§ 1. Definitions
- Terms and Conditions – these Terms and Conditions of the ONE PLC SOFTWARE IT tool.
- Agreement – an agreement concluded by the Parties, the content of which is specified in the Terms and Conditions, unless the Parties have agreed otherwise.
- Service Provider – PLC Software Kierzkowski, Purczyński, Ślebodziński Spółka komandytowa with its registered office in Poznań (61-314), 31A Michałowo Street, entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0001151685, NIP 7822950286, REGON 54074126700000. Any change of the Service Provider's company (name), registered office or registered office address, identification numbers, does not constitute a change to the Terms and Conditions, however, it requires an announcement on the Service Provider's website or notification of such a change in a documentary form (e.g. e-mail or system message).
- Service Recipient – having the status of an entrepreneur (within the meaning of Polish Civil Code): a natural person, a legal person or an organisational unit that is not a legal person, to which the regulations grants legal capacity, which has concluded an Agreement with the Service Provider.
- Parties – jointly the Service Provider and the Service Recipient.
- Party – each of the Parties separately.
- Service(s) – a service or services provided by the Service Provider on the terms specified in the Terms and Conditions, in particular providing access to the Application and enabling its use, in accordance with its purpose.
- Subscription fee – a fee specified in the Agreement, paid cyclically, for a specified period of time, by the Service Recipient to the Service Provider, for the Services provided by the Service Provider, including the use of the Application.
- Application – a computer program made available remotely to the Service Recipient called ONE PLC SOFTWARE, based on the RAG mechanism enabling the AI Models to generate responses to the End User's Query.
- Query – content in the form of a text query directing to a selected AI Model entered by the End User via the Application, processed with or without the use of the RAG mechanism, depending on the type of Query.
- Response – content generated by the selected AI Model as a result of processing a Query submitted by the End User via the Application, presented in text or other available form, generated with or without the use of the RAG mechanism, depending on the type of Query and the functionality of the selected AI Model.
- OpenRouter - OpenRouter, Inc., located at 169 Madison Avenue, New York, NY 10016, United States, a third-party AI Model aggregation service used by the Service Provider to enable access to AI Models provided by AI Model Providers through Application. OpenRouter enables the transmission of Queries to selected AI Models and the receipt of generated Responses via Application.
- AI Model – a generative AI language model (LLM) made available within the Application by the AI Model Provider, used to generate Responses.
- AI Model Provider – a third party that is not a Service Provider that develops, maintains and makes available an AI Model on the terms specified by this provider.
- Token - a unit of consumption used by an AI Model Provider to measure the processing of Queries, Responses and other data by an AI Model. The method of calculation, categorization and measurement of Tokens is determined by the relevant AI Model Provider and may vary between AI Models and AI Model Providers.
- Hallucination – a feature of the AI Model that generates Responses that may contain false, non-existent, or unverified information. The occurrence of hallucinations is not an Error in the operation of the Application and does not constitute improper performance of the Agreement by the Service Provider. Hallucination is an AI Model Error, and the occurrence of hallucinations occurs at the risk and responsibility of the AI Model Provider. The Service Recipient understands and accepts this risk.
- RAG (Retrieval-Augmented Generation) – a mechanism based on the combination of an AI Model with an external database, enabling dynamic search and inclusion of current and contextual information in the Responses generated by a given AI Model.
- License – a license to use the Application granted by the Service Provider to the Service Recipient pursuant to the Terms and Conditions and to the extent, conditions and term of validity specified in the Terms and Conditions.
- Account – space in the Application made available to the Service Recipient as part of the Services provided, allowing the Service Recipient or the End User to use the functionality of the Application within specific Instances. The Service Provider allows the Service Recipient to create User Accounts (with standard permissions in the Application) and Administrator Accounts (with extended administrative rights in the Application). Within the Administrator Account, it is possible to create, modify and delete Accounts, grant and revoke access of Accounts to specific Instances or functionalities of the Application, as well as to manage the scope of Accounts' rights within the Application.
- Instance – a separate space of the Application within the Account, assigned to a specific department or scope of the Service Recipient's activity, ensuring the processing of Data specified by the Service Recipient.
- AI Assistant – a configurable functionality of the Application created by the Service Recipient and based on one or more AI Models, to which the Service Recipient may assign a specific purpose, role, instructions, Data and other operating parameters. An AI Assistant may be made available to multiple End Users within a given Instance and may process Queries or perform actions within the scope of functionalities available in the Application.
