Company Information
SETOR AI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
- KRS: 0001202220
- NIP: 7123502599
- REGON: 543088690
- Address: Tomasza Zana 1, 20-601 Lublin, Poland
- Email: [email protected]
- Website: https://setor.ai
- Application: https://app.setor.ai
1. Definitions
“Order Form” means a mutually signed purchase order specifying the Service, subscription tier, price, and applicable commercial terms.
“Confidential Information” means any non-public information disclosed by one party to another relating to this Agreement, including business plans, technical data, product strategies, pricing, customer data, and information marked confidential.
“Instagram” means the Instagram platform operated by Meta Platforms, Inc. and its affiliates.
“Client” or “You” means the entity or individual registering and using the Service.
“Account” means the user account created by Client to access and use the Service.
“Instagram Account” means Client’s business, creator, or professional Instagram account connected via Meta API.
“Client Data” means all data, content, and information submitted by Client or end-users through the Service, including direct messages, contact information, conversation content, and data processed on Client’s behalf.
“Derivative Data” means aggregated, statistical, or anonymized data created through processing Client Data, which does not permit identification of individuals or Client, as described in Section 6.7.
“Effective Date” means when Client first accesses the Service or accepts these Terms, whichever is earlier.
“Deployer” means Client as the entity implementing and deploying the Service as an AI system to its audience and end-users under EU AI Act.
“Subprocessor List” means the list of Subprocessors maintained by Setor AI per the Data Processing Agreement and Section 7.
“Meta” means Meta Platforms, Inc., its subsidiaries and affiliates, including Instagram, Facebook, WhatsApp, and Threads operators.
“Meta API” means application programming interfaces provided by Meta for Instagram integration, including Graph API, Messaging API, and successor APIs.
“Subscription Period” means the duration Client maintains an active subscription per the Order Form or pricing plan.
“Fees” means all amounts owed by Client for Service use, including subscription fees, usage-based fees calculated on Usage Metrics, overage fees, and other charges specified in the pricing plan, Order Form, or these Terms.
“Usage Metrics” means units measuring Service consumption, including messages sent/received, unique contacts engaged, AI-generated responses processed, connected Instagram Accounts, API calls, and other metrics in the pricing plan.
“Usage-Based Pricing” means a model where Fees are calculated wholly or partly on actual Service consumption measured by Usage Metrics, as opposed to flat subscription fees.
“Third-Party Platform” means any third-party service, platform, or application integrated with the Service, particularly Instagram, Facebook, Meta platforms, Google Services, and services listed on the Subprocessor List.
“Affiliated Entity” means any entity directly or indirectly controlling, controlled by, or under common control with a Party, where “control” means ownership of over 50% of voting securities or equivalent ownership interest.
“Subprocessor” means any third-party service provider to whom Setor AI entrusts data processing relating to the Service per the Subprocessor List.
“Acceptable Use Policy” or “AUP” means the acceptable use rules in Section 11.
“Setor AI,” “Provider,” “We,” or “Us” means SETOR AI Spółka z ograniczoną odpowiedzialnością, Tomasza Zana 1, 20-601 Lublin, Poland, registered in the National Court Register under KRS 0001202220, NIP 7123502599 (EU VAT: PL7123502599), REGON 543088690.
“Data Processing Agreement” or “DPA” means the data processing terms between parties per Article 28 GDPR, attached as Annex A.
“Service” means the Setor AI platform, including software, features, tools, and functionality via setor.ai and app.setor.ai, detailed in Section 3.
“Google Services” means services, APIs, and platforms by Google LLC and affiliates, potentially integrated with or used by the Service, including Google Workspace, Google Cloud Platform, Google OAuth, Gemini models, Google Fonts, and reCAPTCHA.
“Authorized User” means any person authorized by Client to access the Service through Client’s Account.
2. Acceptance of Terms
2.1 By creating an Account, accessing, or using the Service, Client agrees to be bound by these Terms, including the Data Processing Agreement (Annex A), Acceptable Use Policy (Section 11), and all referenced policies.
2.2 If Client enters this Agreement on behalf of a company, organization, or other legal entity, Client represents having authority to bind that entity. Individuals accepting these Terms bear personal responsibility for violations if lacking such authority.
2.3 If Client does not accept these Terms, Client is not authorized to access or use the Service.
2.4 These Terms, together with applicable Order Forms and incorporated documents, constitute the complete agreement regarding Service use and supersede all prior agreements, offers, and communications. In case of conflict between these Terms and an Order Form, the Order Form prevails.
3. Service Description
3.1 Setor AI provides a software-as-a-service (SaaS) platform enabling companies to automate and manage conversations via Instagram direct messages using advanced artificial intelligence and machine learning technologies. The Service includes automated responses, lead qualification, meeting scheduling, and conversation management through Meta API integration. The Service is a configurable tool whose operation, including AI persona and presentation to contacts, is configured by Client.
3.2 The Service uses diverse AI and machine learning technologies, including natural language processing, image analysis, voice transcription, and response generation systems from multiple external providers listed on the Subprocessor List (Section 7). Setor AI reserves the right to change, update, or replace underlying AI technologies and service providers at any time, provided such changes do not substantially limit basic Service functionality during the current Subscription Period and follow the Subprocessor change procedure in Section 7.
3.3 Setor AI is a Meta Verified Technology Partner, confirming compliance with Meta’s technical and integration requirements for Instagram. This designation does not constitute Meta endorsement, warranty, or assurance regarding the Service and does not modify Section 8 (Third-Party Platform Dependence) or Section 9 (Instagram Account Risks).
3.4 Setor AI reserves the right to modify, update, suspend, or discontinue any Service portion at any time. Where possible, Setor AI provides at least fourteen (14) days’ notice of material changes negatively affecting basic functionality. Continued Service use after changes constitutes acceptance of the modified Service.
3.5 Setor AI may offer beta or experimental features provided “as-is” without warranty, subject to additional terms, and may discontinue them anytime without liability.
3.6 The Service is provided using reasonable commercial efforts. Setor AI aims for 99.5% monthly availability for core platform functions (excluding planned maintenance, Third-Party Platform downtime, and Force Majeure events). This target is aspirational, not a binding Service Level Agreement (SLA), unless a separate SLA is agreed in the Order Form.
4. Account Registration and Security
4.1 To use the Service, Client must create an Account with true, current, and complete registration information. Client must promptly update this information to maintain accuracy and currency.
4.2 Client must be at least sixteen (16) years old (or the age required to consent to data processing in Client’s jurisdiction, if higher) to create an Account and use the Service. Creating an Account, Client represents meeting this age requirement.
4.3 The Service is intended for business and professional use (B2B). Creating an Account, Client represents using the Service for business or professional purposes, not as a consumer, subject to Section 26 (Consumer Protection).
