Terms and Conditions for the Provision of Aelo SaaS Services and Subscription Licences

Service Provider:

AELO Prosta Spółka Akcyjna (a company in the process of being formed), with its registered office in Bielsko-Biała
Address: 3 Montażowa Street, 43-300 Bielsko-Biała
KRS: Registration pending | NIP: [●] | REGON: [●]
Email: [email protected]

Client:

A business or professional entity that has created an Account on the Platform, accepted these Terms and Conditions, and subscribed to a paid or free Subscription Plan.

1.1. These Terms and Conditions set out the rules governing the provision, for a fee, of the Aelo service electronically under the Software as a Service (SaaS) model, and the granting of temporary access rights to the Platform to the Customer.

1.2. The service is intended solely for use by business customers, i.e. companies, enterprises and public institutions, in connection with the Customer’s direct business or professional activities. The Customer represents and warrants that, by registering an Account and entering into the Agreement, they are acting solely as a business, and that the Agreement is of a direct professional nature for them. Consumers and natural persons operating as sole traders who enter into the Agreement without any connection to their professional activities (so-called ‘entrepreneurs with consumer rights’) are excluded from entering into the Agreement.

1.3. The electronic order summary in the Customer Panel (Order Form), these Terms and Conditions and their annexes form a single whole. In the event of any inconsistency, the following shall take precedence:

1. An Order Form agreed and signed on an individual basis (for Enterprise/Custom Plans)
2. Order summary in the Customer Portal
3. These Terms and Conditions
4. Appendices
5. Standard price list

Aelo / Platform: software accessible via the internet, designed specifically to measure brand visibility in AI model responses, organise activities, generate content and store brand context.

AeloCoins / AC: internal, non-monetary units used to account for the use of selected functions. They are not electronic money, investment tokens or means of payment, and cannot be exchanged for cash.

Account Administrator: a person designated by the Customer who is authorised to manage the Account, Users, Brands, Plan and settings in the Customer Portal.

Customer details: data, files, texts, trade marks, descriptions, URLs, instructions, prompts, materials and other information entered by the Customer or Users.

Exportable Data: Customer data and any input and output data generated through the use of the Service, which may be exported in accordance with the law and technical capabilities, excluding the Supplier’s code, models, know-how and trade secrets.

Order Form: an electronic summary of the selected Plan, prices, billing period, limits and the number of Tokens and Users, generated during the purchase process, or a separate individual document.

Brand: a separate profile for an organisation, product, service or individual, which is monitored and managed on the Platform.

Generated Materials: texts, graphics, reports, recommendations, to-do lists and other outputs produced using the Platform.

Outdoor Models: third-party models and services, including generative AI models, search engines, data sources, hosting, analytics and infrastructure.

Billing Period: monthly, annual or any other subscription period specified at the time of purchase.

Plan: a subscription option specifying features, limits, the number of Marks, Users, scans and the AeloCoins allocation.

Scan: automated or assisted queries and analyses regarding the brand’s visibility in selected external models.

Service: access to the Platform and the associated services specified in the selected Plan; this does not include consultancy or implementation services, unless these have been expressly requested.

User: a natural person authorised by the Customer to use the Account.

3.1. The Supplier shall provide the Customer with access to the current version of the Platform to the extent specified in the selected Plan and the Order Form.

3.2. The platform may include the Intelligence, Board, Advisors, Studio and Synapsis modules, or their successors, in particular: monitoring the responses of External Models, competitive comparisons, analysis of sources and citations, task lists, recommendations, content generation, reporting and storage of brand context.

3.3. The exact scope of features is set out in the selected Plan, the Customer Portal and the current documentation. Features labelled as ‘beta’, ‘test’, ‘simulated’ or ‘roadmap’ do not constitute a guaranteed part of the Service.

3.4. Additional services, in particular auditing, implementation, content publication, SEi and GEO support, bespoke integrations, migration, training, premium support or manual work, require a separate order.