- End User(s) – natural persons employed by the Service Recipient, regardless of the legal basis for the provision of work, and any other persons who provide services to the Service Recipient, to whom the Service Recipient has granted the right to use the Application on their behalf and for their benefit in accordance with the Terms and Conditions.
- Error – the occurrence of an unplanned limitation in the proper operation of the Application, as a result of which the use of the Application by the Service Recipient or End Users is hindered or completely or partially impossible. The following types (categories) of Error are distinguished:
- Critical Error – an Application Error that completely prevents the use of the Application;
- High Error – Application error where basic functions of the Application do not work;
- Low Error – other Application Errors that do not meet the prerequisites of a Critical Error or High Error.
However, the concept of Error (which distinguishes between Fatal Error, High Error and Low Error) does not include Hardware Errors and AI Model Errors as defined below.
- Hardware Error – any cases of malfunction or non-operation of the Hardware and System Platform, for which the Service Recipient is responsible and which the Service Recipient is obliged to remove, at their own expense and risk.
- AI Model Error - any instance of malfunction or non-operation of the AI Model which the AI Model Provider should remove, at its own expense and risk.
- Hardware and system platform – belonging to the Service Recipient: computer hardware, including workstations, servers and their environment, as well as operating systems and web browsers. The minimum configuration of Hardware and system platform to ensure the proper operation of the Application is specified in the Terms and Conditions. A change in the aforementioned configurations or technical parameters does not constitute a change to the Terms and Conditions, but requires notification to the Service Recipient in a documentary form (e.g. e-mail or system message).
- Maintenance Services – paid Services provided by the Service Provider to the Service Recipient, consisting in verifying or removing Errors on the terms and conditions specified in the Terms and Conditions.
- Update – any change to the Application made available to the Service Recipient during the term of the Agreement, in particular modifications to the Application, extensions, subsequent versions.
- Business day – every day from Monday to Friday from 8:00 a.m. to 4:00 p.m. (Business Hours), except for public holidays in Poland.
- Data – files, information, materials, websites and other information of the Service Recipient, provided by the Service Recipient to enable the operation of the Application.
- Copyright – the Polish Act of 4 February 1994 on Copyright and Related Rights.
§ 2. General
- The Service Recipient is obliged to familiarize themselves with the principles of operation of the Application, in particular with regard to the functionality and limitations of the AI Model, as well as to comply with the Service Provider's recommendations and guidelines regarding the proper use of the Application.
- The Application is a work within the meaning of the Copyright Law, and the Service Provider is the holder of the economic copyright to the Application.
- Infringement of copyright to the Application by the End User is tantamount to infringement of copyright to the Application by the Service Recipient.
- The Application enables the Service Recipient and End Users to access and use AI Models provided by AI Model Providers through OpenRouter, a third-party AI Model aggregation service. The Service Provider acts solely as an intermediary and technical service provider enabling integration with and access to such AI Models through the Application and OpenRouter.
- The Service Recipient acknowledges that the AI Models are operated, maintained, and made available by AI Model Providers, who retain all rights, including intellectual property rights, to the respective AI Models. The use of particular AI Model is subject to separate terms, conditions, or licenses specified by the AI Model Provider. The Service Provider does not transfer any intellectual property rights to the AI Model to the Service Recipient.
- The Service Provider expressly stipulates that it is categorically prohibited to place any Data or Queries of an unlawful nature within the Application, in particular content that violates the rights of other persons.