4.4 Client is responsible for maintaining confidentiality of Account credentials, including passwords, API keys, and access tokens. Client is responsible for all Account activity. Client must immediately notify Setor AI of unauthorized Account access or security breaches at [email protected].
4.5 To use core Service functions, Client must connect their business or professional Instagram account via Meta OAuth authorization. By connecting an Instagram Account:
- (a) Client authorizes Setor AI to access and interact with the Instagram Account via Meta API per Meta’s Platform Terms and these Terms;
- (b) Client represents being the Account owner or having legal authority to control it;
- (c) Client acknowledges that connecting grants Setor AI specified permissions (including reading and sending direct messages, accessing profile information, managing conversations) as described in the Meta OAuth consent screen;
- (d) Client may revoke Setor AI’s access anytime via Instagram settings or Meta’s Business Integrations page, which disables core Service functionality for that account.
4.6 If the Service uses Google Services (including Google OAuth for authentication), Client authorizes Setor AI to access only minimal Google account information necessary for authentication (typically email, name, profile photo). Setor AI does not access Google Drive, Gmail, Google Calendar, or other Google services unless explicitly described and Client has consented.
4.7 Setor AI reserves the right to suspend or close Client’s Account anytime if: (a) Client violates these Terms; (b) Service use violates applicable law or Meta Platform Terms; (c) the Account poses security risk to the Service or other users; (d) law, regulation, or court order requires it; or (e) Client’s Instagram Account is suspended, blocked, or restricted by Meta.
5. Pricing, Fees, and Payments
5.1 The Service is offered via subscription plans with fixed, usage-based, or hybrid pricing components per setor.ai or the applicable Order Form. Pricing may be structured as:
- (a) Fixed subscription plans with defined functionality scope and usage limits;
- (b) Usage-based pricing calculated on actual Service consumption measured by Usage Metrics;
- (c) Hybrid plans combining a base fee with usage charges exceeding plan limits;
- (d) Enterprise pricing individually set in the Order Form, taking precedence over published pricing.
5.2 For usage-based Fees:
- (a) Usage Metrics are measured and recorded by Setor AI’s automated systems in real-time;
- (b) Client may monitor current usage and projected Fees via their Account dashboard;
- (c) Setor AI provides detailed usage statements on each invoice;
- (d) If Client disputes usage measurement, they must notify Setor AI in writing within fourteen (14) days of invoice receipt; Setor AI will investigate and correct confirmed errors.
5.3 Some pricing plans include tiered pricing structures. Monthly usage-based Fees cannot exceed USD 50,000 per calendar month per Account unless a higher limit is expressly agreed in the Order Form. As Client approaches or exceeds usage thresholds, Setor AI uses commercially reasonable efforts to notify Client via their Account dashboard and email.
5.4 If Service usage exceeds plan limits:
- (a) Overage usage is charged per the applicable overage rate;
- (b) Overage fees are calculated and invoiced in arrears or in real-time as usage accrues;
- (c) Client may set usage alerts and spending limits via their Account dashboard;
- (d) Setor AI uses commercially reasonable efforts to notify Client when usage reaches 80% and 100% of plan limits; these notifications are informational, and their absence does not waive Client’s obligation to pay for actual usage.
5.5 For usage-based and hybrid plans, Fees are automatically adjusted each billing period based on actual Usage Metrics. Client acknowledges monthly invoiced amounts may vary between periods. Setor AI provides real-time usage visibility, daily-updated projected Fees for the current billing period, and the ability to configure spending alerts and limits.
5.6 All Fees correspond to the selected pricing plan and are stated and payable in the currency indicated on the pricing page or in the Order Form (EUR, USD, or PLN), excluding applicable taxes unless expressly stated. For currency conversion, the applicable exchange rate is the average market rate published by the National Bank of Poland (NBP) on invoice date or the European Central Bank (ECB) reference rate, at Setor AI’s discretion.
5.7 Fixed subscription Fees are charged in advance monthly or annually per Client’s choice. Usage-based Fees are charged in arrears at each billing period end. Subscriptions automatically renew for successive periods of the same duration unless Client cancels via Account settings or [email protected] at least seven (7) days before renewal.
5.8 Setor AI may change published pricing with at least thirty (30) days’ prior written notice via email to the Account address. Price changes take effect at the next Subscription Period after the notice period. Client must actively accept the new pricing; continuing Service use does not constitute acceptance. If Client does not accept new pricing before the next Subscription Period, Client may cancel and receive a pro-rata refund for the prepaid, unused portion of the current Subscription Period.
5.9 Payment is due upon invoice issuance for all subscription plans. For Enterprise clients with Order Forms, payment terms are fourteen (14) days net from invoice date unless otherwise agreed. Setor AI accepts credit card, debit card, and bank transfer payments.
5.10 If payment is not received within fourteen (14) days of due date, Setor AI may: (a) charge late interest per statutory rates for payment delays in commercial transactions under applicable law; (b) recover reasonable collection costs; and (c) pursue other available legal remedies.
5.11 Setor AI may suspend Service access if any invoice remains unpaid more than fourteen (14) days past due, after prior written demand with a seven (7) day cure period. During suspension, Client Data is retained but inaccessible. If payment is not received within thirty (30) days of suspension, Setor AI may terminate the Agreement.
5.12 Client is responsible for all applicable taxes, levies, and public charges from Service use, including value-added tax (VAT), except taxes assessed solely on Setor AI’s net income. If Client must withhold or deduct taxes by law, Client will gross-up the payment amount so Setor AI receives the full Fees.
5.13 All paid Fees are generally non-refundable except for: (a) material, uncured SLA violation per an agreed Order Form SLA; (b) Agreement termination due to Meta’s permanent API access withdrawal (pro-rata refund per Section 8.6); (c) confirmed billing errors; or (d) cases where mandatory law requires refunds (including consumer cancellation rights per Section 26). Refunds or credits are not granted for: (i) subscription plan downgrades; (ii) early Client termination (except above cases); (iii) Service interruptions caused by Third-Party Platforms; or (iv) account restrictions imposed by Meta or other Third-Party Platforms.
6. Intellectual Property and Derivative Data
6.1 Setor AI and its licensors retain all rights, titles, and interests in the Service, including related intellectual property rights (patents, copyrights, trademarks, trade secrets, and know-how). The Service is protected under Polish, EU, and international intellectual property laws. These Terms do not grant Client any rights to use Setor AI’s trademarks, logos, or brand designations unless expressly permitted in writing.
6.2 Client retains all rights, titles, and interests in Client Data. Client’s content remains its property. By using the Service, Client grants Setor AI a limited, non-exclusive, worldwide, royalty-free license to use, process, store, copy, and transmit Client Data solely to provide, maintain, support, and improve the Service and as described in the DPA. This license terminates upon Agreement termination, subject to data retention provisions in the DPA.
