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APPLICATION OF TERMS

1. These Terms apply to the use of the Service. By creating an Organisation Account:
   1. you consent to these Terms; and
   2. where your access and use takes place on behalf of another person (e.g. a company), you confirm that you are authorised to conclude these Terms on its behalf, that you in fact accept them, and that it is bound by them.
2. If you do not agree to these Terms, you are not authorised to obtain access to the Service and to use it, and you must immediately cease doing so.
3. The Service is intended exclusively for entities using it in connection with their business or professional activity, including natural persons conducting business activity, where they conclude the Agreement within the scope of that activity. The Service is not offered to consumers.

CHANGES

1. We may change these Terms at any time by notifying you of the change at the email address specified in the Organisation Account. A material change takes effect after the expiry of at least 30 days from the notification. A change is in particular deemed material if it concerns the data retention periods, the period after which the Agreement expires due to non-use of the Service, the length of the Export Window, or the addition of a new Sub-processor or the transfer of Personal Data to a third country. The addition of an AI feature using the same Sub-processor is not a material change, unless that feature requires an amendment to the Privacy Policy. Non-material changes take effect immediately upon notification.
2. By continuing to access the Service and to use it from the date on which the change takes effect, you accept the changed Terms. In the case of a material change, you may terminate the Agreement with effect at the end of the current billing period by sending a statement before the date on which the change takes effect.
3. These Terms were last updated on 2026-10-31.

INTERPRETATION

In these Terms:

Contractors.es Software means software belonging to us (and to our licensors) which is used to provide the Service.

Confidential Information means any information which is not publicly known and which has been disclosed by one party to the other in connection with the provision or the use of the Service. Our Confidential Information includes the Intellectual Property Rights, in particular the Contractors.es Software. Your Confidential Information includes the Data and the Commercial Information.

Commercial Information means price lists, quotations, margins, commercial terms, supplier relations and other data of economic value introduced by you into the Service.

Data means all data, content and information (including Personal Data) which you introduce into the Service, store in it or process by means of it.

Personal Data means personal data within the meaning of Article 4(1) of the GDPR.

Analytical Data means statistical and analytical data generated solely as a result of the anonymisation of data on the use of the Service, which permanently prevents the identification of any person and the determination of which Data were processed. Analytical Data does not include the Data, the Commercial Information or any content introduced by you.

Organisation Account means the account of the entity which has concluded these Terms, together with all User Accounts created within that Account.

User Account means a single user seat created within the Organisation Account.

Permitted Users means persons authorised by you to obtain access to the Service in your name.

Data Allowance means the amount of files, expressed in gigabytes, included in the price of one User Account in accordance with the Price List.

Usage means the total volume of files stored in the Service, expressed in gigabytes, including construction project files, photographs from the works, documents uploaded by you or your Permitted Users, and documents generated by the Service, including contracts in PDF. Usage does not include data recorded in the Service’s database or backups stored outside the Organisation Account.

Excess Data means the part of the Usage exceeding the sum of the Data Allowances.

Price List means the current list of prices, data allowances and rates of fees for Excess Data, published on the Website.

Fees means the fees payable for the use of the Service on the basis of the Price List, in particular the fees for User Accounts above the threshold specified in the provision on Fees and the Fee for Excess Data.

Export Window means the period of 30 days following the termination of the Agreement, during which you may exercise the right to export the Data.

Sub-processor means a third party to whom we entrust the processing of Data or the provision of the Service, in accordance with the provision on Sub-processors.

Support Chat means a feature of the Service which is the chat providing assistance with the Contractors.es application, enabling contact with our technical support in real time, operated by the sub-processor tawk.to, Inc.

Data Processing Agreement means the separate document available at https://contractors.es/en/data-processing-agreement-dpa/, which forms an integral part of these Terms and binds the parties irrespective of its separate signature.

API Documentation means the documented programming interfaces made available by us as part of the Service.

Force Majeure means an event external to the party, beyond its reasonable control, which the party could not prevent despite exercising due diligence. Force Majeure does not include a lack of financial resources, insolvency or payment difficulties of the party. This exclusion does not, however, limit the party’s right to rely on an event which, regardless of its impact on the party’s financial position, meets the conditions of Force Majeure.

