Terms of Service

Introduction

These Service Terms (“Agreement”) govern the use of the Agile Cashflow cashflow planning platform (the “Service”) provided by AgileVision Sp. z o.o., Dolnych Mlynow 3/1, 31-124 Krakow, Poland, KRS 0000605639, NIP 6793124041 (“Provider”). By creating an account, signing in to the Service, or purchasing a subscription, the customer (“Customer”) agrees to be bound by the terms of this Agreement. These Service Terms should be read together with:

• The Data Processing Agreement
• The Privacy Policy
• The Refund Policy

1. Definitions

Capitalised terms have the meanings described in this Section or the body of the Agreement.

“Agreement” means these Service Terms, together with any amendments and the documents referenced above.

“Authorised Users” means employees or contractors of Customer who are authorised by Customer to use the Service on Customer’s behalf as editors or viewers, up to the limits of Customer’s chosen plan.

“Service” means the Agile Cashflow platform, including the web application, document processing, projections, reports, integrations, and exports made available to Customer under this Agreement.

“Customer Data” means all data, files, and information submitted to or processed by the Service on Customer’s behalf, including organizations, plans, documents, transactions, cash accounts, projections, team membership, and any personal data therein.

“Data Protection Legislation” means the General Data Protection Regulation (EU) 2016/679 (GDPR), the Polish Act on Personal Data Protection, and any other applicable EU or national data protection legislation.

“Effective Date” means the date Customer first signs in to the Service or purchases a subscription, whichever is earlier.

“Paddle” means Paddle.com Market Limited and its affiliates, Provider’s online reseller and Merchant of Record for all purchases of the Service.

“Refund Policy” means the refund policy published at agilecashflow.com/legal/refund, as updated from time to time.

“Subscription Fee” means the recurring monthly or annual fee for access to a paid plan of the Service, together with any add-ons Customer purchases (such as additional editors, storage, or data capture packs), at the rates published at agilecashflow.com/pricing.

“Subscription Term” means the period during which Customer is entitled to use the Service: for a paid plan, the monthly or annual billing period Customer has chosen, as renewed under Section 11.1; for the free plan, for as long as Customer keeps its account.

“System Availability” means the percentage of minutes in a calendar month during which the key components of the Service are operational and accessible.

2. The service

2.1 Service access

Provider grants Customer and its Authorised Users a non-exclusive, non-sublicensable, non-assignable, limited right to access and use the Service during the Subscription Term, solely for Customer’s own internal business purposes. Customer’s use of the Service is subject to the Data Processing Agreement published by Provider.

2.2 Nature of service

The Service is a hosted SaaS application operated on Provider’s infrastructure. No software is installed on Customer’s servers or devices. Customer accesses the Service through a web browser. Authentication is available through an email address and password or through Google sign-in.

2.3 IP ownership

Provider retains all right, title, and interest in and to the Service, including all source code, designs, documentation, modifications, improvements, and derivative works. Nothing in this Agreement transfers ownership of any intellectual property to Customer.

2.4 General know-how and residuals

The Parties acknowledge that Provider is in the business of providing software services to multiple customers. Provider retains the right to use any general knowledge, skills, experience, ideas, concepts, techniques, and know-how acquired or developed in the course of operating the Service, provided that Provider does not disclose Customer’s Confidential Information in doing so.

2.5 Customer data ownership

Notwithstanding Section 2.3, Customer retains full ownership of all Customer Data processed through the Service. Provider’s rights in Customer Data are limited strictly to those necessary to provide the Service as described in this Agreement and the Data Processing Agreement. Provider acquires no ownership interest in Customer Data under any circumstances.

2.6 Service changes

Provider may make changes to the Service that it deems necessary to maintain or enhance service quality, security, or compliance, provided that such changes do not materially reduce the core functionality of the Service. Provider will notify Customer of material changes with reasonable prior notice.

2.7 Aggregated data

Provider may compile aggregated, anonymised statistical data about Service performance for the purposes of improving the Service. Such data will not identify Customer or Customer Data.

2.8 Feedback

Any feedback, suggestions, or ideas provided by Customer regarding the Service may be freely used by Provider to improve the Service without restriction, obligation, or compensation to Customer. Such feedback shall not be considered Customer’s Confidential Information.

