Terms of service

Chapter I. General Provisions

1. Definitions
2. Service Provider – Name: 4B Systems Sp. z o.o., address: ul. Ziemowita 17/1, 44-100 Gliwice, NIP: 575-188-70-93
3. Service – access to the CRM web application provided by the Service Provider under the terms of these Terms and Conditions, in accordance with the specification published on the Service Provider’s website.
4. Client – a private or corporate entity that registers the Service via the online form provided by the Service Provider, subscribes to the Service, and pays the Fee for access.
5. Application – CRM software installed on the Service Provider’s servers, accessible to the Client through a web browser, available after login using credentials at an address assigned to the User, enabling Service provision.
6. Account – an instance of the Application configured and made available to the Client, accessible at a unique internet address.
7. User – the Client or the Client’s employees using the Service, assigned to the Service Account.
8. Fee – remuneration paid in advance by the Client for the Service rendered during the monthly Billing Period according to the price list on the Service Provider’s website, payable via available methods (subscription card payment, bank transfer, BLIK).
9. Contact – contact details of an organization or individual entered into the Client’s Application with their consent.
10. User Limit – the maximum number of Users registered in the Service.
11. Contact Limit – the maximum number of Contacts added to the Application.
12. Funnel Limit – the maximum number of defined Contact filters in the Client’s Application.
13. Data Storage Limit – the maximum amount of data stored in the Client’s Application, expressed in megabytes (MB) and gigabytes (GB).
14. Module – a group of Application functionalities gathered in a thematic interface, performing assigned software tasks, optionally available in the Client’s Service.
15. Client Panel – a unique page accessible via login and password, provided for Clients to manage the Account and purchased Services.
16. Subscription Plan – defines the User Limit, Contact Limit, Funnel Limit, Data Storage Limit, additional services provided by Providers, additional Modules, and the Fee amount or lack thereof.
17. Billing Period – the period allowing access to the Service, starting from the Client’s payment for the service subscription for the time defined in the Subscription Plan.
18. Web Browser – software used to access the Service over the Internet.
19. Agreement – the agreement between the Service Provider and the Client for provision of the Service after payment of the Fee according to the Subscription Plan. These Terms and Conditions are an integral part of the Agreement.
20. Provider – an independent business entity providing additional services that the Client may use in the Application.
21. Service Lock – restriction of access to the Application for the Client’s Users.
22. Service Termination – complete removal of the Service along with all associated data.
23. These Terms and Conditions define the terms and conditions of the Client’s use of the Service.
24. By ordering the Service, the Client agrees to the provisions of these Terms and Conditions.
25. The Client agrees to receive commercial information regarding the Service Provider’s products and services. This consent may be withdrawn at any time by sending an email to [email protected].
26. The Service Provider reserves the right to amend the Terms and Conditions, with notification to Clients via electronic means.

Chapter II. Rights and Obligations of the Client

1. During Service registration, the Client is required to provide accurate organization data.
2. The Client must protect User access credentials to the Service.
3. The Client is entitled to technical support regarding configuration and implementation of the Service within their organization.

Chapter III. Rights and Obligations of the Service Provider

1. The Service Provider commits to delivering the Service with due diligence.
2. The Service Provider is not liable for issues related to Service availability or performance caused by:
3. malfunctioning of the Client’s Web Browser,
4. faulty Internet connection,
5. improper or unauthorized actions by third parties,
6. disruptions in services provided by third parties and Providers,
7. technical issues on the server side beyond the Service Provider’s control.
8. The Service Provider is not responsible for consequences arising from the Client’s disclosure of User passwords to third parties.
9. The Service Provider reserves the right to lock or terminate the Service in cases of:
10. the Client providing false data,
11. breach of any point of these Terms by the Client,
12. illegal use of the Account,
13. non-payment for access to the Service by the Client.
14. The Service Provider may terminate the Service if the Service Lock remains active for at least 30 consecutive days.
15. The Service Provider may update the Application (both frontend and backend) and reserves the right to temporarily disable access during such updates. Every effort will be made to perform updates at the least disruptive times.
16. The Service Provider may introduce new Service pricing, which will become effective upon publication of the new price list.