Intellectual Property Rights means all copyright and industrial property rights existing anywhere in the world, conferred by statute, common law or capital, including rights to inventions, patents, trademarks, designs, circuit layouts, databases, confidential information and know-how.

Unacceptable Content means data which infringes the law, is defamatory, obscene, threatening, harmful, misleading or infringes the rights of third parties, including rights to personality and to privacy.

AI Documentation means information on the capabilities and limitations of the artificial intelligence models used in the AI Features, made available to us by a Sub-processor in accordance with Article 53(1)(b) of Regulation (EU) 2024/1689.

We, our means CONTRACTORS.ES SP. Z O.O. with its registered office in Zielonka, KRS 0001219274, NIP 5543043884.

Website means the website at https://contractors.es together with the Price List and the documents to which these Terms refer.

Service means the SaaS application made available through the Website, comprising the features described on the Website, including the AI Features.

AI Features means the features of the Service which use artificial intelligence models, including, for example, text recognition in documents, material matching, and costing and warehouse management. Any feature of the Service added later which uses artificial intelligence models is also an AI Feature.

Start Date means the date on which the Organisation Account is created.

You, Your means the entity which created the Organisation Account.

In the expressions “including”, “in particular”, “including but not limited to” and other similar expressions, these words do not limit the scope of the enumeration preceding them.

The singular includes the plural and vice versa.

Priority of provisions. In the event of a conflict, the following order applies: the Data Processing Agreement, then these Terms, then documents and announcements published on the Website. The Data Processing Agreement takes precedence as regards the processing of personal data.

PROVISION OF THE SERVICE

1. We will use reasonable endeavours to provide the Service with due diligence, in accordance with these Terms and applicable law, using duly qualified personnel.
2. The provision of the Service is non-exclusive. Nothing in these Terms prohibits us from providing the Service to other entities or from using the same Sub-processors.
3. We will use reasonable endeavours to ensure the availability of the Service at the level specified in the service level information published on the Website. Availability is measured as the share of time during which access to the core functionality is possible, out of the whole duration of the billing period, excluding time for scheduled maintenance of which we have notified at least 48 hours in advance, and time arising from Force Majeure. The service level information together with the measurement method is published on the Website and forms part of these Terms.
4. A change to the scope of the Service’s functionality that materially restricts functionality which you have used within the last 6 months requires prior notice at least 30 days in advance. Non-material changes, including improvements, technical fixes, security updates, and product development within the scope of functions already offered, do not require 30 days’ advance notice; we will inform you of them in the manner ordinarily used for the Service. In such a case, you may terminate the Agreement with effect at the end of the current billing period, without charge, by sending a statement before the date on which the change takes effect.
5. The Service may use features and services of third-party entities. We give no warranty or assurance as to the availability of such features. If a third party ceases to provide a feature or materially restricts it, we may disable that feature upon prior notice. If the disablement concerns functionality which you have used within the last 6 months, you may terminate the Agreement with effect at the end of the current billing period, without charge. The Support Chat is a third-party feature; conversation data is processed by tawk.to, Inc. in the United States, using the sub-processor’s AI features (automatic translation, automatic first line of support), and the scope of that processing, its location and the basis for any transfer outside the European Economic Area are described in the Data Processing Agreement.
6. Deployment of features available in beta or test version requires separate consent. We do not make beta or test features available to Permitted Users without such consent.