- In order for the Application's proper operation, it is necessary to meet the following requirements:
Virtual Machine Requirements Based on the Number of End Users
| Number of End Users | CPU | RAM | Disk Space | Operating System |
|---|---|---|---|---|
| Up to 75 End Users | 4 vCPUs, minimum 3.0 GHz. For CPUs with a lower clock speed, 6 vCPUs are recommended. | 16 GB | Minimum 50 GB initially | Ubuntu Server Linux, currently supported LTS version |
| Up to 150 End Users | 6 vCPUs, minimum 3.0 GHz. For CPUs with a lower clock speed, 8 vCPUs are recommended. | 24 GB | Minimum 100 GB initially | Ubuntu Server Linux, currently supported LTS version |
| Up to 200 End Users | 8 vCPUs, minimum 3.0 GHz. For CPUs with a lower clock speed, 10 vCPUs are recommended. | 32 GB | Minimum 120 GB initially | Ubuntu Server Linux, currently supported LTS version |
| Up to 300 End Users | 12 vCPUs, minimum 3.0 GHz. For CPUs with a lower clock speed, 16 vCPUs are recommended. | 48 GB | Minimum 200 GB initially | Ubuntu Server Linux, currently supported LTS version |
Network Requirements
| Area | Requirement |
|---|---|
| Internal Network | User and client system access to the application via HTTPS over TCP port 443 |
| External Network | Outbound application access to the PLC ONE proxy connector at IP address 91.207.187.50 |
| External Communication Direction | Outbound traffic from the application server to the PLC ONE connector |
| Communication Encryption | HTTPS/TLS (the client provides the SSL certificate for the machine installed in their environment) |
| Server Addressing | A static IP address and an internal DNS name are recommended |
| Firewall | Allow the required TCP 443 traffic between users, the application server, and the PLC ONE connector |
- Due to the need to carry out periodic maintenance work, the use of the Services, including the Application, may be limited or temporary completely disabled. The Service Provider makes every effort to notify the Service Recipients in documentary form (e.g. e-mail or system message) about planned maintenance works resulting in the unavailability of the Application. Moreover, due to the properties of the Internet and the Hardware and System Platform independent of the Service Provider, the Service Provider does not guarantee uninterrupted and uninterrupted access to the Application or the Services provided.
- The Service Recipient acknowledges that the operation of the Application may depend on third-party services and infrastructure - AI Model Providers and OpenRouter. Therefore, to the extent permitted by applicable law, the Service Provider does not guarantee uninterrupted or error-free access to particular AI Models made available through the Application.
§ 3. Statements of the Parties
- The Service Provider declares that it has the knowledge, qualifications and skills necessary for the proper provision of the Services.
- The Service Provider may entrust the performance of the Services to its employees, associates and other subcontractors, at its sole discretion.
- The use of the Application means the acceptance of these Terms and Conditions by the Service Recipient and the obligation to comply with their rules.
- The Service Recipient declares that they have read, accept and undertake to comply with the Terms and Conditions of the OpenRouter.
- The Service Recipient declares that they have read, accept and undertake to comply with the Terms and Conditions of the AI Model Providers selected by them. The Terms and Conditions of the AI Model Providers are available here.
§ 4. Access to the Services
- The Service Provider provides the Service Recipient with the Application in the form of an image of a virtual machine (Open Virtualization Format), which is installed on the Service Recipient’s Hardware and system platform (on-premise model). The Application is integrated with OpenRouter, a third-party AI model aggregation service that enables access, through third-party application programming interfaces (APIs), to various AI Models made available by AI Model Providers.
- The Service Provider may provide the Service Recipient with Application implementation services including support with the installation, configuration, integration and commissioning of the Application. In such a case, the Service Recipient shall cooperate with the Service Provider to the extent reasonably required for the proper performance of the implementation services. Unless otherwise agreed, implementation services are subject to separate remuneration agreed individually between the Parties.
- The use of the Services requires the prior creation of an Administrator Account by the Service Provider. Following the creation of the Administrator Account, the Service Recipient may create additional User Accounts for End Users within the Application.
- In order to create the initial Administrator Account, the Service Recipient is obliged to provide the Service Provider with the identification data indicated by the Service Provider.
- The Application enables the Service Recipient to create, configure, modify and delete AI Assistants.
- The Service Recipient acknowledges that certain AI Assistants may use advanced functionalities, including automation, multi-step task execution, data analysis, reasoning processes or interactions with multiple AI Models. The use of such functionalities may result in increased Token consumption compared to standard Query and Response processing.
- The Service Recipient may allow any number of End Users to use the Services, including the Application. The personal data of the End Users are known only to the Service Recipient, the Service Provider does not have access to this data.
- The Service Recipient shall be liable for the actions and omissions of the End Users as well as for their own acts and omissions.
- The Service Recipient ensures that the Account credentials, i.e. the login and password to the Account, will be properly secured against access by unauthorized persons. Establishing, managing, storing and securing the credentials of the Accounts is at the risk and responsibility of the Service Recipient. The Service Provider shall not be liable for the consequences of the Service Recipient or the End User making the credentials of the Accounts available to third parties or for the consequences of their improper security.
- The Service Recipient is obliged to immediately change the Account password in the event of becoming aware of their disclosure, loss or possibility of unauthorized use, and to take all necessary actions to secure access to the Account.
§ 5. Data
- In order to operate, the Application requires the Service Recipient to provide the Data on the basis of which the Application will operate. The Application will process the Data and inform the End Users about it, to which the Service Recipient agrees.
