WHITEBOSS.AI APPLICATION TERMS OF SERVICE

§ 1. General provisions

1. These terms of service, hereinafter the "Terms", set out the rules and conditions for using the Whiteboss.ai application, hereinafter the "Application", and the services provided by the Service Provider.

2. The Application is used to create, develop and operate websites, CRM systems, email tools and other systems supporting business operations, in particular using artificial intelligence. The Application is intended for professional use.

3. These Terms constitute the terms referred to in Article 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means, hereinafter the "Act on the Provision of Services by Electronic Means".

4. The service provider is LUZARN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw at ul. Władysława Jagiełły 16/1, 02-495 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000340901, whose registration records are held by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, tax identification number (NIP) 1231190797, statistical identification number (REGON) 14191273700000, share capital PLN 5,000.00, hereinafter the "Service Provider".

5. The Service Provider may be contacted:

   • a) by email: hello@whiteboss.ai;
   • b) by post: ul. Władysława Jagiełły 16/1, 02-495 Warsaw, Poland.

6. The contact point for communications concerning matters covered by Regulation (EU) 2022/2065 of the European Parliament and of the Council, hereinafter the "DSA", is available at hello@whiteboss.ai. Communications with the contact point may be conducted in Polish or English.

7. Before entering into the Agreement, the Customer should read the Terms and the information contained in the Privacy Policy. The Terms are made available free of charge in a manner that allows them to be obtained, saved and reproduced.

8. The professional purpose of the Application does not exclude the Customer's rights under mandatory provisions of law, in particular the protection afforded to Consumers and Business Customers with Consumer Rights.

§ 2. Definitions

The terms used in these Terms have the following meanings:

1. Application — the Whiteboss.ai application available at https://whiteboss.ai.

2. Price List — information specifying prices, functionality, billing periods, limits and other conditions of individual Service options and add-ons.

3. Consumer — a natural person entering into a legal transaction with the Service Provider that is not directly related to that person's business or professional activity.

4. Account — a panel created within the Application that enables the Customer to use its functionality.

5. Non-conformity — a lack of conformity of the Service with the Agreement, assessed in relation to Consumers and Business Customers with Consumer Rights in accordance with the relevant provisions of the Consumer Rights Act.

6. Subscription Period — a monthly or annual period of paid use of the Service, in accordance with the selected option and the order conditions.

7. Subscription Fee — a fee paid in advance for a given Subscription Period.

8. Review — a review of the Application or the Service Provider's services submitted by the Customer.

9. Privacy Policy — a document containing information about the processing of personal data by the Service Provider, available at https://whiteboss.ai/legal/privacy-policy.

10. Business Customer — an entity conducting business or professional activity that enters into the Agreement in connection with that activity.

11. Business Customer with Consumer Rights — a natural person entering into an Agreement directly related to that person's business activity, where the content of the Agreement indicates that it is not of a professional nature for that person, as determined in particular by the subject matter of their business activity disclosed under the provisions governing the Central Register and Information on Economic Activity.

12. Customer Content — data, files, code, prompts, information, materials, website content, CRM data and correspondence entered, stored or processed by the Customer when using the Service, including personal data.

13. Agreement — an agreement entered into between the Service Provider and the Customer concerning use of the Service in a free or paid option.

14. Service — a service enabling use of the Application's functionality to the extent specified in the Agreement.

15. Customer — an entity that is a party to the Agreement.

16. Service Provider — the company specified in § 1(4).

17. Consumer Rights Act — the Polish Act of 30 May 2014 on Consumer Rights.

18. User — a natural person using the Application independently or on behalf of the Customer.

§ 3. Technical requirements, rules for using the services and security

1. Use of the Application requires:

   • a) a device with Internet access;
   • b) a web browser supporting the Application's functionality;
   • c) an active email address.

2. Introducing malware, accessing other persons' data without authorisation, disrupting infrastructure, circumventing security measures or limits, and using the Service unlawfully are prohibited. This prohibition does not cover the creation of lawful scripts, applications and automations consistent with the Application's intended purpose.

3. The Service Provider is responsible for security measures concerning the elements of the Service under its control, in accordance with the Agreement and applicable law.

4. The Application provides a template and tools for creating software independently. Neither the template nor the results of code generation constitute confirmation that the application being created by the Customer has security measures appropriate to its intended use.

5. To the extent within the Customer's control, the Customer is responsible for the design and configuration of the application being created, in particular for:

   • a) authentication and permissions for its users;
   • b) restricting access to data, email and administrative functions;
   • c) verifying generated code;
   • d) securely storing credentials and keys;
   • e) assessing security before making the application available to other persons;
   • f) ensuring that the way the application is used complies with the law.

   These obligations do not limit the Service Provider's obligations concerning its own actions, infrastructure and data processing.

6. Access to email by the application being created requires appropriate restrictions on permissions and oversight by the Customer. Before enabling an integration, the Customer should verify which correspondence and operations the application will be able to access.

7. Use of the Internet and AI tools may involve risks to data confidentiality, integrity and availability. The Customer should apply security measures appropriate to their own use of the Service.

8. Use of the Application is free under the freemium option and paid to the extent covered by the selected plan and add-ons. The freemium option does not include domain services.

9. The Customer should provide accurate and up-to-date information necessary to enter into and perform the Agreement and should be authorised to act on behalf of the entity they represent.

10. Entering or processing the following through the Service is prohibited:

    • a) personal data of persons under 18 years of age;
    • b) special categories of personal data specified in Article 9 of the GDPR, including data concerning health, racial or ethnic origin, political opinions, religious beliefs, sexuality, and genetic and biometric data processed for the purpose of uniquely identifying a person;
    • c) data concerning criminal convictions and offences within the meaning of Article 10 of the GDPR.

11. Using the Service for the following purposes is prohibited:

    • a) diagnosis, treatment or making decisions concerning health;
    • b) recruitment, candidate selection and assessment of persons for employment or making personnel decisions;
    • c) providing regulated financial or insurance services, making credit decisions and providing individual investment advice;
    • d) AI uses prohibited by applicable law or classified as high-risk systems where the use requires compliance with obligations that the Service does not support.

    This prohibition does not cover operating an ordinary informational website for a business in a given sector, provided that it does not involve prohibited data processing or the performance of the specified functions.

§ 4. Agreement for the provision of the Service

1. Under the Agreement, the Service Provider enables use of the Application to the extent covered by the selected Service option.

2. To enter into an Agreement under the freemium option, the Customer:

   • a) starts using the Application;
   • b) provides the required information;
   • c) accepts the Terms and reads the Privacy Policy;
   • d) verifies their email address or confirms registration through an OAuth partner;
   • e) completes the Account creation process in accordance with the Application's instructions.

3. Creating an Account in accordance with the registration process results in the conclusion of a free Agreement under the freemium option. This is not a trial period. Using freemium alone does not activate a paid subscription.

4. Switching to a paid option requires a separate selection of a plan, review of the price, billing period and renewal rules, and placement of a paid order.

5. Before placing an order, the Customer receives information about the scope of the plan, the final price, the frequency of charges, limits and conditions for ending the subscription. Payment is processed through Stripe.

6. Switching from freemium to a paid plan does not in itself result in the deletion of Customer Content.

7. The Customer does not need to install the Application on their device. Platform updates are performed by the Service Provider. This does not mean that every element of an application created by the Customer is automatically updated or repaired.

8. If a Consumer or Business Customer with Consumer Rights does not receive access to the Service in accordance with the Agreement, they may call upon the Service Provider to supply it. If the Service Provider does not supply the Service without undue delay or within an additional period expressly agreed by the parties, the Customer may withdraw from the Agreement.

9. In the cases specified in Article 43j(5) of the Consumer Rights Act, withdrawal may take place without a prior request to supply the Service.

10. Notices concerning termination, withdrawal and cancellation of renewal may be sent to hello@whiteboss.ai.

11. Cancelling automatic renewal, terminating the Agreement and deleting the Account are separate actions. In its confirmation of an instruction, the Service Provider specifies its scope and effective date. Cancelling a subscription involves returning to the freemium plan and a possible reduction in the Service's functionality. Continued availability of the freemium Service and retention of associated Customer Content are subject to paragraph 25.

12. If the Customer breaches the Terms and fails to remedy the breach despite being called upon to do so, the Service Provider may terminate the Agreement on seven days' notice by sending a notice by email together with reasons. The request to remedy the breach should specify the breach and an appropriate deadline for remedying it.

13. During the notice period, the Service Provider may restrict access to the Service to the extent necessary to prevent further breaches or protect data and infrastructure. The restriction should be proportionate to the risk.