YOUR OBLIGATIONS

1. You and your Permitted Users must:
   1. use the Service solely for your own internal business purposes;
   2. comply with applicable law;
   3. not resell or sublicence the Service, or offer it to third parties as your own service or as part of your own commercial offering; using the Service within your business activity, including in the course of providing services to your own clients and contractors, remains permitted.
2. When using the Service, you and your Permitted Users must not:
   1. impersonate another person or falsely represent authorisation to act;
   2. attempt to undermine the security or integrity of the service or conduct penetration testing without our written consent;
   3. use the Service in a manner that disrupts its operation or restricts other users’ access;
   4. browse or access Data other than that to which you are authorised;
   5. introduce or store Data infringing the rights of third parties, including Intellectual Property Rights, rights to personality and rights to privacy, or Data constituting Unacceptable Content;
   6. introduce Data concerning persons who have not reached the age of 16.
3. As controller of the Data introduced into the Service, in particular Data concerning your employees, sub-contractors and contractors, you are obliged:
   1. to have a legal basis for their processing;
   2. to inform those entities about processing in the Service, in a manner compliant with Articles 13 and 14 of the GDPR, and about the obligation to pass their data to the Sub-processor operating the AI Features and to the Sub-processor operating the Support Chat;
   3. where necessary, to obtain a basis for the processing of employee data in accordance with Articles 22¹ and 22² of the Labour Code, including conducting consultations with employee representatives;
   4. to handle requests from the persons to whom the data relates, including responding to their applications.
4. Permitted Users may obtain access to the Service solely on your instruction. You are responsible for the Permitted Users’ compliance with these Terms, including for documenting that such person knew the Terms before obtaining access.
5. The user is responsible for obtaining the licences, authorisations and consents required to use the Service, including to introduce Data.
6. Rules for using the AI Features. The AI Features support your work, but their output is machine-generated and may contain errors. You undertake:
   1. to verify the output of an AI Feature by a person authorised to do so before using it in accounting records, tax records, offer calculations, legal transactions, and in any proceedings concerning the rights of a third party;
   2. not to present the output of an AI Feature as produced by a human being;
   3. to inform the Permitted Users of the above rules;
   4. not to submit to the AI Features documents containing health data, criminal-conviction data, or any other special-category data within the meaning of Articles 9 and 10 of the GDPR;
   5. not to use the AI Features in a manner that infringes the rights of third parties or Intellectual Property Rights.
7. Rules for using the Support Chat. You undertake:
   1. to inform the persons handling conversations within the Support Chat of the above rules;
   2. not to disclose, in a conversation, data referred to in Articles 9 and 10 of the GDPR;
   3. not to use the content of conversations in a manner that infringes the rights of third parties or Intellectual Property Rights.
8. Restrictions arising from agreements with Sub-processors. You undertake to maintain and enforce among the Permitted Users restrictions on the use of the Service directly proportionate to the restrictions which we have undertaken to observe towards Sub-processors, in particular the prohibition on circumventing safeguards, the prohibition on using outputs to create competing products, and the prohibition on circumventing moderation mechanisms.

DATA

1. Roles of the parties. To the extent that you introduce Data into the Service, in particular Data concerning your employees, sub-contractors and contractors, you remain the controller of the Data, and we process it as a processor on the basis of the Data Processing Agreement, on your documented instructions. To the extent that the Data concerns your Organisation Account, your Permitted Users, authentication, payment and invoicing, we are the controller of the Data, and the bases for processing are Article 6(1)(b) and (c) of the GDPR together with Article 106b(1) point 4 in conjunction with Article 106e of the VAT Act of 11 March 2004 and Article 74 of the Accounting Act.

2. The Data Processing Agreement forms part of these Terms, is accepted together with them and binds our parties regardless of its separate execution.

3. Analytical Data. You agree that we may generate Analytical Data for the purposes of statistical analysis, identifying trends and product development. We are not permitted to use the Data, the Commercial Information or content introduced by you for that purpose. We do not sell data and do not disclose it to third parties for our own purposes.

4. Backups. We will use reasonable endeavours to make backups of the Data. You undertake to maintain your own backup of critical Data. Backups stored outside the Organisation Account do not count towards the Usage.

5. Location of processing. You select the processing variant upon registration of the Organisation Account:

   1. the European variant — the Data is stored and processed in the European Union. A transfer of data to a third country occurs to the extent of access by the Sub-processor storing the files (Akamai Technologies (Linode)) to the stored files from the territory of the United States and onward transfer of those files to its sub-processors, and in respect of Support Chat data, which is processed by tawk.to, Inc. in the United States on the basis of the European Commission’s standard contractual clauses — the bases for transfer, the Sub-processors and their location are set out in the Data Processing Agreement;
   2. the US variant — the Data is stored and processed in the United States, and transfers to Sub-processors outside the European Economic Area take place on the basis of the European Commission’s standard contractual clauses and a completed transfer impact assessment, or — in respect of a sub-processor certified under the EU-US Data Privacy Framework — on the basis of that framework, together with its UK and Swiss extensions. Support Chat data is processed in this variant by tawk.to, Inc. in the United States on the basis of the European Commission’s standard contractual clauses. In both variants, the Sub-processors, their role, the location of processing and the basis for any transfer are described in the Data Processing Agreement. The AI Features of the application process data in the European Union in both variants. The Support Chat, together with the sub-processor’s AI features (automatic translation, automatic first line of support), is operated by tawk.to, Inc. in the United States in both variants.

