Terms and conditions

Last Updated: 25/05/2025

Welcome to 5chat! These Terms and Conditions govern your use of the live chat widget (the "Service") provided by 5chat. By accessing or using the Service, you, the User, agree to be bound by these Terms and Conditions. Please read them carefully.

This document, along with any documents expressly incorporated by reference, forms a legally binding agreement between you and 5chat. If you do not agree to these Terms and Conditions, you must not access or use the Service.

I. Introduction and Acceptance of Terms

1.1. Service Provider Identification

The Service is provided by:

• Full legal name: 5chat sp. z o.o. w rejestracji
• Contact email for official communications: [email protected]
• Website: https://5chat.io

The provision of accurate and comprehensive identification details is a fundamental requirement under Polish law, notably the Act on Providing Services by Electronic Means.1 This transparency is essential not only for compliance but also for establishing the legitimacy of the contractual relationship. Failure to provide such information, including KRS, NIP, and REGON numbers for Polish businesses 3, can lead to regulatory scrutiny and may affect the enforceability of these Terms.

1.2. Binding Agreement

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between 5chat ("We", "Us", "Our") and the individual or entity registering for or using the Service ("User", "You", "Your"). Acceptance of these Terms occurs upon the earliest of: creating an account for the Service, clicking an "accept" or similar button or checkbox presented with these Terms, or by accessing or using any part of the Service.5 Such methods of acceptance are crucial for establishing a valid contract under Polish law, which recognizes various forms of contract formation, including electronic acceptance.7

1.3. Eligibility and Authority

To use the Service, You must be at least 18 years of age or the age of legal majority in Your jurisdiction, whichever is greater, and possess the legal capacity to enter into this Agreement.9 If You are using the Service on behalf of a company, organization, or other legal entity, You represent and warrant that You have the full legal authority to bind such entity to these Terms.6 If You do not have such authority, You must not accept these Terms or use the Service on behalf of such entity.

1.4. Amendments to Terms

5chat reserves the right to modify, amend, or update these Terms at its sole discretion at any time. We will notify You of any material changes to these Terms by, for example, sending an email to Your registered email address, posting a notice on Our website, or requiring You to click to accept the updated Terms.13 Such notifications will be provided a reasonable time in advance of the changes taking effect. Your continued use of the Service after the effective date of such changes will constitute Your acceptance of the revised Terms.6 It is Your responsibility to review these Terms periodically for any updates. While "click-wrap" acceptance is generally effective for initial agreement and minor updates, significant amendments, particularly those that might materially alter the rights or obligations of consumers, may benefit from more explicit consent mechanisms to ensure ongoing enforceability under Polish and EU consumer protection principles.7 This approach is particularly relevant where changes could be perceived as detrimental, such as substantial price increases or a reduction in core service features for an existing subscription.

II. Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:

• "Account" means the User's registered account enabling access to and management of the Service.9
• "Applicable Law" means the laws of the Republic of Poland.
• "Confidential Information" means all non-public information disclosed by one Party to the other, designated as confidential or reasonably understood to be confidential, as further defined in Section IX.
• "End-User" or "Visitor" means any individual who visits the User’s Website and interacts with the Service (i.e., the live chat widget).
• "Fees" means the charges payable by the User for access to and use of the Service according to the selected Subscription plan.
• "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.6
• "Party" or "Parties" means 5chat and/or the User, as the context requires.
• "Polish Data Protection Act" means the Polish Act of 10 May 2018 on the Protection of Personal Data (ustawa o ochronie danych osobowych) and any subsequent amendments.
• "RODO" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
• "Service" means the live chat widget software, platform, applications, application programming interfaces (APIs), documentation, updates, and any related services provided by 5chat under this Agreement, enabling real-time communication between the User and their End-Users.9 A comprehensive definition of the Service, including APIs and documentation, is essential as it establishes the precise scope of what the User is licensed to use and what 5chat is obligated to provide, maintain, and support. This clarity directly impacts the application of intellectual property rights, support obligations, and potential limitations of liability.
• "Subscription" means the specific plan selected by the User which determines the features, limitations, and Fees for the use of the Service.
• "Subscription Term" means the period for which the User has subscribed to the Service, as specified in the chosen Subscription plan or Order Form.6
• "User", "Client", "You" means the individual or legal entity that registers for, accesses, or uses the Service.
• "User Content" means any data, text, information, messages, graphics, or other materials that the User, its agents, or its End-Users submit, post, transmit, display, or otherwise make available through the Service, including but not limited to chat conversations and information provided via the chat widget.9 The definition of "User Content" is of particular importance. It must be sufficiently broad to encompass all data transmitted via the widget. Critically, this definition helps to delineate responsibilities: the User is responsible for the legality of this content and for obtaining all necessary consents from End-Users for its collection and processing, especially concerning personal data. This delineation is vital for allocating liability under data protection laws such as RODO.5
• "User’s Website" means the website(s) owned or operated by the User on which the User installs and uses the Service.

III. Description of Services

3.1. Scope of the Live Chat Widget Service

The Service consists of a Software-as-a-Service (SaaS) platform providing a live chat widget that Users can install on their User’s Websites.18 This widget is designed to facilitate real-time text-based communication between the User (or their designated agents) and End-Users visiting the User’s Website. Key functionalities may include, but are not limited to, customizable chat interfaces, chat history logs, agent management tools, and visitor information display, subject to the specific Subscription plan chosen by the User. The Service is hosted on 5chat's servers or those of its authorized third-party infrastructure providers and is accessed by the User remotely via the internet.

3.2. Service Availability and Support

5chat will use commercially reasonable efforts to ensure the Service is available to the User 24 hours a day, 7 days a week. However, availability may be subject to limitations, including but not limited to, (a) Planned Downtime (for maintenance, upgrades, etc.), for which We will endeavor to provide reasonable advance notice via Our website or directly to the Account owner, and (b) Force Majeure Events (as defined in Section XVII) or other circumstances beyond Our reasonable control, including internet service provider failures or delays, or denial of service attacks.15

Standard support services for the Service are included with Your Subscription and may include access to Our online knowledge base, FAQs, and email support during Our designated support hours, which are via .19 Response times may vary. Specific service level commitments regarding uptime, support response times, or issue resolution, if any, will be detailed in a separate Service Level Agreement ("SLA"), which, if applicable, will be made available to You and incorporated by reference into these Terms. The inclusion of, or reference to, an SLA is important, particularly for business Users in Poland, as it provides measurable standards for service performance and helps manage expectations regarding service quality and reliability.18 While "commercially reasonable efforts" is a common contractual standard, an SLA offers more concrete assurances, which can be crucial if the live chat functionality is integral to the User's business operations.

