Polish Consumer Rights Act, a Customer who is a Consumer or a Business with Consumer rights has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days of the day of its conclusion.

2. The Service Provider extends the right of withdrawal from the Agreement to Businesses as well.

3. The Customer exercises the right of withdrawal from the Agreement by submitting to the Service Provider a statement of withdrawal from the Agreement. To meet the withdrawal deadline, it is sufficient to send the statement before the expiry of the period referred to in (1) above.

4. The statement of withdrawal from the Agreement may be submitted by the Customer in any form, in particular using the model form constituting Annex 2 to the Polish Consumer Rights Act.

5. Upon receipt of a statement of withdrawal from the Agreement, the Service Provider immediately sends the Customer confirmation of its receipt by e-mail.

6. If the Customer withdraws from the Agreement for the provision of the Service, the Service Provider will delete the Account immediately after receiving the statement of withdrawal from the Agreement.

§ 10. Customer Content and Reviews

1. The Customer may send the Service Provider Reviews concerning the services provided by the Service Provider.

2. A Review may be sent in any manner, including by e-mail.

3. Sending a Review does not oblige the Service Provider to publish it.

4. A Review published by the Service Provider may be removed by it at any time.

5. It is prohibited to post Customer Content and Reviews:

1) containing untrue data, or contrary to the law, the Terms of Service or good practice,

2) containing content serving to carry out activities prohibited by law, inciting violence or hatred, or insulting any group of persons or any person,

3) containing content that may infringe personal rights, copyright, image rights or other rights of third parties,

4) containing advertising, promotional, political, religious or discriminatory content,

5) containing content promoting activity competitive with the Service Provider.

6. Any person using the Application (hereinafter: the "Notifier") is entitled to report Customer Content or a Review that may infringe the Terms of Service.

7. Reports may be made by e-mail to: konrad.malocha@inboxhorizon.com.

8. A report should include the following information:

1) a sufficiently substantiated explanation of the reasons why the given Customer Content or Review constitutes illegal content,

2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the Customer Content or Review, appropriate to its type and to the functionalities of the Application,

3) the first name and surname or the name, and the e-mail address, of the Notifier, except in the case of a report concerning information considered to be related to one of the offences referred to in Articles 3-7 of Directive 2011/93/EU,

4) a statement confirming the Notifier's good-faith belief that the information and allegations contained in the report are accurate and complete.

9. Upon receipt of a report, the Service Provider sends the Notifier confirmation of its receipt to the e-mail address indicated by the Notifier.

10. If a report does not contain the elements indicated in (8) above or contains errors, the Service Provider may ask the Notifier to supplement or correct the report within 14 days of receipt of that request. If the Notifier fails to supplement or correct the report within the period indicated in the preceding sentence, the Service Provider may leave the report unexamined.

11. The Service Provider verifies the reported Customer Content or Review within 14 days of receipt of a complete and correct report. As part of the verification, where necessary, the Service Provider may ask the Notifier to provide necessary additional information or documents. Until the report is examined, the Service Provider may block the visibility of the Customer Content or Review.

12. After verifying the report, the Service Provider:

1) removes the Customer Content or Review infringing the Terms of Service,

2) restores the Customer Content or Review that does not infringe the rules arising from the Terms of Service (if its visibility was blocked at the report verification stage),

stating the reasons for its decision.

13. If Customer Content or a Review is removed, the Service Provider immediately notifies both the Notifier and the Customer who published the removed Customer Content or Review, stating the reasons for its decision.

14. The statement of reasons for the Service Provider's decision includes:

1) an indication of whether the decision entails the removal of the Customer Content/Review, the blocking of its visibility or its demotion, or imposes other measures referred to in the Terms of Service with respect to that Review and, where applicable, the territorial scope of the decision and its duration,

2) the facts and circumstances on the basis of which the decision was taken, including, where applicable, information on whether the decision was taken on the basis of a report made by the Notifier or on the basis of voluntary own-initiative checks carried out by the Service Provider and, where strictly necessary, the identity of the Notifier,

3) where applicable, information on the use of automated means in taking the decision, including information on whether the decision was taken in respect of Customer Content/a Review detected or identified using automated tools,

4) if the decision concerns potentially prohibited Customer Content/a Review, an indication of the legal or contractual basis on which the decision relies and an explanation of the reasons why the given Review is considered prohibited content on that basis,

5) clear and user-friendly information for the Customer and the Notifier on the possibilities of appealing against the decision available to them.