6. Access minimisation. We access the Data solely to the extent necessary to provide the Service, technical support and to perform obligations arising from these Terms, applying appropriate technical and organisational measures.

7. Data portability (Data Act). You have the right to transfer the Data to another service provider or to your own infrastructure. On request we will provide the Data in a machine-readable and commonly used format (JSON or CSV), within 30 days, free of charge, including during the billing period. The required input and output data, together with metadata, may not be subject to a paid restriction. We also make available an interface enabling the transfer of data. The details, including the transition period and the retention period after termination, are described in the provision on export.

8. Your responsibility for the Data. You shall indemnify us against liability, claims, proceedings, costs and expenses (including reasonable legal costs incurred by our lawyers) arising from an actual or alleged third-party claim that the Data introduced by you or your Permitted Users infringes that person’s rights, in particular intellectual property rights, personality rights, privacy rights, or constitutes Unacceptable Content, provided that:

   1. the claim arises from the content of the Data and not from any act or omission on our part;
   2. we are notified promptly of the claim;
   3. you are given a reasonable opportunity to conduct or participate in the defence of the claim.

   Liability under the claims set out in this clause is subject to the limits in clause 11.1, save for the carve-outs in clause 11.4. The provisions of this clause do not limit our liability to data subjects under Article 82 of the GDPR.

FEES

1. Service versions.
   1. The Free Version includes up to 5 User Accounts within the Organisation Account and is provided free of charge.
   2. The Paid Version includes User Accounts above the threshold specified above and Excess Data, if any. You do not choose the Service version — you move to the Paid Version automatically upon the creation of the 6th User Account. Creating the 6th User Account requires prior submission of data for the issue of an invoice. Data collected in the Free Version are not deleted upon moving to the Paid Version or upon returning.
2. Price List. The Price List is the source of the amounts of the Fees. Discounts, individual terms and special rates agreed with you take precedence over the Price List and do not require written form unless they expressly stipulated a written form.
3. The billing period is a calendar month.
4. Pro forma invoice. On the first day of each billing period we issue a pro forma invoice calculated on the basis of the number of User Accounts and the Usage from the previous billing period, covering the Fees for the current period, with a payment deadline specified on the invoice. The pro forma invoice states the billing period to which it relates. A pro forma invoice is not a VAT invoice and is not an accounting document — we account for the VAT in the VAT invoice issued upon receipt of the payment.
5. Payment. You pay the Fees by bank transfer to the account specified on the pro forma invoice. The Fee for a billing period is a lump sum and covers that period in full. Failure to pay on time authorises us to suspend the Paid Version of the Service until the amount is settled, following prior notice and without prejudice to the right to export the Data. Suspension does not include the right to export the Data. Upon receipt of the payment, the suspension is lifted immediately. You cannot use the Paid Version of the Service without paying the pro forma invoice.
6. VAT invoice. Upon receipt of the payment of the pro forma invoice we issue a VAT invoice for the current billing period, stating the billing period to which it relates. The VAT invoice is issued in accordance with the VAT Act of 11 March 2004. The amount of the Fee for a billing period does not depend on the actual Usage in that period. We do not settle the difference between the advance payment and the actual consumption: we do not issue correction invoices or credit notes on that account. The difference between the advance payment and the actual consumption is taken into account solely in the pro forma invoice for the following billing period.
7. Change of Fees. We may change the Price List at least 30 days in advance before the start of the next billing period. The change does not cover a billing period for which we have received payment. If you do not accept the change, you may terminate the Agreement with effect at the end of the current billing period by sending a statement before the date on which the change takes effect.
8. Fee for Excess Data. The fee is charged in accordance with the Price List on the Excess Data. We include it in the pro forma invoice for the following billing period, on the basis of the Excess Data determined for the previous billing period. We notify you when you are approaching exhaustion of the Data Allowance. You may set a spending limit; the Fees for the following billing period take that limit into account. In the billing panel we make available to you the current state of the Usage and the forecast of the Fees for the following billing period, calculated on the basis of the current Usage. We make available to you Usage data in the form of an export.
9. Tax. The Fees do not include tax. We invoice you on the terms applicable to your registered office, including reverse charge for VAT taxpayers registered in the European Union on the basis of a valid EU VAT number, and tax payable in the purchaser’s country outside the European Union.
10. Interest and billing disputes. For late payment we charge statutory interest for delay in commercial transactions, as provided for in the Act of 8 March 2013. We do not charge contractual penalties or damages for late payment beyond what follows from that Act. In the event of a dispute as to a pro forma invoice you pay the undisputed amounts and you report the dispute within 15 days of its issue.