3.3. Service Updates and Modifications

5chat is continuously working to improve the Service and reserves the right, in its sole discretion, to update, modify, enhance, or discontinue features or functionalities of the Service from time to time.15 We will endeavor to provide You with reasonable notice of any material changes or discontinuation of significant features, where feasible and appropriate. Such changes may be made without prior notice if they are non-material or are required for security or legal compliance reasons. 5chat shall not be liable to You or any third party for any modification, suspension, or discontinuation of the Service or any part thereof, except as may be expressly stipulated in an applicable SLA or as required by consumer protection laws. It is understood that while SaaS providers require agility to evolve their products, any modification that significantly and detrimentally alters the core service for which a consumer has an ongoing, pre-paid subscription could, under EU and Polish consumer law, provide grounds for termination or other remedies for the consumer, notwithstanding general clauses permitting modification.7 The exercise of this right to modify will therefore be balanced with fairness, particularly towards consumers with active subscriptions.

3.4. Trial Periods (if applicable)

5chat may offer a free trial period for the Service ("Trial Period") at its discretion. The duration, available features, and specific terms of any Trial Period will be communicated to You at the time of sign-up for the trial.23 During the Trial Period, the Service is provided "AS IS" and without any warranties, to the extent permitted by law. 5chat may or may not require You to provide payment information to start a Trial Period.23 If payment information is required, You will not be charged until the Trial Period expires, unless You cancel prior to its expiration. Upon the expiration of the Trial Period, if You have not cancelled and have provided payment information, Your Account will automatically convert to the paid Subscription plan selected or the default paid plan, and You will be billed the applicable Fees. If You do not wish to continue with a paid Subscription after the Trial Period, You must cancel Your trial before its expiration. There will be no refunds or credits for partial Trial Periods.

IV. Account Registration and Security

4.1. Account Creation

To access and use the Service, You must register for an Account. When registering, You agree to provide information that is accurate, current, and complete as prompted by the registration form.9 You also agree to maintain and promptly update Your Account information to keep it accurate, current, and complete. 5chat reserves the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You shall not use a false identity, impersonate any other person or entity, or use a username or password that You are not authorized to use.9

4.2. Account Holder Responsibilities

You are solely responsible for all activities that occur under Your Account, whether or not authorized by You.10 This responsibility is directly linked to Your adherence to the Acceptable Use Policy outlined in Section VI. Should Your Account be compromised and subsequently used for activities that violate these Terms, You, as the registered Account holder, may be held primarily accountable, underscoring the importance of robust security practices on Your part. You are responsible for maintaining the confidentiality of Your Account credentials, including Your username and password, and for restricting access to Your computer and devices.6 It is strongly recommended that You do not share Your Account details with any third party.9 5chat will not be liable for any loss or damage arising from Your failure to comply with these security obligations, such as losses incurred due to unauthorized use of Your Account resulting from Your negligence.9 While SaaS providers typically disclaim liability for unauthorized access stemming from user negligence, it is important to recognize that 5chat retains obligations under RODO to implement appropriate technical and organizational measures to protect all personal data processed, including Account credentials stored on Our systems. A significant security breach originating from Our side due to inadequate security measures could lead to Our liability, notwithstanding this clause. This provision primarily addresses user-side security lapses.

4.3. Security Breach Notification

You agree to notify 5chat immediately at of any unauthorized use of Your Account, Your password, or any other breach of security of which You become aware.9 Prompt notification enables both You and 5chat to take appropriate steps to mitigate potential harm or further unauthorized access.

V. Fees, Payments, and Purchases

5.1. Subscription Plans and Fees

The Service is offered under various subscription plans ("Subscription Plans"), each with associated fees ("Fees") and features. Details of current Subscription Plans, their respective features, and applicable Fees are available on Our website at (the "Pricing Page").9 The Fees are due in advance for each subscription period ("Subscription Term") as specified in the selected Subscription Plan.15 All Fees are quoted in unless otherwise specified.

5.2. Billing Cycle and Payment Methods

The billing cycle for Your Subscription will be either monthly or annually, or as otherwise agreed, based on the Subscription Plan You select.23 You agree to provide 5chat with valid, up-to-date, and complete payment information (e.g., credit card details, bank account information for direct debit).9 Accepted payment methods are listed on Our Pricing Page or will be specified during the checkout process and may include .13 You authorize 5chat or its third-party payment processor to charge Your chosen payment method for all applicable Fees on a recurring basis in accordance with Your Subscription Plan.11 Invoices for Fees paid will be sent to Your registered email address or made available within Your Account dashboard.13

5.3. Automatic Renewal

UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE CURRENT SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION TERM AT THE THEN-CURRENT NON-PROMOTIONAL FEE FOR SUCH SUBSCRIPTION PLAN.13 You may cancel Your Subscription at any time through Your Account settings or by contacting Our support team at . Instructions for cancellation are available in Our help documentation or Your Account portal.23 The automatic renewal of subscriptions is a standard model in SaaS but is subject to transparency requirements, especially under consumer protection laws.20 For Users who are consumers in Poland, clear and prominent disclosure of the auto-renewal terms and the provision of a straightforward cancellation mechanism are essential to ensure informed consent and to avoid potential claims of unfair contract terms.14

5.4. Price Changes

5chat reserves the right to change the Fees for its Subscription Plans at any time. We will provide You with reasonable prior notice of any Fee changes, typically at least thirty (30) days before the changes become effective.9 Price changes for existing Subscriptions will take effect at the start of Your next renewal Subscription Term following the notice period. If You do not agree to the Fee change, Your sole remedy is to cancel Your Subscription before the new Fees apply. For consumers with ongoing subscriptions, particularly those pre-paid for an extended term, any significant price increase applied at renewal must be communicated with adequate notice and a clear option to terminate, to comply with Polish consumer law principles of fairness and transparency.

5.5. Taxes

All Fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added tax (VAT), sales tax, use tax, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes").15 You are responsible for paying all Taxes associated with Your purchases hereunder. If 5chat has the legal obligation to pay or collect Taxes for which You are responsible under this section, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. As 5chat is a company based in Poland, We will charge VAT in accordance with applicable Polish and European Union regulations.

