TERMS OF SERVICE FOR ELECTRONIC SERVICES — TRACEBRAND PLATFORM

Effective from: 2026-08-16 Version: 1.0

§ 1. Definitions

Capitalized terms used in these Terms of Service shall have the following meanings:

"Terms of Service" — these terms of service for the provision of electronic services, setting out the rules for using the Platform.
"Provider" — Mayko Sp. z o.o. with its registered office in Białystok, address: ul. Jana Henryka Dąbrowskiego 28, 15-872 Białystok, Poland, entered into the register of entrepreneurs maintained by the District Court in Białystok, XII Commercial Division of the National Court Register (KRS), under KRS number 0000483918, NIP 5423234127, REGON 200815339, email address: m.kosierkiewicz@mayko.pl.
"Customer" — an entrepreneur who has entered into a Framework Agreement with the Provider. A consumer is not a Customer.
"User" — a natural person using the Platform within the Customer's Organization, on the basis of an Account assigned to them.
"Account" — a set of data and permissions assigned to a User, enabling access to the Platform.
"Organization" — the Customer's workspace within the Platform, comprising Projects, User Accounts, and billing data.
"Platform" — the Tracebrand web application, available at https://app.tracebrand.ai, used for monitoring and analyzing brand visibility in the responses of artificial intelligence models.
"Services" — services provided electronically by the Provider through the Platform, within the scope described in § 4.
"AI System" — an artificial intelligence system within the meaning of Article 3(1) of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on artificial intelligence, made available to the Customer as part of the Services. In this respect, the Provider uses models made available by Model Providers and does not develop its own models.
"Model Provider" — a third party making available an artificial intelligence model used within the Services, as indicated in the Privacy Policy.
"Prompt" — a query saved by the Customer within a Project, sent periodically to Model Providers in the course of providing the Services.
"Project" — an analytical unit distinguished within an Organization, comprising a monitored brand, its domain, a list of competitors, and the Prompts assigned to it.
"AI Result" — the response of an artificial intelligence model to a Prompt, together with the sources indicated therein, made available to the Customer on the Platform.
"Customer Content" — data entered into the Platform by the Customer or a User, in particular the brand name, domain, list of competitors, and Prompts.
"Framework Agreement" — the agreement for the provision of Services, concluded upon registration of an Account and acceptance of these Terms of Service; it sets out the general terms of use of the Platform and forms the basis for Plan Agreements.
"Plan Agreement" — a specific agreement concluded under the Framework Agreement upon activation of the selected Subscription Plan; it sets out the scope of Services and the fees corresponding to that Plan.
"Data Processing Agreement" — the agreement for the processing of personal data, constituting Appendix No. 1 to these Terms of Service.
"Subscription Plan" — a variant of the Services with a defined scope, limits, and price, as specified in § 6.
"Billing Period" — a month or a year, depending on the variant selected by the Customer upon activation of the Subscription Plan.
"Trial Period" — a free, 7-day trial period described in § 8.
"Retention Period" — the period for which the history of AI Results is stored, applicable to the given Subscription Plan, as specified in § 6(2).
"Read-Only Period" — the 14-day period following the termination of a Plan Agreement, during which the Customer retains the ability to view and download its data, as described in § 19(4).
"AUP" — the acceptable use policy for the Services, set out in § 11.
"Price List" — a list of Subscription Plans and their prices, available at https://app.tracebrand.ai/terms#cennik.
"Payment Operator" — Stripe Payments Europe, Limited, an entity handling card payments and invoicing on behalf of the Provider.
"Privacy Policy" — the document describing the rules for the processing of personal data, available at https://app.tracebrand.ai/privacy.
"Dashboard" — the part of the Platform accessible after logging in, where the Customer manages its Organization, Projects, and subscription.
"Business Day" — a day from Monday to Friday, excluding statutory public holidays in the Republic of Poland.

§ 2. General provisions

These Terms of Service set out the types and scope of the Services, the conditions for their provision, the conditions for entering into and terminating the Framework Agreement and Plan Agreements, and the complaint-handling procedure.
These Terms of Service are made available free of charge at https://app.tracebrand.ai/terms, in a form enabling them to be downloaded, reproduced, and recorded.
Only an entrepreneur may be a Customer. The Provider does not provide Services to consumers. Upon registering an Account, the User declares that the agreement is being entered into in connection with a business or professional activity.
The rights of a Customer who is a natural person conducting business activity for whom the Plan Agreement is not of a professional nature are set out in § 9.
The Provider contacts the Customer at the email address provided upon Account registration and through notices in the Dashboard.
Appendix No. 1 to these Terms of Service is the Data Processing Agreement.

