Kladivio Platform Terms of Service

Last updated: February 27, 2026

Preamble

This document, hereinafter referred to as the "Terms of Service", constitutes a legally binding agreement between Hoang Duc Vu, conducting business under the name PROTOSOFT Hoang Duc Vu, based in Poland, NIP: 5252341878, REGON: 382872920 (hereinafter referred to as the "Operator" or "Service Provider"), and any natural person, legal person, or organizational unit without legal personality that uses the Kladivio internet platform (hereinafter referred to as the "User").

The Terms of Service define the detailed rules and conditions for the provision of electronic services through the Kladivio Platform, available at app.kladivio.pl and the informational website kladivio.pl. Acceptance of these Terms of Service is a necessary condition for creating an Account and using the full functionality of the Platform. By registering, the User declares that they have read, fully understand, and accept the Terms of Service without reservation.

The Kladivio Platform is an advanced SaaS (Software as a Service) tool designed for the automation and optimization of sales processes on the Allegro platform. The services offered by the Operator aim to support entrepreneurs in the efficient management of their e-commerce business.

§ 1. Definitions

Terms used in these Terms of Service capitalized have the following meaning:

Terms of Service – this document together with all annexes and integral parts, defining the rules for the provision of Services.
Operator (or Service Provider) – Hoang Duc Vu, conducting business under the name PROTOSOFT Hoang Duc Vu, NIP: 5252341878, being the owner and administrator of the Platform.
Platform (or Service) – the Kladivio web application, available at app.kladivio.pl, provided in SaaS model, serving to manage online sales, in particular on the Allegro portal.
User – an entity (natural person conducting business, legal person, organizational unit) with full legal capacity who has accepted the Terms of Service and entered into a service agreement with the Operator.
Account – an individual, password-protected administrative panel of the User within the Platform, created during Registration, enabling access to Services.
Registration – the process of creating an Account by the User, consisting of providing required data and accepting the Terms of Service and Privacy Policy.
Services – all functionalities and tools made available by the Operator within the Platform, including in particular AI Auto-Responder, Repricing, offer and order management.
Subscription Plan (or Plan) – the variant of Services selected by the User, differing in scope of functionality, limits, and price. Available Plans are Starter, Pro, and Business.
Billing Period – a recurring 30-day period for which the User pays a subscription fee for using paid Subscription Plans.
Pricing – the informational document available at kladivio.pl/pricing, specifying the fees for individual Subscription Plans.
Allegro – the online trading platform operated by Allegro sp. z o.o. based in Poznań, with which the Kladivio Platform integrates.
Allegro API – the application programming interface provided by Allegro, enabling external applications such as Kladivio to interact with Allegro service data and functions.
User Content – all data, information, materials (including texts, graphics, logos) entered, uploaded, or otherwise made available by the User within the Platform.
Force Majeure – an external event beyond reasonable control, such as natural disasters, wars, acts of terrorism, failures of public telecommunications networks, which prevents the performance of contractual obligations.
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.
Privacy Policy – a separate document, forming an integral part of the Terms of Service, defining the rules for processing Users' personal data.

§ 2. Technical Requirements and Registration Process

Technical Requirements: Proper use of the Platform requires the User to have a device with Internet access and an updated web browser (e.g., Google Chrome, Mozilla Firefox, Microsoft Edge, Safari) with cookies and JavaScript enabled. The Operator is not responsible for technical problems resulting from failure to meet these requirements.
Registration Process: Creating an Account is voluntary and free. Registration takes place by filling out the dedicated registration form available on the Platform or through authentication mechanisms offered by external services such as Google or Allegro (OAuth).
Data Provision: The User is obliged to provide true, complete, and current data in the registration form. In case of data changes, the User is obliged to update them promptly in the Account panel. Providing false data may result in refusal to provide Services or Account blocking.
Account Security: The User is solely responsible for keeping the Account password confidential and for all actions taken with its use. The Operator is not responsible for the consequences of disclosing the password to third parties. In case of suspected unauthorized access to the Account, the User is obliged to immediately inform the Operator.

§ 3. Types and Scope of Services

Service Description: The Operator provides Services through the Platform consisting of making available advanced tools for automating and optimizing sales on the Allegro platform. A detailed description of functionalities is available on the website kladivio.pl.
Main Functionalities:
- AI Auto-Responder: A tool using artificial intelligence to automatically generate reply suggestions to buyer messages.
- Repricing: A system for automatic adjustment of offer prices based on rules and market conditions defined by the User.
- Offer and Order Management: A centralized panel for managing listings, offers, and order fulfillment process.
Service Availability: The Operator makes every effort to ensure continuity of Platform operation. However, it reserves the right to temporarily interrupt Services due to maintenance, modernization, or in case of Force Majeure. Users will be informed of planned technical interruptions in advance.