- After transferring the Data to the Application, the Service Provider converts the Data using the Optical Character Recognition (OCR) method.
- The Service Recipient is fully responsible for the content of the Data. The Service Recipient assures to possess all rights to the Data, that their use does not violate the rights of other persons, good manners and the law.
- The Data should not contain personal data within the meaning of the applicable regulations.
- Prior to uploading or otherwise making available within the Application any Data, documents, Queries or other content containing personal data, the Service Recipient shall be responsible for entering into a data processing agreement with the Service Provider, where required under applicable data protection laws, including Article 28 of 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). In the absence of such a data processing agreement, the Service Recipient uploads or otherwise makes available such personal data within the Application at its own responsibility.
§ 6. Queries and Responses
- The application allows to submit the following Queries:
- at the level of a given Instance (closed knowledge) - A query limited to Data, not using information from sources other than Data. The Query has the lowest risk of hallucinations of the AI Model.
- at the level of a given Instance (open knowledge) - A Query limited to Data, using information from sources other than Data. The Query is characterized by a low risk of hallucinations of the AI Model.
- Any – A Query that is not limited to Data, using information from sources other than Data. The Query is characterized by an increased risk of hallucinations of the AI Model.
- Depending on the functionalities made available in the Application, the End User may specify which Data, knowledge sources, filters or other processing parameters to be used in connection with a Query. The functionalities available within the Application may be modified, expanded, limited or discontinued by the Service Provider from time to time.
- The End User creates a Query within the Account, which is processed on the Hardware and system platform. Next, the Hardware and system platform forwards the Query to the Service Provider, who verifies the possibility of forwarding the Query to the AI Model in terms of compliance of the request with the Agreement and the Terms and Conditions.
- In the event of positive verification by the Service Provider, the Query is forwarded to the selected AI Model via OpenRouter, which generates Response to it. Response is communicated to the End User via the Application.
- The processing of Queries and generation of Responses by AI Models results in the consumption of Tokens in accordance with the rules applied by the relevant AI Model Provider.
- The number of Tokens consumed may vary depending on the selected AI Model, the type of Query, the amount and type of Data processed, the complexity of the Query, the length and complexity of the generated Response, as well as the use of functionalities requiring multiple interactions with one or more AI Models.
- Certain Queries and functionalities may result in increased Token consumption, including, without limitation, the processing of large documents, images, source code or other files, the generation of extensive Responses, the use of reasoning-oriented AI Models, and the execution of multi-step or autonomous tasks.
- The rules governing the calculation, categorization and measurement of Tokens are determined solely by the relevant AI Model Provider. The Service Provider does not control and shall not be responsible for any changes introduced by AI Model Providers to the rules governing the calculation, categorization or measurement of Tokens.
- Queries are subject to technical limitations resulting from the capabilities and limitations of the selected AI Model. In addition, the Application may enable the Service Recipient to configure limits applicable to Queries, including limits expressed in the number of characters, Tokens or other technical parameters. Queries exceeding the applicable technical or configured limits may not be processed or forwarded to the selected AI Model.
- The Application provides the Service Recipient with access to information regarding Token consumption.
- The Service Provider does not have access to the content of the Query and Responses and to the history of the Queries and Responses. Access to this information is granted only to the Service Recipient and the End User as part of the functionality of the Account.
- When the End User submits a Query or requests generation of a Response through the Application, the Application routes such Query to the selected AI Model via OpenRouter. The Service Provider acts solely as an intermediary and technical service provider enabling communication and integration between the Application and the selected AI Model Provider, including transmitting via OpenRouter the Query to the relevant AI Model Provider and returning the generated Response to the End User through the Application.
- The Service Recipient acknowledges and agrees that Responses generated by AI Models may contain errors, inaccuracies, incomplete or misleading information, biases, or other defects resulting from the nature of AI Models. The Service Provider does not guarantee the accuracy, reliability, completeness, suitability, or correctness of any Responses generated by AI Models and the Service Recipient and End Users should not rely on such Responses without appropriate human verification and assessment. The Service Recipient remains solely responsible for any use of, reliance on, publication, distribution, or actions taken on the basis of the generated Responses.
- The Service Recipient and/or the End User retain all rights, including intellectual property rights, to the Query to the extent such rights are vested in them under applicable law. The Service Recipient is solely responsible for ensuring that they possess all necessary rights, authorizations, and legal bases required to use the Query within the Application and to transmit it to the selected AI Model Providers.