§ 3. Conclusion of the Framework Agreement and the Plan Agreement

The Framework Agreement is concluded upon registration of an Account and acceptance of these Terms of Service by the User. The Provider confirms the conclusion of the Framework Agreement by a message sent to the email address provided upon registration.
Activation of the Account is conditional on confirming the email address by clicking the link sent by the Provider.
The Plan Agreement is concluded upon activation of the selected Subscription Plan. In the event of a change of Subscription Plan, the new Plan Agreement replaces the previous one on the terms set out in § 7(6).
Acceptance of these Terms of Service is tantamount to having read their content and consented to their provisions. The Provider records the date of acceptance and the version number of the Terms of Service accepted by the User.

§ 4. Types and scope of the Services

The Provider provides the Customer with Services comprising: 1) maintenance of the Account and the Organization; 2) creation and maintenance of Projects; 3) periodic submission of Prompts to Model Providers and collection of AI Results; 4) provision of AI Results, brand visibility statistics, and comparisons with competitors; 5) downloading of collected data in CSV format.
Prompts saved within a Project are sent automatically to each enabled Model Provider once per day, throughout the term of the Plan Agreement.
The scope of available Model Providers depends on the Subscription Plan and is specified in § 6(2).
The Services are of a continuous nature and are provided in Billing Periods.

§ 5. Technical requirements

Use of the Platform requires: 1) a device with Internet access; 2) a current version of a web browser with JavaScript and cookies enabled; 3) an active email address.
The Provider shall not be liable for any difficulties in using the Platform resulting from a failure to meet the requirements set out in paragraph 1.

§ 6. Subscription Plans and limits

The Provider offers three Subscription Plans: Starter, Growth, and Scale.
The scope and limits of the Subscription Plans are set out in the table below:

Plan	Projects	Prompts	Competitors per Project	Retention Period	Model Providers
Starter	1	50	10	3 months	OpenAI, Google, Perplexity
Growth	3	150	25	12 months	OpenAI, Google, Perplexity
Scale	15	300	50	24 months	OpenAI, Google, Perplexity, Google AI Overview

The limits set out in paragraph 2 are enforced technically. Once the Prompt limit has been reached, the Platform prevents the saving of an additional Prompt until an existing one is deleted or the Subscription Plan is upgraded.
Upon expiry of the Retention Period, the Provider deletes the history of AI Results older than that period. Deletion is irreversible. A Customer wishing to retain historical data must download it before the expiry of the Retention Period, in the manner described in § 4(1)(5).
The prices of the Subscription Plans are set out in the Price List.

Price List

Prices are net prices in euro (EUR). VAT is added to the prices at the rate applicable to the Customer's registered office.

Plan	Monthly price (net)	Annual price (net)
Starter	89 EUR	890 EUR
Growth	199 EUR	1990 EUR
Scale	499 EUR	4990 EUR

§ 7. Fees and payments

The prices set out in the Price List are net prices and are subject to increase by value added tax at the rate applicable to the Customer's registered office.
Fees are payable in advance for the entire Billing Period, at the time of activation of the Subscription Plan, and, for subsequent Billing Periods, on the date corresponding to the date of the first payment.
Payment is made by payment card via the Payment Operator. The Provider does not store payment card data.
The invoice is issued using the billing details provided by the Customer prior to payment and is made available in the Dashboard and sent to the Customer's email address.
A Customer holding an EU VAT number and having its registered office in a European Union member state other than the Provider's member state settles the tax on a reverse-charge basis, provided that it supplies that number prior to payment.
An upgrade of the Subscription Plan takes effect from the moment it is made, with a pro rata settlement for the remaining part of the Billing Period. A downgrade takes effect from the beginning of the next Billing Period.
The Customer bears responsibility for providing inaccurate billing data. Correction of the invoice on this account shall be made at the Customer's request, submitted within 14 days of the date of issue of the invoice.

§ 8. Trial Period

The Provider offers a Trial Period of 7 days from the date of activation of the Subscription Plan.
Activation of the Trial Period requires payment card details to be provided.
Unless cancelled before the expiry of the Trial Period, a paid Billing Period commences on the first day after its end and the Provider charges the fee in accordance with § 7. The Provider discloses the date and amount of the first charge prior to activation of the Trial Period and confirms it by a message sent to the Customer's email address.
Cancellation during the Trial Period is made through the Dashboard and takes effect upon being made. In such case, the Provider does not charge any fee.
The Trial Period is available to a Customer once only.

§ 9. Withdrawal from the Plan Agreement

A Customer who is a natural person conducting business activity for whom the Plan Agreement is not of a professional nature has the right to withdraw from the Plan Agreement within 14 days of its conclusion, without stating a reason.
Withdrawal is effected by submitting a statement to the email address indicated in § 1(2).
In the event of withdrawal, the Provider shall refund the fee paid for the Billing Period, less the amount corresponding to the services performed up to the time of withdrawal, within 14 days of receipt of the statement.
The right of withdrawal does not limit the right to cancel the Subscription Plan set out in § 19(1).