Chapter IV. Service Activation

1. To activate the Service, the prospective Client must complete the following activation procedure:
2. Fill out the registration form on the product website, providing their email address,
3. The Client will receive an activation link to the Client Panel via the provided email address,
4. The Client is required to fill in their organization’s details and set their own password for the Client Panel,
5. In the Client Panel, the Client may select the desired Service and activate it,
6. Service activation is completed by selecting the appropriate Subscription Plan, defining the payment card to be charged, and making the Fee payment (in the case of paid Subscription Plans),
7. The Client must provide Service parameters for activation.
8. The Client may use a Free Subscription Plan, which is not time-limited but includes low User Limits, Contact Limits, Funnel Limits, Data Storage Limits, and limited access to integrated Provider services.
9. The Free Subscription Plan constitutes a valid service provision. Under the Free Plan, the Client may enter personal data and documents into the Application.
10. Activation of any Subscription Plan is equivalent to concluding the Agreement.
11. In the case of a paid Subscription Plan, the Client pays the Fee via a payment card.
12. The Service Fee also includes additional services such as SMS and email usage, in accordance with the selected Subscription Plan.
13. The Client may cancel the current Subscription Plan through the Client Panel by withdrawing the subscription. The deactivation occurs after the paid period ends.
14. The Client has the right to change to a higher or lower Subscription Plan at any time during the Billing Period via the Client Panel. The change and its settlement will proceed as follows:
15. Downgrade to a cheaper or Free Subscription Plan – effective after the current Billing Period ends; the Client will not receive a refund for the paid Fee,
16. Upgrade to a more expensive Subscription Plan – effective immediately after payment. The Fee will be settled proportionally.
17. Termination of the Agreement is equivalent to Service Deactivation.
18. The Client may not request any refund of paid Fees in the event of Service Deactivation and Agreement termination.
19. The Client agrees to receive VAT invoices without the recipient’s signature.
20. The Client agrees to receive VAT invoices in electronic form via email.

Chapter V. External Provider Services

1. The Service Provider may provide Clients with third-party (Provider) services, such as:
2. messaging services: SMS, MMS, email
3. VoIP services
4. invoicing services
5. electronic signature services
6. The Service Provider enables third-party Provider services through integrations within the Application.
7. The Service Provider may act as an intermediary in delivering certain Provider services.
8. Use of some third-party services may require the Client to conclude separate agreements with the Provider. The Service Provider is not responsible for any consequences resulting from the lack of such agreements or lack of service provision.
9. The Service Provider is not liable for the quality of services provided by Providers.

Chapter VI. Google Services

Processing of Google user data related to integration with Google Ads and other Google services

1. Scope of access to Google Ads data

Our application may access Google user data linked to their Google Ads accounts, including:

• Information about ad campaigns, such as budgets, performance, and campaign settings.
• Data on ad groups, ads, and keywords.
• Analytics data regarding campaign performance.

2. Purposes of processing Google Ads data

The obtained Google Ads data will be processed exclusively for the purpose of:

• Displaying such data to users within their CRM account.
• Enabling ad campaign management directly within our CRM system.
• Generating reports and performance analytics for users.
• Technical support and monitoring the proper functioning of the integration.

3. Storage of Google Ads data

The data obtained from Google Ads will be stored only as long as necessary to fulfill the purposes mentioned above and in accordance with the user agreement. Users may request data deletion or disconnection of their Google Ads account at any time.

 

4. Data sharing

Data obtained from Google Ads will not be shared with any third parties unless required by law or with explicit user consent.

Google Ads data will not be shared with any AI/ML models.

5. Compliance with the Limited Use Policy

Google user data obtained through the Google Ads API will be used solely in accordance with the Limited Use Policy, which means:

• It will not be used to create ads, perform ad profiling, or carry out any other marketing activities beyond what is offered to the user within the functionality of our service.
• It will not be reviewed or analyzed by humans unless:

  1) The user consents to it.

  2) It is necessary for security purposes (e.g., abuse detection).

  3) It is legally required.

  4) It is essential for the operation of our application.

In-product privacy notifications

• When connecting a Google Ads account to our system, the user will see a clear notification about the scope of data obtained and the purposes of processing. This notice will include a link to this Privacy Policy.