- The ownership status and intellectual property rights relating to Response may depend on the terms, conditions, and policies of the relevant AI Model Provider used to generate such Response. The Service Provider does not guarantee that any Response constitutes a work protected under Copyright law, nor that the Service Recipient or the End User acquires exclusive rights to such Response. The Service Recipient acknowledges that identical or similar Responses may be generated for other users by the same or different AI Models and that Responses generated through the Application may not be unique.
- Any Queries, Responses or other information transmitted to AI Model Providers shall be processed in accordance with the respective privacy policies, terms, and data processing practices of such AI Model Providers. The Service Provider is not responsible for the manner in which AI Model Providers collect, process, store, use, retain, transfer, or otherwise handle such data.
- The Service Recipient is obliged to independently verify whether the terms, privacy policies, and data processing practices of the selected AI Model Providers comply with the Service Recipient’s legal, regulatory, and internal compliance requirements before transmitting any Queries through the Application.
- The Service Recipient declares that they have read and accept the Privacy Policy of the OpenRouter.
- The Service Recipient declares that they have read and accept the Privacy Policies of the AI Model Providers selected by them. The Privacy Policies of the AI Model Providers are available here.
§ 7. License to Use the Application
- Upon payment of the first Subscription Fee by the Service Recipient, the Service Provider grants the Service Recipient a non-exclusive license to use the Application without territorial restrictions, in accordance with its purpose specified in the Terms and Conditions.
- The Service Provider declares that on the basis of separate agreements concluded with third parties entitled to specific works used to create elements of the Application, it is entitled to use and dispose of these elements of the Application, including the distribution of the Application to the extent enabling the conclusion and performance of the Agreement, in particular to grant non-exclusive and non-transferable licenses (further licenses) to use the Application, under the conditions described in the Terms and Conditions. Both the License and the sub-license are referred to in the following Terms and Conditions as the License, without distinction whether it is a license or a sub-license.
- The License is granted for the duration of the Agreement.
- The remuneration for granting the License is included in the Subscription Fee.
- The source code of the Application is covered by the Service Provider's trade secret and is not made available to the Service Recipient.
- The License does not entitle the Service Recipient to:
- translation of the output code of the Application,
- making changes to the source code of the Application,
- decompile or disassemble all or parts of the Application,
- make translations, layout changes or other changes to the Application.
- The Service Recipient may use the Application only to the extent that their rights have been specified in the Terms and Conditions. No other rights to use or the right to benefits other than those specified in the Terms and Conditions shall be assumed.
- The license is granted for the period specified in the Agreement. The license may be terminated with a one-month notice period effective at the end of the calendar month.
- Expiration or termination of the License will result in termination of the Agreement on the same date.
§ 8. Service Recipient's Own AI Model
- The Application may enable the Service Recipient and End Users to access and use AI Models that are made available to the Service Recipient under a separate agreement concluded between the Service Recipient and AI Model Provider or AI Models otherwise lawfully used by the Service Recipient. The Service Provider acts solely as an intermediary and technical service provider enabling integration with and access to such AI Models through the Application.
- The Service Recipient shall be solely responsible for obtaining and maintaining all subscriptions, licenses, accounts, API credentials and other rights required to access and use such AI Models, as well as for complying with the applicable terms and conditions of the relevant AI Model Provider.
- The Service Provider does not provide such AI Models, is not a party to the agreement between the Service Recipient and the relevant AI Model Provider, and shall not be responsible for the availability, performance, functionality, pricing, billing or terms of use of such AI Models.
- The Service Recipient acknowledges that the operation of the Application may depend on third-party services and infrastructure - Service Recipient’s AI Models Providers. Therefore, to the extent permitted by applicable law, the Service Provider does not guarantee uninterrupted or error-free access to Service Recipient’s AI Models made available through the Application.
- Where the Service Recipient uses AI Models pursuant to this paragraph:
- § 2. section 4,
- §3. section 4-5,
- §4. section 1 second sentence,
- §6. section 4, 12, 18, 19,
- §10. Sections 4-6,
- §13. Sections 3, 14,
shall not apply.
§ 9. Updates
- During the period of using the Services, the Service Provider has the right to introduce Updates, whereby the directions and scope of development of the Application, including the creation of Updates, are decided solely by the Service Provider.
- If an additional service is created as part of the Update, the Service Provider is entitled to make it available to the Service Recipient for an additional fee, specified individually by the Service Provider.
- Updates to the Application may be made available automatically or may be installed by the Service Provider as part of the Services. Where the installation of an update requires additional implementation, configuration or other professional services, the Service Provider may charge separate remuneration.