6.3 If Client provides Setor AI feedback, suggestions, ideas, or improvement proposals (“Feedback”), Client irrevocably transfers all rights, titles, and interests in such Feedback to Setor AI, which may use it without limitation, attribution obligation, or compensation. To the extent such transfer is ineffective under applicable law, Client grants Setor AI a perpetual, irrevocable, worldwide, royalty-free license with sublicensing rights.
6.4 AI-generated content created by Service features (including automated responses and message suggestions) is created using Client’s data, instructions, and configuration. Regarding ownership of AI-generated content between the parties, Client owns such content, subject to Setor AI’s intellectual property rights in the underlying algorithms, models, and systems used to generate it.
6.5 The Service may contain open source software components. A list of material components and their licenses (SBOM) is available upon written request to [email protected]. These Terms do not limit rights granted under applicable open source licenses.
6.6 Client may not reverse engineer, decompile, disassemble, or attempt to reproduce the Service’s source code, algorithms, or underlying technology, except where such restrictions are expressly prohibited by applicable law.
6.7
6.7.1 Setor AI may generate and use Derivative Data (aggregated, statistical, or anonymized data preventing individual or Client identification) to maintain, monitor, secure, develop, and improve the Service and its models, as well as for analytics and benchmarking. The basis for such processing is Setor AI’s legitimate interest (Article 6(1)(f) GDPR) in developing and improving the Service.
6.7.2 Setor AI is the Derivative Data controller. Setor AI does not use Client Data enabling individual identification to train its own general models or provide it to Subprocessors for that purpose except as provided in the DPA. Anonymization is designed to prevent re-identification.
Setor AI does not treat Derivative Data as outside GDPR scope merely through aggregation. Data undergoes anonymization, and as long as real re-identification possibility exists, Setor AI applies data protection rules. Clients have a right to object to processing per Article 21(1) GDPR.
7. Subprocessors and Data Processing Delegation
7.1 To the extent Setor AI processes personal data on Client’s behalf, the parties enter a DPA (Annex A) per Article 28 GDPR. Setor AI acts as a processor and Client as controller regarding end-users’ data processed via the Service.
7.2 Client grants Setor AI general written authorization to use Subprocessors on the Subprocessor List and to later replace or add them per Articles 28(2) and 28(4) GDPR. The Subprocessor List and broad service categories enabling provider replacement without amendment are specified in Section 7.6.
7.3 To add or replace a Subprocessor, Setor AI notifies Client at least fourteen (14) days in advance (via Account dashboard, email, or Subprocessor List update). Client may object only for documented, justified data protection reasons within fourteen (14) days. Lack of objection within this period constitutes acceptance.
7.4 Upon justified, documented objection, the parties will negotiate in good faith to find a solution. If impossible, Client’s only remedy is to terminate that Service portion affected by the disputed Subprocessor. Objection does not constitute veto over Setor AI’s operations.
7.5 For Subprocessors outside the European Economic Area (EEA), Setor AI ensures appropriate Chapter V GDPR transfer safeguards, particularly: participation in the EU-US Data Privacy Framework (DPF) or Standard Contractual Clauses (SCC, Commission Implementing Decision (EU) 2021/914), supplemented by Transfer Impact Assessment (TIA) if needed.
7.6 Subprocessor List
Setor AI may replace providers within indicated categories without amendment, following Sections 7.3-7.4. Each US-based entity lists its transfer mechanism (DPF or SCC, supplemented by TIA if needed).
| Entity | Purpose | Location | Transfer Mechanism | Trains on Data |
|---|---|---|---|---|
| OpenAI, L.L.C. | AI response generation | USA | DPF + SCC | Does not train on API data (opt-in only) |
| Anthropic, PBC | Backup AI model | USA | DPF + SCC | Contractually does not train on Client data |
| Google LLC (Gemini) | Profile photo analysis, vision, response generation | USA | DPF + SCC | To verify per model terms |
| OpenRouter, Inc. | AI model API gateway | USA | SCC | Depends on selected model (weakest link) |
| Groq, Inc. | Conversation audio transcription | USA | SCC | No |
| Changes AI, Inc. / fal.ai | Image generation | USA | SCC | No |
| ElevenLabs, Inc. | AI conversation voice synthesis | USA | SCC | No |
| Meta Platforms, Inc. | Instagram, Facebook, WhatsApp API | USA | DPF | Co-controller for own purposes |
| Twilio Inc. | SMS and voice calls | USA | DPF + SCC | No |
| Slack Technologies / Salesforce | Team integration | USA | DPF + SCC | No |
| Stripe, Inc. | Payments and subscriptions | USA | DPF + SCC | No |
| Attio | CRM | USA / EU | SCC | No |
| iClosed | Sales CRM | USA | SCC | No |
| Gleap | Support widget and reports | EU | N/A (EEA) | No |
| HighLevel (GoHighLevel) | CRM and calendars | USA | SCC | No |
| Calendly | Bookings | USA | DPF + SCC | No |
| Cal.com | Bookings | EU / USA | SCC | No |
| RapidAPI | Instagram public profile research | USA | SCC | No |
| Notion | Notes | USA | SCC | No |
| Resend | Email delivery (active) | USA / EU | SCC | No |
| Postmark | Email delivery (alternative) | USA | SCC | No |
| SendGrid (Twilio) | Email delivery (alternative) | USA | DPF + SCC | No |
| Nodemailer / SMTP | Email delivery (alternative) | Depends on configuration | SCC if transfer | No |
| PostHog | Product analytics | EU (Frankfurt, EU data residency) | N/A (EEA) | No |
| Sentry | Error monitoring | USA / EU | SCC | No |
| Cloudflare, Inc. | Hosting, CDN, R2, Workers | USA / global | DPF + SCC | No |
| Amazon Web Services (S3) | Backups | EU / USA | SCC | No |
| Hetzner Online GmbH | Self-hosted PostgreSQL (main database) | Germany, EU | N/A (EEA) | No |
| Neon | Alternate database | EU / USA | SCC | No |
| PlanetScale | Alternate database | USA / EU | SCC | No |
| pg-boss | Job queue within PostgreSQL | Germany, EU | N/A (EEA) | No |
7.7 Client acknowledges that Meta, for its own purposes, acts as a separate or co-controller of data processed via Meta API, independent of Setor AI’s obligations. Client’s Instagram Account use is subject to Meta’s policies.
8. Third-Party Platform Dependence
This section contains material limitations and disclaimers about Third-Party Platforms. Please read carefully.
8.1 The Service integrates with and depends on Third-Party Platforms, including Instagram, Meta API, and Google Services. Setor AI does not own, operate, or control these platforms. Client expressly acknowledges that Service availability, functionality, and performance depend on third-party platforms’ continuous availability and proper operation. Client should assess whether this dependence is acceptable before purchasing Service.
