KIS List Terms of Service

§1. General provisions and definitions

1. These Terms set out the rules for using the KIS List platform available at kislist.com and the related applications, as well as the rules for concluding and terminating agreements for the provision of services by electronic means. The Terms are available on the Platform free of charge before the Agreement is concluded and can be saved and printed.

2. The service provider is KIS List sp. z o.o., with its registered office in Warsaw, ul. Zielone Zacisze 1/254, 03-294 Warszawa, KRS 0001208890, NIP 5243057557, REGON 543410134 (hereinafter: the Operator). Contact: pomoc@kislist.com (general matters and complaints) and info@kislist.com (personal data matters).

3. The terms used in these Terms have the following meanings:

• Platform - the kislist.com website together with the KIS List application, the KISer plug-in and the KISer mobile apps;
• Service - the features of the Platform made available to the User under the Agreement;
• User - a natural person, legal person or organisational unit that creates an Account and uses the Service, usually an interior designer or a design studio;
• Account - a separate part of the Platform assigned to the User and protected by a login and password;
• Plan - the selected scope of the Service: START, PRO or EXPERT, with any add-ons, billed monthly (Monthly Plan) or annually (Annual Plan);
• Price List - the list of Plans, add-ons and prices published on the Platform, showing the date of its last update;
• Agreement - the agreement for the use of the Platform concluded between the Operator and the User, including the agreement for the trial period and the paid agreement;
• User's Client - a person for whom the User runs a project and with whom the User shares materials or a questionnaire;
• User Content - data, files, photos, comments and other materials entered into the Platform by the User or the User's Clients.

4. These Terms are addressed primarily to businesses. Consumers, and sole traders for whom the Agreement is not of a professional nature, are additionally covered by § 13.

§2. Scope of services

1. The Operator provides a tool for running interior design projects, in particular:

• KIS List - an application with an account, projects, shopping lists and cost estimates, a schedule, tasks, notes, files and messages, including team collaboration;
• KISer - a browser plug-in for computers and mobile apps for Android and iOS that save products from the internet to lists;
• client panel - an online view shared with the User's Client via an individual link, without creating an account, with lists, proposals for approval, files and comments;
• KISjum - an AI environment in which KISjusz and KISaya operate (the AI Features described in § 7).

2. The scope of the Service depends on the selected Plan. The Price List describes the Plans and add-ons. Descriptions of features in information materials are general in nature; the scope resulting from the Plan is binding.

3. The Operator does not sell the products saved on lists. Information about products, prices and availability comes from the websites of shops and manufacturers, and the User checks it before using it in a cost estimate.

4. KISer reads the product data from the page the User is on (for example the name, price, photo and link) and lets the User correct it before saving. The latest version may also suggest a product category using AI; for this suggestion, the product name and description may be sent to an external AI service provider. The User checks the saved data.

5. The User's Client is not a party to the Agreement. The User's Client uses the materials and questionnaires shared by the User, and the User is responsible for the project, the arrangements made and communication with the Client.

6. The Operator grants the User a non-exclusive, non-transferable licence to use the Platform to the extent resulting from the Plan, for the term of the Agreement.

7. The Operator may use subcontractors to provide the Service and is liable for them as for its own acts.

§3. Technical requirements and the Account

1. The following are required to use the Platform: a device with internet access, an up-to-date browser with JavaScript and essential cookies enabled, and an active e-mail address. The KISer plug-in works on computers; the Operator lists the supported browsers on the Platform. The mobile apps require a current version of Android or iOS.

2. An Account is created via the registration form on the Platform. By registering, the User confirms that they have read and accept the Terms, and provides true data. A person registering a company should be authorised to represent it.

3. The User protects their login details, does not share them with third parties and changes the password if they suspect that someone else has learned it. An Account is assigned to one person.

4. A Plan may include several seats. The Plan owner invites team members, sets their permissions and is responsible for their use of the Platform. Each person using the Platform needs their own seat. Use of one Account by several people breaches the Terms.

5. The User uses the Platform in accordance with the law and the Terms. In particular, it is prohibited to disrupt the operation of the Platform, circumvent security measures or Plan limits, download data from the Platform using automated tools in a way that puts a load on the systems, copy or reproduce the software, or share the Account with other people, including team members.

6. After registration, the Operator sends the User e-mails with tips on how to use the Platform and invitations to free training sessions and webinars on using it. The User may opt out of them at any time by clicking the link in the message. The Operator always sends messages about the Service itself, such as invoices, outages or changes to the Terms.

§4. Trial period and paid Agreement

1. A new User may use a free 14-day trial period without providing a payment card. The agreement for the trial period is concluded when the Account is created, is free of charge and does not oblige the User to purchase a Plan. A limited test AI budget is available during the trial period.