5.6. Late Payments and Non-Payment

If any undisputed Fees owed by You are not received by the due date, then without limiting Our rights or remedies, (a) We may charge late interest on the overdue amount at the rate of % per month or the maximum rate permitted by Polish law, whichever is lower, from the date such payment was due until the date paid; and/or (b) We may suspend Your access to the Service until such amounts are paid in full.13 We will provide You with at least days' prior notice that Your account is overdue before suspending Services. If Your failure to pay continues for days beyond the due date, We may terminate Your Account and this Agreement. You agree to reimburse 5chat for any costs or expenses (including reasonable attorneys' fees) incurred in collecting any undisputed overdue Fees from You.13

5.7. Refund Policy

ALL FEES PAID ARE NON-REFUNDABLE, except as expressly stated otherwise in these Terms or as required by Applicable Law (particularly in relation to consumer rights as outlined in Section XV).13 We do not provide refunds or credits for any partial Subscription periods, for any features or services that You do not use, for any downgrades of Your Subscription Plan, or for any unused time remaining on Your Subscription if You cancel Your Account before the end of the Subscription Term.13 This policy applies even if You choose not to actively use the Service during Your Subscription Term.23 The "no refund" policy is standard for many B2B SaaS agreements. However, for B2C transactions in Poland, this must be carefully aligned with the mandatory consumer right of withdrawal for digital services (see Section XV). The general "no refund" stance could be unenforceable against consumers during their initial statutory withdrawal period unless the conditions for the loss of that right are met and clearly communicated.

VI. User Obligations and Acceptable Use Policy

6.1. Compliance with Laws

You agree to access and use the Service in full compliance with all applicable local, state, national, and international laws, rules, and regulations. This includes, but is not limited to, Polish law, the laws of Your jurisdiction, data privacy and protection laws (such as RODO and the Polish Data Protection Act), laws concerning online conduct, intellectual property laws, and laws related to the transmission of technical or personal data.6 Your obligation to comply with data privacy laws is particularly significant when using the live chat widget, as it involves processing personal data of Your End-Users. Failure to adhere to these laws, including obtaining necessary consents for processing End-User data, could expose both You and 5chat (as a data processor) to regulatory actions and reputational harm. This underscores the critical importance of the Data Processing Agreement (DPA) referenced in Section VIII.

6.2. Prohibited Uses of the Service

You shall not, and shall not permit any third party (including Your agents or End-Users) to, use the Service to engage in any of the following prohibited activities:

• Transmitting, uploading, posting, or distributing any content that is unlawful, illegal, harmful, fraudulent, defamatory, obscene, pornographic, libelous, abusive, threatening, harassing, hateful, racially or ethnically offensive, or otherwise objectionable as determined by 5chat in its sole discretion.9
• Infringing upon or violating the Intellectual Property Rights of 5chat or any third party, including copyrights, patents, trademarks, and trade secrets.13
• Transmitting, distributing, or storing any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, spyware, or any other harmful or malicious computer code, files, or programs.13
• Engaging in any activity that constitutes or promotes "spamming," "phishing," "junk mail," "chain letters," "pyramid schemes," or other unsolicited or unauthorized advertising or promotional materials.9
• Attempting to gain unauthorized access to the Service, other User Accounts, or 5chat's computer systems, networks, or data, through hacking, password mining, or any other means.15
• Interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, or violating the regulations, policies, or procedures of such networks.15
• Using the Service to collect, store, process, or transmit Sensitive Personal Information (which includes, but is not limited to, financial account numbers, social security numbers or national identity numbers, passport numbers, driver’s license numbers, health information, biometric data, or special categories of personal data as defined under RODO Article 9, such as racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, or data concerning health or sex life), unless explicitly agreed in writing with 5chat as part of a specific service offering designed for such data and subject to additional terms and security measures.24 The live chat Service is generally not designed for the high-security requirements of such data, and this prohibition is a critical risk mitigation strategy. Attempting to use the Service for such purposes without explicit agreement may lead to immediate suspension or termination and limits Our liability in the event of a data breach involving such information.
• Violating the privacy of End-Users or any third party, or collecting, using, or disclosing their personal data through the Service without obtaining all necessary and legally compliant consents, providing adequate privacy notices, and otherwise complying with all applicable data protection laws.
• Using any automated system, including "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to 5chat's servers than a human can reasonably produce in the same period by using a conventional online web browser (except for public search engines for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials).
• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service, except to the extent expressly permitted by Applicable Law.

5chat reserves the right, but is not obligated, to investigate any violation of this Acceptable Use Policy or misuse of the Service. We may, in Our sole discretion, suspend or terminate Your access to the Service for any violation of these provisions without prior notice if the violation is severe or poses an immediate threat.

6.3. Responsibility for User Content and End-User Interactions

You are solely and exclusively responsible for all User Content that You, Your agents, or Your End-Users submit, transmit, display, or otherwise make available using the Service through Your Account. This includes the legality, accuracy, quality, and integrity of such User Content. You are also solely responsible for the conduct of Your agents (e.g., customer service representatives using the chat) and Your End-Users who interact via the chat widget installed on Your Website(s).

You represent and warrant that You have obtained, and will maintain, all necessary rights, licenses, consents, permissions, and authorizations (including from Your End-Users) to lawfully collect, use, process, share, and transmit User Content in connection with the Service and as contemplated by this Agreement and Your privacy policy.5 This is particularly critical for personal data of End-Users processed via the Service. 5chat does not own, control, or endorse User Content and assumes no responsibility or liability for User Content or for any loss or damage Your or any third party may incur as a result of User Content. While 5chat has no obligation to monitor User Content, We reserve the right, in Our sole discretion, to review, screen, remove, or edit any User Content that violates these Terms or is otherwise objectionable, without notice.10

VII. Intellectual Property Rights

7.1. Ownership of the Service

5chat and/or its licensors are and will remain the sole and exclusive owners of all right, title, and interest in and to the Service. This includes, but is not limited to, the underlying software, platform, applications, APIs, designs, graphics, text, documentation, features, functionalities, know-how, trade secrets, and all modifications, enhancements, and derivative works thereof, as well as 5chat's trademarks, service marks, logos, and branding (collectively, "5chat IP").6 This Agreement does not grant You any ownership rights in or to the 5chat IP or any other Intellectual Property Rights owned by 5chat or its licensors. Except for the limited license expressly granted in Section 7.2, no other rights, licenses, or immunities are granted to You, whether by implication, estoppel, or otherwise. You are not granted any rights to use 5chat's trademarks or service marks unless they are inherently part of the Service as provided to You (e.g., a "Powered by " mark on the widget, if applicable and non-removable).13

7.2. License Granted to User

Subject to Your full and ongoing compliance with all terms and conditions of this Agreement, including timely payment of all applicable Fees, 5chat grants You, during the Subscription Term, a limited, non-exclusive, non-transferable (except as permitted under Section XVII.3), non-sublicensable, and revocable license to access and use the Service. This license is granted solely for Your internal business purposes of enabling and managing live chat communications on Your Website(s) with Your End-Users, and strictly in accordance with the functionalities provided by Your chosen Subscription Plan and any accompanying documentation.15 This license extends to any client-side software components or code snippets (e.g., JavaScript) provided by 5chat that You are required to embed on Your Website(s) to enable the Service. The scope of this license is important, particularly under Polish copyright law which can have specific considerations for software components, even within a SaaS model.18 The clear definition of this license ensures that Your use of all necessary parts of the Service, including any such embedded code, is properly authorized.