14. Termination of the Agreement and deletion of the Account do not deprive the Customer of mandatory rights to recover data arising under applicable law. Subject to those rights, Customer Content associated with a free or unpaid plan may be deleted under paragraph 25. The rules for exporting and deleting data are set out in § 12.

15. Domain registration and management are carried out using Openprovider. The terms of the relevant registry and the terms applicable to the domain order are made available before the order is placed. The Customer is the domain registrant, and the scope of their rights is determined by the rules of the relevant registry.

16. Domain management forms part of a paid Application subscription. Domain registration and renewal fees are specified in the order and are not deemed to be included in the Subscription Fee unless the terms of the selected plan expressly provide otherwise.

17. The domain is renewed automatically on the basis of authorisation granted by the Customer, in accordance with the accepted terms and subject to successful payment.

18. Ending the Application subscription does not in itself cause the domain registration to expire. The Customer remains its registrant until the end of the paid registration period.

19. After the subscription ends, the Service Provider may offer continued domain services for a fee or discontinue those services and request that the Customer transfer the domain to another provider. The information is sent to the email address associated with the Account, specifying the date on which domain services will end, the registration expiry date and how to obtain the information required for the transfer.

20. The period for taking action is at least 30 days. If the subscription ends when fewer than 30 days remain before the registration expires, the Service Provider provides the information without undue delay, specifying the time actually available and any transfer restrictions.

21. Domain renewal after the Application subscription ends may be charged to the Customer only on the basis of authorisation covering such renewals. The Service Provider informs the Customer of the price and the scheduled charge date at least 30 days before the charge is collected. A price outside the accepted terms of the authorisation requires the Customer's renewed acceptance.

22. In the absence of authorisation, required price acceptance or successful payment, the Service Provider is not obliged to finance renewal. A lack of response from the Customer does not constitute consent to new fees. Renewal voluntarily performed by the Service Provider without authorisation does not in itself create an obligation for the Customer to reimburse its cost.

23. The Service Provider informs the Customer of non-renewal and the risks of domain expiry, interruption of website and email services, and possible subsequent registration of the domain by a third party.

24. The Service Provider makes available the information and authorisations required for transfer, taking into account the restrictions of the relevant registry. Ending the Application subscription does not in itself constitute grounds for refusing to enable a transfer. Contact for domain matters: hello@whiteboss.ai.

25. To the extent permitted by applicable law, the Service Provider may, at its sole discretion and at any time, limit, suspend, or discontinue all or part of the Service provided under a free or unpaid plan and permanently delete any associated Customer Content, without prior notice. Continued availability of such Service is not guaranteed. The Service Provider does not undertake to retain, back up, or restore such Customer Content. The Customer is responsible for maintaining independent copies. This provision does not override mandatory legal obligations concerning retention, notice, or recovery of data. For purposes of this paragraph, a free or unpaid plan means the freemium option or other access provided without charge; it does not mean a paid subscription for which payment has failed or is overdue. Failed or overdue payments for paid subscriptions remain subject to § 5(7). This paragraph does not authorise deletion of Customer Content associated with a current paid plan or add-on.

§ 5. Fees and billing

1. Prices are expressed in euros (EUR). The business Price List shows prices excluding VAT. According to the status adopted as of the effective date of these Terms, the Service Provider is not registered as an active VAT taxpayer in Poland.

2. The tax treatment of a particular transaction is determined by the relevant law and the buyer's status and location. Before placing an order, the Customer receives information about the total amount payable, including applicable taxes and mandatory fees. Consumers are shown the final price.

3. Payments for the Service and add-ons are made through the payment systems available in the Application, in particular Stripe, unless the parties agree otherwise.

4. The Subscription Fee is charged automatically in advance, monthly or annually, in accordance with the selected plan and the dates specified when ordering.

5. Add-ons may be paid for on a one-off or recurring basis. Before purchasing them, the Customer receives information about the price, scope of the add-on, its duration and any automatic renewal.

6. Payment is considered made once successfully confirmed by the payment system. The Service Provider makes available a billing document compliant with the relevant law.

7. Failure to make a successful payment may lead to the suspension of paid functionality. Suspension does not automatically mean deletion of the Account or data and does not override the Customer's statutory rights.

8. The plan specifies a monthly credit limit. Use of functions may also be subject to shorter limits, in particular hourly and five-hour limits. Credits do not roll-over to the next month or billing cycle. Interrupted generations still cost credits.

9. Cancellation instructions and refund requests may be sent to hello@whiteboss.ai. Refunds required by law are made independently of the Service Provider's voluntary refund policy.

§ 6. Price List

1. The current Price List is available at https://whiteboss.ai/pricing/. The terms of specific add-ons and domains are also presented during the ordering process.

2. The Price List specifies the scope of freemium, paid plans, available functions, limits and add-ons.

3. Functions marked as planned or available in the future do not form part of the current service unless the parties expressly agree on their delivery.

4. The Service Provider may change the Price List for new orders.

5. A change to the Price List does not change the price of a Subscription Period or add-on already ordered and paid for.

6. Changing fees under an existing, renewing Agreement requires an appropriate contractual or legal basis, prior notification to the Customer and an opportunity for the Customer to end the Agreement before the new fee applies. Publication of a new Price List alone does not constitute such a basis.

7. Pricing of the service may be changed at any time with a 7-day notice period. Customers may refuse to comply with the pricing change, in which case they will not be charged the new price, and Service will return to its free alternative, if available. If a feature does not provide a free alternative, it will no longer be served. Continued availability of any free alternative and retention of associated Customer Content are subject to § 4(25).

§ 7. Complaints — Consumers and Business Customers with Consumer Rights

1. The provisions of this section apply to Consumers and Business Customers with Consumer Rights to the extent provided by law.

2. The Service must conform to the Agreement throughout the period of its provision. The Service Provider is liable for Non-conformity discovered during that period under the rules set out in the Consumer Rights Act.

3. In the event of Non-conformity, the Customer may request that the Service be brought into conformity with the Agreement.

4. A complaint may be submitted to hello@whiteboss.ai or to the Service Provider's postal address.

5. To facilitate efficient handling of a complaint, it is recommended to provide:

   • a) the complainant's full name and contact address;
   • b) information allowing identification of the Account or order;
   • c) a description of the Non-conformity;
   • d) the Customer's requested remedy.

   A lack of additional information does not, on its own, constitute grounds for rejecting a complaint if it can be considered on the basis of the available data.

6. The Service Provider may refuse to bring the Service into conformity with the Agreement if this is impossible or would entail disproportionate costs, assessed in accordance with the Act.

7. The Service is brought into conformity at the Service Provider's expense, within a reasonable time and without significant inconvenience to the Customer.

8. The Service Provider responds to a complaint within 14 days of receiving it, providing the response on a durable medium, in particular by email. The consequences of a failure to respond are determined by the relevant law.

9. The Customer may give notice of a price reduction or withdrawal from the Agreement in the cases specified in the Act, in particular where:

   • a) bringing the Service into conformity is impossible or entails disproportionate costs;
   • b) the Service Provider has not brought the Service into conformity in accordance with the Act;
   • c) the Non-conformity persists despite an attempt to remedy it;
   • d) the Non-conformity is sufficiently serious to justify an immediate price reduction or withdrawal;
   • e) the Service Provider's statement or the circumstances indicate that it will not bring the Service into conformity within a reasonable time or without significant inconvenience.

10. The reduced price should be proportionate to the value of a Service conforming to the Agreement. In the case of continuous provision, the period during which the Service did not conform to the Agreement is taken into account.

11. Withdrawal from a paid Agreement due to Non-conformity is subject to statutory conditions, including those concerning the significance of the Non-conformity.

12. Any refund due is made without undue delay, no later than 14 days after receipt of the relevant notice, under the rules specified in the Act.

13. Following effective withdrawal, the Customer ceases using the Service and making it available to third parties. Settlement of the Agreement, termination of access and provision of Customer Content are carried out with due regard for statutory rights.

14. This section does not limit any other rights available to the Customer under the law.

§ 8. Complaints — Business Customers

1. This section applies to Business Customers to the extent not covered by the protection afforded to Business Customers with Consumer Rights.

2. If the Service does not conform to the Agreement, a Business Customer may submit a complaint to hello@whiteboss.ai or to the Service Provider's postal address.

3. A complaint should be submitted as soon as possible, preferably within 30 days of discovering the lack of conformity. The expiry of this period does not in itself extinguish claims arising under the law or the Agreement.

4. The complaint should include the Business Customer's name, contact details, identification of the Account or order, and a description of the problem.

5. The Service Provider considers the complaint and informs the Business Customer whether it has been accepted, how and when the problem is expected to be resolved, or whether it has been rejected, together with reasons.