2.9 Automated extraction and projections

The Service uses optical character recognition and AI models to read documents Customer uploads and to suggest data, matches, and plans. Extracted data and suggestions may contain errors, and Customer is responsible for reviewing them before relying on them. Cashflow projections are estimates based on the data Customer records. The Service is a planning tool: it does not provide accounting, tax, legal, or financial advice, and it does not replace Customer’s accounting system or professional advisers.

2.10 Third-party integrations

Customer may connect third-party services, such as accounting systems, CRMs, mailboxes, file stores, and messaging tools, to the Service. Customer’s use of those services is governed by Customer’s agreements with their providers. Provider exchanges data with a connected service only as Customer authorises through the connection, and is not responsible for the availability, accuracy, or security of third-party services. A connected service may change or withdraw its interface, which may affect the integration.

3. Fees and payment

3.1 Plans and subscription fee

The Service includes a free plan with the document, data capture, storage, and user limits published at agilecashflow.com/pricing, subject to the eligibility rules in Section 3.6. Paid plans and add-ons are charged at the rates published on that page at the time of purchase. Customer may choose monthly or annual billing when it purchases a paid plan and may switch billing cycle at the next renewal. The Subscription Fee is charged in advance at the start of each billing cycle.

3.2 Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries related to payments and handles returns. When Customer purchases a subscription, Customer buys it from Paddle under the Paddle Checkout Buyer Terms, which govern payment, invoicing, and chargebacks. Customer may request a refund in accordance with the Refund Policy, and refunds are processed by Paddle. Provider remains responsible for providing the Service under this Agreement.

3.3 Plan changes and add-ons

Customer may upgrade its plan, add or remove editors, and purchase storage or data capture packs at any time. Upgrades and additions take effect immediately and are billed by Paddle as shown at checkout or in Customer’s billing settings. Downgrades and removals take effect at the end of the current billing cycle. Unused data capture allowances and add-ons do not carry over into another plan. Refunds for plan payments and add-ons are available as described in the Refund Policy.

3.4 Suspension for non-payment

If any amount due under this Agreement remains unpaid for more than 14 calendar days after the due date, Provider may suspend Customer’s access to paid features of the Service upon written notice. Suspension does not relieve Customer of the obligation to pay outstanding amounts. Service will be reinstated within 2 business days of receipt of full payment.

3.5 Taxes

Prices published by Provider exclude applicable taxes. As Merchant of Record, Paddle calculates, collects, and remits sales tax, VAT, and similar taxes on each purchase, and adds them to the amount charged where required by law.

3.6 Free plan eligibility and anti-circumvention

The free plan is limited to one (1) workspace per Customer, where “Customer” means a single legal entity (including its parents, subsidiaries, and affiliates under common control) or a single individual. Creating, operating, or controlling multiple workspaces, whether under different email addresses, brand names, sibling entities, or other identities, for the purpose of extending the free plan limits or avoiding Subscription Fees is a material breach of these Terms.

Provider reserves the right, in its reasonable judgment, to merge, suspend, or terminate workspaces that appear to circumvent the free plan limits, and to require Customer to purchase the paid plan that should have applied. Provider will give Customer written notice and a reasonable opportunity to cure before terminating a workspace under this Section, except in cases of clear and repeated abuse.

3.7 Fair use

Plan features described as unlimited are subject to the fair use policy published on the pricing page. The Service is intended for financial documents and records of the businesses in Customer’s workspace, not as general file storage. If Customer’s use exceeds the fair use policy, Provider will contact Customer before taking action and may limit uploads or offer a custom plan. Provider will not delete Customer Data under this Section without notice.

4. Support and maintenance

4.1 Support services

Provider shall provide reasonable technical support via email at support@agilecashflow.com during Provider’s regular business hours (Monday–Friday, 09:00–17:00 CET/CEST, excluding Polish public holidays). Provider targets initial response within 1 business day for standard issues and 4 hours for critical issues causing complete service outage. Questions about payments, invoices, and refunds are handled by Paddle at paddle.net; Customer may also contact support@agilecashflow.com and Provider will help arrange a refund under the Refund Policy.

4.2 Monitoring and maintenance

Provider shall continuously monitor the Service to maintain performance and availability. Maintenance includes proactive identification and resolution of errors, security patching, and infrastructure updates.