INTELLECTUAL PROPERTY

1. Title to and all rights in the Service, the Website, the Contractors.es Software and the Service belong to us and to our licensors. You may not contest their ownership or their validity.
2. Data. Title to the Data remains your property. You grant us a non-exclusive, non-transferable, irrevocable licence, for the duration of this Agreement, to use the Data solely to the extent necessary to provide the Service, to maintain it, to secure it, to create backups and to provide technical support, and solely on your documented instructions. The licence covers the following fields of exploitation: storage in the Service, making available to Permitted Users, processing for the purposes of providing the Service, and creating backups. The licence covers the territory of the entire world. The licence expires upon termination of the Agreement, except for backups, which we delete within the retention cycle, and except where the law requires further storage. The licence does not cover commercial use of the Data, resale or making them available to third parties other than Sub-processors and clients of the Organisation Account. This provision is subject to the Data Processing Agreement.
3. Feedback. If you voluntarily provide us with an opinion or suggestion concerning the Service, not covering the Data, Personal Data or Confidential Information, the rights to that opinion and to the materials created on its basis belong to us. This does not authorise us to disclose your Confidential Information or to use the opinion in a manner that infringes the rights of third parties.
4. AI Features and commercial data. Our configurations, matching rules and material maps remain our property. Data introduced by you, including commercial data, and the history of operations on that data remain your property. The AI Features acquire no rights to the Data or to the Commercial Information beyond the scope necessary to execute the processing instruction.
5. AI Documentation. On request we provide you with information on the capabilities and limitations of the models used in the AI Features, originating from a Sub-processor. You must pass that information on to the Permitted Users before making the AI Features available to them.
6. External links. The Service may contain links to websites and channels of third parties. A link does not mean that we endorse, approve or recommend them. To the maximum extent permitted by law we exclude liability for those websites and channels.

CONFIDENTIALITY

1. Each of the parties shall, unless it has obtained the prior written consent of the other party:
   1. keep the Confidential Information of the other party secret for the entire period of its possession thereof;
   2. introduce and maintain appropriate security measures protecting the Confidential Information against unauthorised access or use;
   3. disclose the Confidential Information of the other party solely to its personnel and Sub-processors who have a duty to know in that respect, and ensure that they are bound by a confidentiality obligation no less stringent than that arising from these Terms;
   4. in the event of a breach of confidentiality, immediately notify the other party, stating the circumstances, the scope and the measures taken.
2. The confidentiality obligation does not apply to the disclosure or use of Confidential Information:
   1. for the purpose of performing obligations or pursuing rights arising from these Terms;
   2. required by law or by an authority;
   3. publicly available through no fault of the receiving party;
   4. lawfully received from a third party without restrictions and without breach of any confidentiality obligation;
   5. by us, if required in connection with a bona fide sale of our business, provided that we inform you in advance, conclude a confidentiality agreement with the purchaser on terms no less restrictive than these Terms, and maintain full protection of Personal Data, in particular to the extent that this is provided for in the Data Processing Agreement. This provision does not authorise us to transfer Personal Data or Data under entrustment to another entity without the consent of the controller required by law.
3. The confidentiality provisions do not limit the obligations arising from the Data Processing Agreement. In matters concerning personal data, the Data Processing Agreement is decisive.