You shall not, and shall not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works based on the Service or any part thereof; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or any features or functionality of the Service, to any third party for any reason, including by framing or mirroring any part of the Service, or by creating a competitive product or service; (c) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Service or any part thereof, except as and only to the extent expressly permitted by Applicable Law despite this limitation; (d) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) from the Service; or (e) use the Service for any purposes prohibited by Section VI (Acceptable Use Policy) or for any other purpose not expressly permitted by this Agreement.12

7.3. User Content Ownership and License to 5chat

As between You and 5chat, You retain all right, title, and interest in and to Your User Content.10 You hereby grant to 5chat and its authorized third-party service providers a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (solely to the extent necessary to engage subcontractors for service provision), and transferable (in connection with an assignment of this Agreement) license to host, store, access, use, reproduce, modify (e.g., for formatting or display purposes), adapt, process, publish, transmit, display, and distribute Your User Content. This license is granted solely to the extent necessary for 5chat to: (a) provide, maintain, support, and improve the Service for You; (b) prevent or address service, security, support, or technical issues; (c) comply with Applicable Law or any valid legal order; and (d) as otherwise expressly permitted by You in writing or as set forth in this Agreement and Our Privacy Policy. The careful drafting of this license is essential. It must be broad enough to allow Us to perform necessary operations (e.g., storing chat logs, performing backups, potentially analyzing data in an anonymized and aggregated form for service improvement if this is clearly disclosed in Our Privacy Policy and, where applicable, the DPA), but it must not overreach into Your intellectual property rights in Your User Content. This license will terminate upon the termination of this Agreement and the deletion of Your User Content from the Service in accordance with Our data retention and deletion policies, subject to any technical limitations regarding backup systems.

7.4. Feedback

If You or any of Your employees, agents, or End-Users provide 5chat with any suggestions, ideas, enhancement requests, feedback, recommendations, or other information relating to the Service ("Feedback"), You hereby grant 5chat a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, incorporate, implement, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such Feedback in any manner and for any purpose, including in connection with the Service and any other products or services, without any obligation, attribution, or compensation to You or any third party.15 You represent and warrant that You have all necessary rights to grant such a license for any Feedback provided.

VIII. Data Protection and Privacy

8.1. Compliance with Data Protection Laws

Both 5chat and the User agree to comply with all applicable data protection and privacy laws and regulations in connection with the processing of personal data under this Agreement. This includes, but is not limited to, the RODO (General Data Protection Regulation (EU) 2016/679) and the Polish Data Protection Act.1 The Polish Electronic Communications Law (ECL) also aligns with RODO and introduces specific requirements for online communication services, including potentially accessibility standards for users with disabilities, which could be relevant for the design and provision of the live chat widget.1

8.2. Roles of the Parties (Controller/Processor)

The roles of the Parties under RODO depend on the specific personal data being processed:

• For User Account Data: With respect to personal data provided by the User or its representatives for the purpose of creating and managing the User's Account, billing, and communication related to the Service (e.g., names, email addresses, contact details of User's employees), 5chat acts as a data controller as defined under RODO.
• For End-User Data: With respect to personal data of End-Users that is collected, transmitted, or processed through the live chat widget installed on the User’s Website (e.g., chat content, names, email addresses provided by End-Users, IP addresses, browser information), the User is the data controller, and 5chat acts as a data processor on behalf of and under the instruction of the User.5

This distinction is fundamental for RODO compliance and dictates the specific obligations of each Party.

8.3. Privacy Policy

5chat's collection, use, and processing of personal data for which it acts as a data controller (such as User Account Data) are governed by Our Privacy Policy, which is available at . The Privacy Policy is hereby incorporated by reference into this Agreement.5 You acknowledge that You have read, understood, and agree to Our Privacy Policy. It is important to understand that these Terms, the Privacy Policy, and the Data Processing Agreement (DPA) form an interconnected suite of documents. They must be consistent and collectively satisfy the comprehensive documentation and transparency requirements of RODO.5

8.4. Data Processing Agreement (DPA)

To the extent that 5chat processes personal data of End-Users on behalf of the User as a data processor, such processing shall be governed by Our Data Processing Agreement ("DPA"), which is available at . The DPA is hereby incorporated by reference into this Agreement and forms an integral part thereof.5 The DPA sets out the specific obligations of both Parties concerning the processing of End-User personal data, in compliance with Article 28 of RODO and other applicable data protection laws. You agree to be bound by the terms of the DPA.

8.5. User's Responsibilities as Data Controller

As the data controller for End-User personal data processed via the Service on Your Website(s), You are solely and exclusively responsible for:

• Ensuring that You have a valid legal basis under RODO (e.g., explicit consent, legitimate interest where appropriate and balanced) for the collection, processing, and transfer of End-User personal data to 5chat through the Service.5
• Providing clear, comprehensive, and easily accessible privacy notices to Your End-Users on Your Website(s). These notices must inform End-Users about Your use of the live chat widget, the types of personal data collected, the purposes of processing, the involvement of 5chat as a data processor, any international data transfers, End-User rights, and how to exercise them, all in accordance with RODO Articles 13 and 14.1 5chat may provide guidance or configurable tools to assist with this, but ultimate responsibility remains with You.
• Implementing and managing appropriate mechanisms for obtaining and recording any necessary consents from End-Users.
• Responding to and fulfilling requests from End-Users exercising their rights under RODO (e.g., rights of access, rectification, erasure, restriction of processing, data portability, objection). 5chat will provide reasonable assistance to You in fulfilling such requests, as further detailed in the DPA.
• Ensuring that Your instructions to 5chat for the processing of End-User personal data are lawful.

The clear delineation of these responsibilities is crucial. While 5chat provides the technological tool, You deploy it within Your environment and manage the direct interaction with End-Users. Therefore, the primary burden of ensuring lawful data collection and providing transparency to End-Users rests with You.