8.2 Setor AI does not guarantee uninterrupted access to any Third-Party Platform, including Meta API. These platforms may experience outages, rate limiting, feature withdrawal, or complete discontinuation anytime. Setor AI uses commercially reasonable efforts to minimize disruption impact but cannot entirely eliminate this risk.
8.3 If Meta changes its policies, making Service provision commercially unfeasible or impossible: (a) Setor AI notifies Client within fourteen (14) days of learning this; (b) either party may terminate this Agreement with thirty (30) days’ written notice; (c) upon such termination, Client receives a pro-rata refund of prepaid Fees for the remaining Subscription Period; (d) neither party has further liability from such termination.
8.4 Meta exercises exclusive, independent control over Instagram and may, at its sole discretion and without notice, limit, suspend, shadow-ban, rate-limit, or permanently block any Instagram account for any reason. Setor AI is not liable for such Meta actions, regardless of whether Client was using the Service at the time. Client acknowledges that such enforcement actions are widespread across the Instagram automation industry.
8.5 If Meta API becomes permanently unavailable or Meta permanently withdraws Setor AI’s API access, Setor AI will use commercially reasonable efforts to develop alternative platform integrations within ninety (90) days. This commitment does not guarantee reproducing all existing functionality.
8.6 If Meta permanently withdraws API access, preventing core Service provision: (a) either party may immediately terminate this Agreement in writing; (b) Client receives a pro-rata refund of prepaid Fees for the current Subscription Period; (c) Setor AI’s total liability for such termination does not exceed the pro-rata refund; (d) this constitutes Client’s sole legal remedy if the Service ceases due to Meta.
8.7 Regarding Google Services: (a) Google may modify, withdraw, or discontinue any Google Service anytime; (b) Google’s terms and policies apply independently; (c) Setor AI is not liable for disruptions from Google actions or policy changes; (d) if Google OAuth disruption occurs, Setor AI will provide alternative authentication within reasonable time.
8.8 To the extent the EU Digital Markets Act (Regulation (EU) 2022/1925) imposes interoperability obligations on Meta as a designated gatekeeper, Setor AI may implement integrations using such provisions. Such integrations remain subject to these Terms and the DPA.
8.9 To the maximum extent permitted by applicable law, Setor AI is not liable for losses, damages, costs, or expenses from or related to: (a) Meta, Google, or other Third-Party Platform actions against Client accounts; (b) changes to third-party APIs, policies, or terms; (c) loss of followers, reach, engagement, leads, messages, or business opportunities; (d) temporary or permanent Service unavailability from Third-Party Platform issues.
9. Instagram Account Risks and Responsibility
9.1 Client acknowledges that Instagram account restrictions, temporary limitations, rate limiting, shadow-banning, and enforcement actions are widely recognized, frequent phenomena across the Instagram automation industry. Meta undertakes these independently, affecting all automation tool users, not just Setor AI users.
9.2 Despite Setor AI’s Meta Verified Technology Partner status, partnership does not guarantee immunity from Meta enforcement. No automation tool provider can guarantee Client’s Instagram Account will avoid Meta restrictions.
9.3 Client bears exclusive responsibility for:
- (a) ensuring Account compliance with Meta’s Terms of Service, Community Guidelines, Platform Policy, Communication Policy, and Instagram Community Guidelines at all times;
- (b) all message content sent via the Service, including AI-generated messages Client authorized for automatic sending;
- (c) maintaining Instagram Account credential and Meta Business Manager access security;
- (d) configuring automation rules, response templates, and AI behavior settings in compliance with Meta policies and applicable law;
- (e) monitoring the Instagram Account for restrictions, warnings, or Meta enforcement actions and appropriately adjusting Service use;
- (f) respecting Instagram rate limits and communication policies even if Service technical capabilities allowed higher volumes.
9.4 Client acknowledges Instagram Account data is processed via Meta API per Meta Platform Terms and Meta Data Policy; Meta has rights to access, use, and retain data processed via Meta API per its policies; Client should review Meta’s Data Policy and Instagram Terms.
9.5 No refunds, compensation, or damages of any kind are available for Service interruptions, restrictions, or suspension caused by Instagram account limitations, suspensions, or blocks by Meta, regardless of cause.
10. Google Services Integration
10.1 If the Service uses Google OAuth for user authentication, Setor AI accesses only minimal Google account information necessary for authentication (typically email, name, profile photo). Setor AI does not access Google Drive, Gmail, Google Calendar, or other Google services unless explicitly described in Service documentation and Client consented.
10.2 Use and communication of Google API information complies with the Google API User Data Policy, including Limited Use requirements. Specifically: (a) Setor AI uses Google user data solely to provide or improve the Service; (b) does not provide it to third parties except to provide or improve the Service, comply with law, or in merger/acquisition; (c) does not use Google user data for advertising; (d) does not enable people to read Google user data unless the user expressly consented, it’s security-necessary, or law requires it.
10.3 If using Google Cloud Platform or other Google infrastructure services, use is subject to Google Cloud Service Terms. Setor AI selects EU-region data centers where available to minimize cross-border data transfer.
10.4 Setor AI websites may use Google Fonts for typography and analytics tools. Client’s use of Service web interfaces may create server connections to load fonts. Section on Cookies Policy and Privacy Policy details such connections.
11. Acceptable Use Policy
11.1 Client may use the Service only for lawful business purposes, per these Terms and applicable law.
11.2 Client may not and prohibits any Authorized User or third party from:
- (a) using the Service to send spam, unsolicited messages, or bulk messages violating applicable law or Meta policies;
- (b) sending misleading, fraudulent, false, or harassing messages via the Service;
- (c) using the Service in violation of Meta Terms, Community Guidelines, Platform Policy, Communication Policy, or Instagram Community Guidelines;
- (d) attempting to bypass, disable, or interfere with Service security, including the AI disclosure function in Section 16;
- (e) using the Service to collect, store, or process personal data violating data protection law, including GDPR;
- (f) reverse engineering, decompiling, disassembling, or reproducing the Service’s source code, algorithms, or technology except as permitted in Section 6.6;
- (g) using the Service to develop competing products/services or benchmark against competitors without prior written consent;
- (h) reselling, sublicensing, or redistributing the Service without prior written consent;
- (i) using the Service in ways that damage, disable, overload, or impair the Service or others’ use;
- (j) using the Service to promote or facilitate unlawful activity, including fraud, money laundering, or banned goods/services;
- (k) transmitting malware, viruses, or harmful code via the Service;
- (l) impersonating anyone or misrepresenting affiliation;
- (m) using the Service for high-risk or prohibited EU AI Act uses, particularly: social scoring, real-time remote biometric identification, employment decisions, creditworthiness assessment, or law enforcement profiling;
- (n) contacting individuals who declined communication or blocked the Instagram Account;
- (o) bypassing Instagram rate limits or sending volumes exceeding Meta’s permitted thresholds.
