Terms of Service

This document is a translation of the Polish version of the Terms and Conditions. In case of any ambiguity or discrepancy, the Polish version shall prevail. If you have any questions, please contact us.

TERMS AND CONDITIONS OF THE MKSIEGOWA.PL WEBSITE

§1

DEFINITIONS

 

1. These Terms and Conditions define the types, scope, and conditions for the provision of services to Users through the Website available at mksiegowa.pl.

2. The definitions used in these Terms and Conditions shall mean:

  1. Price List – means the information published on the main page of the Website, in which the Operator specifies the terms and rates of payment for the Website Services, as well as the scope and conditions of providing Services free of charge. The Price List constitutes an annex to the Terms and Conditions. A change to the Price List does not constitute an amendment to the Terms and Conditions.
  2. Test Period - a thirty-day, free-of-charge period granted to the User for the purpose of familiarizing themselves with the functionality of the Website, calculated from the date of registration and account creation on the Website.
  3. Operator - means the company EUROsaas sp. z o.o., with its registered office in Brwinów, at ul. Otrębuska 42b, entered into the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court in Warsaw, 12th Commercial Division of the National Court Register, REGON: 142319177, NIP: 5222943383.
  4. Subscription Fee or Subscription – means the fee paid in advance by the User to the Operator for the provision of Services. The fee is indivisible and covers a full calendar month, unless these Terms and Conditions state otherwise. The Subscription Fee for the entire period of Service provision is determined in accordance with the Price List in force at the time the User selects a given Service.
  5. Privacy Policy – means the privacy policy available at: mksiegowa.pl/www/en/privacy-statement. The Privacy Policy constitutes an annex to the Terms and Conditions.
  6. Terms and Conditions - means this document.
  7. The governing law shall be the law applicable in the territory of the Republic of Poland.
  8. Annexes forming an integral part of the Terms and Conditions:
    1. Privacy Policy,
    2. Price List,
    3. Terms and Conditions for Entrustment of Personal Data Processing
  1. DPA Terms - means the Terms and Conditions for Entrustment of Personal Data Processing
  1. Website - means the mksiegowa.pl website available at mksiegowa.pl enabling the electronic use of Services referred to in § 2 of the Terms and Conditions.
  2. Agreement - means the agreement for the provision of electronic services within the scope of Services available on the Website.
  3. Service - means the Service of providing access to the Website, described in detail in § 2 of the Terms and Conditions.
  4. User - means any natural person with full legal capacity who has registered on the Operator's website in order to use the Test Period or who pays a Subscription. The User declares that they are legally authorized to order the provision of Services on behalf of the entity they represent.

 

§ 2

TYPE AND SCOPE OF SERVICES

  1. The Operator provides Services electronically through the mksiegowa.pl Website for the User, consisting of:
    1. providing the User electronically with tools for creating, storing, and processing User documents and data related to their business activity, in particular:
      • accounting documents
      • contractor databases
      • goods, services, and products databases
      • sales invoices
      • purchase invoices
      • bank transfers
      • VAT records
      • inventory documents
    2. Availability of individual functionalities may be limited for certain Subscriptions. In particular, the number of documents processed in the Service may be subject to limits.
    3. using the Operator's support by sending inquiries via the contact form located on the Website after logging in. In the event of an inquiry, the Operator has the right to contact the User to obtain additional details regarding the request.
    4. phone support under selected Subscriptions, which is provided based on separate arrangements.
  2. The Operator reserves the right to modify the functionality of the Website at any time by expanding it with new functions and conveniences for Users, as well as making changes to existing functionalities. The Operator reserves the right to change the scope of provided Services, including adding and removing them. Changes in this scope do not constitute an amendment to the Terms and Conditions.
  3. As part of certain subscriptions, the Operator provides the assistance of an **AI ASSISTANT** under the following rules:
    1. The AI Assistant uses artificial intelligence models (including ChatGPT technology provided by OpenAI and other third-party providers' models) to answer User inquiries.
    2. The scope of assistance provided by the AI Assistant strictly covers:
      • the operation, functionalities, and configuration of the mKsiegowa.pl software,
      • rules for posting economic transactions and managing the User's chart of accounts,
      • full accounting matters in accordance with the Polish Accounting Act,
      • data import and export procedures in the Website,
      • VAT, CIT, and PIT tax issues solely to the extent directly affecting the manner of capturing and recording transactions in the Website.
    3. By using the AI Assistant, the User consents to transferring the content of submitted queries (prompts) and the context necessary to formulate a response to external AI service providers (including OpenAI).
    4. The User is obliged not to input confidential data, trade secrets, or personal data into the AI Assistant queries.
    5. Responses generated by the AI Assistant are for informational, educational, and auxiliary purposes only. They do not constitute legal opinions, tax advice, or binding interpretations of regulations. The User bears sole responsibility for the substantive verification of responses provided by the AI Assistant and for how they are used, particularly prior to making accounting entries, filing tax returns, or making business decisions.
  4. As part of providing the Service, the Operator reserves the possibility of interruptions in the availability of the Website. Resulting interruptions may be caused by updates to the Website, necessary maintenance, or resolving potential malfunctions in the operation of the Website. The Operator makes every effort to ensure that interruption dates are as convenient as possible from the perspective of Website functioning. The User declares consent to interruptions in access to the Website for the purpose of updating, maintaining, or repairing potential errors by the Operator and agrees not to assert any claims on this account.

