Terms of Service

English translation. This is a translation of the Polish original for information. The Polish version is the binding one; in the event of any discrepancy, the Polish version prevails.

§1. Who provides the Service

• 1. The Flaber Service is provided by Piotr Nowak, a natural person, address for service: ul. Cystersów 8/47, 31-553 Kraków, Poland.
• 2. The Service is provided free of charge. The Provider does not conduct business activity in this respect and is not entered in the register of entrepreneurs. Introducing charges requires an amendment to the Terms under the procedure in §17; together with it, the Provider's details indicated in paragraph 1 will also change.
• 3. E-mail address for contact in all matters, including complaints and matters concerning personal data: kontakt@profilon.pl.
• 4. We conduct contact by e-mail. We do not operate a telephone helpline.
• 5. The language of the contract is Polish. We also make the Terms available in English; in the event of any discrepancy, the Polish version prevails.

§2. What the terms used mean

Provider, we — the entity indicated in §1.

Service, Flaber — an application available through a browser, serving to organise your own work and to keep a record of work with people.

User, you — a person using the Service on the basis of their own Account.

Consumer — a User who is a natural person entering into a contract for a purpose not directly connected with their business or professional activity.

Account — the set of settings and data linked to the e-mail address you log in with.

Workshop — the part of the Service covering your own work: day lists, notes, checklists, procedures, templates, the Scratchpad and uploaded files.

Book — the part of the Service covering the record of work with people: person cards, the course of conversations, arrangements, goals and reports.

Team — a structure set up by a single User, in which that User keeps the Book and, on the Team Package, also grants access to other people.

Team Lead — the User who set up the Team and manages it.

Seat — a unit of access to the Team, occupied by one Account.

Company — a structure covering many Teams under a single billing arrangement, set up on the basis of separate arrangements.

Package — the scope of the Service's functions: Solo, Leader or Team.

The word "Team" has two meanings in the Terms. Without the word "Package" following it, it always means the structure — a group run by a single User. The name of the Package is always written with that word: the Team Package.

Trial period — the time for which the Leader Package or the Team Package is available free of charge, on the terms set out in §6.

Privacy Policy — the document describing the processing of personal data, available at https://profilon.pl/flaber/prywatnosc.

Annex 1 — the data processing agreement, forming an integral part of these Terms, available at https://profilon.pl/flaber/powierzenie.

§3. Conclusion of the contract

• 1. The contract for the provision of the Service is concluded at the moment the Account is created.
• 2. Creating an Account requires providing an e-mail address, setting a password and accepting the Terms together with Annex 1 (the data processing agreement). We record which version of the Terms you accepted and when. We make the Privacy Policy available to you when you set up the Account as an information document — it describes how we process data and is not subject to acceptance.
• 3. The contract is concluded for an indefinite period. You may terminate it at any time by deleting the Account on the terms set out in §13.
• 4. To use the Service you need an up-to-date web browser and an internet connection. We do not require any software to be installed.

§4. Account and age

• 1. The Account is personal. Do not share your password with other people and do not use an Account belonging to someone else.
• 2. The Service is intended for adults. By setting up an Account you declare that you are at least 18 years old.
• 3. The Service serves professional work. It is not intended for keeping records about people for private purposes.
• 4. The e-mail address is also the login. Changing that address requires confirmation from both mailboxes — the current one and the new one. If you have lost access to the current one, we make the change at your request, through the contact channel; changing the login address of an Account operating within a Company structure is subject to the limitations referred to in §11.

§5. Packages and structure

• 1. The scope of functions is determined by two independent axes:
  • Package — Solo, Leader or Team. It determines whether you keep the Book and whether the people you lead receive their own Accounts.
  • Structure — a standalone Account, your own Team, or a Team within a Company. It determines who pays and who manages access.
• 2. A Company is not a higher Package. A Company carries one of the Packages — Leader or Team — and all of its Teams follow that choice.
• 3. The Package belongs to whoever pays. A Team operating within a Company structure inherits the Company's Package and does not set its own.
• 4. An Account without a Team operates on the Solo Package. The Solo Package is free of charge and is not limited in time.
• 5. When setting up a Team outside a Company structure, you choose the Package — Leader or Team. No option is chosen for you. You may change your choice later on the terms set out in §11(9)–(10).
• 6. A Team within a Company structure does not choose a Package. The Company sets it.
• 7. We describe the current scope of each Package on the Service's website.