11.3 Setor AI may investigate any Policy violation and take any appropriate action, including Account suspension or closure, without prior notice and without liability.
11.4 Client must immediately report any suspected Policy violations by any Authorized User or third party to [email protected].
12. Confidentiality
12.1 Each party commits to: (a) protecting the other’s Confidential Information with at least the same care used for its own information, but no less than reasonable care; (b) not disclosing Confidential Information to third parties without prior written consent; and (c) using Confidential Information only to exercise rights or perform obligations under this Agreement.
12.2 Confidential Information does not include information that: (a) is or became publicly available without the receiving party’s fault; (b) was known to the receiving party before disclosure, confirmed by written records; (c) was independently developed by the receiving party without reference to Confidential Information; or (d) was rightfully received from a third party without disclosure restrictions.
12.3 A party may disclose Confidential Information if required by law, regulation, or court order, provided reasonable advance notice (if legally permissible) and disclosure of only the minimum necessary information.
12.4 Each party acknowledges unauthorized disclosure may cause irreversible harm making monetary damages an inadequate remedy. Each party may seek injunctive relief without waiving other remedies.
12.5 Confidentiality obligations survive Agreement termination for three (3) years, except trade secrets remain protected as long as they retain trade secret status under applicable law.
13. Limitation of Liability
This section contains material liability limitations. Please read carefully.
13.1 To the maximum extent permitted by applicable law, Setor AI’s total liability under or relating to this Agreement, regardless of legal basis (contract, tort, strict liability, or other), does not exceed the total Fees actually paid by Client to Setor AI in the twelve (12) months directly preceding the liability-triggering event (the “Liability Cap”). For clients with billing history shorter than twelve (12) months, the Liability Cap is calculated by extrapolating average monthly Fees to a twelve-month equivalent.
13.2 To the maximum extent permitted by applicable law, Setor AI is not liable for indirect, incidental, special, or consequential damages, or for lost profits (including lost profits as defined in contract law), including lost profits, revenue, business opportunities, reputation, data, or use availability, regardless of whether Setor AI was informed of such damage possibility. The parties by exercise of freedom of contract agree Setor AI’s liability is limited to actual damages within the Liability Cap.
13.3 The limitations in Sections 13.1 and 13.2 do not apply to:
- (a) liability for intentional harm, which law prohibits limiting or excluding;
- (b) liability that law forbids limiting or excluding, including non-waivable GDPR obligations (particularly Article 82 GDPR regarding compensation for affected individuals);
- (c) Client’s indemnification obligations in Section 14.1, which do not apply the Liability Cap; for clarity, Setor AI’s indemnification for third-party intellectual property rights claims (Section 14.2) applies the Liability Cap per Section 14.2;
- (d) confidentiality obligations in Section 12;
- (e) Client’s obligation to pay due Fees under this Agreement.
Consumer Protection Clause. If Client is a consumer or individual entering a contract directly related to business activity but not professional (as defined in applicable consumer protection law), the liability limitations above do not bind them where they would constitute unfair contract terms. Setor AI is liable to such clients under applicable mandatory law standards.
13.4 Regarding Subprocessor liability, Client acknowledges Subprocessors’ individual liability to Setor AI is limited by their agreements. Where liability arises solely from Subprocessor action or omission and Setor AI exercised reasonable care in selection and oversight: (a) Setor AI’s liability does not exceed the higher of the Liability Cap or amounts actually recovered from the Subprocessor; (b) Setor AI will use reasonable efforts to recover from the Subprocessor; (c) this does not limit Setor AI’s obligations to affected individuals or supervisory authorities under GDPR.
13.5 The parties acknowledge Fees reflect the risk allocation in this Agreement, including the liability limitations in this section. These limitations are fundamental to the Agreement’s basis; Setor AI would not provide the Service at the stated Fees without them.
14. Indemnification
14.1 Client will indemnify and hold harmless Setor AI, its officers, directors, employees, and agents from claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) from third-party claims relating to or arising from:
- (a) lack of legal basis or consent for Client contacting its audience and contacts via the Service;
- (b) Client not disclosing to end-users that they interact with an AI system, including disabling or bypassing AI disclosure functions (Section 16);
- (c) Client violating Meta Terms, Instagram Community Guidelines, or other Third-Party Platform terms (including WhatsApp and Facebook);
- (d) Client using the Service for EU AI Act-classified prohibited or high-risk applications;
- (e) Client violating these Terms or the Acceptable Use Policy;
- (f) Client violating applicable law or regulation, including laws in Client’s jurisdiction or recipient jurisdictions (per Section 24.7);
- (g) claims arising from Client Data or message content sent via the Service by Client or its Authorized Users;
- (h) Client failing to obtain necessary end-user consent for data processing.
14.2 Setor AI will indemnify and hold harmless Client from third-party claims that the Service, as provided by Setor AI, infringes third-party intellectual property rights recognized under EU or Polish law, subject to the Liability Cap in Section 13.1.
14.3 Indemnification obligations require the entitled party to: (a) immediately notify in writing (delay does not waive, unless it prejudices the indemnifying party’s position); (b) grant the indemnifying party control of defense and settlement (settlements imposing Client obligations require Client’s non-arbitrary approval); and (c) provide reasonable cooperation at the indemnifying party’s expense.
14.4 Indemnification obligations are mutual where applicable, ensuring compliance with Polish law standards where one-sided indemnity clauses may face judicial scrutiny.
15. AI-Generated Content and Product Liability
15.1 The Service generates automated responses and message suggestions using AI technology. AI-generated content constitutes suggestions and recommendations based on algorithmic processing of available data and does not guarantee accuracy, appropriateness, or completeness.
15.2 AI results do not constitute legal, financial, medical, therapeutic, or other professional advice and should not be relied upon as such. Client should seek independent professional advice where appropriate.
15.3 Client bears exclusive responsibility for: (a) reviewing and approving AI-generated content before sending or accepting fully automated response risk if Client enabled automated sending; (b) ensuring AI-generated message compliance with applicable law, industry regulations, and Meta policies; (c) consequences of any AI-generated message sent to end-users via Client’s Instagram Account.
15.4 Client acknowledges AI systems may generate inaccurate, incomplete, misleading, or inappropriate responses; may not understand context, nuance, cultural sensitivity, or specialized topics; performance may vary by language, subject, and conversation complexity; Setor AI does not guarantee AI-generated content suits Client’s purpose or achieves specific results.
15.5 Client must: (a) maintain appropriate human oversight of automated conversations; (b) designate at least one Authorized User responsible for monitoring AI-generated messages and intervening as needed; (c) configure reasonable safety parameters, including response review settings and escalation triggers, appropriate to Client’s industry and risk profile.