§ 3

RULES FOR USING THE WEBSITE

  1. In order to conclude the Agreement, it is necessary to register and create an individual User account on the Website using the registration feature on the Website's webpage.
  2. By creating an account, the User accepts the terms of the Terms and Conditions, the DPA Terms, and the Privacy Policy.
  3. The Terms and Conditions are made available free of charge at https://mksiegowa.pl/ website in a form that allows downloading, saving, and printing at any time. Before registering on the Website, the User is required to read the content of the Terms and Conditions.
  4. The moment of registration, consisting of providing the company name, application instance (account) name, email address, login, and password by the User and clicking the „Register account” button, is considered an acceptance by the User of the offer presented in the Terms and Conditions and the Price List, and constitutes the moment of concluding the Agreement and Data Entrustment Agreement between the Parties. The User is required to comply with the provisions of the Terms and Conditions from the moment of registration on the Website.
  5. The Operator notes that it does not verify whether the registered User is a legal representative of the entity for which the Service is provided.
  6. Users utilizing certain packages indicated in the Price List may grant access permissions for their Website account to a designated entity. Access is granted through appropriate functionality on the Website. The User is responsible for all actions and omissions of the entity granted access to the Website as for their own actions. In particular, this means that the Operator bears no liability for any operations performed through the Website by such an entity.
  7. During registration, the User is required to provide a correct email address enabling the transmission of an account activation link.
  8. The User is required to verify the correctness of the email address provided during the registration process. In the absence of verification within 14 (fourteen) days from the date of registration, the Website Operator reserves the right to restrict account functionality until the correctness of the provided email address is verified.
  9. A condition for commencing use of the Website (e.g., generating the first document) by the User is entering correct, complete, and truthful data necessary to issue a VAT invoice (company name, registered office address, NIP/Tax ID).

§ 4

TEST PERIOD

  1. After creating an account, the User is entitled to thirty days of free access to selected Website functionalities in order to become familiar with the features offered in individual Website Subscriptions.
  2. The active Subscription after account creation corresponds to the plan selected by the User during registration, as defined via the button redirecting to the registration form.
  3. Access to the Website after the Test Period will be maintained exclusively on condition of timely payment of the Subscription. Failure to pay for the Subscription results in termination of the Agreement with immediate effect under the rules specified in § 6 para. 3 of the Terms and Conditions.

§ 5

BILLING RULES

  1. Upon completion of the thirty-day free Test Period, access to the Website is further retained exclusively by Users who have paid for the selected Subscription. The Operator reserves that access to the Website will not be launched if software configuration cannot be performed for any reason.
  2. After the User pays for the selected Subscription, the User gains access to the relevant functionality according to the scope specified in the Price List, unless the Terms and Conditions or a separate Agreement for a given service state otherwise. The provision of Services commences at the time payment is made by the User in accordance with the Price List, unless the Price List or Terms and Conditions state otherwise.
  3. Upon receiving payment for the Subscription, the Operator will electronically issue and send to the User a VAT invoice within 7 days in accordance with § 3 para. 9 of the Terms and Conditions. The User consents to receiving invoices electronically.
  4. The Parties agree that the Operator shall credit payments received from the User toward the oldest outstanding liabilities first, regardless of any statements made by the User accompanying the payment.