WARRANTIES

1. Each party warrants that it has full powers to conclude and perform these Terms.
2. To the maximum extent permitted by law, our warranties are limited to those expressly provided for in these Terms, and all other conditions, warranties and assurances, whether express or implied, are excluded.
3. AI Features. We undertake to provide the AI Features with due diligence and to inform you of their nature and known limitations. The output of an AI Feature is generated by machine, may contain errors, does not constitute a decisive source of information or a source of law, and must be verified by a duly authorised person before being used in legal transactions, accounting books, tax records, or quotations. Personal Data and processing results within the AI Features are not used for model training.
4. Security. We apply technical and organisational measures appropriate to the risk, in accordance with Article 32 of the GDPR, as described in the Data Processing Agreement. We make no representation that the Service will be entirely free of errors or uninterrupted.
5. Nature of the Agreement. You conclude the Agreement within a business or professional activity.
6. Statutory liability. The provisions of these Terms do not exclude or limit liability that may not be excluded or limited under applicable law, in particular liability under Article 82 of the GDPR, liability for personal injury, and liability arising from wilful misconduct or gross negligence.

LIABILITY

1. Our maximum aggregate liability under or in connection with these Terms, whether in contract, tort, breach of a statutory duty or otherwise, may in no 12-month period exceed the Fees actually paid by you within the 12 months preceding the event. If no Fees have been paid by you within the 12 months preceding the event, our aggregate liability under or in connection with these Terms is PLN 0.
2. Neither party is liable to the other for loss of profit, revenue, savings, business, opportunity to make use or goodwill, nor for consequential, indirect, incidental or special damage or loss.
3. Liability for the Data. The limitation of liability under clause 11.1 covers damage arising from the loss or destruction of Data, subject to clause 11.4. If the loss of Data was caused by the fault of a Sub-processor, we are liable as if the loss had been caused by our own fault.
4. The limitations of liability set out in clauses 11.1–11.3 do not apply to:
   1. obligations to pay the Fees;
   2. compensation in respect of a third-party claim under clause 6.8 (Your responsibility for the Data);
   3. liability arising from wilful misconduct or gross negligence;
   4. personal injury.
5. Each party shall use reasonable endeavours to mitigate any losses, costs and expenses incurred in connection with any act or omission of the other party.
6. Clauses 11.1–11.3 do not limit our liability to data subjects under Article 82 of the GDPR. Liability between you and us arising from a breach of the protection of personal data is subject to the limits in this clause, including clause 11.4.

TERM, TERMINATION AND SUSPENSION

1. Unless terminated in accordance with the provision on termination of the Agreement, these Terms and your right to use the Service:
   1. commence on the Start Date; and
   2. continue until one of the parties gives, at least 30 days in advance, notice that these Terms will expire on the expiry of that period.
2. Each of the parties may, by notice, terminate these Terms with immediate effect if the other party:
   1. breaches a material provision which cannot be remedied, or fails to remedy the breach within 10 days of service of a demand;
   2. becomes insolvent, is liquidated or declared bankrupt, or has ceased to conduct business.
3. You may terminate these Terms with effect at the end of the current billing period: in the case of non-acceptance of a change of the Fees referred to in the provision on change of Fees; in the case of a change to the Service’s functionality referred to in the provision on provision of the Service; in the case of an objection to a new Sub-processor.
4. Refund of Fees. In the case of termination of the Agreement, we refund the Fees proportionally for the unused billing period only where the termination was caused by a material breach of the Agreement by us, by uninterrupted unavailability of the Service due to our fault lasting at least 24 hours, or by Force Majeure lasting more than 30 days. In such cases we issue a correction invoice. In all other cases, including termination by you for any reason (in particular non-acceptance of a change of Fees, a change to the Service’s functionality, or objection to a new Sub-processor), Fees paid in advance are not subject to refund. In the case of the Free Version, no Fees are subject to refund.
5. Termination of the Agreement does not extinguish the rights and obligations arising before its date. After termination you pay the Fees for the billing periods falling before termination, on a proportional basis in accordance with the provision on refund of Fees.
6. Scope of Data after termination. Subject to clause 12.8, the Data remain available throughout the Export Window, no longer than 30 days from the date of termination. Within the Export Window you may exercise the export of the Data in a machine-readable form, free of charge, on a one-off request. After the expiry of the Export Window we delete the Data from the Service, except for backups deleted within the retention cycle and cases where the law requires their storage. Support Chat conversation data is deleted at the sub-processor tawk.to on our instruction, taking into account the retention period specified by that sub-processor. After the retention cycle ends, the same deletion applies to the backups. Within 15 days of the end of the Export Window we confirm on request that the deletion has been carried out.
7. Suspension. In the event of a breach of these Terms, in particular in the case of non-payment, we may restrict or suspend access to the Service. Suspension takes place after prior notice and without prejudice to the right to export the Data described in clause 12.6 and in clause 12.8(3). Suspension does not include the modification of your Data or the deletion of the Organisation Account before expiry of the period described in the following clause. We may delete only content constituting Unacceptable Content, of which we notify you immediately, except in cases requiring immediate action.
8. Expiry of the Agreement due to non-use of the Service.

