1. General Provisions
1.1. These Terms of Use prescribe the terms of use of the AgileHero web application, available at https://app.agilehero.io (with information about the Application published at https://agilehero.io), designed for the management of projects (“Application” or “AgileHero”) and the services available as part of AgileHero. Therefore, the User may not use AgileHero unless they become familiar with these Terms of Use and the Privacy Policy first.
1.2. The supplier of AgileHero and the functionalities of the Application is AgileHero spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at ul. Złota 75A lok. 7, 00-819 Warszawa, entered in the register of entrepreneurs of the National Court Register (KRS) under number KRS: 0001246514, Tax Identification Number NIP: 5273222340 (EU VAT number: PL5273222340), National Business Registry number REGON: 544961646, share capital in the amount of PLN 5,000.00 (“Service Provider”).
1.3. The User may contact the Service Provider by e-mail at [email protected] or by means of the contact form available at https://agilehero.io/contact/.
1.4. The Application operates in the SaaS model, on the basis of cloud computing, which means that its functionalities are made available electronically through the Application, without the need to install software on the User’s device. The description of individual functionalities, modules, and tools available as part of the Services is published on the Service Provider’s website at https://agilehero.io.
2. Other Definitions
2.1. Subscription Fee – a recurring fee payable to the Service Provider for the provision of the Services in the Workspace under a selected paid Plan, in the amount and on the terms specified in the Pricelist.
2.2. Pricelist – a statement of prices and subjective scopes of the Services, including as part of a Plan.
2.3. business days – days within working hours of the Service Provider, that is between 9:00 a.m. and 5:00 p.m. (Central European Time), from Monday to Friday, with the exclusion of statutory holidays according to generally applicable legal provisions of the Republic of Poland.
2.4. Consumer – a User being a natural person, carrying out a legal action that is not directly related to their business or professional activity; also, accordingly, an entrepreneur with consumer rights.
2.5. Content - information entered by the User into the Application using its functionalities, including via the Account; if the Content contains personal data, the provisions of the Privacy Policy as well as the section of the Terms of Use regarding the personal data shall apply accordingly.
2.6. Account – a service provided by electronic means, which provides the User with a set of resources, settings, and authorisations enabling the use of AgileHero.
2.7. Subscription Term – a term for which the User pays the Subscription Fee and in which the Services are provided in the Workspace according to a selected Plan.
2.8. Payment Operator – an external entity through which it is possible to pay the Subscription Fee and other fees, in each case, indicated within the AgileHero functionalities. The Payment Operator is currently Stripe, which sells the Plans through its Link service (purchases are presented as “Sold through Link”) under Stripe’s Managed Payments model and acts as merchant of record (seller of record) for those sales.
2.9. Plan – a variant of Services within a given Workspace, prescribing the functional scope of the use of the Application, Users’ limits, and the payment terms; the detailed terms and conditions of individual Plans are stated in the Pricelist.
2.10. Privacy Policy – a document presenting the details of the processing of the Users’ personal data by the Service Provider; the Privacy Policy supplements the Terms of Use and is available in electronic form at https://agilehero.io/privacy/.
2.11. Maintenance Break – a break in access to AgileHero related to the necessity to carry out update, maintenance, or modernisation works.
2.12. Workspace – a project space within the Application created by the User, allowing for the grouping of projects and the Users invited to it, which constitutes a billing unit to which a Plan is assigned.
2.13. Terms of Use – these Terms of Use of AgileHero.
2.14. Force Majeure – an event that was not foreseeable by exercising care required within professional occupational relations, that remains beyond the control of both the User and the Service Provider, and that could not be prevented by them by exercising all due care, in particular, such events as natural disasters, extraordinary weather conditions, hacking attack, state of emergency, unusual conduct of communities, and actions of public authorities, the shutdown of the services of an external provider or restriction in its use.
2.15. Parties – the Service Provider and the User.
2.16. Agreement – an agreement for the provision of the Services concluded between the User and the Service Provider, the general terms and conditions of which are prescribed by these Terms of Use, and which refers to the use of the Application.