§6

DURATION OF THE AGREEMENT

  1. Termination of the Agreement may occur as a result of notice given by either party with a one-month notice period effective at the end of the calendar month, by sending a written termination statement to the registered office address of the Operator (in the event of termination by the User) or to the last address provided in the registration form (in the event of termination by the Operator).
  2. The Operator may terminate the Agreement with immediate effect in the event of:
    1. death of the User,
    2. cessation of legal existence of the User,
    3. failure by the User to pay amounts due within the timeframe specified in accordance with § 4 para. 3 of the Terms and Conditions,
    4. intentional violation of the provisions of the Terms and Conditions by the User,
    5. engaging in actions aimed at violating the security of data on the Website or attempting unauthorized access to the Website,
    6. performing unlawful activities, particularly regarding the sending of unsolicited commercial information using the Website,
    7. acting to the detriment of the Operator,
    8. providing false information,
    9. loss of login or password and failure by the User to utilize the login/password recovery procedure indicated by the Operator,
    10. objection to the sub-entrustment of personal data, as referred to in § 5 of the DPA Terms,
    11. unsuccessful request to the User to provide explanations, as referred to in § 6 para. 3-5 of the DPA Terms;
    12. in the event of a gross violation of the provisions of these Terms and Conditions or the DPA Terms.

  1. In the event of termination of the Agreement with immediate effect, the User is not entitled to pursue any claims against the Operator or request a refund of the paid fee. In particular, the right of the User to claim damages from the Operator for damage not caused by intentional fault is excluded, and the Operator has the right to completely block access to the User's account as well as delete it. If the cessation of Service provision occurred as a result of non-payment by the User within the specified time, the User may regain access to the account after paying outstanding Subscription Fees and paying an administrative fee specified in the Price List.

  1. The User acknowledges that upon:
    1. expiration of access to the test version due to non-payment of the chosen Subscription,
    2. dissolution of the Agreement,
    3. termination of the Agreement,
    4. failure to pay for the current Subscription,

their access to the account may be blocked. During this period, the ability to use certain features of the Website may be blocked. During the account blockage period, the User has the ability to log in to the account using their existing login and password and access data in „read-only” mode. During this period, the User is required to download at least the data from the Website whose storage is required by the Accounting Act. In the event that the aforementioned conditions of lack of access to the Service persist, but no later than after 6 months, the User may lose the ability to log in to the account, and the account may be moved to the archive referred to in § 12. Restoration of full account functionality is possible, subject to compliance with the rules of data archival transfer (§ 12), upon sending an email requesting functionality restoration to: biuro@mksiegowa.pl and paying the Subscription for the overdue period. The Operator may charge an administrative fee for restoring account functionality, as specified in the price list. The rules for deleting personal data are regulated in § 10 of the DPA Terms.

  1. The Operator bears no liability for potential data loss caused by account blockage or deletion.

§ 7

PERSONAL DATA

  1. The Controller of personal data of Users and individuals using the Website is the Operator, whereas the Controller of personal data of contractors stored on the Website is the User.
  2. By entering into the Agreement with the Operator, Users entrust the Operator with the processing of personal data of contractors and individuals using the Website in accordance with § 8 of the Terms and Conditions.
  3. The Operator ensures the protection of personal data entrusted to it by Users for processing. Personal data processing is carried out in accordance with the laws in force in the territory of the Republic of Poland, in particular: the Personal Data Protection Act, the Act on Providing Services by Electronic Means, and relevant executive acts, as well as the General Data Protection Regulation („GDPR”).
  4. Providing personal data by Users is necessary for the performance of Services referred to in the Terms and Conditions – if personal data is not provided by the User, it will be impossible to conclude the Agreement.
  5. The Operator applies appropriate technical and organizational measures to ensure the security of personal data provided by Users, in particular preventing unauthorized third-party access or processing in violation of legal provisions, and preventing data loss, damage, or destruction.
  6. Detailed information regarding the processing of Users' personal data can be found in the Privacy Policy.
  7. The Operator has the right to use selected data characterizing the activity of Users on the Website (including, among others, the number of products, invoices, and clients) – for its own analytical purposes aimed at developing Website functionalities. This data may be published by the Operator, but exclusively as part of aggregated summaries, in a manner that does not individualize particular companies using the Website. The use of data does not cover personal data of contractors stored in client databases in the System.