4.3 System availability

Provider shall maintain System Availability of at least 99%, measured monthly. Excluded from availability calculations: scheduled maintenance windows (communicated at least 48 hours in advance), outages caused by third-party systems or services that the Service depends on, and force majeure events.

5. Customer data

5.1 Use of customer data

Provider shall access and use Customer Data solely to provide and maintain the Service under this Agreement. Provider shall not disclose Customer Data to third parties except as directed by Customer through the Service, as required by applicable law, or as permitted under the Data Processing Agreement. Provider shall not use Customer Data to train AI models.

5.2 Security

Provider shall implement and maintain appropriate technical and organisational measures to protect Customer Data against unauthorised access, use, alteration, or disclosure, consistent with industry standards for hosted SaaS services.

5.3 Data processing agreement

The Parties shall process personal data in accordance with the Data Processing Agreement. In case of conflict between this Section 5 and the Data Processing Agreement, the Data Processing Agreement shall prevail with respect to personal data.

5.4 Data location

Customer Data is hosted in the European Economic Area, in the Amazon Web Services eu-central-1 region (Frankfurt, Germany), as described in the Data Processing Agreement.

5.5 Data return and deletion

Customer may export Customer Data at any time during the Subscription Term using the CSV export and file download tools built into the Service. Upon termination or expiry of this Agreement, and upon Customer’s written request, Provider shall make Customer Data available to Customer in CSV format, together with the original uploaded files, within 30 calendar days. Provider shall thereafter delete Customer Data from its systems within 60 days, unless retention is required by applicable law.

6. Confidentiality

6.1 Definition

“Confidential Information” means any non-public business, technical, or financial information disclosed by one Party (the “Disclosing Party”) to the other (the “Receiving Party”) in connection with this Agreement, whether disclosed in writing, orally, or by any other means, and whether or not marked as confidential. Customer Data is Customer’s Confidential Information.

6.2 Exclusions

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was already known to the Receiving Party at the time of disclosure; (iii) is independently developed by the Receiving Party without use of Confidential Information; or (iv) is received from a third party without restriction.

6.3 Obligations

The Receiving Party agrees to: (i) protect Confidential Information with the same degree of care it uses for its own confidential information, but no less than reasonable care; (ii) use Confidential Information only for purposes of performing its obligations or exercising its rights under this Agreement; and (iii) disclose Confidential Information only to employees or contractors who need to know it and are bound by confidentiality obligations no less protective than this Agreement.

6.4 Compelled disclosure

The Receiving Party may disclose Confidential Information to the extent required by law or court order, provided it gives the Disclosing Party prompt prior written notice (where permitted) and reasonably cooperates with any effort to seek a protective order.

6.5 Irreparable harm

Each Party acknowledges that breach of this Section may cause irreparable harm for which monetary damages would be inadequate, and that the Disclosing Party shall be entitled to seek injunctive or other equitable relief without the requirement to post a bond.

7. Restrictions

7.1 Customer restrictions

Customer shall not, directly or indirectly:

• reverse engineer, decompile, disassemble, or attempt to derive source code or algorithms from the Service;
• rent, lease, sell, sublicense, assign, distribute, or otherwise make the Service available to any third party;
• use the Service for the benefit of any third party other than Customer’s Authorised Users acting on Customer’s behalf;
• modify, adapt, or create derivative works of the Service;
• probe, scan, or test the vulnerability of the Service’s infrastructure;
• take any action that imposes an unreasonable load on the Service’s servers or networks, including bulk uploads with automated tools outside the supported integrations;
• upload or transmit malicious code, viruses, or disruptive files;
• upload content Customer has no right to process, or content unrelated to Customer’s financial records;
• access or attempt to access another customer’s data through the Service;
• use the Service in violation of any applicable law or regulation.

7.2 Scope of licence

The licence granted under Section 2.1 is specific to Customer’s own business operations. A single workspace may hold the organizations and records of Customer and its affiliates, provided their users are counted against the plan’s editor and viewer limits. Accounting firms, bookkeepers, and others who manage the finances of unrelated businesses require a custom plan agreed with Provider.