§ 4. Subscription Plans and Payments

Subscription Plans: Use of Platform Services is possible within one of the available Subscription Plans: Starter (free plan with limited functionality), Pro, and Business (paid plans). Current specification and pricing are available at kladivio.pl/pricing.
Fees: A subscription fee is charged in advance for each Billing Period for using paid Subscription Plans. Payments are processed through external payment operators.
Price Changes: The Operator reserves the right to change Pricing. New prices will apply from the new Billing Period, provided that the User is informed of the change at least 30 days before it takes effect. Failure to withdraw from the Service after receiving information about pricing changes is equivalent to acceptance of the new conditions.
Invoices: Upon request, the Operator will issue a VAT invoice for paid Services. Invoice data should be provided in Account settings.

§ 5. User Rights and Obligations

User Obligations: The User undertakes to use the Platform in accordance with its intended purpose, these Terms of Service, and applicable law. Actions that could disrupt Platform operation, lead to unauthorized access to other Users' data, or violate the Operator's intellectual property rights are prohibited.
User Content: The User declares that they have all rights to User Content entered into the Platform and bears full responsibility for its compliance with the law. The Operator is not responsible for content posted by Users.
Right to Withdraw: The User has the right to withdraw from using the Services at any time by deleting their Account or canceling the subscription in the administrative panel. Withdrawal from a paid Subscription Plan takes effect at the end of the current Billing Period.

§ 6. Operator Rights and Obligations

Operator Obligations: The Operator undertakes to provide Services with due diligence and to ensure the highest quality and availability of the Platform. The Operator will take all necessary actions to protect User data in accordance with the Privacy Policy.
Right to Modify Services: The Operator reserves the right to modify Platform functionality, introduce new Services, or change existing ones. Users will be informed of significant changes in advance.
Right to Block Account: The Operator has the right to immediately block or delete the User's Account in case of gross violation of these Terms of Service, in particular actions harmful to the Operator or other Users.

§ 7. Liability

Limitation of Liability: The Operator is liable for non-performance or improper performance of Services only for actual damages suffered by the User, excluding lost profits. The Operator's liability is limited to the amount of three months of subscription paid by the User.
Disclaimer of Warranties: The Operator does not guarantee that the Platform will operate uninterruptedly and without errors. The User uses the Platform at their own risk.
AI Actions: The Operator is not responsible for business decisions and any damages resulting from actions taken by artificial intelligence systems (e.g., automatic responses, price changes) that were approved or configured by the User.

§ 8. Intellectual Property

Copyright: All rights to the Platform, including its source code, graphical interface, logos, content, and other elements, constitute the exclusive intellectual property of the Operator and are protected by law. Use of the Platform does not mean the User acquires any rights in this regard.
License: Upon commencement of use of the Services, the Operator grants the User a non-exclusive, non-transferable license to use the Platform, limited in time to the period of the agreement, solely for the purpose of conducting their own business activity.

§ 9. Final Provisions

Terms of Service Changes: The Operator reserves the right to unilaterally change these Terms of Service. Users will be informed of any changes by email to the address provided during registration, with at least 14 days' notice. Continued use of the Services after the changes take effect means acceptance of them.
Governing Law and Jurisdiction: These Terms of Service are governed by Polish law. Any disputes arising from the performance of the agreement will be resolved by the court of general jurisdiction competent for the Operator's seat.
Contact: All questions, comments, and complaints regarding the operation of the Platform should be directed to: dev@kladivio.pl.

§ 10. Personal Data Processing

Data Controller: The data controller of Users' personal data is the Operator. Detailed rules for processing personal data, including purposes, legal bases, and Users' rights, are set out in the Privacy Policy and GDPR document, which form an integral part of these Terms of Service.
Data Processing Entrustment: By entering personal data of their customers (e.g., Allegro order data) into the Platform, the User entrusts the Operator with their processing to the extent necessary for the provision of Services. The Operator undertakes to process such data in accordance with GDPR, ensuring an appropriate level of security.

§ 11. Confidentiality

Confidentiality Obligation: Both the Operator and the User undertake to maintain strict confidentiality of all confidential information obtained in connection with the performance of this agreement. Confidential information includes in particular commercial, financial, technical, and organizational data of the other party.
Exceptions: The confidentiality obligation does not apply to information that is publicly known, was obtained from third parties without breach of confidentiality, or whose disclosure is required by mandatory provisions of law.

§ 12. Term and Termination

Conclusion of Agreement: The service agreement is concluded for an indefinite period upon successful completion of the Registration process and acceptance of the Terms of Service.
Termination: Either party may terminate the agreement with observance of the notice period, which for paid Subscription Plans ends with the expiry of the current Billing Period. Termination can be made by canceling the subscription in the Account panel.
Effects of Termination: Upon termination, access to the Account and Services is blocked. The User has 30 days to export their data from the Platform. After this period, data may be permanently deleted, except for data that must be retained under applicable law (e.g., accounting data).