- Updates are made available in the form developed by the Service Provider. The Service Provider is not obliged to adapt the new elements of the Application to the needs of the Service Recipient.
- In order to develop the Application, the Service Provider is also entitled to change the providers of AI Models, which does not constitute an amendment to the Terms and Conditions.
§ 10. Payment Terms
- For the provision of Services, the Service Provider is entitled to a Subscription Fee.
- Unless otherwise specified in the Agreement, the Subscription Fee covers a period of one month.
- The Subscription fee includes:
- use of the Application within a selected number of Instances,
- granting of a license,
- availability of selected AI Models in terms of responding to the Inquiry.
- According to the AI Model Provider's policies, the use AI Model is based on Token consumption. The Service Recipient may purchase Tokens by placing an order specifying the amount to be credited towards Token usage. The Service Provider shall issue an invoice for the ordered amount in accordance with the Agreement. The purchased Token balance shall be made available to the Service Recipient after payment of the relevant invoice.
- For the purposes of determining the Token usage under the Agreement, the Service Provider may rely on usage data made available by OpenRouter, AI Model Providers or intermediary service providers used to access AI Models.
- The Service Provider is not responsible for changes in the billing rules or the method of calculation of Tokens by the AI Model Providers. The Service Provider shall not be responsible for any changes introduced by AI Model Providers affecting Token consumption, Token calculation methodologies, pricing structures or other rules applicable to the use of AI Models.
- Where the Service Recipient uses its own AI Model provided by AI Model Provider connected to the Application, the Service Provider shall not charge the Service Recipient for Token consumption, without prejudice to any other fees payable under the Agreement. In such a case §10 Sections 4-6 above shall not apply.
- The Service Recipient may pay the Subscription Fees only by bank transfer on the basis of invoices issued by the Service Provider in accordance with §10 Sections 8-10 below.
- All prices and remuneration are given in net value and will be increased by the value added tax at the rate prevailing on the invoice date.
- Unless otherwise provided in the Agreement, the payment deadline for all invoices issued by the Service Provider is 7 days from the date of their issue.
- The Service Provider will send invoices and their corrections in electronic form. For Polish companies the invoices will be send via the National e-Invoicing System (KSeF).
- In the event of a delay by the Service Recipient in the payment of all or part of the Subscription fee due to the Service Provider, the Service Provider has the right to refrain from providing the Services, in particular to prevent access to the Application or to limit or suspend other services or Services provided for in the Agreement for the benefit of the Service Recipient, without the need for a separate call for payment to the Service Recipient (Access Blocking). Under the Access Blocking, any liability of the Service Provider towards the Service Recipient, in particular for damages, is excluded.
§ 11. Maintenance Services
- The Service Recipient is obliged to report Errors (Service Requests) to the e-mail address provided by the Service Provider for this purpose: supportai@plc-solutions.pl; Reporting an Error in any other form does not result in the start of the Response Time or Repair Time, respectively.
- Each Service Request must contain the following information:
- name and surname of the person making the Service Request,
- name and phone number of the contact person on the Service Recipient's side (for the purposes of verification and removal of the Error),
- date and time of the Error occurrence,
- initial proposal for categorization of the type (category) of the Error,
- a description of what the Error manifests itself in (the so-called Error symptoms, a message from the Application with information about the Error),
- information necessary to replicate the Error in order to analyze its cause,
- optionally, an attachment in the form of a file (screenshot, imported file, etc.).
- The Service Provider is obliged to take appropriate action when the Service Request is complete, i.e. it contains all the information specified in section 2 above.
- Service Requests are accepted by the Service Provider on Business Days, taking into account their hourly range.
- If, as a result of the Service Provider's verification of the received Service Request or the work carried out on the basis thereof, it turns out that the reported malfunction of the Application operation is the result of an event other than the Error, in particular a Hardware Error, an AI Model Error, incorrect parameterization of the Service Recipient's software included in the Hardware and System Platform, other than the Application, then the Service Provider will be entitled to charge the Service Recipient with the verification costs of a given Service Request and the costs of any work performed, according to the hourly rate specified by the Service Provider.
- During the term of the Agreement, the Service Recipient undertakes, at its own expense, to immediately adapt the Hardware and System Platform to the configuration and minimum technical parameters required to ensure the proper operation of the Application, specified by the Service Provider in accordance with the Terms and Conditions.