7.3 Customer responsibilities

Customer is responsible for:

• maintaining the security of the passwords, Google accounts, and email inboxes used by Authorised Users to sign in to the Service;
• assigning roles and permissions to Authorised Users appropriately;
• ensuring Authorised Users comply with this Agreement;
• the accuracy of the plans, documents, transactions, and other Customer Data recorded in the Service, and of any decisions made using them.

8. Representations and warranties

8.1 Mutual representations

Each Party represents and warrants that:

• it is duly incorporated and validly existing under the laws of its jurisdiction;
• it has full authority and capacity to enter into and perform this Agreement;
• this Agreement constitutes a legal, valid, and binding obligation, enforceable according to its terms;
• it is not under any restriction or obligation that would adversely affect its performance under this Agreement;
• there are no pending or threatened legal proceedings that would affect its ability to perform its obligations.

8.2 Provider warranties

Provider warrants that:

• it owns or has sufficient rights to provide the Service and to grant the rights described in this Agreement;
• it shall use reasonable efforts consistent with prevailing industry standards to maintain the Service in a professional and workmanlike manner.

8.3 Warranty disclaimer

EXCEPT AS EXPRESSLY SET OUT IN SECTION 8.2, THE SERVICE IS PROVIDED “AS IS”. PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DATA EXTRACTED FROM DOCUMENTS OR PROJECTIONS WILL BE ACCURATE, OR THAT THE SERVICE WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS BEYOND THOSE DESCRIBED IN THIS AGREEMENT.

9. Indemnification

9.1 Indemnification by provider

Provider shall defend, indemnify, and hold harmless Customer from and against any third-party claim alleging that the Service, as provided under this Agreement, infringes a third party’s intellectual property rights, and shall pay any damages finally awarded or settlement amounts agreed to, provided that Customer: (i) gives Provider prompt written notice of the claim; (ii) grants Provider sole control of the defence and settlement; and (iii) provides reasonable cooperation at Provider’s expense.

Provider’s obligations under this Section 9.1 shall not apply to claims arising from: (a) Customer Data or any content provided by Customer; (b) modifications to the Service made by or on behalf of Customer; (c) Customer’s use of the Service in violation of this Agreement or applicable law; (d) third-party services Customer connects to the Service; or (e) Customer’s continued use of a version of the Service after Provider has made a non-infringing alternative available.

If the Service becomes, or in Provider’s reasonable opinion is likely to become, the subject of an infringement claim, Provider may at its option and expense: (a) procure the right for Customer to continue using the Service; (b) modify the Service to make it non-infringing while maintaining materially equivalent functionality; or (c) if neither (a) nor (b) is commercially practicable, terminate this Agreement and refund any prepaid Subscription Fees for the unused portion of the Subscription Term.

9.2 Indemnification by customer

Customer shall defend, indemnify, and hold harmless Provider from and against any third-party claim arising from: (i) Customer Data or any content submitted by Customer through the Service; (ii) Customer’s use of the Service in violation of this Agreement or applicable law; or (iii) Customer’s breach of its obligations under Section 7, provided that Provider gives Customer prompt written notice, sole control of the defence and settlement, and reasonable cooperation at Customer’s expense.

9.3 Exclusive remedy

This Section 9 states each Party’s sole liability and the other Party’s exclusive remedy for any third-party claims covered by this Section 9.

10. Limitation of liability

10.1 Exclusion of indirect damages

Under no circumstances shall either Party be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, or business interruption, arising out of or in connection with this Agreement, even if advised of the possibility of such damages.

10.2 Liability cap

Each Party’s total aggregate liability arising out of or in connection with this Agreement shall not exceed the total Subscription Fees paid by Customer for the Service in the 12 months preceding the event giving rise to the claim.

10.3 Exceptions to limitations

The limitations in Sections 10.1 and 10.2 shall not apply to: (i) either Party’s indemnification obligations under Section 9; (ii) either Party’s breach of Section 6 (Confidentiality); or (iii) Customer’s payment obligations under Section 3.

10.4 Essential basis

The Parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and are an essential basis of the bargain between them. These limitations apply regardless of the form of action (contract, tort, or otherwise).