6. A response is provided within 21 days of receipt of the complaint. In a particularly complex matter, this period may be extended to 30 days after information about the reason for the extension has been provided.

7. Handling a complaint does not exclude the Business Customer's rights under the Agreement and relevant law.

§ 9. Right to withdraw from the Agreement

1. A Consumer or Business Customer with Consumer Rights may withdraw from an Agreement concluded at a distance without giving reasons within 14 days of its conclusion, if entitled to do so under the Consumer Rights Act.

2. These Terms do not voluntarily extend this right to Business Customers not covered by statutory protection.

3. A withdrawal notice may be sent to hello@whiteboss.ai or to the Service Provider's postal address. Sending the notice before the deadline expires is sufficient to meet the deadline.

4. Use of a specific form is not required. The Customer may use the form set out in Annex 2 to the Consumer Rights Act.

5. The Service Provider confirms receipt of an electronic withdrawal notice on a durable medium, in particular by email.

6. In the event of effective withdrawal, the Service Provider refunds payments due within the period and under the rules specified in the Act, generally within 14 days of receiving the notice.

7. If the Customer expressly requests that paid provision begin before the withdrawal period expires and the statutory conditions are met, they may be required to pay a proportionate amount for the service provided up to the time of withdrawal.

8. Activating an Account, starting a subscription or using some credits does not automatically result in the loss of the right of withdrawal. Exceptions to this right may be applied only when all relevant statutory conditions have been met.

9. Withdrawal is considered in relation to the Agreement to which it relates. It does not automatically mean cancellation of a separate domain order or another add-on.

§ 10. Customer Content and Reviews

1. The Customer may submit Reviews of the Service, in particular to hello@whiteboss.ai.

2. Submitting a Review does not oblige the Service Provider to publish it. A Review may be removed from the Service Provider's materials.

3. The Customer should hold the rights or authorisations necessary to enter and use Customer Content. Content may originate from third parties if the Customer uses it lawfully.

4. Entering or publishing Customer Content and Reviews that are any of the following is prohibited:

   • a) unlawful;
   • b) infringing personal rights, copyright, rights to one's image or other third-party rights;
   • c) inciting violence or hatred;
   • d) containing malware or serving fraudulent purposes;
   • e) breaching the restrictions specified in § 3.

5. Lawful advertising and promotional content for the Customer's own business is permitted in accordance with the Application's intended purpose.

6. Any person may report potentially illegal content stored as part of the Service to hello@whiteboss.ai.

7. A report should include:

   • a) an explanation of why the content is illegal;
   • b) a precise indication of its location, in particular a URL, and information needed to identify it;
   • c) the reporting person's full name or entity name and email address, subject to the exceptions provided for by the DSA;
   • d) a statement of a good-faith belief that the information and allegations are accurate and complete.

8. The Service Provider acknowledges receipt of a report if it has the reporting person's contact address.

9. If the information is insufficient, the Service Provider may request further information. A failure to provide it does not exclude the obligation to act if the available information is sufficient to establish that the content is illegal.

10. Reports are handled in a timely, diligent, objective and non-arbitrary manner. The Service Provider aims to consider a complete report within 14 days, subject to cases requiring faster action or a justified need for further investigation.

11. Pending a decision, the Service Provider may restrict access to content if justified by the nature of the report, the risk or applicable law.

12. Following verification, the Service Provider takes appropriate action, in particular removing illegal content, restricting access to it or restoring access if the restriction was unjustified.

13. The reporting person is informed of the decision and available means of challenging it, in accordance with the relevant law.

14. A Customer affected by a restriction receives a statement of reasons to the extent required by the DSA, including in particular:

    • a) the type, scope and duration of the restriction;
    • b) the facts and circumstances underlying the decision;
    • c) information about the use of automated means;
    • d) the legal or contractual basis and an explanation of its application;
    • e) the available means of challenging the decision.

15. The reporting person's details are not disclosed to the Customer unless legally required or strictly necessary under the relevant law.

16. The Customer or reporting person may request reconsideration of the decision by sending reasons to hello@whiteboss.ai or to the Service Provider's postal address.

17. The Service Provider acknowledges receipt of an appeal and aims to consider it within 14 days. Reconsideration involves human review.

18. The procedure does not limit statutory remedies, including the right to apply to the competent authority or court.

19. The Customer is responsible for their own actions concerning Customer Content under the rules arising from the law and the Agreement. This does not exclude the Service Provider's liability for its own actions.

20. The Service Provider uses Customer Content to the extent necessary to perform the Agreement and in accordance with the relevant authorisations, including the rules on personal data processing.

21. Publication of a Review in promotional materials requires agreement with the Customer on the scope of its use. Providing CRM data, code, correspondence or other Customer Content does not constitute consent to promotional use of that content.

22. Where publication of a Review has been agreed, editing must not change the meaning of the statement. Submitting a Review does not automatically authorise its sublicensing for a fee.

§ 11. Use of artificial intelligence (AI)

1. The Application uses AI models and solutions associated with third parties to generate and modify code and website content, and to handle tasks relating to CRM, email and other functions selected by the Customer.

2. Data provided to perform AI functions may include prompts, code, files, website content, CRM data and correspondence, including personal data, to the extent actually used by the particular function and permitted under § 3 and § 15.

3. AI outputs:

   • a) may contain errors, inaccuracies, false information and security vulnerabilities;
   • b) require human verification before use;
   • c) do not constitute professional legal, medical, investment or other advice requiring professional qualifications;
   • d) do not guarantee the legal compliance or security of the application being created.

4. The Customer should verify AI outputs, particularly code, access permissions, the correctness of operations performed on data, and content published or sent to other persons.

5. The Customer should not rely solely on AI outputs when making decisions that affect other persons and must comply with the restrictions in § 3.

6. The Service Provider and its AI model providers may use Customer Content to train their own AI models.

7. The Customer must comply with transparency obligations concerning its own use of AI, particularly by labelling content or informing persons of interactions with AI where required by law. The Service Provider fulfils the obligations relating to its own role and the functions of the Application.

8. To the extent permitted by law, the Service Provider is not liable for the consequences of independent decisions made by the Customer on the basis of unverified AI outputs, or for the use of those outputs contrary to the Agreement. This provision does not exclude the Service Provider's liability for its own breaches or liability that cannot be limited.

9. The Service Provider does not claim rights to AI outputs solely because they were created using the Application. The scope of the Customer's rights to the outputs depends on the law, third-party rights and the terms applicable to the models and components used.

10. AI outputs may not be protected by copyright. Similar outputs may be generated for other persons. The Service Provider does not guarantee their uniqueness.

11. Before using an output, the Customer should verify third-party rights and the licence terms applicable to the components it contains.

§ 12. Liability and service levels

1. The Service Provider provides the Service with the due care appropriate to its business activities.

2. Providing tools for independently creating applications does not constitute a commitment to achieve a particular business result or to ensure that any application created by the Customer is suitable for the Customer's particular use. This does not limit the obligation to provide the functionality agreed in the Agreement.

3. The Customer is responsible for the design and security of the application being created to the extent that they remain under its control. The Service Provider is responsible for the elements of the Service under its control and cannot exclude its own obligations by describing the product as a tool for independently creating software.

4. In dealings with a Business Customer that does not enjoy the protection afforded to a Business Customer with Consumer Rights, the parties exclude the Service Provider's liability for lost profits to the extent that such exclusion is legally permissible.

5. Limitations of liability do not cover intentionally caused damage or liability that cannot be limited under applicable law.

6. To the extent permitted by law, the Service Provider is not liable for the consequences of:

   • a) using the Service contrary to its intended purpose or the Terms;
   • b) the Customer providing incorrect data;
   • c) the Customer disclosing access credentials or neglecting to protect them;
   • d) changes made by the Customer to its application, if the damage results from those changes.

   The exclusions apply taking into account the Service Provider's contribution to the damage and its own obligations.

7. Disruptions may result from maintenance work, force majeure, the actions of external providers or causes attributable to the Customer. The occurrence of such a circumstance does not automatically exclude the Service Provider's liability; liability is assessed in accordance with the law and the Agreement.

8. The Service Provider carries out maintenance work in a manner that causes as little inconvenience as possible and, where possible, gives advance notice of it. It takes steps to remedy disruptions.

9. Following the end of the Agreement, the rules for making data available, exporting, retaining and deleting data take into account rights arising under applicable law, including provisions on personal data, digital services and switching providers of data processing services, where applicable.

   Subject to mandatory legal obligations, Customer Content associated with a free or unpaid plan may be permanently deleted without prior notice under § 4(25), including while that plan remains active. No retention, backup, or restoration commitment is made for such Customer Content.