8.6. Data Security

5chat will implement and maintain appropriate administrative, physical, and technical security measures designed to protect the security, confidentiality, and integrity of personal data processed by the Service against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures will be in accordance with industry standards and RODO requirements (particularly Article 32) and will be further detailed in Our DPA and, where applicable, Our Privacy Policy.5

8.7. Data Transfers

If 5chat transfers personal data processed under this Agreement outside the European Economic Area (EEA) or the United Kingdom (UK) to a country not deemed to provide an adequate level of data protection by the European Commission or relevant UK authorities, such transfers will be conducted in compliance with the requirements of RODO. This will typically involve the use of Standard Contractual Clauses (SCCs) as approved by the European Commission, or other appropriate safeguards as permitted under RODO. Further details regarding international data transfers will be provided in Our DPA.5

IX. Confidentiality

9.1. Definition of Confidential Information

"Confidential Information" means any and all information disclosed by one Party (the "Disclosing Party") to the other Party (the "Receiving Party"), whether orally, visually, or in written, electronic, or other tangible form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. 5chat's Confidential Information includes, but is not limited to, the non-public aspects of the Service, its underlying technology, software, source code, object code, algorithms, technical data, performance information, pricing information not publicly available, business strategies, product development plans, and the terms of any specific agreements with You.15 Your Confidential Information includes, but is not limited to, Your User Content (especially if it contains non-public business data or personal data of Your End-Users), and any non-public business or technical information You provide to Us. The overlap between "User Content" as Confidential Information and its status as potentially containing "Personal Data" under RODO reinforces the critical need for robust security measures by 5chat, as a breach of security could simultaneously constitute a breach of confidentiality and a personal data breach.

Confidential Information does not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without knowledge of any breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.15

9.2. Obligations

The Receiving Party agrees to: (a) take at least reasonable measures to protect the Disclosing Party's Confidential Information from unauthorized use, access, or disclosure, using at least the same degree of care that the Receiving Party uses to protect its own confidential information of a similar nature (but in no event less than a reasonable degree of care); (b) use the Disclosing Party's Confidential Information solely for the purpose of performing its obligations or exercising its rights under this Agreement; and (c) limit access to the Disclosing Party's Confidential Information to its employees, contractors, agents, and legal or financial advisors who have a "need to know" such information for purposes consistent with this Agreement and who are bound by confidentiality obligations at least as protective as those herein. While User Content is Your Confidential Information, the license granted in Section 7.3 allows 5chat to use it for service provision. This confidentiality clause ensures such use does not extend to unauthorized disclosure to third parties outside the scope of providing and supporting the Service.

9.3. Compelled Disclosure

If the Receiving Party is required by Applicable Law, regulation, or a valid and binding order of a court or other governmental authority to disclose any of the Disclosing Party's Confidential Information, the Receiving Party will, to the extent legally permitted, provide the Disclosing Party with prompt written notice of such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, the Receiving Party will furnish only that portion of the Confidential Information that it is legally required to disclose and will exercise reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to the Confidential Information so disclosed.

X. Third-Party Services and Integrations

10.1. Use of Third-Party Services

The Service may contain features designed to interoperate with, or allow You to access or use, third-party applications, services, software, or websites that are not owned or controlled by 5chat ("Third-Party Services"). Examples might include integrations with Customer Relationship Management (CRM) systems, helpdesk platforms, or analytics services. Your use of any Third-Party Service is solely between You and the applicable third-party provider. 5chat does not endorse, is not responsible or liable for, and makes no representations or warranties whatsoever regarding any Third-Party Services, their content, their data handling practices, their security, or the manner in which they operate.9

Any access to or use of Third-Party Services is at Your own risk and is subject to the terms and conditions (including privacy policies) applicable to such Third-Party Services. 5chat is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access, or use of any such Third-Party Services, or Your reliance on the privacy practices, data security processes, or other policies of such Third-Party Services.9 If You enable an integration that allows data to flow between Our Service and a Third-Party Service, You are responsible for understanding how that Third-Party Service will handle Your data. 5chat is not responsible for any disclosure, modification, or deletion of Your data resulting from any such access by Third-Party Service providers. While 5chat disclaims legal liability for the performance or data handling of Third-Party Services, We recognize that the quality and reliability of available integrations can impact Your overall experience with Our Service. We aim to ensure that any officially supported integrations function reasonably well, but the ultimate responsibility for vetting and managing Your use of Third-Party Services lies with You.

XI. Term and Termination

11.1. Subscription Term

This Agreement commences on the date You first accept these Terms (as described in Section 1.2) and continues for the initial Subscription Term You selected for Your Subscription Plan (e.g., monthly, annually).6 Upon expiration of the initial Subscription Term, Your Subscription will automatically renew for successive periods of the same duration, as detailed in Section 5.3 (Automatic Renewal), unless and until terminated by either Party in accordance with these Terms.13

11.2. Termination by User (Cancellation)

You have the right to cancel Your Subscription and terminate this Agreement at any time. You can typically do this through Your Account settings on Our website or by contacting Our customer support team at .23 Such termination will generally be effective at the end of Your then-current Subscription Term for which You have pre-paid.18 As per Our Refund Policy (Section 5.7), no refunds or credits will be provided for any partial or unused portion of the Subscription Term upon Your cancellation, unless otherwise required by Applicable Law (e.g., consumer withdrawal rights as per Section XV).13

11.3. Termination or Suspension by 5chat

5chat may suspend Your access to the Service or terminate Your Account and this Agreement, in whole or in part, under the following circumstances:

• For Cause: If You materially breach any provision of this Agreement (including, without limitation, Your payment obligations under Section V or Your obligations under the Acceptable Use Policy in Section VI) and, if such breach is curable, You fail to cure the breach within days of receiving written notice from Us specifying the breach.9 For certain severe violations (e.g., illegal activities, actions causing immediate harm to the Service or other users), We reserve the right to suspend or terminate access immediately without prior notice or cure period.24
• For Insolvency: If You become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.15
• By Law or Regulation: If We are required to do so by Applicable Law or by order of a competent governmental or regulatory authority.
• For Harmful Conduct: If Your use of the Service is determined by Us, in Our reasonable discretion, to be fraudulent, abusive, or otherwise harmful to 5chat's legitimate business interests, its reputation, the integrity of the Service, or other users.
• For Non-Payment: As detailed in Section 5.6, We may suspend or terminate Your access for non-payment of undisputed Fees. While service suspension for non-payment is a tool to ensure timely payment 20, for services that may be critical to Your business operations, We aim to provide clear warnings and reasonable opportunities to rectify payment issues before a suspension that could significantly disrupt Your operations, reflecting principles of fairness in contractual relationships.7

If 5chat materially breaches this Agreement and fails to cure such breach within thirty (30) days of receiving written notice from You, You may terminate this Agreement for cause. In such an event, if You have pre-paid Fees for a period extending beyond the effective date of termination, You may be entitled to a pro-rata refund of such unused, pre-paid Fees. This reciprocal right of termination for material breach aims to create a balanced agreement.15