§6. Trial period

• 1. When setting up a Team outside a Company structure, you receive a trial period of 60 days, counted from the moment the Team is set up. It applies equally to both Packages.
• 2. The trial period does not require a payment card to be provided and does not automatically convert into a paid service. After it expires we do not charge any fee and do not issue any invoice.
• 3. The trial period is available once per Account. We record its end date against the Account, not against the Team — it therefore continues to run also when you dissolve the Team and for some time do not run any. When you set up a further Team, you receive the remaining part of the same period, not a new one.
• 4. If the trial period has already expired, you can still set up a Team. It is then created immediately in the post-trial state: you regain insight into everything you previously recorded in the Book — people, conversations, goals, summaries and reports — and the ability to delete a person together with their history. You cannot add to or change records in it. We decided this way because prohibiting the setting up of a Team would cut you off permanently from your own data and would make it impossible for you to fulfil the requests of the persons to whom that data relates.
• 5. The trial period is not available to an Account operating within a Company structure — the Company pays from the first day. This also applies to a Team Lead invited under its umbrella. Accepting an invitation to a Company ends any ongoing trial period, also where many days still remained of it; we do this so that the Book does not expire for someone for whom the Company pays. From that moment the scope of functions is determined by the Company's Package. The end date of the trial period continues to run in the meantime. If you later leave the Company and set up your own Team, the unused days do not come back — under the Company's umbrella you used the full scope of the Service, and the trial period is available once (paragraph 3). We warn you about this when you accept an invitation to a Company.
• 6. We may extend the trial period at your request. We do this by an act on our side and it is not a right you can demand.
• 7. After the trial period expires the Account continues to operate, within the scope of the Solo Package. We do not block it and do not delete it.
• 8. What is narrowed is the ability to change the record in the Book. Specifically:
  • you will not add a new person, record a new conversation, goal or report;
  • nor will you correct a record that already exists — the Book remains as it was on the last day;
  • sharing documents, passing them on, taking them over and accepting proposed changes are suspended.
• 9. Everything that has been recorded remains readable without limitation in time. You also retain three abilities which always work and which the expiry of the trial period does not touch: deleting a person from the Book, deleting the Account and downloading your data. If you dissolve the Team, insight into the Book returns at the moment you set it up again (paragraph 4).
• 10. Activating a paid Package restores the full scope of functions together with everything accumulated to date. Today this takes place in contact with us — we do not operate self-service payment (§7).

§7. Payments

• 1. We do not operate self-service sales today. There is no place in the Service where payment card details can be entered or a paid Package ordered.
• 2. The Solo Package and the trial period are free of charge.
• 3. A paid Package — including every Package within a Company structure — is activated by us on the basis of separate arrangements. We present the price, the billing period, the number of Seats and the method of payment before a contract is concluded in this respect, and they require your express consent.
• 4. The introduction of self-service payments will be an amendment to the Terms and will take place under the procedure in §17. Together with it, provisions on the moment of charging, renewal, the effect of non-payment and pro rata refunds will come into force. Until then, no provision of the Terms constitutes a basis for demanding any fee from you.
• 5. Non-payment never results in the Account being blocked. It results solely in a narrowing of functions on the terms set out in §6(7)–(9).

§8. Withdrawal from the contract

• 1. We grant you the right to withdraw from the contract within 14 days of its conclusion, without giving any reason. We grant it to every User who is a natural person, regardless of whether it is also available to them by operation of statute. It is enough to send the statement to the address given in §1.
• 2. Because the Service is free of charge today, withdrawal does not involve any settlement. You achieve the same effect by deleting the Account on the terms set out in §13 — and you can do so at any time, not only within 14 days.
• 3. If in the future you conclude a paid contract with us, before performance begins we will ask you expressly whether you want performance to begin before the withdrawal period expires, and we will inform you of the effect of such consent. If you withdraw after performance has begun, you will pay for the period used, in proportion.

