Terms of Service (SaaS Agreement) for Struvo

Version: 1.0
Effective Date: [INSERT DATE, E.G. OCTOBER 1, 2026]
Last Updated: [INSERT DATE]

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1. General Provisions and Definitions

1.1. These Terms of Service (hereinafter: "Terms") govern the access to and use of the multi-tenant Software-as-a-Service platform under the trade name Struvo (available on the web at struvo.pl and its subdomains, and via native mobile applications for iOS and Android), rights and obligations of the Service Provider, Clients, and Authorized Users, as well as data protection rules, liability disclaimers, and dispute resolution procedures.

1.2. The Service Provider and operator of the Struvo platform is:
[LEGAL ENTITY NAME / FULL NAME], having its registered seat at: [REGISTERED ADDRESS: POSTAL CODE, CITY, STREET AND NUMBER], registered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court in [COURT CITY], [DIVISION NUMBER] Commercial Division under KRS number: [KRS NUMBER] / registered in the Central Register and Information on Economic Activity (CEIDG), Tax Identification Number (NIP): [NIP/TAX ID], REGON: [REGON NUMBER], share capital: [SHARE CAPITAL IN PLN, IF APPLICABLE] (hereinafter: "Service Provider" or "Operator").
Contact details:

• General inquiries: kontakt@struvo.pl
• Technical support: support@struvo.pl
• Privacy & GDPR inquiries: privacy@struvo.pl

1.3. Capitalized terms used in these Terms shall have the following meanings:

• "Mobile Application" – the native mobile software "Track Your Build Mobile / Struvo" distributed via the Apple App Store and Google Play Store.
• "Web Application" – the web dashboard accessed via standard web browsers.
• "Client" – any legal entity, unincorporated organizational unit, or natural person conducting business activity or acting as a consumer that concludes an Agreement with the Service Provider.
• "User" – any natural person authorized by the Client to access the Client's Account under an assigned role (e.g., Company Admin, Project Manager, Employee, Subcontractor).
• "Account / Organization (Tenant)" – a dedicated logical and database partition in the Service assigned to a specific Client, secured by Keycloak identity mechanisms, within which the Client manages construction projects, team members, and documentation.
• "Project" – a construction project created within an Account, containing project areas, work categories, photo documentation, worker activity logs, and technical reports.
• "Client Content / UGC (User-Generated Content)" – any materials, photos, site logs, notes, blueprint files, location coordinates, and comments uploaded to the Platform by the Client or its Users.
• "AI Module / Vision Assistant" – machine learning and artificial intelligence models integrated into the Platform (current provider: OpenAI; see “AI and data” for details) providing automated image recognition, descriptive suggestions, and draft technical logs.
• "Agreement" – the contract for the provision of electronic services concluded between the Service Provider and the Client under the conditions set forth herein and the selected Subscription Plan.

1.4. Governing Language Clause: These Terms of Service have been drawn up in the Polish language and translated into English. In the event of any discrepancies, ambiguities, or conflicts between the Polish version and this English version, the Polish language version shall be deemed authoritative and prevailing.

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2. Agreement and Account Registration

2.1. Creating an account requires completing registration, providing accurate required details and accepting the Terms. A paid plan requires separate confirmation of an order specifying the price and billing period. Anyone acting for a Client must have appropriate authority.

2.2. The Privacy Policy provides information about processing. Acknowledging it is not consent to all processing, analytics or marketing. Consent for optional purposes is obtained separately.

2.3. The Terms must be available before contracting in a form that can be saved and reproduced. For a consumer contract, the Operator provides confirmation and required information on a durable medium, such as email. Before project data is entrusted, the Client and Operator enter into the DPA; publishing its draft alone does not conclude that agreement.

2.4. The Operator records accepted document versions, registration time and source, and the user identifier. A database record does not replace durable-medium confirmation.

2.5. Users must protect their credentials and must not share individual accounts. Report suspected unauthorised access to support@struvo.pl.

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3. Technical Requirements

3.1. To properly use the Platform, the following minimum system requirements must be satisfied:

• Web Application: A device with Internet access, an up-to-date web browser supporting ECMAScript 6, HTML5, CSS3, Cookies, and Local Storage (recommended: current versions of Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge); enabled TLS 1.2 or TLS 1.3 protocol.
• Mobile Application: A mobile device running iOS (version 15.0 or higher) or Android (version 8.0 Oreo or higher); built-in camera for capturing construction progress; GPS location module for tagging project sites; active data connection.

3.2. Mobile network data transmission costs associated with uploading high-resolution photo documentation are borne exclusively by the Client.