10. Requests to export or transfer data may be sent to hello@whiteboss.ai. The scope of the export includes data and materials that the Customer is entitled to receive. This request procedure does not create a commitment to retain or restore Customer Content that may be deleted under § 4(25), subject to mandatory legal obligations.

11. The deletion of data must not prevent the exercise of a mandatory right to recover that data to which the Customer is entitled and which was asserted in due time. Subject to such rights and other mandatory legal obligations, deletion under § 4(25) may be permanent, and the Customer is responsible for maintaining independent copies.

§ 13. AI Output, Customer Applications, Risk Allocation, and Limitation of Liability

1. Definitions

For purposes of these Terms:

“AI Output” means any code, text, content, configuration, database schema, infrastructure definition, script, command, recommendation, suggestion, analysis, design, file, document, response, or other material generated, proposed, modified, or produced through the Services, including output generated by artificial intelligence models or automated systems.

“Action” means any action performed, proposed, initiated, or facilitated through the Services, including creating, modifying, deleting, executing, publishing, deploying, transmitting, purchasing, configuring, accessing, or otherwise interacting with software, data, files, systems, services, infrastructure, APIs, accounts, or third-party services.

“Customer Application” means any website, software application, service, product, workflow, system, database, automation, API, digital product, or other output that Customer creates, modifies, configures, develops, tests, deploys, operates, distributes, or otherwise uses with or through the Services.

“Customer Content” means all prompts, instructions, source code, files, data, credentials, configuration information, text, images, databases, materials, and other content submitted, uploaded, transmitted, connected, or otherwise made available by or on behalf of Customer.

“End User” means any person or entity that accesses, uses, receives, purchases, relies upon, interacts with, or is otherwise affected by a Customer Application.

“Third-Party Service” means any third-party artificial intelligence model, cloud provider, hosting provider, database, payment processor, authentication provider, API, software package, library, open-source component, plugin, extension, MCP server, integration, communications provider, domain provider, content delivery network, infrastructure provider, or other third-party product or service used by, connected to, or accessible through the Services.

2. Nature of the Services

The Services are tools intended to assist Customer in creating, modifying, testing, configuring, deploying, operating, and managing software and other digital products.

Whiteboss does not act as Customer's software engineering contractor, professional adviser, auditor, security consultant, fiduciary, publisher, seller, operator, or agent solely because Customer uses the Services.

Unless Whiteboss expressly agrees otherwise in a separate written agreement signed by Whiteboss, the Services do not constitute professional engineering, legal, medical, financial, accounting, investment, cybersecurity, compliance, or other professional services.

Customer acknowledges that artificial intelligence systems and automated software-development tools are probabilistic and may produce materially incorrect or unexpected results.

3. AI Output May Be Incorrect

AI Output may contain errors, omissions, inaccuracies, hallucinations, vulnerabilities, defective logic, insecure code, incompatible dependencies, incorrect assumptions, outdated information, incomplete implementations, licensing issues, or other defects.

AI Output may appear convincing, complete, secure, functional, or correct while nevertheless containing material errors or defects.

An Action may fail, operate differently than intended, produce unintended consequences, modify the wrong resource, expose information, delete or overwrite information, cause downtime, affect third-party systems, or otherwise produce an unexpected result.

Whiteboss does not represent or warrant that AI Output or Actions will be accurate, complete, reliable, secure, lawful, non-infringing, error-free, suitable for production, appropriate for Customer's use case, or fit for any particular purpose.

4. Independent Review and Testing Required

Customer is solely responsible for independently reviewing, validating, verifying, and testing AI Output before relying on, executing, distributing, publishing, deploying, or otherwise using it.

Where applicable, Customer is responsible for performing appropriate:

• code review;
• functional testing;
• integration testing;
• regression testing;
• security testing;
• vulnerability testing;
• access-control testing;
• authentication and authorization testing;
• dependency review;
• software-license review;
• database and migration testing;
• backup and restoration testing;
• load and performance testing;
• privacy and data-protection review;
• legal and regulatory review; and
• production-readiness review.

The fact that AI Output compiles, builds, executes, passes automated tests, passes a Whiteboss-generated test, produces a successful preview, receives a successful deployment status, or operates without an immediately apparent error does not constitute certification, validation, approval, or confirmation by Whiteboss that such AI Output is safe, secure, accurate, compliant, suitable, or fit for production use.

Customer is responsible for determining the level of human review appropriate for its use case.

5. Customer Determines Suitability

Customer is solely responsible for determining whether the Services, AI Output, Actions, and Customer Applications are appropriate for Customer's intended purpose.

Customer is responsible for determining whether additional safeguards, professional review, human supervision, testing, approvals, licenses, insurance, regulatory authorizations, or other measures are required before using, distributing, or deploying any AI Output or Customer Application.

Customer's decision to use, execute, publish, distribute, or deploy AI Output or a Customer Application constitutes Customer's independent decision to do so.

6. Ownership Does Not Constitute Approval or Warranty

To the extent these Terms or applicable law provide Customer with ownership of, rights in, or permission to use AI Output, such ownership, rights, or permission do not constitute and must not be interpreted as:

• certification of the AI Output;
• approval of the AI Output;
• endorsement of the AI Output;
• confirmation that Whiteboss reviewed the AI Output;
• confirmation that the AI Output is lawful;
• confirmation that the AI Output is secure;
• confirmation that the AI Output is free from third-party rights;
• confirmation that the AI Output is fit for production; or
• any representation or warranty regarding the AI Output.

7. Responsibility for Deployment

Customer is solely responsible for all decisions concerning whether, when, how, and where AI Output or Customer Applications are deployed or used.

Customer is responsible for, as applicable:

• production configuration;
• infrastructure configuration;
• environment variables;
• credentials and secrets;
• staging and production separation;
• database migrations;
• access permissions;
• backup procedures;
• rollback procedures;
• disaster recovery;
• monitoring;
• logging;
• alerting;
• incident response;
• business continuity; and
• other operational controls appropriate to Customer's use case.

Whiteboss is not responsible for losses resulting from Customer's failure to implement appropriate safeguards, backups, access controls, monitoring, testing, or recovery procedures.

8. Responsibility for Customer Applications

Customer is solely responsible for each Customer Application, including its:

• functionality;
• reliability;
• availability;
• performance;
• security;
• architecture;
• source code;
• business logic;
• pricing logic;
• billing logic;
• tax logic;
• authentication;
• authorization;
• access controls;
• collection and processing of data;
• legal and regulatory compliance;
• intellectual-property compliance;
• content;
• user interfaces;
• user communications;
• transactions;
• representations;
• warranties;
• disclosures;
• products and services;
• support commitments;
• service-level commitments; and
• operation and maintenance.

Whiteboss's generation, modification, testing, hosting, previewing, deployment, publication, or technical facilitation of a Customer Application does not constitute review, certification, endorsement, approval, supervision, or acceptance of responsibility for that Customer Application.

9. End Users

Customer is solely responsible for its relationship with End Users.

Customer is responsible for establishing and enforcing appropriate terms of service, privacy notices, policies, disclosures, warnings, consents, refund policies, support policies, and other agreements or notices applicable to End Users.

Customer is responsible for all promises, representations, warranties, guarantees, support commitments, service levels, refunds, transactions, and other obligations Customer undertakes toward End Users.

Except where applicable law provides otherwise, Whiteboss has no contractual obligation to an End User solely because the End User accesses, uses, purchases from, interacts with, or is affected by a Customer Application.

Customer must not represent that Whiteboss sponsors, certifies, operates, guarantees, approves, or endorses a Customer Application unless Whiteboss has expressly authorized such representation in writing.

10. No Implied Whiteboss Operation or Endorsement

The fact that a Customer Application is created, generated, hosted, previewed, published, deployed, transmitted, or operated using Whiteboss infrastructure, domains, subdomains, APIs, or other technology does not by itself mean that Whiteboss:

• operates the Customer Application;
• provides the products or services offered through the Customer Application;
• acts as the seller or merchant;
• publishes Customer's content;
• endorses the Customer Application;
• guarantees the Customer Application;
• assumes Customer's obligations; or
• enters into a contractual relationship with Customer's End Users.

11. Privacy and Data Protection

Customer is solely responsible for determining whether its collection, use, storage, disclosure, transfer, and other processing of personal data through a Customer Application complies with applicable law.

Customer is responsible for, where applicable:

• providing required privacy notices;
• obtaining required consents;
• establishing lawful bases for processing;
• responding to data-subject requests;
• complying with data-minimization requirements;
• establishing appropriate retention periods;
• complying with children's privacy requirements;
• complying with rules applicable to sensitive or special-category data;
• entering into required agreements with its own processors and sub-processors; and
• implementing appropriate technical and organizational safeguards.