§9. Rules of use

• 1. You must not enter unlawful content, content infringing the rights of others, or malicious software.
• 2. You must not circumvent the limit on Seats in a Team.
• 3. You must not set up further Accounts in order to use the trial period again.
• 4. You must not query the Service in an automated manner outside the interface made available, or load it in a way that threatens its operation for others.
• 5. You must not enter special categories of data into the Service. This means information about health, including sick leave, pregnancy and disability rulings, as well as about political and religious views, trade union membership, ethnic origin, sex life and sexual orientation, and about convictions and infringements of the law. The Service does not ask for such data, has no field for it and is not intended to store it.
• 6. Breach of the rules in this section may result in the Account being blocked on the conditions set out in §12.

§10. Your content and responsibility for it

• 1. The content you enter — notes, checklists, documents and records in the Book — remains yours. We do not acquire any rights to it beyond the scope necessary to provide the Service: storing it, displaying it to you and making backups.
• 2. We do not review the content you enter. Access to it may be obtained solely by persons on our side who maintain the Service, solely to the extent necessary to remove a fault or to carry out a request you have made.
• 3. We do not subject your content to artificial intelligence analysis. It is not summarised, assessed or passed to any language model.
• 4. By entering other people's data into the Book you declare that you do so in connection with the activity you conduct or under authorisation from the entity on whose behalf you act, and that you have a legal basis for doing so. We do not verify this declaration and have no technical means of checking it. The consequences of its untruthfulness are set out in §13 of Annex 1.
• 5. As regards the data of other people entered by you we are the processor, and the controller is the entity on whose behalf you act. The rules of that processing are set out in Annex 1, which forms an integral part of the Terms; it is binding from the moment you enter the first data of a third party.
• 6. Obligations towards the persons whose data you enter — including informing them about the processing and fulfilling their requests — rest on the controller, not on us. We provide the controller with assistance in performing them to the extent arising from Annex 1.
• 7. A person's right of access to their own data is exercised by the controller upon request, outside the application. In the Service there is no account, role or screen through which a person recorded in the Book would obtain access to it; such access is not provided for in the design of the Service. This does not mean that such a right is not available to them — it means that it is exercised by the controller, and our role is to assist them in this.

§10a. Our content and the right you get

• 1. The Service and what you found in it are ours: the application and its code, the layout and appearance of the screens, the interface texts, the content of the guide, the methodological materials and the way of keeping the Book that they describe. The content you enter yourself — notes, checklists, procedures, templates, the scratchpad and uploaded files — is yours and is covered by §10.
• 2. For the term of the contract you receive the right to use the Service within the scope resulting from the Terms and your Package. That right is non-exclusive and non-transferable, does not include granting further authorisations, and ends together with the contract.
• 3. The materials we make available in the application — the guide and the methodological content — may be used in your work with your team. You may copy them into your own documents, adapt them and print them for your people. That is what we wrote them for.
• 4. You may not publish or resell them. You may not make them publicly available, sell them, distribute them as your own material or build on them a service of your own offered to others. You may not share access to your Account either — access for other people is granted through Seats in a Team (§11).
• 5. You may not copy the Service's code or reverse engineer it — decompile it, disassemble it or otherwise examine it in order to reconstruct its content. This does not cover acts permitted by the Polish Act on Copyright and Related Rights, in particular its Article 75; that entitlement cannot be excluded by contract and this paragraph does not exclude it.
• 6. The names "Flaber" and "Profilon", the logo and the graphic signs are ours. You may state that you use Flaber. Using our name or logo in advertising materials, commercial offers or in a product of your own requires our consent.
• 7. Comments and ideas you send us may be used in developing the Service, without remuneration and without any obligation to implement them. You do not have to send them, and sending a comment transfers no rights to anything that is a work of yours.
• 8. If you believe the Service infringes your rights — copyright, trade mark or other — write to kontakt@profilon.pl and state what the report concerns. We respond under the procedure in §16.