§ 10. Account and access security

The Customer ensures that persons using Accounts within its Organization are authorized to act on its behalf to the extent resulting from the roles assigned to them.
The Customer is responsible for maintaining the confidentiality of access credentials to Accounts within its Organization and for actions taken using those Accounts.
The Customer shall notify the Provider of any suspected unauthorized access to an Account without undue delay, no later than within 1 Business Day of becoming aware of it, at the email address indicated in § 1(2).
The Provider is entitled to access the Customer's Account for the purpose of handling a service request or complaint and diagnosing malfunctions. Each such access requires the Provider's employee to state the reason and is recorded in an audit log. The rules governing such access are described in the Privacy Policy.

§ 11. Acceptable Use Policy (AUP)

The Customer undertakes to use the Services in accordance with the law, these Terms of Service, and good practice.
The following is prohibited: 1) entering unlawful content into the Platform, including content infringing the copyright, personal rights, or trade secrets of third parties; 2) entering special categories of personal data into the Platform; 3) using the Services to generate or distribute spam, content misleading as to the identity of its author, phishing content, or malicious software; 4) taking actions that endanger the security of the Platform or third-party systems, including attempts to circumvent technical safeguards, Subscription Plan limits, or authentication mechanisms; 5) automatically retrieving the content of the Platform other than through the export mechanisms made available within it; 6) reselling, sharing, or distributing access to the Platform to third parties outside the Customer's Organization; 7) using the AI System for purposes prohibited under Article 5 of Regulation (EU) 2024/1689, in particular for behavioral manipulation, biometric categorization of persons, or social scoring systems.
The Customer represents that it holds the rights or authorizations to the Customer Content sufficient to allow their processing by the Provider and Model Providers for the purpose of providing the Services.
A breach of the AUP entitles the Provider to suspend the Services on the terms set out in § 18.

§ 12. AI System and AI Results

The provision of the Services consists in submitting Prompts to Model Providers and making the AI Results available to the Customer.
The Provider does not guarantee the substantive accuracy, completeness, or reproducibility of the AI Results. The AI Results are of an auxiliary nature.
The Customer undertakes to verify the AI Results before using them in decision-making processes with legal, financial, or organizational consequences.
The Customer bears sole responsibility for the content of the Prompts and for the manner and consequences of using the AI Results vis-à-vis third parties.
The Provider acts as the provider of the AI System within the meaning of Article 3(3) of Regulation (EU) 2024/1689, and the Customer acts as the deployer within the meaning of Article 3(4) of that Regulation. The AI System is not a high-risk system.
A change, withdrawal, or temporary unavailability of a model on the part of a Model Provider does not constitute improper performance of the Services. The Provider shall notify the Customer of the permanent withdrawal of a Model Provider from a Subscription Plan no later than 14 days before the change. In such case, the Customer is entitled to terminate the Plan Agreement with effect as of the date the change takes effect, and the Provider shall refund the fee for the unused portion of the paid Billing Period.

§ 13. Availability of the Services

The Provider makes reasonable efforts to ensure the continuity of the Platform's operation. The Provider does not guarantee any specific level of availability.
The Provider is entitled to carry out maintenance work causing interruptions in access to the Platform. The Provider shall notify the Customer of planned maintenance work lasting longer than 60 minutes by a notice in the Dashboard at least 48 hours in advance.
An interruption in the periodic execution of Prompts resulting from unavailability on the part of a Model Provider does not constitute improper performance of the Services.

§ 14. Personal data

The rules for the processing of personal data for which the Provider acts as controller are described in the Privacy Policy.
To the extent that the Provider processes personal data on behalf of the Customer, the Data Processing Agreement constituting Appendix No. 1 to these Terms of Service shall apply. The Data Processing Agreement is concluded upon the conclusion of the Framework Agreement.
The Provider uses sub-processors indicated in the Data Processing Agreement and in the Privacy Policy, including entities established outside the European Economic Area.

§ 15. Intellectual property rights

The Platform, its code, interface, documentation, and designations are subject to the exclusive rights of the Provider. The Framework Agreement does not transfer to the Customer any rights to the Platform.
The Provider does not acquire any rights to the Customer Content beyond the scope necessary for the provision of the Services.
The Provider does not use the Customer Content or the AI Results to train artificial intelligence models.
The Customer is entitled to use the AI Results in the course of its business activity.

§ 16. Liability of the Provider

The Provider's total liability under the Framework Agreement and the Plan Agreements is limited to the amount of net fees paid by the Customer in the 12 months preceding the event giving rise to liability.
The Provider shall not be liable for indirect damages or lost profits.
The limitations set out in paragraphs 1 and 2 do not apply to damage caused intentionally.
The Provider shall not be liable for the consequences of decisions made by the Customer on the basis of the AI Results.