§ 12. Complaints
- In matters not related to Errors, the Service Recipient has the right to file a complaint in matters related to the Services provided. Complaints should be sent in the form of an e-mail to the following address: supportai@plc-solutions.pl
- The Service Provider will consider and respond to the complaint within 30 days from the date of its receipt. By submitting a complaint via e-mail, the Service Recipient agrees to receive a response to the complaint by the Service Provider in the form of an e-mail message.
- In the case of written complaints, the response to the complaint will be sent to the Service Recipient at the address provided by the Service Recipient in the written complaint or electronically, if the Service Recipient has indicated such a form of contact.
§ 13. Liability of the Service Provider
- The Service Provider does not bear any responsibility for the manner of operation of the Hardware and System Platform used to use the Application by the Service Recipient.
- The Service Provider is not responsible for the quality of the Service Recipient's Internet connection, which may affect the operation of the Application.
- The Service Recipient acknowledges that the AI Models made available within the Application are provided by independent third-party providers - AI Model Providers are accessed through OpenRouter. In accordance with § 3 section 4 above, the Service Recipient accepts and undertakes to comply with the terms and conditions of the OpenRouter. In accordance with § 3 section 5 above, the Service Recipient accepts and undertakes to comply with the terms and conditions of the selected AI Model Providers. The Service Provider does not provide the AI Models and has no control over their operating, development, or availability.
- The Service Provider shall not be liable for damages arising in connection with interruptions in the operation of the Application caused by the occurrence of an AI Model Error and Hardware Errors.
- The Service Provider shall not be liable for any damages incurred in connection with the entry of any type of Data into the Application by the Service Recipient. The Service Recipient is solely responsible for the Data entered as part of the Application.
- The Service Provider does not bear any responsibility for the method of selecting the Data and their processing by the AI Model and the End Users. The Service Provider does not participate in, control, supervise, or verify the processing of Data or generation of Responses performed by the AI Models.
- The Service Provider does not assume responsibility for the content of the Queries made within the Application by the End Users.
- The Service Provider shall not be liable for any acts, omissions, errors, interruptions, unavailability, defects, or other issues arising from or related to the operation of the AI Models, including but not limited to the generation of incorrect, incomplete, misleading, biased, or otherwise defective the generated Response. In Particular the Service Provider is not responsible for:
- the correctness of the generated Response. AI Model Responses are for informational purposes only and Service Provider do not guarantee the quality, correctness or completeness of the Response.
- possible hallucinations of the AI Model. In particular, the Service Provider does not guarantee a specific level of hallucination of the AI Model.
Any liability related to the functioning of the AI Models rests solely with the respective AI Model Providers. The Service Provider does not review, monitor, moderate, approve, endorse, or validate Responses generated by AI Models.
- The Service Recipient acknowledges that any claims relating to the operation of the AI Models, including in particular their performance, Responses, compliance with applicable law, or potential infringement of third-party rights, should be addressed directly and exclusively to OpenRouter or the relevant AI Model Provider in accordance with their terms and conditions. This does not exclude the Service Provider’s liability where such liability cannot be excluded under applicable law. The Service Provider shall not be liable for any infringement of the rights of third parties and causing any damage to third parties as a result of and in connection with the activities carried out by the Service Recipient or the End User using the data collected from the Responses generated by the AI Model using the Application.
- The Service Provider's total liability towards the Service Recipient for non-performance or improper performance of the Agreement, including damages caused by Errors or other defects of the Application, is limited to actual and proven losses (the Service Provider's liability for lost benefits of the Service Recipient is excluded), caused solely by the Service Provider's intentional fault or gross negligence, as well as up to the amount of the Fees paid by the Service Recipient subscription fees for the last 3 months.
- In the event that third parties make any claim against the Service Provider on account of the use of the Application by the Service Recipient or the End User in violation of the provisions of the Agreement, the Terms and Conditions or AI Model Provider regulations, the Service Recipient is obliged to fully satisfy all justified claims arising from this. In particular, the Service Recipient is obliged to take over these claims, reimburse the costs incurred by the Service Provider and pay damages to third parties. The Service Provider undertakes to immediately inform the Service Recipient about the claims of third parties submitted to it, in order to enable the Service Recipient to take defensive actions against such claims.
- The Service Provider shall not be liable to the Service Recipient for non-performance or improper performance of the Agreement caused by force majeure, i.e. an external event, independent of the Service Provider, of an extraordinary nature, such as fire, flood, severe frost, intense snowfall, heavy rain, hurricane, earthquake, natural disaster, strike, riots, war, social unrest or epidemiological threat.