4.1. The contract is concluded electronically upon the Customer carrying out the first of the following actions:

• Completion of the account registration process on the Platform and acceptance of the Terms and Conditions by ticking the checkbox
• Placing an order and paying for the first Billing Period via the online payment form
• Signing the dedicated Order Form in hard copy or in writing (for Enterprise/Custom Plans)

4.2. The customer shall provide true, complete and up-to-date registration details (including their tax identification number), billing details and contact details, and shall designate an Account Administrator.

4.3. The customer is responsible for the actions of Users as if they were their own. Accounts are personal and may not be shared, unless a technical feature expressly permits this.

4.4. The provider may refuse to activate or may suspend an Account if there is reasonable suspicion of misuse, a breach of the law, a lack of business status, impersonation of another entity, or a security risk.

5.1. For the duration of the Agreement, the Supplier grants the Customer a non-exclusive, non-transferable and limited right to access and use the Platform for the purposes of their own business activities, in accordance with the Plan.

5.2. The Customer does not acquire any rights to the Supplier’s source code, algorithms, models, internal documentation, system databases or infrastructure.

5.3. Without the Supplier’s prior consent, it is prohibited to sub-license, resell access, circumvent limits, carry out automated bulk data retrieval, reverse engineer, decompile, test security measures without authorisation, or create a competing product based on non-public elements of the Platform.

5.4. The agency plan may allow for the management of the Client’s end customers’ brands. This does not imply that end customers are granted direct access to the Platform, unless they have been set up as Users within the permitted limit.

6.1. The selected Plan specifies, in particular, the number of Brands and Users, the frequency of scans, features, support, the monthly AeloCoins allocation and any additional limits.

6.2. AeloCoins are used up in accordance with the current cost of a given operation, as shown before it is initiated or in the documentation. The cost may depend on the model, the length of the content, the number of queries, the language, the scope of the analysis and the prices charged by external suppliers.

6.3. The monthly AeloCoins allowance is reset at the start of each Billing Period. Any unused AeloCoins allocated as part of the subscription expire at the end of the relevant Billing Period and do not carry over to the following month.

6.4. AeloCoins purchased as a top-up are valid for 12 months from the date of purchase, subject to the duration of the service, and are used up after the subscription allowance has been exhausted, on a first-to-expire basis.

6.5. Unused AeloCoins are not subject to withdrawal or refund, except where the Agreement is terminated due to the Supplier’s sole fault and without the possibility of using the paid-for pool.

6.6. The provider may apply technical and anti-abuse limits, including limits on the number of operations per minute, daily limits on high-cost functions, and temporary processing queues.

7.1. The provider may offer a free or paid trial period, a limited demo version or a starter credit. The scope, duration and limits are specified at the time of activation.

7.2. Trial access is intended solely for the purpose of evaluating the Service; it may contain sample data or simulated features and may be terminated in the event of misuse or excessive costs.

7.3. The transition from the trial period to a paid Plan takes place once the Customer has placed an order, or automatically upon the expiry of the trial period, provided the Customer has expressly consented to this and provided their payment card details.

8.1. The Customer shall use the Service in accordance with the law, the Terms and Conditions, the documentation and the rights of third parties.

8.2. The Customer is responsible for the lawfulness of the Customer Data, for holding the rights to trademarks, content, websites and databases, and for the legal basis for the processing of personal data.

8.3. The Customer must not use the Platform to generate or disseminate content that is unlawful, misleading, discriminatory, or infringes personal rights, copyright, trade secrets or the rules of third-party platforms.

8.4. The Customer undertakes not to use, copy, imitate or incorporate into the Platform (or any part thereof) any trade mark, industrial design, company name or the name of the Platform in a manner that is misleading to third parties.

8.5. The Customer undertakes not to remove, hide or alter information concerning copyright, trade marks or company names belonging to the Supplier or third parties, or any other information relating to proprietary rights associated with the Platform, whether contained therein, made available in connection with it or via it.