15. A Customer whose Customer Content or Review has been removed, or a Notifier whose request to remove the reported Customer Content/Review has been refused by the Service Provider, may appeal against the Service Provider's decision.

16. An appeal may be lodged in the following ways:

1) by e-mail – to: konrad.malocha@inboxhorizon.com,

2) in writing, preferably by registered mail – to: ul. Bajeczna 74, 32-020 Wieliczka.

17. An appeal should include:

1) the appellant's first name and surname or name,

2) contact details (e-mail address, correspondence address),

3) a detailed explanation of why, in the appellant's view, the Service Provider's decision is wrong and should be changed.

18. The Service Provider immediately confirms receipt of the appeal by sending a notification to the e-mail address indicated by the appellant.

19. Appeals are examined within 14 days of their receipt, by the Service Provider's authorized team (these activities will not be carried out in an automated manner, without human involvement).

20. The Service Provider notifies the appellant of the decision taken as a result of the appeal by e-mail and, if it simultaneously finds the reported content to be prohibited content, takes the measures provided for in the Terms of Service with respect to it.

21. Sending Customer Content or a Review is equivalent to the Customer declaring that the Customer is its sole author or is authorized to send it. The Customer bears full responsibility for the Customer Content/the content of the Review and the consequences of its publication (including for infringements of personal rights and intellectual property rights of third parties).

22. Sending a Review is equivalent to the Customer granting the Service Provider a free-of-charge, non-exclusive license to use it, without limitation in time or territory, in the Service Provider's promotional materials (hereinafter: the "License").

23. The License entitles the Service Provider to modify the Review if this is necessary for its dissemination in a given manner, without changing its essence and substance.

24. The License authorizes the Service Provider to grant further licenses to use the Review to any third parties of its choosing. The further license referred to in the preceding sentence may be granted by the Service Provider for consideration or free of charge.

§ 11. Use of Artificial Intelligence (AI)

1. The Service Provider informs that the Application uses:

1) AI models: language models of the provider Mistral AI, made available by Mistral AI (France) via the "La Plateforme" API, with data processing on servers located within the European Union,

2) purpose: classification of e-mail messages by degree of urgency (urgent / needs attention / no action required), recognizing and hiding newsletters, and generating suggested replies to messages,

3) risk category under Regulation (EU) 2024/1689 of the European Parliament and of the Council (Artificial Intelligence Act, hereinafter: the "AI Act"): the AI functionalities of the Application do not constitute a high-risk system; transparency obligations apply, which the Service Provider fulfills, among other things, through this section and through markings in the Application's interface.

2. The Customer acknowledges that results generated by AI:

1) may contain errors, inaccuracies or hallucinations; in particular, the Service Provider does not guarantee the accuracy of message classification or the correct recognition of newsletters – an important message may be misclassified,

2) require human verification before use; in particular, a reply suggestion generated by AI must be read and verified by the Customer before it is sent,

3) do not constitute legal, medical, financial or other professional advice.

3. The Customer undertakes to:

1) verify all AI outputs before using them, including verifying the content of a suggested reply each time before sending it,

2) not rely solely on the AI classification when assessing which messages require the Customer's action,

3) comply with the transparency requirements of the AI Act towards the Customer's own clients if the Customer uses content generated in the Application in dealings with third parties.

4. Data entered into the Application (including the content of e-mail messages processed within the AI functionalities) may be:

1) transferred to the external AI provider – Mistral AI – solely to the extent necessary to deliver the functionalities referred to in (1)(2) above,

2) in accordance with the contractual terms binding the Service Provider and the AI provider, these data are not used to train AI models; the AI provider may store input and output data for a limited time for abuse-monitoring purposes, in accordance with its current terms of service.

5. If the AI provider's services are unavailable, the AI-based functionalities of the Application (classification, hiding newsletters, reply suggestions) are expressly unavailable – the Application does not apply hidden substitute mechanisms in their place. The remaining functionalities of the Application remain available.