11.4. Effect of Termination

Upon any termination or expiration of this Agreement:

• All rights and licenses granted to You under this Agreement will immediately cease, and You must immediately discontinue all access to and use of the Service.
• You will remain liable for all undisputed Fees accrued and payable up to and including the effective date of termination.15
• 5chat's obligations with respect to Your User Content (including any personal data of End-Users) following termination will be governed by the DPA and Our Privacy Policy. Typically, You will have a limited period (e.g., days) following termination to request an export of Your User Content, after which 5chat may delete all Your User Content from its systems in accordance with its data retention and deletion policies.15 This process is critical under RODO, which requires that, at the choice of the controller (You), the processor (5chat) must delete or return all personal data after the end of service provision, unless storage is required by law.
• Each Party will promptly return or, at the other Party's request, destroy all Confidential Information of the other Party in its possession or control, subject to any legal or backup retention requirements.

11.5. Survival of Clauses

Any provisions of this Agreement that, by their nature, should survive termination or expiration will so survive. This includes, without limitation, provisions concerning ownership of intellectual property (Section VII), confidentiality obligations (Section IX), data protection post-termination (as per DPA), warranty disclaimers (Section XII), limitations of liability (Section XIII), indemnification obligations (Section XIV), governing law and dispute resolution (Section XVI), accrued payment obligations, and miscellaneous provisions (Section XVII).15

XII. Warranties and Disclaimers

12.1. 5chat Warranties (Limited)

5chat warrants that it will provide the Service using a commercially reasonable level of skill, care, and diligence in accordance with prevailing industry standards. If You have subscribed to a paid version of the Service, 5chat further warrants that, during the applicable Subscription Term, the Service will perform materially in accordance with any official documentation or service descriptions provided by 5chat for that version of the Service.26

Your sole and exclusive remedy, and 5chat's entire liability, for any breach of the warranty set forth in this Section 12.1 will be, at 5chat's option and expense: (a) to use commercially reasonable efforts to correct or re-perform the non-conforming Service; or (b) if We are unable to correct or re-perform the Service within a reasonable time, You may terminate Your Subscription for the affected Service, and We will provide a pro-rata refund of any pre-paid, unused Fees for the period following the effective date of termination. This limited warranty is void if the failure of the Service results from accident, abuse, misapplication, or use of the Service in a manner inconsistent with this Agreement or its documentation.

12.2. Disclaimer of Warranties

EXCEPT AS EXPRESSLY AND EXPLICITLY PROVIDED IN SECTION 12.1 OF THIS AGREEMENT, THE SERVICE (INCLUDING ALL SOFTWARE, PLATFORM, CONTENT, AND DOCUMENTATION) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.13

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 5chat, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.11

5chat DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.11 YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. 5chat MAKES NO WARRANTY REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR QUALITY OF ANY INFORMATION OR DATA OBTAINED THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 5chat, ITS EMPLOYEES, AGENTS, OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

While "as is" disclaimers are standard, it is important to note that for Users who are consumers under Polish law, such disclaimers cannot override certain mandatory statutory rights. These include the right to a service that conforms with the contract, particularly for digital services as outlined in the Polish Act on Consumer Rights (implementing EU Directive 2019/770).22 If the Service is fundamentally unfit for its described purpose or fails to meet essential functionalities, a consumer may still have remedies available under law, irrespective of broad disclaimers. Similarly, the disclaimer regarding security must be understood in conjunction with Our statutory obligations under RODO (as detailed in Section 8.6) to implement appropriate security measures. This disclaimer limits contractual warranty liability but does not absolve 5chat from its legal duty of care concerning data security.

XIII. Limitation of Liability

13.1. Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 5chat, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF 5chat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.11 THIS LIMITATION APPLIES REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE, OR OTHERWISE.

13.2. Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 5chat'S TOTAL AGGREGATE LIABILITY TO YOU (AND ANY PARTY CLAIMING THROUGH YOU) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO 5chat FOR THE SERVICE DURING THE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.11 IF YOU ARE USING A FREE TRIAL OR A FREE VERSION OF THE SERVICE, 5chat'S TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO . The cap on liability, often tied to fees paid, is a common mechanism to quantify risk in SaaS agreements. It is acknowledged that for free or trial periods, this may result in a very low or nominal contractual liability cap. While this may be acceptable for service-related claims during such periods, liabilities arising from RODO, such as those due to a negligent data breach by Us, might apply beyond this contractual cap if deemed to contravene the protective aims of RODO, particularly where personal data is concerned.

13.3. Exceptions to Limitations

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION XIII SHALL NOT APPLY TO LIABILITY ARISING FROM:

• (a) 5chat'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• (b) DEATH OR PERSONAL INJURY CAUSED BY 5chat'S NEGLIGENCE (TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW);
• (c) 5chat'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION IX THAT RESULTS IN THE UNAUTHORIZED DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION (SUBJECT TO THE OVERALL CAP IN SECTION 13.2 UNLESS OTHERWISE PROHIBITED BY LAW); OR
• (d) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS IS PARTICULARLY RELEVANT FOR CONTRACTS WITH CONSUMERS IN POLAND, WHERE CERTAIN STATUTORY RIGHTS AND PROTECTIONS CANNOT BE WAIVED OR LIMITED BY CONTRACTUAL AGREEMENT.

The enforceability of broad limitation of liability clauses against consumers in Poland is restricted. Clauses that attempt to exclude liability for the non-performance or improper performance of fundamental contractual obligations, or those deemed "abusive" under Polish consumer law (as per the Act on Consumer Rights and related UOKiK oversight), may not be upheld.14 The exceptions outlined herein are vital to ensure compliance with these mandatory legal standards.

13.4. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT 5chat HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS (SECTION XII) AND THE LIMITATIONS OF LIABILITY (THIS SECTION XIII) SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE THAT THESE DISCLAIMERS AND LIMITATIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND 5chat, AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. WITHOUT THESE LIMITATIONS, THE FEES FOR THE SERVICE WOULD LIKELY BE SIGNIFICANTLY HIGHER. This clause aims to support the reasonableness of the limitations by linking them to the overall commercial arrangement.