8.6. To the extent that mandatory provisions of law permit the examination or decompilation of the Platform for the purpose of achieving interoperability with independently developed software, the information obtained in this way must not:

• Used for purposes other than achieving interoperability with an independently developed computer programme
• Transferred to other persons, unless this is necessary to achieve interoperability with an independently developed computer programme
• Used for the development, production or marketing of a computer programme with a substantially similar form of expression, or for other acts infringing the Supplier’s copyright

8.7. The Customer shall ensure that devices, passwords, API keys and accounts are adequately secured and shall immediately notify the Supplier of any unauthorised access.

8.8. The Client shall review the Generated Materials before using, publishing or disclosing them to third parties.

9.1. The Customer retains all rights to the Customer Data. The Customer grants the Provider a non-exclusive, limited licence to host, copy, process and technically transform such data solely to the extent necessary to perform the Contract, ensure security and handle support requests.

9.2. The Supplier retains all rights to the Platform, its code, interface, internal models, methodology, documentation, trademarks and know-how.

9.3. To the extent that rights to the Generated Materials may be validly acquired or transferred by the Supplier, the Supplier grants the Customer, upon payment of the amount due, a non-exclusive, perpetual right to use them in the Customer’s business activities.

9.4. The Customer acknowledges that the Generated Materials may not be unique, and that similar results may be generated for other users.

9.5. The Supplier shall not use confidential Customer Data to train public or shared models, or for marketing purposes, without separate, explicit consent.

9.6. Anonymised and aggregated telemetry data may be used for security, statistical purposes, billing, feature development and quality improvement, provided that it does not allow the identification of the Customer, a natural person, or the disclosure of their trade secrets.

10.1. The platform uses External Models, the operation, versions, availability, rules and results of which are partly beyond the Provider’s control.

10.2. Scan results and generated materials may vary over time, between models, locations, languages and repetitions. The provider does not guarantee any specific ranking, recommendation, citation, increase in traffic, revenue, conversion or any other business outcome.

10.3. These recommendations and results do not constitute legal, tax, financial or medical advice, nor do they guarantee compliance with the terms and conditions of third-party suppliers.

10.4. The list of supported models is subject to change. The supplier may replace a model with another of a similar purpose if this is justified on grounds of availability, quality, safety, cost or legal requirements.

10.5. No material will be published on the Client’s website or channel without the Client’s approval, unless the Client has granted separate, technically restricted authorisation.

10.6. Where the Customer uses software, plug-ins, scripts or tools from other providers that affect the operation of the Platform or conflict with it, the Customer acknowledges and accepts that this circumstance results in the Provider being exempt from any liability towards the Customer, including the loss of the right to claim compensation from the Provider on any grounds whatsoever, and of any other claims against the Provider in this respect.

11.1. The Supplier shall provide the Service with the due care expected of a professional SaaS provider. The availability and support parameters are set out in Annex 2.

11.2. Scheduled maintenance, force majeure, Internet or External Model failures, actions taken by the Customer, legal restrictions or cyber-attacks are not included in the definition of unavailability.

11.3. The supplier may carry out scheduled maintenance work, where possible outside peak hours, subject to prior notice.

11.4. Support is provided via the channels and during the hours specified in the selected Plan. Response times do not refer to the time taken to resolve a fault.

12.1. The supplier shall implement appropriate technical and organisational measures commensurate with the risk, including access control, backups, event logging and transmission security.

12.2. The customer is responsible for configuring user permissions, ensuring the secure use of the integration, and refraining from disclosing special categories of data or legally protected secrets, unless this has been expressly agreed.

12.3. In the event of an incident affecting the Customer’s Data, the Supplier shall take measures to mitigate the impact and provide the Customer with the required information without undue delay.

13.1. With regard to user data, billing, support, security and the commercial relationship, the Provider acts as a separate data controller in accordance with the Privacy Policy.

13.2. If the Supplier processes, on behalf of the Client, the personal data contained in the Client’s Data, the Parties shall be bound by the Data Processing Agreement set out in Annex 3.

13.3. The client is the data controller for the data they instruct us to process, and is responsible for the legal basis, information obligations and ensuring that the instructions comply with the law.