Any allocation of controller, processor, business, service-provider, or similar data-protection roles between Customer and Whiteboss may be further addressed in a separate data processing agreement.

12. Regulated and Sensitive Data

Customer must not use the Services to process categories of information subject to specialized legal, contractual, regulatory, security, or industry requirements unless Whiteboss has expressly authorized such use in writing and any required agreement or product configuration is in place.

Such information may include, without limitation:

• protected health information;
• medical records;
• payment-card data;
• banking credentials;
• government identification information;
• biometric identifiers;
• information concerning children;
• authentication secrets;
• highly sensitive financial information; and
• other legally protected or specially regulated information.

The availability of a technical capability to process such information does not constitute authorization or representation that the Services are designed or approved for such use.

13. High-Risk Uses

Unless expressly authorized by Whiteboss in writing, Customer must not rely on AI Output as the sole or primary basis for decisions or functionality involving:

• medical diagnosis or treatment;
• emergency response;
• life-safety systems;
• critical infrastructure;
• legal advice;
• investment advice;
• financial eligibility;
• credit decisions;
• insurance eligibility or pricing;
• employment decisions;
• housing decisions;
• educational admissions;
• law enforcement;
• decisions producing significant legal effects on individuals; or
• other safety-critical, regulated, or high-impact activities.

Where Customer uses the Services in connection with such activities to the extent permitted by Whiteboss and applicable law, Customer is solely responsible for implementing qualified human review, appropriate safeguards, professional oversight, testing, monitoring, disclosures, and regulatory compliance.

14. No Professional Advice or Relationship

AI Output does not constitute legal, medical, tax, accounting, financial, investment, engineering, cybersecurity, compliance, or other regulated professional advice.

Use of the Services does not create an attorney-client, doctor-patient, fiduciary, professional-adviser, professional-engineer, investment-adviser, or similar relationship between Customer and Whiteboss.

Customer must obtain independent professional advice where appropriate.

15. No Guarantee of Successful Development

Whiteboss does not guarantee that AI Output or the Services will:

• compile;
• build successfully;
• execute correctly;
• pass tests;
• eliminate bugs;
• resolve vulnerabilities;
• repair a Customer Application;
• complete a requested feature;
• improve performance;
• satisfy Customer's specifications;
• produce commercially acceptable software;
• remain compatible with other software;
• operate without interruption; or
• achieve any particular result.

16. Non-Unique Output

Because artificial intelligence systems may generate similar or identical material in response to different users, AI Output may not be unique.

Other users may receive output that is the same as or similar to Customer's AI Output.

Whiteboss does not represent or warrant that AI Output is exclusive to Customer.

17. Third-Party Intellectual Property and Open-Source Software

AI Output may incorporate, reference, resemble, depend upon, or be subject to third-party intellectual-property rights, open-source software licenses, source-available licenses, software-package licenses, or other third-party terms.

Customer is solely responsible for determining whether AI Output and its intended use comply with applicable licenses and third-party rights.

Customer is responsible for reviewing software dependencies, notices, attribution requirements, copyleft obligations, source-disclosure requirements, and other license conditions before distributing or deploying software.

Except where Whiteboss expressly provides an indemnity in these Terms or another written agreement, Whiteboss does not warrant that AI Output is free from third-party rights.

18. Conditions and Exclusions Applicable to Any Whiteboss IP Indemnity

To the extent Whiteboss expressly agrees to indemnify Customer against a third-party intellectual-property claim, such indemnity does not apply to a claim arising from or relating to:

• Customer Content;
• Customer's instructions;
• Customer's modification of AI Output;
• combination of AI Output with products, services, technology, data, or content not supplied by Whiteboss;
• use of AI Output outside the scope permitted by these Terms;
• use contrary to Whiteboss documentation or instructions;
• continued use after Whiteboss has requested that Customer stop;
• Customer's failure to use an updated, modified, or replacement version supplied by Whiteboss;
• Customer's disabling, avoiding, or circumventing relevant safety, citation, filtering, attribution, or rights-management functionality;
• Customer's knowledge, or circumstances in which Customer reasonably should have known, that the relevant use could infringe a third party's rights;
• use of output as a trademark, trade name, service mark, or other source identifier;
• patents allegedly infringed by Customer's implementation, combination, process, system, or use case;
• third-party software or Third-Party Services; or
• output generated by a third-party model where Whiteboss does not provide the applicable indemnity.

Any indemnity expressly provided by Whiteboss constitutes Customer's sole and exclusive contractual remedy for the claim covered by that indemnity.

19. Whiteboss Remediation Rights

If Whiteboss reasonably believes that any Service, feature, AI Output, or other material may infringe third-party rights or create material legal risk, Whiteboss may, at its option:

• obtain the right for Customer to continue using the affected material;
• modify the affected material;
• replace the affected material;
• restrict the affected functionality;
• disable the affected functionality;
• terminate the affected Service; or
• refund prepaid fees allocable to the affected Service for the unused portion of the applicable subscription period.

20. Customer Rights in Customer Content

Customer represents and warrants that Customer has and will maintain all rights, licenses, permissions, authorizations, and consents necessary for:

• Customer to provide Customer Content to Whiteboss;
• Whiteboss to process Customer Content as contemplated by these Terms;
• Customer to provide instructions to the Services; and
• Customer to use the Services in the manner directed by Customer.

21. Customer Compliance

Customer represents and warrants that Customer's:

• Customer Content;
• Customer Applications;
• instructions;
• use of the Services;
• deployment;
• publication;
• distribution;
• transactions;
• data processing; and
• relationship with End Users

will comply with applicable law, these Terms, Whiteboss policies, and applicable third-party terms.

22. Customer Accounts and Authorized Users

Customer is responsible for all activity occurring through Customer's accounts, credentials, API keys, projects, environments, and authorized users.

Customer is responsible for the acts and omissions of its employees, contractors, agents, affiliates, administrators, developers, and other persons whom Customer authorizes to access the Services.

Customer must use reasonable measures to protect credentials, access tokens, API keys, secrets, and administrative access.

Customer must promptly notify Whiteboss of suspected unauthorized access or compromise.

23. Third-Party Services

The Services may depend upon, interact with, integrate with, or permit access to Third-Party Services.

Whiteboss does not control Third-Party Services and does not warrant or guarantee their:

• availability;
• accuracy;
• functionality;
• performance;
• security;
• compliance;
• continued existence;
• pricing;
• compatibility; or
• suitability.

Third-Party Services may be governed by separate terms between Customer and the applicable third party.

Whiteboss is not responsible for acts, omissions, failures, changes, outages, suspension, termination, data loss, security incidents, pricing changes, API changes, model changes, rate limits, or discontinuation caused by a Third-Party Service, except to the extent such responsibility cannot lawfully be excluded.

24. Upstream Provider Changes and Failures

Whiteboss may change, replace, add, or remove underlying models, providers, libraries, infrastructure, vendors, APIs, or technologies used to provide the Services.

Whiteboss is not liable for losses arising from circumstances outside Whiteboss's reasonable control, including:

• third-party AI model outages;
• cloud-provider outages;
• database outages;
• API outages;
• rate limits;
• DNS failures;
• CDN failures;
• payment-processor failures;
• upstream security incidents;
• upstream account suspension;
• third-party service discontinuation;
• changes to third-party APIs;
• changes to third-party terms;
• changes to model behavior;
• withdrawal or deprecation of models;
• changes to upstream pricing; or
• other third-party failures.

25. Customer-Connected Accounts and Bring-Your-Own-Key Services

Where Customer connects its own Third-Party Service account, API key, model-provider account, cloud account, repository, payment-provider account, or other credential:

• Customer is responsible for that account and credential;
• Customer is responsible for charges incurred through that account;
• Customer is responsible for complying with the applicable third party's terms;
• Customer authorizes Whiteboss to interact with that Third-Party Service as directed by Customer;
• Whiteboss does not assume the third party's obligations;
• Whiteboss does not provide warranties on behalf of the third party; and
• any rights or indemnities offered directly by the third party remain subject to Customer's agreement with that third party.

26. Geographic Processing

Unless expressly stated in a written agreement applicable to Customer, Whiteboss does not guarantee that Customer Content, AI Output, telemetry, logs, backups, or other data will be processed or stored in any particular geographic location.

Third-Party Services may process data in jurisdictions different from Customer's location.

27. Beta, Preview, Experimental, and Early-Access Features

Features identified as beta, preview, experimental, research, early access, prototype, pre-release, or similar are provided for evaluation and testing.