6. The Service Provider is not liable for:

1) business decisions made on the basis of AI outputs,

2) infringements of intellectual property rights arising from AI-generated content, or damage resulting from erroneous AI recommendations, including the consequences of the Customer sending an unverified reply suggestion.

7. AI-generated content is the property of the Customer to the extent permitted by law, subject to the rights of the AI model providers. The Customer acknowledges that AI content may not be eligible for copyright protection, that similar content may be generated for other users, and that the Service Provider does not guarantee the uniqueness of the outputs.

8. The Customer undertakes to:

1) verify that AI-generated content does not infringe third-party rights,

2) label content as AI-generated where required by law.

§ 12. Liability and Service Levels

1. The Service Provider undertakes to provide the Services with due care.

2. The Service Provider does not guarantee any specific level of performance, effectiveness or usefulness of the Application in relation to the Customer's specific needs and uses. The Customer acknowledges that during the Beta Period the Application is under development and may contain errors and experience interruptions in availability; this does not limit the rights of Consumers and Businesses with Consumer rights under the Polish Consumer Rights Act.

3. The parties exclude the Service Provider's liability for lost profits of a Customer who is a Business.

4. To the extent permitted by the provisions of the Polish Civil Code (Kodeks cywilny) and the Polish Consumer Rights Act, the Service Provider is not liable to the Customer for the consequences of:

1) Customers using any services or functionalities available within the Application contrary to their intended purpose,

2) Customers providing incorrect or untrue data,

3) the use of the Account access credentials or the app password to the e-mail mailbox by third parties, if those parties came into possession of those data as a result of their disclosure by Customers or as a result of Customers failing to adequately protect them against access by such parties,

4) the Customer connecting an e-mail mailbox without the required authorization (§ 3(7) of the Terms of Service),

5) the Customer sending messages through the Application, including the content and attachments of such messages (§ 4(6) of the Terms of Service).

5. To the extent permitted by the provisions of the Polish Civil Code and the Polish Consumer Rights Act, the Service Provider is not liable for disruptions to the functioning of the Application resulting from:

1) force majeure (which is also deemed to include the unavailability of the APIs of key external service providers – including the AI provider and the Customer's e-mail provider – or a prohibition on the use of specific AI models imposed by supervisory authorities),

2) necessary maintenance work carried out in the Application,

3) causes attributable to the Customer, including invalidation of the app password or changes to the configuration of the e-mail mailbox,

4) causes beyond the Service Provider's control, in particular the actions of third parties for whom the Service Provider is not responsible.

6. The Service Provider undertakes to carry out the work referred to in (5)(2) above in a manner that is as little disruptive to Customers as possible and, where possible, to inform them of planned work in advance.

7. The Service Provider undertakes to remedy disruptions to the functioning of the Application on an ongoing basis, where possible.

8. After the end of the Agreement, the Service Provider:

1) provides access to the data for 90 consecutive days,

2) deletes the data after that period – at the Customer's request it may do so earlier.

9. The Customer may request:

1) a full export of the data before its deletion,

2) assisted migration (optionally paid).

§ 13. Service Provider's Intellectual Property

1. All components of the Application, in particular:

1) the name of the Application,

2) the logo of the Application,

3) photographs and descriptions,

4) the operating principles of the Application, all of its graphic elements, the interface, software, source code and databases

– are subject to legal protection under the Act of 4 February 1994 on Copyright and Related Rights (ustawa o prawie autorskim i prawach pokrewnych), the Act of 30 June 2000 – Industrial Property Law (Prawo własności przemysłowej), the Act of 16 April 1993 on Combating Unfair Competition (ustawa o zwalczaniu nieuczciwej konkurencji) and other provisions of generally applicable law, including European Union law.

2. Any use of the Service Provider's intellectual property without its prior, express permission, in breach of the Terms of Service, is prohibited.

§ 14. Out-of-Court Dispute Resolution – Consumers and Businesses with Consumer Rights

1. The provisions of this section apply only to Consumers and Businesses with Consumer rights.

2. A Customer who is a Consumer or a Business with Consumer rights may use out-of-court means of handling complaints and pursuing claims.

3. Detailed information on the Customer's use of out-of-court means of handling complaints and pursuing claims, and the rules of access to those procedures, is available at the offices and on the websites of:

1) district (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection,

2) the Voivodeship Inspectorates of the Trade Inspection,

3) the Office of Competition and Consumer Protection.