 

§ 8

ENTRUSTMENT OF PERSONAL DATA

 

Provisions regarding data entrustment are contained in the annex – Terms and Conditions for Entrustment of Personal Data Processing to these Terms and Conditions.

 

 

§9

COMPLAINTS

 

  1. The User has the right to submit complaints regarding the quality of Service provision.
  2. Complaints should be submitted electronically to the following email address: biuro@mksiegowa.pl
  3. The complaint should be sent from the email address specified in the User's account as the contact address and contain the full name of the person submitting the complaint, as well as a detailed description and reason for the complaint.
  4. The Operator considers the User's complaint as quickly as possible, but no later than within 14 days. If the complaint does not contain information necessary for its consideration, the Operator will request the submitter to supplement it to the necessary extent, and the deadline shall run from the date of delivery of the supplemented complaint.
  5. The response to the complaint will be sent electronically to the email address indicated by the User on the Website.

 

§ 10

OPERATOR'S LIABILITY

  1. The mKsiegowa.pl program is an IT tool supporting the maintenance of accounting records, tax settlements, and the performance of reporting activities, including handling processes related to the National e-Invoice System (KSeF). The scope of available features depends on the selected package and the current version of the Program. The Program does not replace the obligation to verify the accuracy of data, accounting entries, calculations, and documents by the User or persons responsible for their accounting.
  2. The User is responsible for the correctness, completeness, and timeliness of data, documents, and information entered into the program, proper selection of accounting and tax parameters, and verification of results obtained using the program prior to their use for settlements, filing tax returns, sending JPK files, or submitting documents to the National e-Invoice System (KSeF).
  3. The Operator exercises due diligence to ensure the proper operation of the program in accordance with its intended purpose and functional description. The Operator does not guarantee that the program will operate uninterruptedly, error-free, and without any delays, or that it will be free from all technical defects or limitations. If a program error is detected, the Operator will undertake actions within a reasonable period, taking into account the nature and severity of the error, to determine its cause and — depending on circumstances — resolve the error or apply a workaround solution.
  4. The Operator is not liable for consequences resulting from incorrect, incomplete, or outdated data entered by the User, improper configuration of the program, use contrary to documentation or intended purpose, as well as omission of verification of results, provided these circumstances affected the occurrence of damage.
  5. To the extent permitted by applicable laws, the Operator is not liable for delays, interruptions, or irregularities resulting from the operation of third-party systems and services, in particular KSeF, public administration systems, banks, payment operators, telecommunications service providers, and IT infrastructure, unless arising from circumstances for which the Operator is responsible. The Operator does not guarantee the availability or immutability of interfaces, functionalities, and operating rules of such systems.
  6. The Operator exercises due diligence to adapt the program to changes in legal provisions regarding functionalities covered by the service. Unless a separate agreement or package description states otherwise, the Operator does not provide individual legal, tax, or accounting advice. The User should verify whether the method of using the program corresponds to the factual and legal situation of their business.
  7. The provisions of this paragraph do not exclude or limit the Operator's liability to the extent that such exclusion or limitation is impermissible under mandatory provisions of law. In particular, they do not exclude liability for damage caused intentionally.
  8. The User should promptly report any identified program error to the Operator, providing information allowing its reproduction and analysis, and take reasonable actions to mitigate its effects. Where possible, the User should retain source documents and verify results relevant to timely tax and accounting settlements.
  9. The total contractual liability of the Operator towards the User for damages arising from non-performance or improper performance of the mKsiegowa.pl service agreement, regardless of the number of claims asserted, is limited to an amount corresponding to **six times the net monthly subscription fee** due for the service in the month in which the event causing damage occurred.
  10. The limit specified in the preceding point applies jointly to all claims arising from a single event or a series of related events. If damage results from several related events, the limit is not multiplied due to the filing of separate claims regarding the same event or cause.
  11. The Operator is not liable for lost profits of the User to the extent permitted by applicable law, taking into account the remaining provisions of this paragraph.