Such features may:

• be incomplete;
• contain defects;
• be less reliable than generally available features;
• have reduced security or compliance controls;
• change without notice;
• be withdrawn without notice;
• produce unexpected results; or
• result in data loss or other harm.

To the maximum extent permitted by law, such features are provided “AS IS” and “AS AVAILABLE,” are used at Customer's own risk, and are excluded from service-level commitments, warranties, support commitments, and indemnities unless Whiteboss expressly states otherwise in writing.

28. Modification and Discontinuation of Services

Whiteboss may modify, replace, update, limit, suspend, or discontinue features, models, integrations, functionality, limits, or technical components of the Services.

Whiteboss does not guarantee the perpetual availability of any particular model, feature, integration, interface, workflow, technology, provider, or implementation.

For Service provided under a free or unpaid plan, Whiteboss may also discontinue access and permanently delete associated Customer Content at its sole discretion, at any time and without prior notice, subject to § 4(25) and mandatory legal obligations. No retention, backup, or restoration commitment is made for such Customer Content.

29. Suspension

Whiteboss may immediately suspend or restrict Customer's access to some or all of the Services if Whiteboss reasonably believes that:

• Customer has breached these Terms;
• Customer has violated applicable law;
• Customer's use poses a security risk;
• Customer's use threatens Whiteboss, the Services, another user, or a third party;
• Customer has failed to pay amounts when due;
• suspension is required by law, regulation, court order, or government request;
• an upstream provider requires or causes suspension;
• Customer's use may expose Whiteboss or a third party to material legal, regulatory, security, operational, or reputational risk; or
• immediate suspension is reasonably necessary to protect systems, data, users, or third parties.

To the maximum extent permitted by law, Whiteboss is not liable for losses resulting from a suspension or restriction exercised in accordance with these Terms.

30. Customer Backups

Customer is responsible for maintaining independent and current backups of source code, databases, files, configuration, credentials, business records, and other information necessary to operate Customer Applications.

The Services are not Customer's exclusive backup, archival, disaster-recovery, or business-continuity solution unless expressly agreed in writing.

Whiteboss does not guarantee that deleted, modified, corrupted, or lost Customer Content can be recovered.

31. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AI OUTPUT, ACTIONS, CUSTOMER-APPLICATION DEVELOPMENT FUNCTIONALITY, BETA FEATURES, INTEGRATIONS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WHITEBOSS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND PERSONNEL DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY OR CONDITION OF:

• MERCHANTABILITY;
• SATISFACTORY QUALITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• COMPLETENESS;
• RELIABILITY;
• AVAILABILITY;
• SECURITY;
• COMPATIBILITY;
• QUIET ENJOYMENT;
• COURSE OF DEALING;
• COURSE OF PERFORMANCE; OR
• USAGE OF TRADE.

WHITEBOSS DOES NOT WARRANT THAT THE SERVICES OR AI OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VULNERABILITIES OR HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED.

WHITEBOSS DOES NOT WARRANT THAT THE SERVICES OR AI OUTPUT WILL SATISFY CUSTOMER'S REQUIREMENTS, EXPECTATIONS, SPECIFICATIONS, BUSINESS OBJECTIVES, OR INTENDED RESULTS.

32. Security Disclaimer

Whiteboss may implement security measures intended to protect the Services. No system can be guaranteed to be completely secure.

Whiteboss does not warrant that the Services, AI Output, Customer Applications, Third-Party Services, or other systems will be free from vulnerabilities, attacks, malware, unauthorized access, disclosure, alteration, corruption, or other security incidents.

Customer remains responsible for security controls appropriate to Customer's systems, Customer Applications, users, data, and risk profile.

33. Customer Indemnification

To the maximum extent permitted by applicable law, Customer will defend, indemnify, and hold harmless Whiteboss, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, service providers, successors, and assigns from and against any third-party claim, demand, action, proceeding, investigation, liability, loss, judgment, settlement, damage, fine, penalty, cost, or expense, including reasonable attorneys' fees and legal costs, arising out of or relating to:

1. Customer's use of the Services;
2. Customer Content;
3. a Customer Application;
4. any product or service Customer develops, offers, sells, distributes, operates, or makes available using or in connection with the Services;
5. a claim by or against an End User relating to a Customer Application;
6. injury, loss, damage, or alleged damage caused by a Customer Application;
7. Customer's representations, warranties, promises, support obligations, service levels, or other commitments to an End User or third party;
8. Customer's modification, deployment, operation, maintenance, distribution, publication, or use of AI Output;
9. Customer's violation of these Terms or Whiteboss policies;
10. Customer's violation of applicable law or regulation;
11. Customer's violation of third-party rights;
12. Customer's violation of applicable Third-Party Service terms;
13. Customer's collection, processing, use, storage, disclosure, or transfer of personal data;
14. Customer's products, services, transactions, billing, refunds, fulfillment, taxes, or commercial activities;
15. Customer's acts or omissions;
16. acts or omissions of Customer's employees, contractors, agents, affiliates, authorized users, or End Users to the extent attributable to Customer;
17. Customer's integration of AI Output with third-party software, services, libraries, APIs, systems, data, or infrastructure; or
18. Customer's failure to independently review, test, validate, secure, monitor, or appropriately supervise AI Output or a Customer Application.

34. Indemnification Procedure

The party seeking indemnification will:

• promptly notify the indemnifying party of the applicable claim, provided that delayed notice will relieve the indemnifying party of its obligations only to the extent materially prejudiced by the delay;
• provide reasonable cooperation at the indemnifying party's expense; and
• permit the indemnifying party to control the defense and settlement of the claim, subject to reasonable protections for the indemnified party.

The indemnifying party may not enter into a settlement that admits wrongdoing by, imposes non-monetary obligations on, or materially adversely affects the indemnified party without the indemnified party's prior written consent, not to be unreasonably withheld where applicable.

35. Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHITEBOSS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND PERSONNEL WILL NOT BE LIABLE FOR ANY:

• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• SPECIAL DAMAGES;
• CONSEQUENTIAL DAMAGES;
• EXEMPLARY DAMAGES;
• PUNITIVE DAMAGES;
• LOST PROFITS;
• LOST REVENUE;
• LOST BUSINESS;
• BUSINESS INTERRUPTION;
• LOST CONTRACTS;
• LOST CUSTOMERS;
• LOST BUSINESS OPPORTUNITIES;
• LOSS OF GOODWILL;
• REPUTATIONAL HARM;
• LOST ANTICIPATED SAVINGS;
• LOST PRODUCTION;
• LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA;
• COSTS OF REPLACEMENT OR SUBSTITUTE SERVICES;
• COSTS OF RESTORING DATA OR SYSTEMS; OR
• LOSSES ARISING FROM CUSTOMER'S COMMITMENTS TO THIRD PARTIES,

ARISING OUT OF OR RELATING TO THE SERVICES, AI OUTPUT, ACTIONS, CUSTOMER APPLICATIONS, THIRD-PARTY SERVICES, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WHITEBOSS HAS BEEN ADVISED OF, KNEW OF, OR REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.

36. AI Output and Customer Application Losses

Without limiting any other provision of these Terms, to the maximum extent permitted by law, Whiteboss is not liable for losses arising from or relating to:

• inaccurate AI Output;
• incomplete AI Output;
• hallucinated AI Output;
• insecure AI Output;
• defective AI Output;
• vulnerable code;
• incorrect code;
• omitted functionality;
• incompatible dependencies;
• failed builds;
• incorrect database migrations;
• data corruption caused by AI-generated code or Customer instructions;
• security vulnerabilities in a Customer Application;
• errors in authentication or authorization;
• incorrect business logic;
• incorrect billing, pricing, tax, or payment logic;
• inaccurate generated content;
• Customer's deployment or distribution of AI Output;
• Customer's reliance on AI Output;
• Customer's failure to review or test AI Output;
• Customer's failure to implement appropriate safeguards; or
• consequences of Actions authorized, approved, or initiated by Customer.

37. Third-Party and Customer-Caused Losses

To the maximum extent permitted by law, Whiteboss is not liable for losses caused by or arising from:

• a Third-Party Service;
• an upstream service provider;
• Customer;
• an End User;
• Customer's employees, contractors, agents, or affiliates;
• Customer's account configuration;
• Customer's infrastructure;
• Customer's integrations;
• Customer's credentials;
• Customer's failure to maintain backups;
• Customer's violation of third-party terms;
• Customer's misuse of the Services; or
• circumstances outside Whiteboss's reasonable control.

38. Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF WHITEBOSS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND PERSONNEL ARISING OUT OF OR RELATING TO THE SERVICES, AI OUTPUT, ACTIONS, CUSTOMER APPLICATIONS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT ACTUALLY PAID BY CUSTOMER TO WHITEBOSS FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
2. EUR 100.