§11. Team, Seats, access and change of Package

• 1. A Team is set up and run by one person — the Team Lead. It is that person who decides on the Package, on the number of Seats and on who occupies them.
• 2. The Package belongs to whoever pays. A Team within a Company structure inherits the Company's Package. Joining a Company ends any ongoing trial period (§6(5)).
• 3. On the Leader Package, persons added to the Book receive no message from us — neither on being added nor later — and do not set up Accounts. On the Team Package, a person who is added receives an invitation by e-mail.
• 4. We guarantee that the invitation is created, not that it is delivered. A failed send does not undo the addition of the person; we inform the inviter about it.
• 5. One Account has one active Seat. The number of Seats is checked on every entry into the Team, including when a person is restored from the archive.
• 6. An Account with an active Seat cannot be deleted by its owner — access is released by the Team Lead. The route for fulfilling a deletion request is described in §13(3).
• 7. Dissolving a Team closes the Accounts of its members. After dissolution there is no person entitled to grant them access again. The Team Lead should be aware of this before carrying out this act. The Team Lead themselves regains insight into the Book by setting up a Team again (§6(4)).
• 8. Withdrawal of access on the Team Package closes that person's access to the documents shared with them. This does not delete the records in the Team Lead's Book which concern them.
• 9. Changing the Package from Team to Leader closes the shared working surface: shared documents and proposed changes cease to be visible, and you will not send new invitations. Nothing is deleted — Seats, members' Accounts, shares and proposals remain and return together with a return to the Team Package. Team members retain their Accounts and the ability to log in; all that disappears for them is access to shared documents.
• 10. Changing the Package from Leader to Team makes it possible to send invitations to the people in your Book — you send them yourself, person by person. Warn them about this in advance.
• 11. We record every change of Package, every grant and withdrawal of access, and the setting up and dissolution of a Team in the register of acts.

§12. Account suspension

• 1. We may block access to the Account solely in the event of a breach of the rules of use in §9. Suspension does not serve to enforce payment — non-payment results solely in a narrowing of functions on the terms set out in §6(7)–(9).
• 2. Suspension is an act carried out by a human and requires a reason to be given, which we record together with the date and the identity of the person carrying out the act.
• 3. A blocked Account does not log in. After a correct password is entered we display a message about the suspension together with the e-mail address at which you can contact us. You will see the same message when using password recovery. Where the password is incorrect we display the ordinary failed-login message — otherwise the screen would confirm to an outsider that a given Account exists and has been blocked.
• 4. You have the right to learn the reason for the suspension. We give it at your request, subject to the removal of information concerning other people.
• 5. You have the right to receive your data despite the suspension. We prepare it upon request, because downloading it yourself requires logging in. We confirm receipt of the request within 72 hours on business days, and carry it out no later than within one month.
• 6. Suspension does not delete data. If you want the Account deleted, §13(3) applies.
• 7. If you consider the suspension unjustified, you may file a complaint on the terms set out in §16. We lift the suspension if the complaint proves justified.
• 8. The reason for the suspension is also visible to the Company administrator to which the Account belongs, if the Account operates within a Company structure.

§13. Deletion of the Account and of data

• 1. Independently, from Settings, the Account is deleted by: a User without a Team and a Team Lead running their own Team outside a Company structure. Deletion is immediate and irreversible.
• 2. Deleting a person from the Book is always possible as long as the Account and the Team exist — also after the trial period has ended and where billing is suspended. One exception: if the person runs a Team, first take the Team away from them.
• 3. By request, through the contact channel, the Account is deleted by: a member of someone else's Team, the User of an Account belonging to a Company, and the Company administrator. We confirm receipt of the request within 72 hours on business days, and carry it out without undue delay, no later than within one month.
• 4. Deletion of the Account covers the Account data, the Workshop and the Book. It does not cover: documents passed on to other people or to the Team, entries in the register of administrative acts, stored for 12 months — except that we delete the e-mail address from them immediately, leaving only the identifier — and entries in the application error log, stored for 90 days and containing neither your content nor your e-mail address.
• 5. Deleted data remains in the database backups for 7 days and is overwritten as they rotate. We have no way of deleting it from the backups earlier or of restoring it for you.
• 6. Uploaded files and images are not included in the export file — download them separately before deleting the Account. We warn you about this on the deletion screen.
• 7. We delete unused Accounts after prior notification by e-mail, as part of a periodic review.