§ 15. Personal Data

1. Information on the processing of personal data by the Service Provider is set out in the Privacy Policy available at: https://inboxhorizon.com/en/privacy.

2. To the extent that Customer Content (in particular the content of e-mail messages and attachments synchronized from the connected mailbox) contains personal data of third parties (e.g. the Customer's correspondents), the controller of those data remains the Customer or the entity on whose behalf the Customer uses the Application, and the Service Provider processes them solely on the Customer's documented instructions, as a processor within the meaning of Article 28 of the GDPR, for the purpose of and to the extent necessary for the provision of the Service.

3. The detailed rules of the entrustment of personal data processing referred to in (2) above, including the scope of the entrusted data and the list of entities to which the Service Provider sub-entrusts processing, are described in the Privacy Policy referred to in (1) above.

§ 16. Changes to the Service – Consumers and Businesses with Consumer Rights

1. The provisions of this section apply only to Consumers and Businesses with Consumer rights.

2. The Service Provider may change the Service where:

1) it is necessary to adapt the Service to newly emerging devices or software used by Users to use the Service,

2) the Service Provider decides to improve the Service by adding new functionalities or modifying existing functionalities,

3) there is a legal obligation to make changes, including an obligation to adapt the Service to the current state of the law.

3. A change to the Service may not involve any costs on the Customer's part.

4. The Service Provider informs the Customer of a change to the Service by placing on the Account a notice informing of the changes. Independently, information about the change may be sent to Customers by e-mail.

5. If a change to the Service will materially and negatively affect access to the Service, the Service Provider is required to inform the Customer of:

1) the characteristics and date of the change, and

2) the Customer's right to terminate the Agreement with immediate effect within 30 (thirty) days of the change being made.

6. The Service Provider sends the information referred to in (5) above to the Customer by e-mail, no later than 7 (seven) days before the change is made.

7. The Customer terminates the Agreement under (5)(2) above by submitting to the Service Provider a statement of termination of the Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(5)(1) of the Terms of Service.

8. Termination of the Agreement under (5)(2) above has the same effects as § 7 of the Terms of Service provides for in the case of withdrawal from the Agreement due to a Non-conformity.

§ 17. Amendments to the Terms of Service

1. The Service Provider may amend the Terms of Service, among other things, in the event of:

1) a change in the subject of the Service Provider's business activity,

2) the Service Provider starting to provide new services, modifying services provided to date or ceasing to provide them,

3) the end of the Beta Period, the introduction of fees for the Service or a change to the rules on fees (together with the publication of or a change to the Price List), subject to § 5(2)-(3) of the Terms of Service,

4) a technical modification of the Application requiring the provisions of the Terms of Service to be adapted to it,

5) a legal obligation to make changes, including an obligation to adapt the Terms of Service to the current state of the law.

2. The Customer will be informed of an amendment to the Terms of Service by publication of the amended version in the Application. Independently, the amended version of the Terms of Service will be sent to the Customer by e-mail.

3. Agreements concluded before an amendment to the Terms of Service are governed by the provisions of the Terms of Service in force at that time.

4. A Customer who does not agree to an amendment to the Terms of Service may terminate the Agreement with immediate effect within 10 (ten) days of receiving information about the amendment to the Terms of Service. Failure to terminate is deemed to constitute consent to the amendment to the Terms of Service, provided that covering the Customer by a paid variant of the Service always requires the Customer's express acceptance in accordance with § 5(3) of the Terms of Service.

5. Termination of the Agreement takes place by the Customer submitting to the Service Provider a statement of termination of the Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1(5)(1) of the Terms of Service.

6. Immediately after receiving the statement referred to in (5) above, the Service Provider deletes the Account.

§ 18. Final Provisions

1. The current version of the Terms of Service is effective from 16 August 2026.

2. The Terms of Service are governed by Polish law. Any disputes arising under these Terms of Service will be resolved through amicable negotiations and, if no agreement is reached, before the common court having territorial jurisdiction under the provisions of generally applicable law, provided that in disputes with Customers who are Businesses (excluding Businesses with Consumer rights) the competent court is the court having jurisdiction over the Service Provider's registered office.

3. In matters not regulated in the Terms of Service, the provisions of generally applicable Polish law shall apply.