§ 17. Liability of the Customer

The Customer bears full responsibility for the Customer Content and for any use of the Services that is inconsistent with the AUP.
If a third party asserts a claim against the Provider in connection with the Customer Content, the Customer shall join the proceedings at the Provider's request and shall cover the reasonable costs of defense and any awarded or agreed damages.

§ 18. Suspension of the Services

The Provider is entitled to suspend the provision of the Services in the event of: 1) non-payment of a due fee for a period longer than 7 days; 2) a gross or repeated breach of the AUP; 3) actions of the Customer endangering the security of the Platform or third-party systems; 4) an official order requiring access to be blocked.
Suspension includes blocking of logins to Accounts within the Customer's Organization and suspension of the periodic execution of Prompts. The Customer's data remains preserved.
The Provider shall notify the Customer of the suspension of the Services and its reason by a message sent to the email address provided upon registration, indicating the provision that has been breached and a deadline for remedying the breach, which shall not be shorter than 7 days.
The ineffective expiry of the deadline referred to in paragraph 3 entitles the Provider to terminate the Framework Agreement with immediate effect.
The Customer has the right to appeal against a decision to suspend the Services under the complaint procedure set out in § 20.

§ 19. Termination of the Agreement and the post-termination period

The Customer is entitled to cancel the Subscription Plan at any time, through the Dashboard. Cancellation takes effect upon the expiry of the paid Billing Period. The fee for a Billing Period that has commenced is non-refundable.
The Provider is entitled to terminate the Framework Agreement subject to a 30-day notice period, with effect at the end of the paid Billing Period.
Upon termination of the Plan Agreement, the Provider shall suspend the periodic execution of Prompts and the creation of new Projects and Prompts.
For 14 days after termination of the Plan Agreement, the Customer retains access to the Platform for the purpose of viewing and downloading the collected data (Read-Only Period).
Upon expiry of the Read-Only Period, the Provider shall delete the Customer's data within the timeframe and on the terms set out in the Privacy Policy and the Data Processing Agreement. This does not apply to data whose retention is required by law, in particular billing documentation.
Deletion of the Account and data prior to the expiry of the periods referred to in paragraph 5 shall take place at the Customer's request submitted to the email address indicated in § 1(2).

§ 20. Complaints

The Customer shall submit complaints regarding the Services to the email address m.kosierkiewicz@mayko.pl.
A complaint shall include: 1) identification of the Customer and the email address assigned to the Account; 2) a description of the irregularity and the date of its occurrence; 3) the Customer's demand.
The Provider shall consider the complaint within 14 calendar days of its receipt and shall inform the Customer of the resolution at the email address from which the complaint was submitted.
A complaint may concern the availability and operation of the Platform. A complaint may not concern the substantive content of the AI Results, in accordance with § 12(2).

§ 21. Reporting of illegal content

Any person may report to the Provider content stored on the Platform that they consider to be illegal, at the email address m.kosierkiewicz@mayko.pl.
A report shall include: 1) information enabling identification of the reporting party; 2) an indication of the content covered by the report; 3) an indication of the right infringed; 4) a statement that the report is made in good faith.
The Provider shall consider the report and inform the reporting party of the resolution within 14 calendar days of receipt of the report.
In the event of a restriction of access to content, the Provider shall inform the Customer of the reason for the decision, its scope, and the appeal procedure set out in § 20.
The Provider does not exercise general oversight of the Customer Content and is not required to actively seek out such content. Customer Content is not made publicly available or shared with other customers.

§ 22. Amendments to the Terms of Service

The Provider is entitled to amend these Terms of Service in the event of: 1) a change in applicable law; 2) a change in the scope of the Services, the Subscription Plans, or the list of Model Providers; 3) a change on the part of sub-processors; 4) a change in technical requirements.
The Provider shall notify the Customer of an amendment to these Terms of Service by a message sent to the email address provided upon registration and by a notice in the Dashboard, no later than 14 days before the date the amendment takes effect.
A Customer who does not accept the amendment is entitled to terminate the Framework Agreement with effect as of the date the amendment takes effect. In such case, the Provider shall refund the fee for the unused portion of the paid Billing Period.
Plan Agreements concluded before the date an amendment takes effect shall be governed by the Terms of Service in their previous wording until the end of the paid Billing Period.

§ 23. Final provisions

These Terms of Service are governed by Polish law.
Disputes arising from these Terms of Service shall be resolved by the court having jurisdiction over the Provider's registered office.
The Customer is not entitled to transfer the rights and obligations arising from the Framework Agreement to a third party without the Provider's consent expressed in documentary form.
The current version of these Terms of Service is available at https://app.tracebrand.ai/terms. The Provider archives previous versions of the Terms of Service together with their periods of validity.

Appendix No. 1 — Data Processing Agreement

Contact: m.kosierkiewicz@mayko.pl