THIS LIMIT APPLIES IN THE AGGREGATE TO ALL CLAIMS AND UNDER ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, RESTITUTION, AND OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

39. Foreseeability and Failure of Essential Purpose

The exclusions and limitations in these Terms apply even if:

• a loss was foreseeable;
• Whiteboss was advised of the possibility of the loss;
• Whiteboss knew or reasonably should have known that the loss could occur; or
• any limited remedy fails of its essential purpose,

in each case to the maximum extent permitted by applicable law.

40. Basis of the Bargain

Customer acknowledges that the disclaimers, exclusions, indemnities, and limitations of liability contained in these Terms are material elements of the agreement between Customer and Whiteboss.

The parties acknowledge that the pricing and availability of the Services reflect this allocation of risk and that Whiteboss would not provide the Services on the same commercial terms without these provisions.

41. Amounts Not Subject to Customer Liability Limitations

Unless expressly stated otherwise, any limitation of Customer's liability under these Terms does not limit:

• Customer's payment obligations;
• Customer's indemnification obligations;
• liability arising from Customer's infringement or misappropriation of Whiteboss's intellectual-property rights;
• Customer's fraudulent conduct; or
• liabilities that cannot lawfully be limited.

42. Mandatory Rights

Nothing in these Terms excludes, restricts, or limits liability or rights to the extent such exclusion, restriction, or limitation is prohibited by applicable law.

Where applicable law does not permit the exclusion of a warranty or limitation of liability stated in these Terms, the relevant exclusion or limitation will apply to the maximum extent permitted by law.

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence where such liability cannot lawfully be excluded, or any other liability that applicable law does not permit the parties to exclude or limit.

43. Consumer Rights

If Customer is a consumer and mandatory consumer-protection law applies, nothing in these Terms limits any non-waivable statutory rights Customer has under applicable law.

Any arbitration, class-action waiver, forum-selection provision, damages limitation, warranty disclaimer, indemnification obligation, or other contractual restriction in these Terms applies to a consumer only to the extent permitted by mandatory applicable law.

44. Actions and Permissions

Customer is solely responsible for deciding what permissions, credentials, account access, repository access, infrastructure access, database access, API permissions, payment permissions, deployment permissions, and other capabilities Customer grants to the Services.

Customer is responsible for reviewing and approving Actions where approval functionality is provided.

Customer acknowledges that granting the Services authority to perform an Action may cause immediate or irreversible effects.

Customer must apply heightened review before authorizing Actions involving:

• production deployments;
• database deletion or modification;
• deletion of files or resources;
• changes to authentication or authorization;
• access-control modifications;
• financial transactions;
• purchases;
• external communications;
• public publication;
• transmission of sensitive data;
• modification of production infrastructure;
• changing DNS or domain configuration;
• changing secrets or credentials; or
• other actions reasonably capable of causing material harm.

45. Safety and Security Features

Whiteboss may provide security warnings, confirmation dialogs, review steps, sandboxing, permission controls, branch protections, vulnerability scanning, attribution information, license information, filtering, or other safeguards.

Customer is responsible for appropriately considering and using such safeguards.

Customer assumes the risks associated with disabling, bypassing, ignoring, circumventing, or failing to use safeguards made available by Whiteboss.

46. Automated Systems Do Not Transfer Customer Responsibility

Use of artificial intelligence, agents, automation, code generation, automated deployment, or other automated functionality does not relieve Customer of any responsibility, obligation, duty, or liability that would otherwise apply if Customer had manually designed, developed, configured, tested, deployed, operated, distributed, published, sold, or maintained the applicable Customer Application, product, service, content, or Action.

47. Duty to Mitigate

Customer must take commercially reasonable steps to mitigate losses after discovering or reasonably suspecting an error, vulnerability, defect, security incident, or other problem.

Such steps may include, where appropriate:

• stopping use;
• disabling affected functionality;
• rolling back a deployment;
• restoring backups;
• revoking credentials;
• isolating affected systems;
• applying a patch;
• following Whiteboss remediation instructions; or
• notifying affected persons or authorities where legally required.

Whiteboss is not responsible for avoidable losses that materially increase because Customer fails to take commercially reasonable mitigation measures.

48. E-Commerce, Payments, and Customer Transactions

Where Customer uses a Customer Application to sell, advertise, facilitate, or provide products or services, Customer is solely responsible for:

• products and services offered;
• product safety;
• product descriptions;
• pricing;
• taxes;
• fulfillment;
• shipping;
• refunds;
• returns;
• cancellations;
• chargebacks;
• consumer-protection compliance;
• payment-provider configuration;
• sanctions compliance;
• applicable anti-money-laundering obligations;
• licenses and registrations; and
• disputes with purchasers or users.

Whiteboss is not the seller, merchant, supplier, or provider of Customer's products or services solely because Customer uses the Services.

49. No Agency, Partnership, Joint Venture, or Fiduciary Relationship

Nothing in these Terms creates any partnership, joint venture, franchise, employment, agency, fiduciary, professional, or similar relationship between Customer and Whiteboss.

Customer has no authority to bind Whiteboss or incur obligations on Whiteboss's behalf.

Customer must not make representations, warranties, guarantees, or commitments on behalf of Whiteboss without Whiteboss's prior written authorization.

50. Force Majeure

Whiteboss will not be liable for delay, failure, interruption, or degradation of the Services resulting from circumstances beyond Whiteboss's reasonable control, including:

• natural disasters;
• fire;
• flood;
• earthquake;
• epidemic or pandemic;
• war;
• terrorism;
• civil unrest;
• government action;
• sanctions;
• court orders;
• labor disputes;
• utility failures;
• internet failures;
• telecommunications failures;
• widespread cloud failures;
• cyberattacks not caused by Whiteboss's failure to exercise legally required care;
• upstream provider failures; or
• other events beyond Whiteboss's reasonable control.

51. Informal Dispute Resolution

Before commencing formal proceedings, each party will attempt in good faith to resolve any dispute arising out of or relating to the Services or these Terms.

The party asserting the dispute must provide written notice describing:

• the nature of the dispute;
• the relevant facts;
• the relief requested; and
• sufficient information to permit the other party to evaluate the dispute.

The parties will attempt in good faith to resolve the dispute for at least thirty (30) days following receipt of the notice before commencing formal proceedings, except where immediate injunctive or other emergency relief is reasonably necessary.

52. Business-User Arbitration

To the extent permitted by applicable law, if Customer uses the Services in connection with a trade, business, profession, company, organization, or other commercial activity, any dispute not resolved through the informal dispute-resolution process will be resolved by final and binding arbitration in accordance with the arbitration rules specified by Whiteboss in these Terms or the applicable Order Form.

Any arbitration will be conducted on an individual basis unless Whiteboss expressly agrees otherwise.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief where necessary to protect intellectual property, confidential information, security, systems, or prevent unauthorized use of the Services.

53. Class and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT DISPUTES WILL BE BROUGHT ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

NO ARBITRATOR MAY CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR ENTITY WITHOUT THE EXPRESS AGREEMENT OF THE PARTIES, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.

This section applies to consumers only to the extent permitted by mandatory applicable law.

54. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

This provision does not apply where such waiver is prohibited by applicable law.

55. Small Claims and Equitable Relief

Nothing in these Terms prevents either party from:

• bringing an eligible individual claim in small-claims court;
• seeking urgent injunctive relief;
• seeking relief for unauthorized access, misuse, or abuse of systems;
• seeking relief concerning infringement or misappropriation of intellectual property; or
• pursuing any remedy that applicable law does not permit the parties to waive.

56. Governing Law and Venue

These Terms are governed by the law identified in Whiteboss's general Terms of Service or the applicable Order Form, without regard to conflict-of-laws principles.

Any dispute not subject to arbitration must be brought in the courts identified in Whiteboss's general Terms of Service or applicable Order Form, except where mandatory applicable law grants a consumer or other party a non-waivable right to bring proceedings elsewhere.

57. No Third-Party Beneficiaries

Except where these Terms expressly provide rights or protections to Whiteboss's affiliates, licensors, suppliers, service providers, personnel, successors, or assigns, these Terms do not create rights enforceable by any other third party.

58. Termination and Suspension

Whiteboss may terminate or suspend Customer's access to the Services as provided in these Terms, including for:

• material breach;
• nonpayment;
• prohibited use;
• legal or regulatory requirements;
• security risk;
• abuse;
• fraud;
• intellectual-property violations;
• upstream-provider restrictions; or
• conduct reasonably likely to expose Whiteboss or third parties to material harm.