Privacy Policy updates

If any changes occur in the way Google Ads data is processed or how our application integrates with the Google Ads API, this Privacy Policy will be promptly updated. Users will be notified in advance of any significant changes, and continued use of the integration will require acceptance of the new terms. No update of this Privacy Policy or the Terms of Service shall authorize the transfer of Google data to any AI/ML models.

Chapter VII. Complaints

1. The Client may submit a complaint by sending it to the following email address: [email protected].
2. The complaint will be reviewed by the Service Provider within 90 days, and the response will be sent to the Client’s email address.

 

Chapter VIII. Personal Data Protection and Processing

1. Within the Application and the Client’s Account, the Service Provider will process personal data for which it is the data controller within the meaning of applicable data protection regulations. In connection with the execution of this Agreement, the Service Provider may access such personal data.
2. In connection with the conclusion and execution of the Agreement, the Service Provider also processes personal data of the Service Provider or its employees, representatives involved in the execution of this Agreement.

Chapter IX. Data Processing Agreement and Information Obligation

Considering that the Service Provider (hereinafter also referred to as the Processor) will process personal data collected by the Client (hereinafter also referred to as the Data Controller) within the offered Services and the activated Application, the following agreement is concluded:

• 1 Declarations of the Parties

1. The Data Controller entrusts the Service Provider with processing personal data collected as part of the Service, which includes, among others: names and surnames, residential addresses, phone numbers, email addresses, tax ID numbers, company names, business addresses, document scans, contracts, and sensitive data.
2. The Service Provider declares that it has the means necessary to correctly process the personal data entrusted by the Data Controller, within the scope and purpose defined in this agreement.
3. The Service Provider agrees not to modify, delete, or use the entrusted personal data in any way other than for providing services to the Data Controller. Moreover, the Service Provider undertakes to maintain full confidentiality regarding the entrusted data.
4. The Service Provider also declares that persons involved in processing the entrusted personal data have been authorized to process such data and have been informed of data protection laws and liability for non-compliance. They have committed to adhering to these laws and maintaining permanent confidentiality of the processed data and its security measures.

• 2 Purpose, Scope, and Location of Data Processing

1. The Data Controller entrusts the Service Provider with processing the personal data referred to in § 1 section 1 of this agreement solely for the purpose of providing Services.
2. The Service Provider agrees to process the entrusted personal data exclusively for the purposes related to Service provision and only to the extent necessary to achieve those purposes.

 

• 3 Principles of Data Processing

1. The parties undertake to fulfill their obligations under this agreement with the highest professional diligence to ensure legal, organizational, and technical protection of the entrusted data.
2. The Service Provider agrees to implement appropriate technical and organizational measures to adequately protect the entrusted data, in particular against unauthorized access, theft, illegal processing, alteration, loss, damage, or destruction.
3. The Service Provider declares that the IT systems used to process the entrusted data comply with applicable legal requirements.
4. Considering the nature of the processing, the Processor will assist the Data Controller, to the extent possible, using appropriate technical and organizational measures, in responding to requests regarding the rights of data subjects.
5. The Processor is obligated to notify the Data Controller of any suspected or confirmed personal data breach within no more than 24 (twenty-four) hours of becoming aware of it. The notification must include the event circumstances, likely causes, and measures taken to minimize the negative effects—along with supporting documentation. The Processor must allow the Data Controller to participate in clarifying the incident, provide all necessary information, and take actions allowing the Data Controller to fulfill their notification obligations to the Data Protection Authority.
6. The Processor, considering the nature of processing and the information available to it, shall assist the Controller in fulfilling the obligations set out in Articles 32–36 of Regulation (EU) 2016/679 (GDPR).
7. Upon completion of services involving data processing, the Processor will delete all data and any copies thereof unless legal regulations require their retention.

• 4 Subprocessing

1. The Processor may entrust specific data processing operations to other subprocessors under a written agreement, subject to prior acceptance or no objection from the Data Controller. By signing this agreement, the Client accepts the following subprocessors:
2. LINK Mobility Poland Sp. z o.o. – for processing data in relation to the SMS messaging module,
3. Mailgun Technologies, Inc. – mailgun.com, for email delivery,
4. cyber_Folks S.A. – kei.pl, for server hosting.
5. Entrusting data processing to subprocessors not listed above requires prior notification to the Data Controller to allow for objection. The Data Controller may object, with justification, to a specific subprocessor. In case of such objection, the Processor must refrain from using the objected subprocessor. If the objection applies to a current subprocessor, the relationship with that subprocessor must be immediately terminated. Any doubts about the validity or consequences of the objection must be reported to the Data Controller in a timely manner to ensure continuity of processing.