   1. The 60-day period commences:

      1. in the case of a Free Version Organisation Account — on the date of last use of the Service;
      2. in the case of a paid Organisation Account — on the date on which we suspended access to the Service due to an unpaid pro forma invoice, in accordance with the provision on payment.

      Use of the Service or settlement of the amounts due during that period interrupts it, and the period then recommences on the date of that event.

   2. After 60 days this Agreement expires by operation of its terms. In the period preceding the expiry of the Agreement we notify you of it by email to the address associated with the Organisation Account. Upon expiry of the Agreement, access to the Service is discontinued and the Organisation Account is blocked.

   3. The Export Window lasts 30 days and ends on expiry of the 90th day from the date on which the period referred to in clause 1 commenced. During that time access to the Service remains discontinued, and on your request we provide the Data free of charge in a machine-readable form, in the case of a paid Organisation Account a backup copy of the Data.

   4. After expiry of the Export Window we delete the Organisation Account together with the Data.

GENERAL

1. Neither party is liable for the non-performance of obligations as a result of Force Majeure. A party relying on Force Majeure shall notify the other party of it within 7 business days from the occurrence of the event, providing information on its consequences, on the manner of mitigating its adverse effects and on the expected duration of the event or its consequences. Reliance on Force Majeure by either party does not release it from the obligation to pay the Fees due or from the obligation to settle for the services performed before its occurrence.
2. No third party is entitled to enforce rights under these Terms.
3. A waiver by us requires written form on pain of invalidity, signed by us.
4. The parties remain independent contractors. Nothing in these Terms creates a joint venture, a partnership, an agency or an association.
5. Notices. We send notices to the email address associated with the Organisation Account. A notice is deemed served when the addressee confirms receipt, and in the absence of such confirmation, on the third business day after the notice was sent. You send notices to us only at the email address provided on our contact page: https://contractors.es/en/contact, electronically or by post. A change of the email address or registered office must be notified to us in writing without undue delay. Until we receive that notification, a notice directed to the previous address remains effective.
6. Governing law and jurisdiction. These Terms and any disputes connected with them are governed by Polish law. The competent court is the court having general competence over the matter; in particular, for claims brought against us the court having jurisdiction by reason of the registered office of our company is competent.
7. Provisions which survive termination. The provisions concerning Data, Intellectual Property Rights, confidentiality, liability, scope of Data after termination, suspension and jurisdiction remain in force.
8. If any provision is or becomes invalid or unenforceable, it is amended to the extent necessary to restore its effectiveness, and where this is not possible it is severed. The remaining content remains binding.
9. These Terms constitute the entire agreement of the parties in relation to the Service and replace earlier arrangements, including statements and assurances, except for claims that cannot be excluded or limited by law.
10. Assignment. You may not make an assignment, novation or subcontracting of obligations arising from these Terms without our prior written consent, granted without unreasonable refusal. You remain liable for your obligations despite an approved assignment or subcontracting. We may make an assignment in connection with the sale of the business or a substantial part of it, with prior notice, provided that the purchaser assumes these Terms. Receivables under the Fees may be subject to statutory assignment.