15.6 Regarding EU product liability (Directive (EU) 2024/2853):
- (a) Setor AI’s liability for AI-generated content claims is limited to direct damages not exceeding the Liability Cap, unless mandatory law provides otherwise;
- (b) Client’s configuration, customization, and approval of AI content may constitute product “modification,” making Client liable as a modifying entity as provided by law;
- (c) Setor AI maintains appropriate product liability insurance or financial reserves as required post-Directive transposition to Polish law (expected December 2026).
16. AI Disclosure and EU AI Act Compliance
16.1 Upon the Effective Date, Setor AI classifies the Service as a limited-risk AI system under the EU AI Act (Regulation (EU) 2024/1689), specifically as an AI system intended for direct human interaction. This imposes transparency obligations under Article 50 but not high-risk system requirements. Article 50 requirements apply from August 2, 2026.
16.2 AI Disclosure – Configurable Tool and Role Division
16.2.1 Setor AI provides a configurable tool. Client independently configures the AI persona, including how it presents itself to users and discloses its AI character.
16.2.2 To satisfy the provider’s design obligation (Article 50(1) AI Act), Setor AI provides disclosure capability – a configurable message informing end-users they interact with an AI system unless circumstances make this obvious. Per Article 50(5) AI Act, this information is provided by first interaction at the latest.
16.2.3 Client, as the entity configuring the persona and deploying the tool to its audience (Deployer), bears operational responsibility for actually informing end-users they interact with AI. Client commits not to disable or bypass the AI disclosure function Setor AI provides and indemnifies Setor AI (per Section 14.1(b)) for failing to do so.
Role division summary: (1) Setor AI provides disclosure capability, satisfying Article 50(1) design obligations; (2) Client configures the AI persona and presentation; (3) Setor AI is indemnified by Client as Deployer for actual end-user disclosure and emotion, biometric, and deepfake obligations (Article 50(3)-(4) AI Act).
16.2.4 Setor AI provides the Service with a default persona configuration informing contacts they interact with an AI system per transparency requirements (including Article 50 AI Act). This default assists Client in meeting transparency obligations. Client configured the Service as Deployer and remains responsible for maintaining appropriate end-user disclosure throughout Service use.
16.2.5 If Client modifies the default persona configuration, Client assumes full responsibility for ensuring modified configuration complies with applicable transparency and AI disclosure requirements and indemnifies Setor AI per Section 14.1(b).
16.3 Client may not use the Service for purposes classified as high-risk or prohibited under the AI Act, including: (a) employment decision-making or material influence; (b) creditworthiness assessment; (c) justice or law enforcement; (d) biometric identification or categorization; (e) social scoring or behavior manipulation; (f) any Article 5 AI Act prohibited practices.
16.4 Client may not use the Service for subliminal, manipulative, or deceptive techniques materially distorting end-user behavior causing substantial harm per Article 5(1)(a) AI Act.
16.5 The Polish Data Protection Authority (PUODO) is the authority for personal data protection. A designated national authority will oversee the AI Act (legislation pending). Article 50 transparency violations carry administrative fines up to EUR 15 million or 3% global annual revenue (whichever is higher), with lower amounts for small/medium enterprises per Article 99(6) AI Act.
16.6 If regulatory guidance, case law, or supervisory action reclassifies the Service as high-risk AI: (a) Setor AI notifies Client within thirty (30) days; (b) Setor AI will implement required compliance assessment and documentation per adjustment timelines; (c) Setor AI provides documentation and transparency information for high-risk system Deployers.
17. Assignment and Change of Control
17.1 Setor AI may transfer, assign, or delegate this Agreement wholly or partly in connection with merger, acquisition, corporate reorganization, or asset sale without Client consent. This reflects standard SaaS practice, enabling legitimate corporate transactions without Service disruption.
17.2 Client may not transfer or assign this Agreement or any rights/obligations without Setor AI’s prior written consent, which may not be unreasonably withheld or delayed.
17.3 Upon assignment per Section 17.1, Setor AI (or successor) notifies Client at least thirty (30) days in advance in writing, identifying the assignee and confirming assumption of all Setor AI obligations.
17.4 If assignment under Section 17.1 results in the assignee being a direct Client competitor, Client may terminate within sixty (60) days of assignment notice, receiving a pro-rata refund of prepaid Fees for the remaining Subscription Period.
17.5 All Agreement terms apply post-assignment and bind the parties and their successors and permitted assignees.
18. Termination and Suspension
18.1 Client may terminate this Agreement anytime by canceling their subscription via Account settings or [email protected]. Cancellation becomes effective at the end of the current Subscription Period. Refunds for remaining Subscription Period are not provided except as expressly provided in these Terms.
18.2 Setor AI may terminate this Agreement: (a) effective immediately upon written notice if Client materially breaches these Terms and fails to cure within fourteen (14) days of notice; (b) effective immediately if Service use poses direct security risk or violates law; (c) effective immediately if Meta or another Third-Party Platform requires it as a condition of continued API access; or (d) with thirty (30) days’ written notice for any reason, during which Client receives a pro-rata refund of prepaid Fees.
18.3 Upon termination or expiration:
- (a) Access: Client’s Service access is disabled.
- (b) Data Export: Client has thirty (30) days to export Client Data via the Service export function or by contacting [email protected].
- (c) Data Deletion: After export period, Setor AI deletes Client Data from active systems per the DPA and retention policy (Section 19). Residual copies in backup systems are deleted per standard backup retention schedules, not exceeding ninety (90) days.
- (d) Instagram Disconnection: Client’s Instagram Account connection is deactivated. Client should also revoke Setor AI’s access via Instagram settings.
- (e) Post-Termination Survival: Sections 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 survive termination or expiration. Particularly, data protection obligations and administrator/processor roles under GDPR (Section 25 and DPA - Annex A) survive.
18.4 Setor AI may immediately suspend Client’s Service access without liability if: (a) Client materially violates these Terms; (b) the Account has overdue payment (subject to Section 5.11’s additional period); (c) suspension is necessary to prevent harm; (d) law or a Third-Party Platform requires it; or (e) Client’s Instagram Account is suspended or blocked by Meta. During suspension, Client Data is retained per the DPA.
19. Security, Compliance, and Data Retention
19.1 Setor AI applies technical and organizational security measures to protect Client Data from unauthorized access, destruction, loss, alteration, or disclosure. Detailed measures are described in the DPA (Annex A).
19.2 Setor AI maintains an information security program including: (a) data-in-transit encryption (TLS 1.3 or newer) and data-at-rest encryption (AES-256); (b) role-based access control (RBAC) with multi-factor authentication (MFA) for administrative access; (c) regular vulnerability assessments and security testing; (d) staff training and background verification; (e) incident response and business continuity procedures; (f) security assessments for all Subprocessors.