§ 13. Complaints Procedure

Filing Complaints: All complaints regarding the operation of the Platform or the quality of Services provided should be submitted by email to dev@kladivio.pl. The complaint should contain at least the User's identification data and a detailed description of the problem.
Handling Complaints: The Operator will consider the complaint within 14 business days of receipt and inform the User of the manner of resolution. In justified cases, this period may be extended.

§ 14. Additional Provisions

Integrity of Agreement: These Terms of Service, together with the Privacy Policy, GDPR, and Pricing, constitute the entire agreement between the Operator and the User.
Invalidity of Provisions: If any provision of the Terms of Service is found to be invalid or ineffective, the validity of the remaining provisions is not affected.
Language of Agreement: The language of the agreement is Polish. This English version is provided for informational purposes; in case of dispute, the Polish version shall prevail.

§ 15. Detailed Service Description

AI Auto-Responder Module:
- Purpose and Operation: This module aims to support the User in fast and effective communication with customers on the Allegro platform. The system analyzes incoming message content and generates reply suggestions based on context (e.g., query content, order data, conversation history). The User has full control and may: a) accept and send the suggested reply unchanged, b) edit the reply before sending, c) reject the suggestion and write a reply independently.
- Data Sources and AI Model: The system uses data provided by the Allegro API. Natural language processing is performed using world-class language models provided by external technology partners. The User accepts that anonymized data may be transmitted to these partners in accordance with data processing agreements.
- User Responsibility: The User bears full and exclusive responsibility for the final content of sent replies. The Operator provides only a supporting tool and is not responsible for content, factual accuracy, or legal or financial consequences of sent messages.
Repricing Module:
- Purpose and Operation: The Repricing module allows automatic adjustment of the User's offer prices on Allegro based on a defined set of rules. The User can set minimum and maximum price thresholds, target ranking position, and pricing strategies relative to competitor prices.
- Configuration and Control: The User has full control over pricing strategy and is obliged to carefully define automation rules. The Platform provides detailed logs and reports for tracking all price changes.
- User Responsibility: The Operator bears no responsibility for financial results achieved by the User through the Repricing module. All decisions regarding pricing strategy are made at the User's sole risk.

§ 16. Platform Use Rules and Prohibited Activities

Permitted Use: The User undertakes to use the Platform only for purposes related to their business activity, in a legal manner and in accordance with good practices.
Prohibited Activities: The User is strictly prohibited from:
- Using the Platform for any unlawful purposes, including selling illegal goods, infringing third-party rights, or goods from illegal sources.
- Attempting unauthorized access to the Operator's systems, other Users' Accounts, or data interception.
- Reverse engineering, decompilation, disassembly, or any other attempts to reproduce the Platform source code.
- Transmitting offensive, discriminatory, vulgar, or hate-inciting content through the Platform.
- Using the Platform for mass distribution of unsolicited commercial information (spam).
- Overloading the Operator's server infrastructure in an unreasonable manner.
Consequences of Violations: Violations may result in immediate and permanent blocking or deletion of the Account, without the right to refund of fees paid.

§ 17. Service Level Agreement (SLA)

Service Availability: The Operator undertakes to maintain Platform availability at no less than 99.5% per calendar month. Planned maintenance and Force Majeure are excluded.
Planned Maintenance: Scheduled maintenance may be performed during night hours (22:00–06:00 Polish time). Users will be informed at least 48 hours in advance.
Technical Support Response Time: Technical support is available at dev@kladivio.pl. First response time is up to 24 hours on business days.
SLA Compensation: If availability falls below 99.5% due to Operator fault, paid plan Users may claim compensation in the form of a discount on the next billing period.

§ 18. Security and Data Protection

Security Measures: The Operator applies advanced technical and organizational measures including TLS encryption, AES-256 encryption for sensitive data, EU-based infrastructure (Hetzner), and regular security audits.
Security Incident Reporting: In case of suspected security incident, the User must immediately inform the Operator.

§ 19. Final and Transitional Provisions

Assignment of Rights: The User may not assign rights and obligations under this agreement to third parties without prior written consent of the Operator. The Operator reserves the right to assign the agreement to another entity with 30 days' notice.
Language and Communication: The official language of communication is Polish. All correspondence will be directed to the email address provided during Registration.
Dispute Resolution: The parties undertake to resolve disputes amicably. In case of failure to reach agreement within 30 days, disputes shall be resolved by the court of general jurisdiction competent for the Operator's seat. Consumer Users may also use the EU ODR platform.
Entry into Force: These Terms of Service enter into force upon publication on kladivio.pl. For Users registered before this date, new provisions take effect 14 days after notification of changes.