2. The paid Agreement is concluded separately. It is concluded when the User selects a Plan and confirms an order with an obligation to pay; the Plan is activated once the payment has been credited. Registration alone does not conclude a paid Agreement and does not require payment.

3. After the trial period ends, using the paid scope of the Service requires selecting and paying for a Plan. If the User does not pay for a Plan, the Account and the data saved in it remain on the Platform, but the Account is inactive until the Plan is paid for. To delete the Account, the User writes to pomoc@kislist.com. The Operator may delete an Account that has been inactive for a long time; it will notify the User of this by e-mail in advance.

4. A Plan can be purchased at any time during the trial period; unused trial days are not lost. The User may also cancel the trial period at any time and request deletion of the Account by writing to pomoc@kislist.com.

§5. Plans, prices and payments

1. The Plans, add-ons, length of billing periods (monthly or annual) and prices are set out in the Price List. The Price List is not part of the Terms; an order is governed by the Price List in the version in force on the date of purchase.

2. Prices in the Price List are net prices. The Operator adds VAT at the applicable rate.

3. Payments are accepted by an external payment operator, in particular Stripe and Przelewy24. The available payment methods are shown when placing an order.

4. The Operator issues invoices automatically in electronic form and sends them to the User's e-mail address. The User provides the invoicing details no later than at the time of payment.

5. The User pays the Price List price in force on the date of purchase. The Operator may change the prices in the Price List. A change does not affect a billing period that has already been paid. The Operator announces new prices by e-mail or by a message in the Service at least 14 days before they take effect; from that date they apply to subsequent renewals. A User who does not accept the new price may turn off renewal (§ 6(1)) before the renewal.

6. The KISjum add-on can be purchased together with a Plan or later for an active Plan. If it is purchased during a billing period, the Operator charges a fee for the remaining period of the Plan; the Price List sets out the rounding rules and dates. KISjum is billed in a single payment together with the Plan.

7. Promotions and discounts are subject to separate rules, which the Operator provides with each campaign, including the conditions and period of validity.

§6. Renewal, change of Plan and cancellation

1. When paying by card, the Plan renews automatically for a further billing period of the same length. The renewal option is selected by default; the User may deselect it at purchase or turn it off at any time. Renewal includes the KISjum add-on if it was purchased and has not been turned off. Once renewal is turned off, the Plan remains active until the end of the paid period.

2. Before an Annual Plan renews, the Operator may send a reminder by e-mail. The User remains responsible for checking whether they wish to continue the Plan and for keeping their payment details up to date.

3. A change to a higher Plan takes effect when the change is confirmed. The Operator deducts the unused amount for the current Plan from the price of the new Plan. The Operator shows what happens to the AI budget before the change is confirmed. A change to a lower Plan takes effect at the end of the current billing period. A lower Plan may limit the available features and the amount of content, so it is advisable to export lists to PDF or Excel before the change.

4. If a renewal payment fails, the Operator may retry it. If the fee is not paid, the paid Agreement expires at the end of the paid period and access to the paid scope of the Service ends.

§7. AI Features and KISjum

1. KISjum is an AI environment available as an add-on to an active START, PRO or EXPERT Plan. It hosts KISjusz, an AI assistant that conducts a questionnaire with the User's Client in the form of a conversation, and KISaya, an AI assistant that turns visualisations uploaded by the User into more realistic images of interiors (together: the AI Features). Both tools use one shared AI budget.

2. AI budget consumption depends on how the AI Features are used, for example on the number of images, the length of the conversation and the number of questions; the Operator may provide indicative consumption values. Prices are set out in the Price List. The AI budget works according to the following rules:

• in the Annual Plan, the budget is granted once for the entire period;
• in the Monthly Plan, the budget renews every month, and any unused part does not carry over to the next month;
• a bonus AI budget can be purchased, and any unused part of it carries over to subsequent periods;
• the rules for using the AI budget within a team and for purchasing more of it are set out in the Price List or the Plan settings;
• when the Plan expires or the AI budget is used up, the AI Features stop working and KISjusz questionnaires are not available to the User's Clients.

3. The outputs of the AI Features are supportive in nature and may contain errors, omissions or unintended elements. The User checks them before passing them to the Client or using them and is responsible for how they use them. The User uses the materials they upload, such as visualisations, textures and photos, at their own risk. The User does not upload photos showing people unless this is necessary.

4. To operate the AI Features, the Operator uses external AI service providers (language and image models). Questionnaire answers, prompts and images are sent to them in order to perform the feature. The Operator does not use content entered into the AI Features to train AI models. Details are set out in the Privacy Policy.

5. From the start of the conversation, KISjusz informs the other party that they are using an AI assistant. The User does not hide or disable this notice and does not present KISjusz as a human. The User is responsible for the legal basis for processing and for providing information to their Clients (see § 8(1) and § 9(11)), and avoids collecting particularly sensitive data, such as health data, in questionnaire questions unless it is necessary.