11. Term and termination

11.1 Term and renewal

This Agreement commences on the Effective Date and continues for the Subscription Term. Paid subscriptions renew automatically for successive billing periods of the same length (monthly or annual) unless Customer cancels before the end of the then-current billing period. Renewals are charged at the Subscription Fee then in effect; Provider shall give at least 30 days’ prior notice of any price increase, which applies from the next renewal after the notice period ends.

11.2 Termination for cause by provider

Provider may terminate this Agreement upon 30 calendar days’ written notice if Customer: (i) breaches any material obligation under this Agreement and fails to cure such breach within the notice period; or (ii) becomes insolvent, enters bankruptcy proceedings, or ceases to operate as a going concern.

11.3 Termination for cause by customer

Customer may terminate this Agreement upon 30 calendar days’ written notice if Provider: (i) breaches any material obligation under this Agreement and fails to cure such breach within the notice period; or (ii) becomes insolvent or ceases to operate as a going concern.

11.4 Cancellation by customer

Customer may cancel a paid subscription at any time through the Service, through Paddle, or by contacting support@agilecashflow.com. Cancellation takes effect at the end of the then-current billing period, after which the workspace moves to the free plan. Customer may close its account entirely at any time. Customer may request a refund within 14 days of any charge: a full refund for plan payments and editor or storage add-ons, and a refund of the unused portion for data capture packs, as described in the Refund Policy. Refunds are processed by Paddle.

11.5 Effect of termination

Upon termination or expiry: (i) all licences granted to Customer shall immediately cease; (ii) Customer shall cease all use of the Service; (iii) each Party shall return or destroy the other’s Confidential Information upon written request; and (iv) Provider shall make Customer Data available in accordance with Section 5.5. Sections 5, 6, 8.3, 9, 10, and 12 shall survive termination. The Data Processing Agreement shall survive to the extent Provider retains any personal data.

11.6 Outstanding payments

Termination does not relieve Customer of any obligation to pay fees accrued prior to the termination date.

12. Miscellaneous

12.1 Governing law and disputes

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland. Any disputes arising out of or in connection with this Agreement shall first be subject to good-faith negotiation between the Parties. If unresolved within 30 days, disputes shall be submitted to the competent courts of Krakow, Poland.

12.2 Entire agreement

These Service Terms, together with the Data Processing Agreement, the Privacy Policy, and the Refund Policy, constitute the entire agreement between the Parties with respect to its subject matter and supersede all prior negotiations, representations, and agreements. The Paddle Checkout Buyer Terms govern the purchase transaction between Customer and Paddle.

12.3 Amendments

This Agreement may be amended only by written instrument signed by authorised representatives of both Parties, or by Provider in accordance with Section 13 below.

12.4 Assignment

Neither Party may assign this Agreement without the other Party’s prior written consent, except that either Party may assign this Agreement without consent: (i) to an affiliate, provided the assignee assumes all obligations under this Agreement; or (ii) in connection with a merger, acquisition, or sale of all or substantially all of the assigning Party’s assets, provided the assignee assumes all obligations under this Agreement. The assigning Party shall provide written notice of any such assignment within 15 days.

12.5 Waiver

Failure by either Party to enforce any right under this Agreement shall not constitute a waiver. Any waiver must be in writing to be effective.

12.6 Force majeure

Neither Party shall be liable for delays or non-performance caused by events beyond its reasonable control (including natural disasters, government actions, or internet infrastructure failures), except that this does not excuse payment obligations.

12.7 Relationship of parties

Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the Parties. Each Party is an independent contractor.

12.8 Notices

Notices to Provider shall be sent in writing by email to support@agilecashflow.com. Notices to Customer shall be sent to the email address associated with Customer’s workspace administrator. Notices are effective upon delivery.

12.9 Marketing reference

Provider may include Customer’s name and logo in Provider’s customer lists and on Provider’s website, unless Customer provides written objection at any time. Any case studies, testimonials, or marketing materials that describe Customer’s use of the Service in detail require Customer’s prior written approval.

12.10 Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. Changes to these terms

13.1 Updates

Provider may update these Service Terms from time to time. Provider shall notify Customer of material changes at least 30 days before they take effect.

13.2 Continued use

Customer’s continued use of the Service after the effective date of updated Service Terms constitutes acceptance of the updated terms. If Customer does not agree with a material change, Customer may terminate the Service in accordance with Section 11.