 

§ 11

SECURITY, BACKUPS, AND DATA RECOVERY

  1. The Operator applies technical and organizational measures appropriate to the nature of the provided service aimed at protecting data stored in the mKsiegowa.pl system against accidental loss, destruction, unauthorized access, or modification.
  2. The Operator performs data backups to the extent and frequency resulting from adopted security procedures and technical architecture of the service. Backups primarily serve to restore system operation and data following a failure, technical error, or other event affecting data availability or integrity. Performing backups does not constitute a guarantee of the ability to recover every record or change made at any given time.
  3. The Operator undertakes reasonable actions to restore data from available backups if technically feasible and justified by the nature of the event. The scope of recovery may depend on the time of the last available backup and the nature of the failure or data corruption.
  4. The User should independently retain copies of source documents and other data and documents whose preservation is necessary to fulfill their legal, accounting, or tax obligations. The User may also periodically export data from the system if such functionality is available. This obligation does not relieve the Operator from liability for its own non-performance or improper performance of obligations to the extent resulting from mandatory provisions of law.
  5. The User should promptly notify the Operator of any identified loss of data, data corruption, or suspected unauthorized interference. The notification should contain details enabling the determination of the circumstances of the event and the scope of the problem.

 

§ 12

SUBSCRIPTION EXPIRATION, ARCHIVING, AND DATA DELETION

  1. User data is stored in the archive for a period of 5 years from the day following the date of Subscription expiration, unless deleted earlier at the request of an authorized entity or their further storage is impermissible under applicable laws. This period specifies the maximum standard archiving duration offered by the Operator, and not a guarantee of data retention in every possible legal or technical situation.
  2. During the archiving period, data is stored to enable the resumption of service usage and the fulfillment of legitimate contractual and legal obligations. Access to the archive may be restricted and does not necessarily include the ability to make changes, post accounting entries, or use all functions of the active program.
  3. Resuming the subscription during the archiving period allows access to data to be restored, provided it is still available in the system and no legal or technical obstacles exist.
  4. Upon expiration of the archiving period, the Operator may permanently delete User data from the active system and archive, subject to obligations for further retention resulting from legal regulations and backup provisions. Deletion also includes data stored in backups within the adopted overwrite or deletion cycle, taking into account technical capabilities and applicable legal requirements.
  5. The User may request the deletion of the account and data prior to the end of the archiving period if entitled to do so. The Operator will inform the User of the consequences of such a request, in particular the possibility of irreversible loss of access to data. Upon confirmation of the request, data will be deleted within a timeframe appropriate to the nature of the service, taking into account legal obligations, legitimate grounds for further retention, and the backup deletion cycle.
  6. Prior to the end of the archiving period, the Operator may inform the User of the impending date of data deletion if it possesses current contact information enabling the delivery of such notification. The User is responsible for maintaining current contact information assigned to the account. Failure to receive notification does not automatically extend the archiving period, unless mandatory legal provisions state otherwise.
  7. The provisions of this paragraph do not exclude the obligation to return or delete personal data entrusted for processing in accordance with the Data Processing Entrustment Agreement (DPA) and applicable legal provisions. In the event of discrepancies regarding personal data entrusted for processing, the provisions of the DPA and mandatory legal provisions shall take precedence.

 

§13

FINAL PROVISIONS

  1. The Operator reserves the right to amend the Terms and Conditions.
  2. Amendments to the Terms and Conditions may occur in particular in the case of:
  • technological or organizational changes in the operation of the Website,
  • the need to adapt the operation of the Website and provisions of the Terms and Conditions to new legal regulations,
  • in other justified cases.
  1. These Terms and Conditions, as amended in 2026, shall enter into force on November 1, 2026, and from that date replace the previous version of the Terms and Conditions, subject to the rules for effectively introducing changes to agreements concluded prior to that date and mandatory legal regulations. The new Terms and Conditions are available on the Website at: mksiegowa.pl/www/en/terms-and-conditions.
  2. In the absence of the User's consent to the introduced amendments, the User has the right to terminate the agreement with a 14-day notice period.
  3. The court competent for resolving disputes related to the performance of the Agreement is the court with jurisdiction over the registered office of the Operator.
  4. The governing law shall be the law applicable in the territory of the Republic of Poland.
  5. Annexes forming an integral part of the Terms and Conditions:
    1. Privacy Policy,
    2. Price List,
    3. Terms and Conditions for Entrustment of Personal Data Processing