14.1. Each Party shall keep confidential the other Party’s non-public technical, commercial, financial and organisational information, including Customer Data, architecture and know-how.

14.2. Information may be disclosed to employees, advisers and subcontractors on a need-to-know basis, provided they are bound by a duty of confidentiality.

14.3. The duty of confidentiality shall remain in force for the duration of the Agreement and for 5 years following its termination.

15.1. The customer pays the fees specified in the selected Plan or Order Form. The prices are net prices and will be subject to VAT at the applicable rate.

15.2. The subscription fee is payable in advance for the relevant Billing Period. Fees for AeloCoins top-ups and additional services are payable at the time of ordering.

15.3. Payments for the Service are made exclusively by payment card via an automated payment processor (Stripe). Payment by bank transfer is permitted only for the Enterprise/Custom Plan or where this is expressly stated in the signed Order Form (with a payment term of 7 days from the date of issue of the invoice).

15.4. If it is not possible to debit the card or if there is a delay in payment by bank transfer, the Supplier may charge statutory interest for late payment in commercial transactions and, following notification, suspend access to the Service.

15.5. The customer agrees to receive invoices in electronic form at the email address associated with their Account.

16.1. The monthly subscription renews automatically for subsequent monthly Billing Periods and can be cancelled with effect from the end of the current period either directly via the Customer Portal or by sending an email.

16.2. The annual subscription is automatically renewed for further 12-month periods, unless the Customer cancels it via the Customer Portal or by email at least 30 days before the end of the current Billing Period.

16.3. An increase to the Plan takes effect immediately, with a pro rata settlement. A reduction to the Plan takes effect from the next Billing Period.

16.4. Fees for a Billing Period that has already commenced are non-refundable.

17.1. The provider may temporarily suspend access in the event of non-payment, a security risk, misuse, failure to hold business status, a breach of the law or a material breach of the Terms and Conditions.

17.2. Either Party may terminate the Agreement with immediate effect for good cause, in particular where the other Party is in material breach of the Agreement and fails to remedy such breach within 14 days of being given notice to do so.

17.3. Termination of the Agreement shall not affect any fees due or any provisions which, by their nature, remain in force (confidentiality, intellectual property, liability).

18.1. During the term of the Agreement, the Customer may export the available Exportable Data in the formats offered by the Platform.

18.2. Upon the Customer’s request to change supplier, the Supplier shall provide data export in a commonly used, machine-readable format, as well as reasonable technical assistance.

18.3. As a general rule, the transition period when changing supplier is up to 30 days.

18.4. Upon termination of the Agreement, the Customer has 30 days to export their data from the Customer Portal themselves. After this period, the Supplier shall delete or anonymise the Customer’s data within the following 30 days.

18.5. Data in backups is overwritten on a cycle of up to 90 days.

19.1. Any enquiries regarding the operation of the Service should be sent to the following email address: [email protected] including a description of the problem and your account ID.

19.2. The supplier will consider the complaint within 14 days of receiving all the necessary information.

19.3. The remedial measure is, first and foremost, to rectify the fault, find a workaround or repeat the operation.

20.1. The parties shall be liable for actual loss arising from non-performance or improper performance of the Contract in accordance with the terms set out below.

20.2. The Supplier shall not be liable for any decisions made by the Client on the basis of the results or recommendations, for errors in the Client’s Data, for lost profits, loss of revenue, consequential damages or the effects of the use of External Models.

20.3. The Supplier’s total liability for all incidents occurring during the term of the Agreement is limited to the net fees paid by the Customer for the Service during the three-month period preceding the incident giving rise to the loss.

20.4. These limitations do not apply to damage caused intentionally or to cases where such a limitation is prohibited by mandatory provisions of law.

20.5. The Customer shall indemnify the Supplier against any justified claims by third parties arising from unlawful Customer Data or the use of the Platform in breach of the Terms and Conditions.