• 5 Liability of the Parties

1. The Data Controller is responsible for complying with legal obligations regarding data protection as per Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
2. The above does not exempt the Processor from liability for processing the entrusted data contrary to the agreement.
3. The Processor is liable for damages caused by processing if it failed to fulfill its obligations under this agreement or acted beyond or against lawful instructions of the Data Controller.

• 6 Final Provisions

1. Any reference in this agreement to legal regulations includes any other relevant data protection laws and their amendments or successor acts introduced after this agreement is signed.
2. This data processing agreement is valid for the duration of the services provided to the Data Controller involving the processing of personal data.

Chapter X. Information Obligation

Personal Data Controller

The controller of personal data is 4B Systems Sp. z o.o., ul. Ziemowita 17/1, 44-100 Gliwice, NIP: 575-188-70-93, KRS: 0000520586, registration court: District Court in Częstochowa, XVII Commercial Division of the National Court Register, share capital: PLN 5,000.00, e-mail: [email protected].

Scope of Data Processing

We process the following personal data:

• Client data,
• Data provided to us in connection with the execution of the agreement, such as user data for account creation,
• Other data provided in connection with the agreement execution.

Purposes and Legal Basis of Processing

Data is processed for the following purposes and on the following legal bases:

• Conclusion and performance of the agreement (Article 6(1)(b) GDPR),
• Issuing invoices, maintaining and storing accounting documentation, which constitutes fulfillment of legal obligations imposed on us as a business entity (Article 6(1)(c) GDPR),
• Establishing, pursuing or defending claims, which is our legitimate interest (Article 6(1)(f) GDPR).

Data Recipients

Personal data may be processed by the following entities:

1. Hosting providers – for data storage on the server,
2. Cloud software providers – for use of software processing personal data, e.g., invoicing systems,
3. Accounting firms – for bookkeeping purposes involving personal data in accounting documents,
4. Legal firms – for establishing, pursuing, or defending claims,
5. Other subcontractors who may gain access to personal data in connection with service delivery for us.

All entities involved in personal data processing ensure an appropriate level of data protection.

Data Retention Period

Personal data will be stored until the statute of limitations for claims arising from the concluded agreement expires.

Rights Related to Data Processing

You have the following rights regarding personal data processing:

• Right to access data and receive a copy,
• Right to rectification (correction) of data,
• Right to deletion of data (if you believe we have no basis to process your data),
• Right to restrict processing (you may request that we store your data or take specific actions if you believe it is inaccurate or unlawfully processed),
• Right to object to data processing (you may object to data processed based on our legitimate interest; you should explain your specific situation that justifies ceasing the processing. We will stop unless we demonstrate compelling legitimate grounds or need the data for legal claims),
• Right to withdraw consent if the data processing is based on consent,
• Right to data portability (you may request to receive data in a structured, commonly used format and request direct transfer to another entity),
• Right to lodge a complaint with a supervisory authority (if you believe the data is processed unlawfully, you may file a complaint with the President of the Personal Data Protection Office or another competent supervisory authority).

 

To exercise your rights, please send your request to [email protected]. Please note that we may need to verify your identity before fulfilling your request.

 

Information on Requirement / Voluntariness of Data Provision

Providing data is a condition for using our services.

 

Data Security and Protection

We take the security of your personal data seriously and implement industry-standard data protection measures:

• We use encryption protocols (such as HTTPS and TLS) to protect data during transmission,
• Only authorized personnel have access to user data, governed by strict access controls,
• We use firewalls and other technical safeguards to prevent unauthorized access,
• All sensitive data, including data obtained via Google APIs (e.g., Google Ads), is securely stored and protected against unauthorized access, alteration, or disclosure,
• We do not share your personal data with third parties without your consent, unless required by law or stated in this policy.

 

Chapter XI. Final Provisions

1. These Terms and Conditions come into effect on the date of publication on the Service Provider’s website.
2. The ownership and copyright to the Application and Service remain the exclusive property of the Service Provider.
3. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and applicable law shall apply.