§14. Availability, interruptions and support

• 1. We make every effort to keep the Service running without interruption, but we do not declare any guaranteed level of availability.
• 2. We may introduce technical interruptions. We give advance notice of planned ones where this is possible.
• 3. We develop the Service and may change the way its functions work. A change which significantly limits the scope of the Package you use requires the procedure in §17.
• 4. We provide support by e-mail, at the address given in §1. We do not declare a response time beyond the deadlines indicated in §12(5), §13(3) and §16.
• 5. You use the Service over the internet. We are not responsible for the operation of your connection, device or browser.

§15. Liability

• 1. We are liable for non-performance or improper performance of the contract on the general principles of Polish law. Towards a Consumer we do not limit this liability in any way.
• 2. Towards a User who is not a Consumer our liability:
  • is limited to actual loss and does not cover lost profits;
  • is limited in amount to the fees paid by that User in the 12 months preceding the event, and where the Service was provided free of charge in that period — to the amount of PLN 1,000.
• 3. We are not liable for the consequences of acts which the User carries out knowingly and about whose consequences the Service warns them — in particular for dissolving a Team (§11(7)), deleting a person from the Book, deleting the Account and changing the Package.
• 4. We are not liable for content entered by the User, nor for the absence of a legal basis for processing the data of third parties which the User has entered (§10(4)).
• 5. The limitations in paragraphs 2–4 do not apply to damage caused intentionally, nor to cases in which the exclusion of liability is impermissible.
• 6. Entrepreneur-consumer. We do not apply the limitations in paragraph 2 to a natural person conducting business activity who concludes a contract with us directly connected with that activity, where it follows from the content of the contract that it is not of a professional nature for that person (Article 385⁵ of the Polish Civil Code (Kodeks cywilny)). Towards such a person we apply, as appropriate, the provisions on prohibited clauses, on warranty and on the right of withdrawal from a distance contract — on an equal footing with a Consumer. The right of withdrawal under §8(1) is available to them from the moment the contract is concluded, and not from the activation of a paid Package.

§16. Complaints

• 1. You file a complaint by e-mail to the address given in §1. Describe what it concerns and what you expect.
• 2. We consider it within 14 days of receipt and respond within that period.
• 3. Failure to respond within the period means the complaint is upheld.
• 4. The complaints procedure also applies to Account suspension (§12(7)) and to a refusal to fulfil a request concerning personal data.

§17. Amendment of the Terms

• 1. We may amend the Terms for an important reason: a change in the law, a change in the scope or manner of providing the Service, the introduction of charges, or a change in the Provider's details.
• 2. We inform you of the amendment by e-mail at least 14 days before it enters into force, stating the content of the amendment.
• 3. If you do not accept the amendment, you may terminate the contract by the day it enters into force, by deleting the Account or by informing us of this. Until that day the previous Terms apply to you.
• 4. Charges are never introduced tacitly. Activating a paid Package requires your separate, express consent, regardless of the procedure in this section.
• 5. We apply the same procedure to amendments of Annex 1.
• 6. We record the notification of the amendment on our side — the date of sending, the version to which the amendment relates, and the day it enters into force. This record serves to demonstrate compliance with the deadline in paragraph 2.

§18. Governing law, court, out-of-court disputes

• 1. The contract is governed by Polish law. This choice does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
• 2. Disputes with a User who is not a Consumer are settled by the court having jurisdiction over the Provider's place of residence. Disputes with a Consumer are settled by the court having jurisdiction under the general provisions.
• 3. A Consumer may use out-of-court means of handling complaints and pursuing claims, in particular mediation conducted at the provincial inspectorates of the Trade Inspection (Inspekcja Handlowa), proceedings before a permanent consumer arbitration court, and the assistance of the district or municipal consumer ombudsman and of social organisations dealing with consumer protection. The list of entities authorised to resolve disputes out of court is kept by the President of the Office of Competition and Consumer Protection (UOKiK). Use of these procedures is voluntary and requires the consent of both parties.

Annex 1 — data processing agreement

Annex 1 forms an integral part of the Terms and is accepted together with them when the Account is set up. It is binding from the moment the User enters the first data of a third party (§10(5)). It has no version designation of its own — it shares the designation of the Terms.

The content of Annex 1 is available at https://profilon.pl/flaber/powierzenie.