6. Images from KISaya may contain a technical marking indicating that they were created using AI. The User does not remove it and is solely responsible for how they publish such images, including compliance with the rules on labelling AI content.

7. The Operator does not claim any rights to the outputs of the AI Features. It does not guarantee that an output is protected by copyright or that it does not infringe the rights of third parties.

§8. User Content and links shared without logging in

1. User Content remains the property of the User or of the User's Clients. The User is responsible for its lawfulness and for having the right to enter it into the Platform, including the legal basis for processing their Clients' data, that is, the reason they are allowed to use it.

2. The User grants the Operator a non-exclusive, free-of-charge licence to use User Content for the term of the Agreement and for archiving data after it ends (§ 10(5)), solely to the extent technically necessary to provide the Service: storage, making technical copies, displaying it to persons designated by the User and running the AI Features the User selects. The licence includes the right to use subcontractors and does not cover marketing purposes.

3. Comments, decisions and files that the User's Client adds in the client panel or in a proposal are User Content, and the User is responsible for how they are used. The Platform, the names KIS List, KISer, KISjusz, KISaya and KISjum, and the Operator's software and databases remain the property of the Operator or its licensors; the Terms do not transfer these rights, except for the licence under § 2(6).

4. It is prohibited to enter content that is unlawful, infringes the rights of third parties or contains malware. The Operator may remove or block such content after receiving a notice or on the basis of its own findings and, where possible, informs the User of this.

5. Some materials, such as the client panel, a list preview, a proposal or a file, are shared via a link that works without logging in. Anyone who knows such a link can open the material. A link that is forwarded or published in a publicly accessible place may reach other people, and the content may be visible to search engines. The User chooses what to share and with whom, and does not publish links in public places. The User also decides which elements are visible to the recipient, for example prices, links to shops or comments.

§9. Personal data

1. The Operator is the controller of the Users' personal data, which it processes for the purposes of the Account, billing and contact. The rules are set out in the Privacy Policy available at kislist.com/en/privacy-policy.

2. The Operator processes the personal data of the User's Clients and other persons that the User enters into the Platform (hereinafter: the Data) on behalf of the User as a processor, and the User is their controller. If the User itself processes the Data on the instructions of its own client, the Operator is a sub-processor, and the User ensures that the client consents to this. Paragraphs 2-10 constitute a data processing agreement within the meaning of Article 28 GDPR.

3. The Operator processes the Data solely to provide the Service, for the period during which it is provided and until the Data is deleted. This includes, among other things, contact details, project information, messages, questionnaire answers and files (including those showing a person's image) of Clients, contractors and other persons working with the User. The Platform is not intended for special categories of data, such as health data.

4. The Operator processes the Data only on the User's instructions. The Terms and the User's actions on the Platform constitute instructions. The Operator does not use the Data for its own purposes and, if it considers that an instruction infringes the law, it informs the User of this.

5. Only authorised persons who are bound by confidentiality have access to the Data. The Operator applies security measures appropriate to the risk, including an encrypted connection, password encryption and access control.

6. The User agrees that the Operator may use sub-processors, such as hosting and AI service providers, which are obliged to protect the Data to the same standard. The Operator makes the list of these entities available on request and updates it before any change. Not every entity is relevant to every User; this depends on the features they use. The User may object to a new entity on justified data protection grounds and, if the parties do not reach agreement, terminate the Agreement. Transfers of Data outside the EEA are described in the Privacy Policy.

7. The Operator assists the User, to a reasonable extent, in responding to requests from the persons to whom the Data relates and in fulfilling the obligations under Articles 32-36 GDPR. It forwards to the User any request received directly from such a person.

8. The Operator notifies the User of a Data protection breach without undue delay at the e-mail address assigned to the Account, providing the information it has at the time of notification and supplementing it later.

9. At the User's request, the Operator provides the information needed to verify that it complies with this Section. An audit is possible on a date agreed in advance, no more than once a year and at the User's expense.

10. After the Agreement ends, the User may export the Data and request its deletion (§ 10). The Operator retains Data only where required by law. The User is responsible for having a legal basis for processing the Data and for entrusting it to the Operator.

11. The User provides information, in accordance with the law, to the persons whose data they themselves enter into projects, including their Clients. The Operator informs team members about the processing of their data in connection with the Account in accordance with the Privacy Policy, and assists the User by including a notice about the AI assistant in the KISjusz questionnaire (see § 7(5)).

12. The User reports to the Operator without undue delay any suspected data protection breach of which they become aware in connection with the Platform, for example unauthorised access to the Account.

§10. Termination of the Agreement, data export and deletion

1. The User may stop using the Service at any time. In a paid Agreement, termination takes effect at the end of the paid billing period, unless the Terms or the law provide otherwise.