19.3 Retention Periods
19.3.1 Subject to storage limitation principles (Article 5(1)(e) GDPR), Setor AI retains data for:
- (a) Message and conversation content – one hundred eighty (180) days after Agreement termination or conversation deletion;
- (b) Analytics and usage metrics (including Derivative Data analytics) – thirty-six (36) months;
- (c) Billing and accounting data – periods required by tax and accounting law;
- (d) Backups – per rotation schedule not exceeding ninety (90) days.
19.3.2 After applicable periods, data is deleted or irreversibly anonymized. Client may shorten retention periods within Service provision limits by contacting [email protected].
19.4 Client may request annual compliance documentation, including copies of relevant external audit reports, certificates, and security questionnaire responses. On-site audits may be arranged per corporate Order Forms. All audit documentation is Setor AI’s Confidential Information.
19.5 Setor AI maintains documented incident response procedures. Upon confirmed security incident affecting Client Data, Setor AI applies notification procedures in the DPA.
19.6 Setor AI aspires to obtain SOC 2 Type II certification. This is aspirational, not a binding commitment or timeline.
20. Warranty Disclaimer
20.1 The Service is provided “as-is” and “as available,” without warranties, express, implied, statutory, or otherwise. Setor AI expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
20.2 Setor AI does not guarantee that: (a) the Service will meet Client’s requirements; (b) the Service will operate uninterrupted, timely, securely, or error-free; (c) results from the Service will be accurate, reliable, or complete; (d) AI-generated content will be accurate, appropriate, or suitable for Client’s purposes; (e) the Service will be compatible with any Third-Party Platform at all times; or (f) the Service will generate specific revenue, leads, or business results for Client.
20.3 Setor AI provides no warranties regarding any Third-Party Platform, including Meta, Instagram, and Google Services. Client’s Third-Party Platform use is governed by those platforms’ terms and policies, not these Terms.
20.4 Regarding Polish law, this warranty disclaimer is subject to mandatory digital services warranty provisions, as applicable.
21. Force Majeure
21.1 Neither party is liable for delay or non-performance of obligations (except payment obligations) to the extent caused by circumstances beyond reasonable control (“Force Majeure Event”), including natural disasters, pandemics, epidemics, war, terrorism, riots, government action, embargoes, labor disputes, power failures, internet/telecom outages, cyberattacks, and any Third-Party Platform action, policy change, API withdrawal, rate limiting, or functionality changes (including Meta and Google) affecting Service availability or function.
21.2 The affected party must immediately notify the other party and use commercially reasonable efforts to minimize impacts. If a Force Majeure Event lasts more than sixty (60) consecutive days, either party may terminate this Agreement in writing, with pro-rata refunds of prepaid Fees.
22. Governing Law and Dispute Resolution
22.1 These Terms are governed by and interpreted under Polish law, excluding conflict of law rules.
22.2 Subject to Section 23 (International Dispute Resolution), all disputes under or relating to these Terms are subject to the exclusive jurisdiction of the court competent for Setor AI’s registered office, being the District Court for Lublin-Wschód in Lublin with seat in Świdnik, or – for matters of original jurisdiction – the Regional Court in Lublin.
22.3 Before initiating court proceedings, the parties will attempt to resolve disputes in good faith negotiations for at least thirty (30) days from written dispute notice.
22.4 If negotiation does not resolve the dispute within thirty (30) days, either party may propose mediation with a qualified mediator. The parties split mediation costs equally.
22.5 In case of conflict between Polish and English versions, the Polish version takes precedence for Polish-based clients; the English version for all others.
23. International Dispute Resolution
This section applies to clients with offices outside the European Economic Area.
23.1 Disputes not resolved per Section 22.3 are finally resolved by arbitration under the International Court of Arbitration (ICC) Arbitration Rules. The seat is Warsaw, Poland. English is the arbitration language. One arbitrator is used for claims under EUR 100,000; three for claims of EUR 100,000 or more. Polish law applies per Section 22.1. The Arbitration Agreement is enforceable under Articles 1161-1217 of the Polish Code of Civil Procedure.
23.2 To the maximum extent permitted by applicable law, Client agrees that any dispute proceedings will be individual only, not class action, consolidated, or representative. This waiver does not apply if prohibited by mandatory law.
23.3 Notwithstanding arbitration, either party may seek temporary or permanent injunctive relief from any competent court to prevent irreversible harm, including for intellectual property or Confidential Information protection.
23.4 Disputes under EUR 5,000 may be resolved at either party’s option in simplified proceedings before the competent court in Lublin, Poland, rather than arbitration.
24. Multi-Jurisdictional Activity, Export Controls, and Sanctions
24.1 The Service is currently provided by SETOR AI Sp. z o.o., a Polish limited liability company. Future provision may be through affiliated entities in other jurisdictions. Upon such change, Setor AI will notify clients and ensure all obligations are fulfilled by the appropriate entity.
24.2 Polish law remains this Agreement’s governing law regardless of changes in Setor AI’s corporate structure or seat or its affiliates’ structure or seat, unless the parties agree otherwise in writing.
24.3 EU-based Client data is processed within the EEA unless: (a) Client expressly consents to processing outside the EEA; (b) transfer is necessary to perform the Agreement and is subject to Chapter V GDPR safeguards (including DPF or SCC, supplemented by TIA if needed); or (c) transfer occurs to a country the European Commission deemed to provide adequate data protection.
24.4 Client represents that: (a) Client is not listed on sanctions lists by the EU, USA (OFAC), UK, or other applicable sanctions authorities; (b) Client is not owned or controlled by sanctioned persons/entities; (c) Client is not based or resident in sanctioned countries or territories.
24.5 The Service cannot be provided, exported, or used in countries or territories subject to comprehensive sanctions by the EU, USA, UK, or UN, including (as of the Effective Date) Cuba, Iran, North Korea, Syria, and Ukrainian regions of Crimea, Donetsk, and Luhansk. The Service uses standard commercial encryption (TLS, AES-256), generally not subject to export control under Regulation (EU) 2021/821.
24.6 Client may not use the Service for processing sanctioned individuals’ data or facilitating transactions with sanctioned persons. Client must immediately notify Setor AI if Client or users may be subject to applicable sanctions.
24.7 Non-EU Clients and Client Jurisdiction Compliance
24.7.1 Setor AI provides the Service to clients globally, including outside the EU and EEA. Regardless of Client location, Polish law governs this Agreement per Section 22.1. Client is responsible for ensuring its Service use, including contacting its audience, clients, and end-users, complies with its jurisdiction’s applicable law.
24.7.2 Client represents that its Service use, including contacting its audience, clients, and end-users via the Service, complies with all applicable laws in Client’s jurisdiction and recipient jurisdictions, including: (a) local marketing, electronic communication, and unsolicited message laws (e.g., US TCPA and CAN-SPAM Act); (b) local consumer protection laws; (c) local AI transparency and system disclosure requirements; and (d) local data protection and privacy laws (e.g., California CCPA and CPRA).