21.1. The website shall not be liable for any delay or failure to fulfil its obligations caused by an event of force majeure (e.g. a failure of public infrastructure, an extraordinary cyber-attack, decisions by public authorities, war, or the unavailability of key AI suppliers).

22.1. The Provider may develop and modify the Service, provided that this does not remove the core functionality of the paid Plan.

22.2. Amendments to the Terms and Conditions may be made for valid legal, technical or business reasons, subject to the Customer being notified by email at least 30 days in advance. The Customer may terminate the Contract before the amendment comes into effect.

22.3. A price change for an existing subscription takes effect from the next renewal, following at least 30 days’ notice.

23.1. Upon conclusion of the Agreement, the Customer grants the Supplier permission to use its name and logo for marketing purposes, in particular as a reference on the Supplier’s website and in presentation materials.

23.2. The Customer may withdraw the consent referred to in clause 23.1 above at any time for valid reasons by sending a statement to the Supplier by email to the address [email protected].

24.1. This Agreement shall be governed by Polish law.

24.2. Any disputes arising in connection with the Agreement shall be settled amicably; if no agreement is reached within 30 days, the matter shall be referred to the ordinary court with jurisdiction over the Supplier’s registered office.

25.1. Statements relating to the Agreement must be submitted in writing (by email) or via the options in the Customer Portal.

25.2. The Customer may not assign the rights and obligations under the Contract to a third party without the Supplier’s consent. The Supplier may assign the Contract as part of a reorganisation or the sale of the business.

25.3. The invalidity of any one provision shall not affect the validity of the remaining provisions.

https://aeloapp.io/cennik/

https://aeloapp.io/pomoc/sla/

1. Scope of the processing: The Client entrusts the Supplier with the processing of personal data solely for the purpose of providing the SaaS Service.

2. Categories of data and individuals: Identification, contact and profile data relating to the Client’s employees and associates, as well as individuals mentioned in the brand materials uploaded to the Platform.

3. Supplier’s Obligations: The Supplier shall process data solely on the basis of documented instructions from the Client, ensure the confidentiality of its staff, implement technical measures in accordance with the GDPR, and allow an audit to be carried out once a year at the Client’s expense, subject to at least 14 days’ notice.

4. Subcontractors: The Customer gives its general consent to the use of further data processors (hosting providers, AI model providers). Notice of any change of subcontractor shall be given 14 days in advance.

When using the Platform, the following is prohibited:

• Use of the Service for private/consumer purposes.
• Infringement of intellectual property rights, personal rights and the rights of third parties.
• Injecting malicious code, testing security measures without authorisation, and carrying out unauthorised web scraping.
• Generating content that is unlawful, misleading or in breach of the terms and conditions of external AI models.
• Circumventing system limits and creating fictitious accounts in order to obtain a trial period or credit.

• Customer account after the contract has expired: 60 days, after which the separate customer database and all its contents are permanently deleted.
• Brand removed by the customer: a 30-day cooling-off period, after which the data and files are permanently deleted.
• Transaction history on the account: 12 months, the same for every plan.
• Employment history in the Aelo Lab module: 365 days.
• Application technical logs: 30 days.
• Logged-in user’s session: 7 days (refresh token), 30 minutes (access token).
• Recurring task history: 365 days.

Open-source software:

• Databases: PostgreSQL 16 with the pgvector extension + MariaDB 11.4 (WordPress only)
• Application layer: NestJS 11 (Node.js), Vue 3, TypeORM, BullMQ.
• Infrastructure: Docker, Redis 7, PgBouncer, Nginx, Let's Encrypt (certbot).
• Public site: WordPress 7.1 with the Breakdance, TranslatePress, WP Rocket, Yoast SEO (+ Premium), WP Mail SMTP (API Resend), Insert Headers and Footers, and Better Search Replace plugins.
• Monitoring: Netdata + Portainer – server specifications, excluding client data.
• Backups: Restic.

Language model providers:

• Anthropic
• OpenAI
• Google
• xAI
• Perplexity
• Voyage AI
• fal.ai