XIV. Indemnification

14.1. User Indemnification

You agree to defend, indemnify, and hold harmless 5chat, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorneys' fees and legal costs) arising from or relating to:

• (a) Your access to or use of the Service, including any data or content transmitted or received by You, Your agents, or Your End-Users through the Service, if such access or use is in violation of these Terms or Applicable Law.
• (b) Your breach of any term, condition, representation, or warranty of this Agreement.
• (c) Your violation of any third-party right, including, without limitation, any right of privacy, publicity rights, or Intellectual Property Rights. This is particularly critical in the context of a live chat widget; if You misuse the widget to unlawfully collect or process End-User personal data, leading to a claim against 5chat (e.g., as a data processor), this clause allows 5chat to seek recourse from You.11
• (d) Any claim that Your User Content, or the use thereof in connection with the Service, caused damage, harm, or loss to a third party (e.g., claims of defamation, infringement, or privacy violation arising from content transmitted by Your agents or End-Users via the chat widget). This complements Section 6.3 (Responsibility for User Content) by providing a financial remedy for 5chat if held liable for issues originating from Your content.
• (e) Your gross negligence or willful misconduct, or that of Your employees or agents.
• (f) Any dispute between You and Your End-Users.

14.2. Procedure

In the event 5chat seeks indemnification from You under this Section XIV, We will provide You with prompt written notice of the claim, demand, suit, or proceeding (provided that failure to provide prompt notice will not relieve You of Your obligations hereunder except to the extent You are materially prejudiced by such failure). 5chat reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate fully with Us in asserting any available defenses. You agree not to settle any matter for which You have an indemnification obligation without Our prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. You agree to pay or reimburse 5chat for all reasonable attorneys' fees and costs incurred in connection with such defense or settlement.

XV. Specific Provisions under Polish Law (Consumer Rights)

15.1. Application

This Section XV applies specifically if You are a "consumer" as defined under Polish law. A consumer is generally a natural person concluding a legal transaction (such as this Agreement) with an entrepreneur (5chat) which is not directly related to their business or professional activity. Furthermore, certain provisions of Polish consumer law may also apply to a natural person conducting a business activity (sole proprietor) who concludes a contract directly related to their business activity, when the content of that contract indicates that it does not have a professional character for that person, arising in particular from the subject of their business activity made available on the basis of provisions on the Central Registration and Information on Business (CEIDG). 5chat will assess the applicability of these consumer rights based on the information You provide and Applicable Law. The extension of certain consumer protections to sole proprietors under specific conditions requires careful consideration in identifying such users or applying consumer protections more broadly to simplify compliance.

15.2. Information Requirements

5chat is committed to providing all information required by Polish law, including the Act on Consumer Rights of 30 May 2014 and the Act on Providing Services by Electronic Means of 18 July 2002. This information, concerning details about the Service, provider identification (as per Section 1.1), pricing, payment methods, contract duration, termination rights (including the right of withdrawal), and complaint procedures, is made available throughout these Terms, on Our website (including the Pricing Page), and during the order process.1

15.3. Consumer's Right of Withdrawal for Digital Services

• Right to Withdraw: If You are a Consumer, You have the statutory right to withdraw from this Agreement (which is a contract for the supply of digital services or digital content not supplied on a tangible medium) within fourteen (14) days from the date of the conclusion of this Agreement, without giving any reason and generally without incurring any costs, except as provided by law.30
• How to Withdraw: To exercise Your right of withdrawal, You must inform 5chat of Your decision to withdraw from this Agreement by an unequivocal statement. This can be done, for example, by sending a letter by post to Our registered address: , Poland, or by sending an email to . You may use the model withdrawal form which can be found at , but it is not obligatory. In line with evolving digital practices and future legal requirements 34, We may also provide an online withdrawal function directly through Your Account or Our website.
• Withdrawal Deadline: The withdrawal period will expire after 14 days from the day on which this Agreement was concluded (i.e., the day You accepted these Terms and completed Your order for the Service). To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.
• Effects of Withdrawal: If You withdraw from this Agreement in accordance with these provisions, 5chat shall reimburse to You all payments received from You for the Service, without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from this Agreement. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.30
• LOSS OF THE RIGHT OF WITHDRAWAL:

  YOU ACKNOWLEDGE AND EXPRESSLY CONSENT TO THE IMMEDIATE COMMENCEMENT OF THE PROVISION OF THE SERVICE (WHICH CONSTITUTES DIGITAL CONTENT OR A DIGITAL SERVICE NOT SUPPLIED ON A TANGIBLE MEDIUM) IMMEDIATELY AFTER THE CONCLUSION OF THIS AGREEMENT AND BEFORE THE EXPIRY OF THE 14-DAY STATUTORY WITHDRAWAL PERIOD.

  YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY PROVIDING SUCH EXPRESS CONSENT TO THE IMMEDIATE COMMENCEMENT OF THE SERVICE, AND UPON 5chat BEGINNING THE PROVISION OF THE SERVICE (E.G., BY GRANTING YOU ACCESS TO YOUR ACCOUNT AND THE FUNCTIONALITIES OF THE SERVICE), YOU WILL LOSE YOUR RIGHT TO WITHDRAW FROM THIS AGREEMENT PURSUANT TO ARTICLE 38 POINT 13) OF THE POLISH ACT ON CONSUMER RIGHTS (IMPLEMENTING ARTICLE 16(M) OF DIRECTIVE 2011/83/EU).31

  5chat will provide You with a confirmation of Your express consent and acknowledgment of the loss of Your right of withdrawal on a durable medium (e.g., via email to Your registered email address) shortly after the conclusion of this Agreement and the commencement of the Service. This confirmation is a legal requirement. The correct handling of this "Loss of Right of Withdrawal" is paramount. Failure to obtain Your explicit prior consent for immediate service provision and Your acknowledgment of losing the withdrawal right, and failure to confirm this on a durable medium, would mean You retain Your withdrawal right for the full 14-day period, even if You have started using the Service. This would make Our general "no refund" policy (Section 5.7) ineffective against You during that initial period.

15.4. Prohibition of Abusive Clauses (Klauzule Niedozwolone)

5chat is committed to ensuring that these Terms are fair, transparent, and do not contain any provisions that would be considered "abusive clauses" (klauzule niedozwolone) under Polish law, particularly the Polish Civil Code and the Act on Consumer Rights, as interpreted by the Polish Office of Competition and Consumer Protection (UOKiK).14 If any provision of this Agreement is found by a competent court or authority to be abusive and therefore not binding on You as a Consumer, that provision will be ineffective with respect to You, but the remainder of the Agreement will continue in full force and effect to the extent possible.

15.5. Complaints Procedure (for Consumers)

If You are a Consumer and have any complaints regarding the Service or its provision, You may submit Your complaint to 5chat by email to or by sending a letter by post to Our registered address: , Poland. Your complaint should include at least: Your name and surname (or company name if applicable), Your contact details (email address or postal address), a clear description of the subject of the complaint and the circumstances justifying it, and Your specific request or expectation regarding the resolution of the complaint.