24.7.3 Client will indemnify Setor AI (per Section 14.1) for third-party claims or authority action related to Client violating Section 24.7.2 laws or other Client jurisdiction or recipient jurisdiction laws.
24.7.4 Client acknowledges data may transfer both to and from the EU. For US transfers, Setor AI uses the EU-US Data Privacy Framework (DPF); if unavailable or inapplicable, Setor AI automatically applies Standard Contractual Clauses (SCC, Commission Implementing Decision (EU) 2021/914), supplemented by Transfer Impact Assessment (TIA) if needed. For transfers to other third countries, Setor AI applies Chapter V GDPR safeguards.
24.7.5 Polish law governs; Client is responsible for assessing and ensuring Service use complies with Client’s and recipient jurisdiction laws. Setor AI does not provide legal advice for non-Polish/EU law and is not liable for non-Polish/EU compliance.
25. Profiling, Automated Decisions, and Identity Stitching
25.1 Client acknowledges that to provide the Service and Client’s marketing/sales activities, data may be stitched into coherent profiles across multiple devices and systems (e.g., quiz result, email, CRM, Meta platforms, Stripe). This is marketing profiling under GDPR.
25.2 Hashed (one-way encrypted) identifiers for matching and identity stitching remain personal data under GDPR as long as they enable individual distinction. IP addresses are also personal data (CJEU C-582/14 Breyer).
25.3 Setor AI does not make decisions with legal effects or similarly significant impact on affected individuals based solely on automated processing (Article 22 GDPR). The reason is not merely that an automated stage is involved, but that material decisions (e.g., contracting, offer presentation, lead qualification for sales) are made by humans – Client’s salespeople or representatives – with genuine freedom of judgment, not merely rubberstamping automated outputs. Marketing profiling and any Service-generated results, scores, or recommendations are solely supporting material humans may accept, modify, or reject, and do not automatically determine impact on affected individuals. Client, as controller for end-user data, must ensure decisions with legal effects or similar impact are genuinely made by humans with real freedom of judgment; otherwise Client is responsible for Article 22 GDPR compliance (including safeguards and legal basis).
25.4 Analytics and ad-tech tools (including Meta Pixel, Conversions API, PostHog, and session recording) are used solely based on prior, granular user consent (Article 6(1)(a) GDPR and Article 5(3) Directive 2002/58/EC; Polish law: Articles 399-400 and 398 of the July 12, 2024 Electronic Communications Law, concerning device-storage information and access), per CJEU C-252/21 (Meta v. Bundeskartellamt), excluding reliance on legitimate interest for these purposes. Hashed identifiers in these tools remain personal data per CJEU C-604/22 (IAB Europe).
25.5 Setor AI does not trade in personal data enabling identification in data-protection-violating ways. Setor AI may provide anonymized or aggregated insights and statistics (Derivative Data) that do not enable identification of individuals or Client.
25.6 Client, as controller of end-user data, is responsible for valid legal basis and obtaining necessary consent before contacting its audience and deploying marketing/ad-tech tools.
26. Consumer Protection
26.1 The Service is designed and intended for business and professional use (B2B). By accepting these Terms, Client represents acting professionally or within business activity.
26.2 If Client qualifies as a consumer under applicable law (including Polish Consumer Rights Act) or as an individual entering a contract directly related to business activity but not professional in character, mandatory consumer protection law applies to the extent required by law, notwithstanding contrary Terms provisions. Unfair contract terms do not bind such clients.
26.3 If Client is a consumer under Polish or EU law, Client has a fourteen (14) calendar-day withdrawal right from the Effective Date without cause under the Polish Consumer Rights Act implementing Directive 2011/83/EU. To exercise this right, Client must inform Setor AI of withdrawal decision via clear statement (e.g., email to [email protected]). If Client agreed to Service provision during the withdrawal period and the Service was fully delivered, the withdrawal right may not apply.
26.4 Consumers may file complaints at [email protected]. Setor AI confirms receipt within five (5) business days and provides substantive response within thirty (30) calendar days.
26.5 Per Regulation (EU) No 524/2013, consumers in the EU may submit disputes via the online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Setor AI’s ODR email is [email protected].
26.6 For clients qualifying as consumers or quasi-consumers, price changes require: (a) at least thirty (30) days’ advance written notice; (b) clear information on current and new prices; and (c) explicit, active client acceptance before new pricing takes effect. Silence, inaction, or continued Service use does not constitute consumer price increase acceptance.
27. General Provisions
27.1 These Terms, the DPA (Annex A), the Subprocessor List (Section 7), applicable Order Forms, and incorporated documents constitute the complete Agreement regarding Service use.
27.2 Setor AI may modify these Terms by posting updates on its website and emailing Client. Changes take effect thirty (30) days after posting. Continued use by business clients constitutes acceptance. For consumer-qualifying clients, explicit acceptance of material changes is required (per Section 26.6). If Client does not accept modified Terms before they take effect, Client may terminate before that date, receiving a pro-rata refund of prepaid Fees.
27.3 If any provision is found invalid or unenforceable by a court, remaining provisions remain fully effective. Invalid provisions are narrowly modified to restore validity, preserving the parties’ original intent; if impossible, they are severed.
27.4 Failure or delay in exercising any right does not waive it. Waiver in one case does not waive the same or another right in another case.
27.5 Notices must be written and are deemed delivered: (a) upon sending if emailed to Client’s Account email or [email protected] for notices to Setor AI; or (b) within three (3) business days if sent by registered mail to the recipient’s office. Notices for court proceedings or Agreement termination must be sent via both email and registered mail.
27.6 The parties are independent contractors. No provision creates partnership, joint venture, agency, franchise, or employment relationship.
27.7 This Agreement creates no third-party rights except as expressly provided or required by law (including affected individuals’ rights under GDPR).
27.8 Section headings are informational only. If the Agreement is executed with an Order Form, it may be executed in counterparts, each deemed original.
28. Contact Information
SETOR AI Spółka z ograniczoną odpowiedzialnością
- Office Address: ul. Tomasza Zana 1, 20-601 Lublin, Poland
- KRS: 0001202220 (District Court for Lublin-Wschód in Lublin with seat in Świdnik)
- NIP: 7123502599 (EU VAT: PL7123502599)
- REGON: 543088690
- Contact (legal, privacy, security, complaints, support, compliance): [email protected]
- Data Protection Officer (DPO): contact via [email protected]
- Website: https://setor.ai
- Application: https://app.setor.ai
Annexes
Annex A – Data Processing Agreement (DPA). A separate document containing Article 28 GDPR data processing terms.
Annex B – Subprocessor List. Current list is in Section 7.6 of these Terms and available to clients via their Account panel. Contact: [email protected].
Effective Date: July 1, 2026 Version: 4.0
© 2026. All rights reserved.
This document is a template subject to final legal review before production deployment.
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