- The Service Provider provides the Application "as is". Any liability of the Service Provider under the warranty for defects in the Application is excluded.
- The Service Provider provides access via OpenRouter to AI Models “as available” and, to the extent permitted by applicable law, excludes any implied warranties regarding their operation, including in particular warranties of fitness for a particular purpose, satisfactory quality, or non-infringement. The Service Recipient acknowledges that AI Models are based on evolving technologies and may produce generated Response that are inaccurate or incomplete, and agrees to use such outputs with appropriate caution and professional judgment.
- Any limitations of the Service Provider's liability provided for in the Terms and Conditions shall remain in force during the term of the Agreement and after its termination.
§ 14. Termination of the Agreement
- The Agreement is concluded for an indefinite period of time.
- Each of the Parties may terminate the Agreement with a one-month notice period with effect at the end of the calendar month. Termination of the Agreement in this manner requires the Service Provider to maintain the document form (e.g. e-mail or system message), and the Service Recipient to maintain the written form or submit a statement via e-mail (e-mail).
- In the event of termination of the Agreement by the Service Recipient, the paid Subscription Fees are not refundable.
- In justified cases, the Service Provider is entitled to block access to the Application in the event that the Service Recipient uses it in a manner that violates the rules set out in the Agreement, the Terms and Conditions, AI Model Provider regulations, the law or good morals, in particular when it introduces illegal content into the Application.
- The Service Provider is entitled to terminate any agreement, including the Agreement, concluded with the Service Recipient immediately, i.e. without notice, if the Service Recipient's action is inconsistent with the law, the provisions of the Terms and Conditions, the Agreement, AI Model Provider regulations, or harms the image, reputation or other legitimate interests of the Service Provider.
§ 15. Confidentiality
- The Parties undertake to keep the content of the Agreement, the trade secrets of the other Party and the information provided in the course of cooperation confidential, except for situations in which its disclosure is necessary for the performance of the Agreement. The parties are entitled to inform about the very fact of cooperation.
- The obligation referred to in section 1 shall not apply to the employees and associates of the Parties responsible for the performance of the Agreement.
- The obligation to maintain confidentiality shall be in force during the term of the Agreement as well as after its termination.
§ 16. Final provisions
- In the event of any discrepancies between the content of the individually concluded Agreement and the Terms and Conditions, the provisions of the Agreement shall prevail.
- If any provision of the Agreement or the Terms and Conditions is found to be invalid, the Agreement or the Terms and Conditions shall remain in force with respect to the remaining provisions, and the relevant provisions of Polish law shall apply in place of the provisions affected by the invalidity.
- The provisions of Polish law shall apply to the Agreement and the Terms and Conditions.
- Disputes arising in connection with the performance of the Agreement or the Terms and Conditions or arising from the interpretation of their provisions shall be resolved exclusively by the common court with jurisdiction over the Service Provider's registered office.
- The Service Provider reserves the right to make changes to the Subscription fees indicated in the Agreement at the beginning of each calendar year, based on the official inflation rate in Poland or in the European Union. A change in fees does not constitute an amendment to the Agreement and does not require the Parties to conclude an annex.
- The Service Provider reserves the right to make changes to the Terms and Conditions or other changes to the Subscription fees than specified in section 5 above, during the term of the Agreement, of which it will immediately inform the Service Recipient in documentary form (e.g. e-mail or system message). If, before the proposed date of entry into force of the changes or the new Terms and Conditions or Subscription fees, the Service Recipient fails to submit a statement of non-acceptance of these changes or the new Terms and Conditions or the Subscription fees by e-mail or in writing, it shall be deemed that the Service Recipient has agreed to them and the changes are binding on the Service Recipient from the date of their entry into force.
- In the event that the Service Recipient submits the statement referred to in the section above, it is considered that the Service Recipient has terminated the Agreement with effect from the date of entry into force of the amended or new Subscription fees or Terms and Conditions.
- Changes specified in the Terms and Conditions as not constituting changes to the Terms and Conditions, as well as changes to the Service Provider's contact details, do not require compliance with the requirements referred to in sections 5 and 6 above and do not entitle the Service Recipient to terminate the Agreement in the manner described therein.
- To the extent covered by the Terms and Conditions, the use of any model agreements presented, recognized, issued or used by the Service Recipient is excluded.
- The Service Recipient is obliged to immediately notify the Service Provider of any changes to their registration or contact details, under pain of effective delivery of any statements made by the Service Provider to the Service Recipient's existing contact details or address.