2. The Operator may terminate a paid Agreement with 30 days' notice. In that case, the Operator refunds a proportionate part of the fee for the unused period. The Operator may terminate the Agreement with immediate effect, notifying the User by e-mail, where the User materially breaches the Terms or the law, for example by entering unlawful content.

3. Where there is a reasonable suspicion of a breach of the Terms or the law, or a threat to the security of the Platform, the Operator may suspend access to the Account or part of it for the time necessary to clarify the matter. The Operator informs the User of the suspension and its reason, unless the law or security considerations prevent this.

4. Lists and cost estimates can be exported to PDF or Excel at any time.

5. Data export is available for the duration of the Plan, within the scope of the export functions in the application (e.g. lists and cost estimates). After the Agreement ends, the Account is blocked and the data remains archived. The User may resume the Plan and regain access to the data.

6. The Operator may delete data from an Account that has been blocked for a long time; it will notify the User of this by e-mail in advance. The User may also request deletion of the Account and data at any time by writing to pomoc@kislist.com. The Operator retains data it is required to keep by law, for example billing data. Backups are deleted in line with their cycle.

§11. Availability and liability

1. The Operator makes efforts to ensure that the Platform works properly but does not guarantee a specific level of availability. Where possible, it announces maintenance work in advance; while such work is in progress, the Service may be temporarily unavailable.

2. In relation to Users who are businesses, the Operator's liability is limited to the amount of the net fees paid by the User concerned in the last 12 months. The Operator is not liable for lost profits. These limitations do not apply to damage caused intentionally or through gross negligence.

3. The Operator is not responsible for content and data originating from Users, shops and manufacturers. Nor is it liable for non-performance or improper performance of the Agreement caused by force majeure, a network failure or the operation of external services independent of the Operator, such as shop websites or the payment operator, if it could not have prevented this by exercising due diligence.

4. Paragraphs 2 and 3 do not limit liability that cannot be excluded or limited by law.

§12. Complaints and notices

1. A complaint about the Service may be submitted at any time to pomoc@kislist.com. It should include the e-mail address linked to the Account and a description of the problem. If information is missing, the Operator asks for it to be supplied. The Operator responds within 14 days of receiving the complaint, stating how it has been dealt with. In relation to businesses, the absence of a response within this time limit does not mean that the complaint has been accepted.

2. Content that someone considers illegal can be reported to pomoc@kislist.com, giving the link and a brief justification. The Operator informs the person reporting and the User of its decision and, if it removes or blocks the content, gives the reason.

3. The same address is the point of contact for matters under the digital services rules (DSA).

4. When switching to another service, the User transfers their data themselves, using the export functions in the application.

§13. Consumers and sole traders

This Section applies to persons using the Platform as consumers and to sole traders where the Agreement is not of a professional nature for them (hereinafter: Consumers).

1. Consumers have rights that cannot be excluded. No provision of the Terms limits them, and the liability cap in § 11(2) does not apply to them. The Operator shows the Consumer the price including VAT before the order is placed.

2. A Consumer may withdraw from a paid Agreement without giving a reason within 14 days of purchasing the Plan by writing to pomoc@kislist.com. After this period, the right of withdrawal expires. If, at purchase, the Consumer requested that the Service start immediately, the Operator refunds only the part of the price for the unused period; the Consumer pays for the period of use and the AI budget consumed.

3. Consumers may use out-of-court complaint and redress procedures, for example the assistance of a consumer ombudsman. Disputes with Consumers are subject to the general rules on court jurisdiction.

§14. Changes to the Terms and final provisions

1. The Operator may amend the Terms for a valid reason, such as a change in the law, a court ruling, development of the Service, or technical or security reasons. The Operator informs the Account owner of an amendment by e-mail at least 14 days before it takes effect, and of an amendment unfavourable to the User at least 30 days before that date. Amendments required by law may take effect within the time limit specified by that law.

2. A User who does not accept an amendment may terminate the Agreement before the date on which it takes effect, with effect on that date. The previous version applies until that date. If the User does not terminate the Agreement, they are bound by the new version, subject to the rights of Consumers.

3. The Operator sends information relating to the Agreement to the e-mail address assigned to the Account, so the User keeps it up to date.

4. The User may not transfer the rights and obligations under the Agreement to a third party without the Operator's consent.

5. Matters not regulated herein are governed by Polish law. Disputes with businesses are resolved by the court having jurisdiction over the Operator's registered office.

6. If any provision proves to be invalid or non-binding, the remaining provisions remain in force.

7. The Terms are drawn up in Polish and that version is binding. Translations, including the English one, are auxiliary; in the event of any discrepancy, the Polish version prevails.

8. The following form an integral part of the Agreement: the Terms and, as regards purchases, the Price List. The Privacy Policy is for information purposes.