Effective Date: 01.01.2025

These Terms of Use (hereinafter referred to as the “Terms”) govern general principles related to the provision of software development and related services by Kozak Group S.Z.O.O. (hereinafter referred to as the “Company”), and shall form an integral part of each individual service agreement or statement of work (collectively referred to as the “Agreement”) entered into between the Company and a Client (a legal entity) (hereinafter the “Client”).

These Terms are incorporated by reference into the Agreement and do not apply independently. They shall not be construed as creating any binding obligations or rights outside the context of a signed Agreement.

1. Purpose and Applicability

These Terms outline general legal and operational principles applicable to the services rendered by the Company, including but not limited to software development, consulting, implementation, and support.

They are provided for reference and consolidation of standard terms and conditions, and shall apply only in connection with a specific and duly signed Agreement between the Company and the Client.

Use of these Terms without such an Agreement is expressly prohibited and shall have no legal effect.

2. No Offer, No Standalone Commitment

These Terms:

Do not constitute a public or commercial offer;
Do not create any contractual relationship or legal commitment by themselves;
Only an executed Agreement, including scope of services, project details, deliverables, pricing and timeline, shall create legally binding obligations between the Company and the Client.

3. Use of Services and Deliverables

The nature, scope, and timeline of services shall be defined exclusively in the Agreement. Any references to the services or deliverables in these Terms are of general nature only and shall not override the Agreement.

The Client shall use the services and deliverables solely for internal business purposes and in accordance with applicable laws and regulations.

4. Intellectual Property

Unless otherwise explicitly agreed:

All intellectual property rights in deliverables, source code, materials, documentation, and any other outputs provided under the Agreement shall remain the exclusive property of the Company until full payment is received.

5. Confidentiality

The Parties shall maintain confidentiality of any non-public, proprietary, or commercially sensitive information disclosed during the performance of the Agreement or in connection with these Terms, in accordance with the confidentiality provisions set forth in the Agreement and/or Non-disclosure Agreement if applicable. 

6. Warranties and Disclaimer

Unless otherwise explicitly stated in the Agreement:

The services and deliverables are provided “as is” without warranties of any kind, either express or implied;
The Company disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.

7. Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for:

Any indirect, incidental, punitive, special, or consequential damages;
Any loss of profits, business interruption, or loss of data;
Any total liability exceeding the fees paid by the Client under the specific Agreement giving rise to the claim.

8. Governing Law and Jurisdiction

These Terms and the Agreement shall be governed by and construed in accordance with the laws of Poland.

All disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Poland, unless otherwise stated in the Agreement.

9. Amendments

The Company may update these Terms from time to time. However, any updates shall not affect existing Agreements unless both Parties explicitly agree in writing to adopt the updated version.

In case of any conflict between these Terms and the Agreement, the provisions of the Agreement shall prevail.

10.Data Protection and Compliance

The Company is committed to maintaining a high standard of data protection and information security. In the course of its operations, the Company implements appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of all data processed in connection with its services, in accordance with applicable legal and regulatory requirements.

The Company complies with the provisions of the General Data Protection Regulation (GDPR) and other relevant data protection and cybersecurity standards where applicable.

The Company does not process personal data on behalf of the Client unless explicitly agreed in writing. Where processing of personal data on behalf of the Client is necessary, the Parties shall enter into a Data Processing Agreement (DPA) in accordance with Article 28 of the GDPR (or other applicable legislation).

No personal data shall be processed or transferred by the Company as a processor unless and until such DPA is in place.

11. Miscellaneous

These Terms shall survive the termination of any Agreement to the extent necessary to give effect to the rights and obligations of the Parties.

These Terms are made available to the Client solely for integration into a signed Agreement and shall not be used, quoted, or distributed separately.

12.Contact Information

For questions or concerns regarding these Terms of Use, please contact:
Kozak Group S.Z.O.O.,
Ul. Długa 74/5, 31-147 Kraków,
Email: info@kozak-group.com

CEO Name: Mykyta Burka