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4. Scope of Services

4.1. The Service Provider provides cloud-based tools designed for construction site management, including:

• Creating, structuring, and categorizing construction projects by discipline and stage;
• Direct, authenticated photo uploads to dedicated private cloud object storage (Cloudflare R2) via short-lived presigned URLs;
• Recording daily worker activity and subcontractor logs;
• Exporting organized photo archives and technical summaries in ZIP format;
• Automated generation of draft technical documentation and daily summaries powered by AI vision models.

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5. Specific Terms for Artificial Intelligence (AI) Modules

5.1. Assistive Nature of AI Outputs: The AI features (currently powered by OpenAI) function strictly as an assistive drafting tool.

5.2. Human-in-the-Loop Requirement:

• All AI-generated descriptions, defect identifications, structural classifications, and daily summaries represent preliminary draft proposals (proposed status).
• An AI-generated entry becomes part of the permanent project documentation only after explicit human review, verification, editing, and acceptance by an authorized User.

5.3. Exclusion of Engineering and Professional Liability:

• The Service Provider is not an architectural, engineering, construction management, or occupational health and safety (OHS) consulting firm.
• AI outputs do not constitute a statutory Building Logbook (Dziennik Budowy), professional structural assessment, certified safety inspection, or building code compliance certificate.
• The Client is responsible for reviewing technical statements and how approved content is used. This does not exclude the Operator’s liability for its own contractual obligations or statutory Client rights. Liability limits apply only as stated in Sections 8 and 9.

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6. Intellectual Property and Content Rights

6.1. All proprietary rights, copyrights, trademarks, databases, and source code of the Struvo Platform remain the exclusive property of the Service Provider or its third-party licensors.

6.2. The Service Provider grants the Client a non-exclusive, non-transferable, worldwide license to use the Platform during the term of the Agreement, strictly in accordance with its intended purpose.

6.3. The Client retains all ownership rights and intellectual property in and to all Client Content (photographs, blueprints, notes, logs).

6.4. The Client grants the Service Provider a limited, royalty-free license to store, process, reproduce, and transmit Client Content solely to the extent necessary to deliver the Service, generate backups, and process requested AI vision analysis.

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7. Subscription Plans, Payments and Trial

7.1. Monthly and annual plans follow the Pricing page or an individual Enterprise offer. The order specifies features, limits, price, taxes, billing period and renewal terms.

7.2. New Clients may start a free 14-day Start, Team or Business trial after adding a card and confirming the subscription in Stripe Checkout. Unless cancelled before the trial ends, the chosen monthly or full annual fee is charged in advance. Before ordering, the first charge date, full amount and subsequent billing cycle must be disclosed.

7.3. Business prices may be labelled net with VAT information. A consumer offer must display the total price including taxes and mandatory charges before ordering, including the full annual charge. The order action must unambiguously acknowledge the obligation to pay, including payment after a trial.

7.4. Cancellation before trial expiry through Account Settings or support@struvo.pl prevents the next period’s fee. Once a paid period starts, ordinary cancellation stops the next renewal. Statutory withdrawal, complaint and refund rights are described in Section 9 and the Refund Policy.

7.5. Stripe processes payments; bank transfer against invoice is available if agreed in the order. Access may be suspended after payment is overdue by more than 14 business days and an unsuccessful notice specifying the amount and an additional payment deadline. Suspension does not remove data return obligations.

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8. Professional B2B Liability

8.1. This section does not apply to Consumers or sole traders entitled to consumer protection.

8.2. The Operator provides the service with professional diligence, access controls and logical separation of client data. Absence of a separate SLA does not waive agreed obligations or liability for outages.

8.3. Subject to Section 8.4, liability excludes lost profits, penalties payable to the Client’s counterparties and losses caused solely by the Client’s fault. The aggregate liability cap is the fees attributable to the three months of service immediately before the event. Annual fees are divided by 12 for this calculation; the payment date cannot reduce the cap to zero. If the Agreement has run for less time, fees attributable to that actual period apply.

8.4. Limits do not cover intentional harm or liability that cannot lawfully be excluded or limited. They do not restrict data subjects’ GDPR rights.

8.5. A subcontractor, cloud or connectivity outage is not automatically force majeure. Its consequences depend on the facts, the Operator’s obligations, responsibility for persons assisting with performance, and the law. The Operator takes appropriate steps to mitigate disruption.

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9. Consumers and Protected Sole Traders

9.1. Consumers retain statutory protection. A natural person entering into a business-related contract that is not professional in nature for them benefits, in particular, from Article 7aa of the Polish Consumer Rights Act and Article 385⁵ of the Civil Code. These Terms do not narrow those rights.