Termination does not relieve Customer of obligations accrued before termination.

59. Survival

Any provision that by its nature should survive termination or expiration will survive, including provisions concerning:

• accrued payment obligations;
• intellectual property;
• Customer responsibilities;
• ownership;
• confidentiality;
• indemnification;
• warranty disclaimers;
• exclusions of damages;
• limitations of liability;
• dispute resolution;
• governing law; and
• interpretation and enforcement of these Terms.

60. Severability and Reformation

If any provision of these Terms is held to be illegal, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

Where permitted, the provision will be modified only to the minimum extent necessary to make it enforceable while preserving its intended commercial effect as closely as possible.

The remaining provisions will remain in full force and effect.

61. No Waiver

A party's delay or failure to exercise any right or remedy does not waive that right or remedy.

A waiver is effective only if made expressly and in writing by an authorized representative of the waiving party.

62. Entire Agreement

These Terms, together with any applicable Order Form, Data Processing Agreement, Product Terms, Usage Policies, Service Level Agreement, and other documents expressly incorporated by reference, constitute the entire agreement between Customer and Whiteboss concerning the subject matter of these Terms.

Customer acknowledges that it has not relied on any representation, promise, statement, warranty, marketing material, sales communication, support communication, demonstration, AI-generated statement, or other communication not expressly incorporated into the agreement.

63. Order of Precedence

If there is a conflict among contractual documents, the following order of precedence applies unless expressly stated otherwise in an applicable Order Form:

1. the applicable Order Form;
2. any negotiated Enterprise or Business Terms;
3. any applicable Data Processing Agreement solely with respect to data-protection matters;
4. these Terms;
5. applicable Product Terms;
6. applicable Usage Policies; and
7. documentation.

64. Amendments to the Services and Terms

Whiteboss may update the Services, documentation, policies, and these Terms from time to time, subject to any notice or consent requirements imposed by applicable law.

Where required by applicable law, Whiteboss will provide advance notice of material changes.

Continued use of the Services following the effective date of an update constitutes acceptance of the updated Terms to the extent permitted by law.

65. Notices

Where permitted by applicable law, Whiteboss may provide notices concerning the Services or these Terms by:

• email;
• in-product notification;
• account dashboard;
• publication within the Services; or
• another reasonable electronic method.

Customer is responsible for maintaining accurate contact information.

66. Assignment

Customer may not assign or transfer these Terms without Whiteboss's prior written consent, except where applicable law provides otherwise.

Whiteboss may assign or transfer these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, financing, sale of substantially all relevant assets, or transfer of the applicable business.

67. Maximum Lawful Effect

The parties intend the disclaimers, indemnities, exclusions, limitations, risk allocations, and other protections in these Terms to be given the maximum effect permitted by applicable law.

If applicable law prevents a provision from applying in its stated form, the provision will apply to the fullest extent lawfully enforceable without invalidating the remainder of these Terms.

§ 14. The Service Provider's intellectual property

1. Elements of the Application belonging to the Service Provider or used by it under appropriate rights, particularly the name, logo, interface, graphic materials, platform software and its code, are legally protected.

2. The Customer may use those elements to the extent necessary to use the Service in accordance with the Agreement. Entering into the Agreement does not transfer intellectual property rights to the Whiteboss platform.

3. Protection of the platform does not mean that the Service Provider acquires rights to Customer Content or to all the code of an application created by the Customer.

4. Rights to AI outputs are governed by § 11. Third-party components are subject to the applicable licences.

5. The use of protected elements in a manner that infringes the rights of the Service Provider or third parties is prohibited.

§ 15. Out-of-court dispute resolution – Consumers and Business Customers with Consumer Rights

1. A Consumer may use available out-of-court procedures for handling complaints and pursuing claims.

2. Information on available procedures may be obtained from district or municipal consumer ombudsmen, the Provincial Inspectorates of the Trade Inspection, and the Office of Competition and Consumer Protection, particularly at https://uokik.gov.pl.

3. The availability of a particular procedure to a Business Customer with Consumer Rights depends on the provisions governing that procedure. The Terms do not automatically grant rights reserved exclusively for Consumers.

4. If a dispute remains unresolved following a complaint, the Service Provider provides information and statements concerning out-of-court dispute resolution where required by law.

5. Using an out-of-court procedure does not limit the right to bring proceedings before a court.

§ 16. Personal data

1. Information about the processing of personal data by the Service Provider as a controller is provided in the Privacy Policy at https://whiteboss.ai/legal/privacy-policy.

2. The Service Provider's role in relation to data processed in Customers' applications is determined in accordance with the actual scope of its activities and applicable law. If the Service Provider processes personal data on behalf of the Customer, an appropriate data processing agreement applies.

3. The Customer is responsible for the lawfulness of the processing it carries out, particularly for having an appropriate legal basis, fulfilling information obligations, access permissions and ensuring that data transfers comply with the law.

4. The Service Provider is responsible for the obligations arising from its own role in the processing. Acceptance of the Terms does not constitute general consent by third parties to the processing of their data and does not replace a data processing agreement.

5. The transfer of data to AI providers and other subcontractors must comply with the applicable rules for entrusting data processing, the legal bases for processing and the requirements for transferring data outside the European Economic Area.

6. Restrictions on permissible categories of data are set out in § 3.

§ 17. Changes to the Service – Consumers and Business Customers with Consumer Rights

1. This section applies to Consumers and Business Customers with Consumer Rights to the extent provided for in the Consumer Rights Act.

2. The Service Provider may make a change to the Service that is not necessary to maintain its conformity with the Agreement if the Agreement permits it and there is a justified reason, particularly:

   • a) the need to adapt to changes in devices, browsers or technologies used to access the Service;
   • b) improvement of existing functions or addition of new ones;
   • c) the need to comply with applicable law;
   • d) the need to eliminate a security threat.

3. The change may not result in additional costs for the Customer.

4. The Service Provider informs the Customer of the change in a clear and comprehensible manner.

5. If the change significantly and adversely affects access to or use of the Service, the Service Provider gives sufficiently early notice, on a durable medium, of the characteristics and date of the change and the right to terminate the Agreement.

6. In the case specified in paragraph 5, the Customer may terminate the Agreement without a notice period within 30 days of the change being made or of being informed of it, if the information was provided later.

7. The right to terminate may not apply if the Service Provider offers, at no additional cost, the option to keep the Service unchanged and in conformity with the Agreement, on the terms set out in the Act.

8. A termination notice may be sent to hello@whiteboss.ai. Settlement and the effects of termination are determined in accordance with applicable law, while preserving rights to data and content.

§ 18. Amendments to the Terms

1. The Service Provider may amend the Terms for a justified reason, particularly:

   • a) a change in the law requiring the Terms to be adapted;
   • b) the introduction of new services or functions requiring rules for their use;
   • c) technical or security changes affecting the way the Service is used;
   • d) a change in the Service Provider's details or contact methods.

2. An amendment should be related to its reason and may not be used to circumvent restrictions on changes to the Service, the price or the Customer's rights.

3. The new Terms are published in the Application. A Customer whose existing Agreement is to be affected by an amendment also receives information about the amendments and their effective date by email, in a manner that allows the content to be saved.

4. The new version of the Terms applies to new Agreements from the date specified in it.

5. Applying an amendment to an existing Agreement requires an effective legal or contractual basis and compliance with the applicable notification requirements and the opportunity to terminate the Agreement before the amendment takes effect.

6. If the Customer's express consent is required for an effective amendment, a failure to respond does not replace that consent.

7. A termination notice relating to an amendment to the Terms may be sent to hello@whiteboss.ai. Such termination does not override mandatory rights to recover data or statutory retention obligations. Subject to those obligations, Customer Content associated with a free or unpaid plan may be permanently deleted without prior notice under § 4(25); termination does not create an additional retention or restoration commitment.

§ 19. Final provisions

1. The Terms take effect on 1 October 2026.

2. The Agreement is governed by Polish law. This choice does not deprive a Consumer of the protection afforded by mandatory provisions of the law that would apply in the absence of a choice of law.

3. The parties may attempt to resolve a dispute amicably. Such an attempt is not a condition for exercising statutory remedies.

4. Disputes with Business Customers that do not enjoy the protection afforded to Business Customers with Consumer Rights are resolved by the court having jurisdiction over the Service Provider's registered office, provided that such an agreement on jurisdiction is permissible.

5. In all other cases, the competent court is determined in accordance with applicable law. The Terms do not limit Consumers' statutory rights concerning jurisdiction and the competent court.

6. Matters not governed by the Terms are subject to the applicable provisions of law.

7. The Terms are available at https://whiteboss.ai/legal/terms-of-service.

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