5chat will acknowledge receipt of Your complaint promptly. We will consider Your complaint and provide a response within fourteen (14) calendar days from the date of its receipt, unless a longer period is justified by the complexity of the matter (in which case We will inform You of the extension and the reasons). The response to the complaint will be provided to You in writing or on another durable medium (e.g., email).

XVI. Governing Law and Dispute Resolution

16.1. Governing Law

This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement, its subject matter, formation, or validity (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Poland, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than Poland.7

16.2. Jurisdiction

Subject to Section 16.4 (regarding consumer disputes), any legal suit, action, or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the competent courts located in , Poland. Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

However, if You are a Consumer resident in the European Union, this choice of jurisdiction shall not deprive You of the protection afforded to You by provisions of the law of Your country of habitual residence that cannot be derogated from by agreement by virtue of that law (as per the Brussels I Regulation Recast (EU) No 1215/2012). Similarly, the choice of Polish law as governing law (Section 16.1) shall not, in the case of Consumers, deprive You of the protection afforded by mandatory provisions of the law of Your country of habitual residence if those provisions are more favorable to You (as per the Rome I Regulation (EC) No 593/2008).35

16.3. Amicable Dispute Resolution

The Parties agree to use their best efforts to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through amicable negotiations in good faith before initiating any formal legal proceedings. If a dispute arises, the aggrieved Party shall notify the other Party in writing, and the Parties shall attempt to resolve the dispute within thirty (30) days of such notice.

16.4. Alternative Dispute Resolution (ADR) / Online Dispute Resolution (ODR) for Consumers

If You are a Consumer and a dispute with 5chat cannot be resolved through amicable negotiations or Our internal complaints procedure (Section 15.5), You may have the right to use out-of-court complaint and redress mechanisms (Alternative Dispute Resolution - ADR). Information regarding ADR procedures available to Consumers in Poland can typically be obtained from the Polish Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów - UOKiK) and its regional branches, or from the Trade Inspection (Inspekcja Handlowa).

5chat hereby informs You that for certain types of disputes"].

Please note that the European Union's Online Dispute Resolution (ODR) platform, previously accessible for resolving online disputes, is scheduled to be discontinued for submitting new complaints from March 20, 2025, and will be permanently closed from July 20, 2025.36 5chat is aware of this change and will update its information regarding consumer dispute resolution mechanisms as required by Applicable Law. The underlying ADR Directive (2013/11/EU) continues to apply and is undergoing revisions, which may introduce new obligations for traders regarding ADR participation. We will comply with all prevailing legal requirements for providing information on ADR to Consumers.

XVII. Miscellaneous Provisions

17.1. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, shall be in writing. Notices from 5chat to You may be given: (a) via email to the email address associated with Your Account; or (b) by posting on the Service's website or within Your Account dashboard.13 Notices from You to 5chat must be sent by email to or by registered or certified mail, return receipt requested, to Our registered address: , Poland, Attn: Legal Department.24 Notices are deemed given upon the day of successful transmission (for email, if no bounce-back or error message is received) or upon receipt (for posted mail).

17.2. Severability

If any provision of this Agreement (or part of any provision) is found by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity, legality, and enforceability of the other provisions of this Agreement shall not be affected or impaired.15 If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable, consistent with the original intent of the Parties.

17.3. Assignment

You may not assign, transfer, sublicense, or otherwise delegate any of Your rights or obligations under this Agreement, in whole or in part, whether voluntarily, by operation of law, or otherwise, without the prior written consent of 5chat. Any purported assignment or delegation in violation of this section shall be null and void.

5chat may freely assign or transfer this Agreement, or any of its rights or obligations hereunder, without Your consent, in whole or in part, in connection with a merger, acquisition, corporate reorganization, consolidation, sale of all or substantially all of its assets, or to any affiliate, or as part of a change of control.11 Subject to the foregoing, this Agreement will bind and inure to the benefit of the Parties, their respective successors, and permitted assigns.

17.4. Force Majeure

Neither Party shall be liable to the other for any failure or delay in performing its obligations under this Agreement (except for payment obligations) if such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" means any act, event, omission, or accident beyond the reasonable control of the affected Party, including, but not limited to, acts of God (such as fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, or interruption or failure of electricity or telecommunication services (including internet connectivity) not caused by the obligated party.15 The affected Party shall use reasonable efforts to mitigate the effect of the Force Majeure Event and to resume performance as soon as practicable. Polish Civil Code also recognizes force majeure as a ground for excusing non-performance under certain conditions.7

17.5. Entire Agreement

This Agreement, together with Our Privacy Policy, Data Processing Agreement (DPA), any applicable Service Level Agreement (SLA), any Order Forms mutually executed by the Parties, and any other documents expressly incorporated by reference herein, constitutes the entire agreement and understanding between You and 5chat with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, negotiations, proposals, representations, understandings, and agreements between the Parties, whether written or oral, with respect to such subject matter.11 In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and any Order Form, the terms of the Order Form shall prevail solely with respect to the subject matter of that Order Form.

17.6. No Waiver

The failure or delay of either Party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, nor shall it preclude or restrict any further exercise of that or any other right or provision.24 No single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of that right or remedy or the exercise of any other right or remedy. A waiver of any term or condition of this Agreement on one occasion will not be deemed a waiver of such term or condition on any future occasion.

17.7. Relationship of the Parties

The relationship between You and 5chat is that of independent contractors. Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, franchise, fiduciary, or employment relationship between the Parties.24 Neither Party has any authority to assume or create any obligation or responsibility on behalf of the other Party, except as may be expressly provided in this Agreement.

17.8. Language

These Terms and Conditions are drafted in the English language. If 5chat provides a translation of these Terms into any other language, such translation is provided for convenience only, and the English language version shall prevail and be binding in the event of any ambiguity, discrepancy, or conflict between the English version and any translated version, unless prohibited by Applicable Law in Your jurisdiction.9

Notwithstanding the foregoing, if You are a Consumer in Poland and 5chat has provided You with a Polish language version of these Terms, or if the Service was offered to You in the Polish language, the Polish language version of these Terms may be considered authoritative and binding upon You in accordance with Polish consumer protection laws and the Act on the Polish Language. This is an important consideration, as providing terms in the local language for consumers is often a requirement or best practice to ensure clarity and enforceability.

17.9. Contact Information

If You have any questions, comments, or concerns regarding this Agreement or the Service, please contact 5chat at:

Email:

Postal Address: 5chat, , Poland, Attn: Customer Support/Legal.9