9.2. A distance Agreement may be withdrawn from within 14 days of conclusion by sending an unequivocal statement before expiry to kontakt@struvo.pl or the Operator’s registered address. The form in the Refund Policy is optional. Failure to provide proper information may extend this period under the Act.

9.3. Starting to use an ongoing SaaS service does not itself extinguish withdrawal rights. Proportional payment for performance before withdrawal is due only where statutory conditions are met, including an express request for early performance and the required information. A free trial remains free. Payments due back are refunded within 14 days after receiving withdrawal, using the same method unless the Client agrees to another cost-free method.

9.4. The Operator is responsible for conformity throughout continuous supply, including characteristics, functionality, compatibility, security and updates required under Articles 43j–43l of the Polish Consumer Rights Act.

9.5. For non-conformity, the Client may require conformity at no cost, within a reasonable time and without undue inconvenience. Under Articles 43m–43o, they may reduce the price or terminate, including where remedy is impossible, refused, unsuccessful or the non-conformity is sufficiently serious. A paid service cannot be terminated for minor non-conformity; the Operator must establish that it is minor.

9.6. Refunds following price reduction or termination are made without undue delay and within 14 days of the statement, as required by law. No-refund rules for voluntary non-use do not restrict these remedies. Rights to retrieve content following termination remain unaffected.

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10. Complaints

10.1. Send complaints to support@struvo.pl, describing the problem and providing enough information to identify the Agreement and contact you. Invoice numbers, screenshots and error identifiers may help but are not conditions for exercising statutory rights. Do not send passwords or tokens.

10.2. The Operator responds on a durable medium, such as email, within 14 calendar days of receipt. For Consumers, failure to respond has the consequences prescribed by Article 7a of the Polish Consumer Rights Act.

10.3. Complaints do not exclude court proceedings. Consumers may seek assistance from a consumer ombudsman. Information on applicable out-of-court procedures and the Operator’s participation is provided as required by law if a dispute remains unresolved after a complaint.

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11. Term, Termination and Data

11.1. The order specifies subscription duration and renewal. The Client may stop the next renewal in the portal or through support@struvo.pl; access continues until the paid period ends, subject to statutory rights.

11.2. For a material breach, the Operator explains the reason and, where remedy is possible, allows a reasonable cure period before termination. Immediate restriction or termination is possible where required by law or justified by the seriousness of a breach or security threat. Measures must be proportionate and follow AUP notification and appeal procedures.

11.3. Built-in export produces a photo archive and is not an export of all organisation data. Return of other data, switching to another provider or on-premises infrastructure, and deletion dates are arranged through support@struvo.pl under the export rules, DPA and applicable law.

11.4. Data is not deleted before the applicable retrieval period expires. Ending a paid subscription cannot shorten transition and retrieval periods required by the Data Act. Following return or expiry of the agreed period, the Operator deletes data on Client instructions and under the DPA, except statutory retention. Deleting a user, stopping renewal and deleting company data are separate actions.

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12. Changes to Terms, Service and Prices

12.1. Changes may be made to the extent necessary to address a change in law, binding decision, specific security threat or described feature change. Generic business reasons do not permit arbitrary changes to obligations.

12.2. The Operator sends the revised text, reason, effective date and available rights by email on a durable medium at least 30 days beforehand, unless the law requires a shorter period. Changes are not retrospective and do not remove acquired rights. Silence alone is not consent to arbitrary changes.

12.3. For Consumers and protected sole traders, changes to the digital service beyond maintaining conformity require contractual authorisation and a valid reason, and must involve no additional cost. If access or use is adversely affected more than minimally, the Operator gives advance notice on a durable medium. The Client may terminate without notice within 30 days of the change or receipt of information, whichever is later, unless they can retain the unchanged, conforming service without cost. Articles 43p and 43q of the Polish Consumer Rights Act apply.

12.4. New prices do not alter an already paid period. Applying them to renewal requires at least 30 days’ advance information and an effective opportunity to cancel before charging; any legally required consent must be obtained. Changing these Terms alone does not automatically justify a price increase.

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13. Governing Law, Disputes and Language

13.1. Polish law applies. This choice does not deprive Consumers of mandatory protection under the law applicable without the choice, particularly their habitual-residence law under Article 6 of the Rome I Regulation.

13.2. Purely professional B2B disputes are submitted to the court for the Operator’s registered seat. Statutory jurisdiction applies to Consumers and protected sole traders.

13.3. The Polish version is the basis for translations. Its precedence does not restrict clear-information requirements, unfair-term protection or interpretation of ambiguity in the Consumer’s favour.

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