2.17. Services – all the services provided by the Service Provider through AgileHero, in particular, those enabling the User to set up and maintain an Account, place Orders, settings customisation options, create Workspaces, and other services connected with the use of AgileHero; some of the Services may constitute digital services or content within the meaning of the Act on consumer rights.
2.18. User – a natural person with full capacity to perform acts in law, a legal person, or an organisational entity who uses AgileHero in the scope prescribed in the Terms of Use; as part of the Workspace, the User may be assigned one or more roles, each carrying a specific set of authorisations and responsibilities.
2.19. Order – the User’s statement of will leading to the conclusion of the Agreement or its amendment, including the extension of the Services or change of the Plan; Orders may be placed in particular by electronic means via the AgileHero functionalities; Also a scope of Services expressly accepted by the Parties, presented in any file or in any other form, may be an Order.
3. Interpretation and General Terms of Use
3.1. Each User is prohibited from providing Content of unlawful nature and using AgileHero in a manner that distorts or prevents its proper operation.
3.2. Due to the specificity of the Services, AgileHero may be used by both Consumers and Users who are not Consumers. The provisions of the Terms of Use referring to the Users other than Consumers, in particular in the scope of liability, amendment of the Agreement, termination, do not violate the Consumer rights resulting from unconditionally applicable legal provisions.
3.3. Detailed rules on the use of the AgileHero functionalities and individual Services are also stated on the Service Provider’s website (https://agilehero.io) and in the documentation published there.
3.4. The User service and the provision of the Services take place on business days, with a proviso that the Application itself may be available also beyond those hours.
3.5. The Application sends notifications via e-mail and within the Application. The User may customise and turn off specific notifications. It is not possible to turn off the system correspondence that is essential for the operation of the Application (including the invitations to join the Workspace). Such notifications are not commercial information.
4. Technical Requirements. Reservations
4.1. In order to use AgileHero, the User has to meet the following minimum technical requirements: (a) a device with the Internet connection enabling the correct display of the AgileHero interface, (b) an installed, latest version of either Internet browser: Edge, FireFox, Opera, Chrome, Safari, (c) active JavaScript and Cookie support (subject to the relevant provisions of the Privacy Policy), (d) an active e-mail account. The recommended minimum screen resolution is 1024x768 pixels.
4.2. Depending on individual functionalities or modules of AgileHero, the Service Provider may prescribe additional technical requirements or manuals, which will be made available in the Application or on the Service Provider’s website.
4.3. If within the Agreement term the Service Provider modifies, improves, or updates the Application, then its new version will be immediately implemented and made available to the Users. The time for implementing a modification, upgrade, or update of AgileHero will correspond to the level of advancement and complexity of the implemented technical changes and may require a Maintenance Break.
4.4. The Users are prohibited from: (a) automatically downloading data from AgileHero (scraping, crawling), (b) using data from AgileHero for purposes that are illegal or competitive towards AgileHero, (c) attempting to circumvent the technical safeguards of AgileHero, (d) using AgileHero or the Services in a manner distorting their operation or violating the rights of third persons, (e) using AgileHero or the Services to send unsolicited commercial information (spam).
5. Registration. Account
5.1. In order to set up an Account and become a registered User, it is necessary to complete the registration procedure. The registration is carried out by using a dedicated form in AgileHero. Upon confirmation of the Account creation, an Agreement for the provision of electronic services related to the operation of the Account is concluded between the User and the Service Provider for an indefinite period. In the case of free provision of the Services (a free Plan), the Agreement for the provision of the Services is also concluded between the User and the Service Provider at that moment, for an indefinite period.
5.2. The User undertakes to provide true, accurate, and valid data during the registration and to keep them up-to-date. The User is obliged to protect the password and may not reveal the access data to third persons.
5.3. Within the Workspace, User roles are defined, which determine the scope of authorisations and may also affect access to specific Services and billing terms. A detailed description of the User roles and related responsibilities is each time available in the Workspace settings of the Application and on the Service Provider’s website.
5.4. The User may terminate the Agreement for the maintenance of the Account (or, in the case of free Services, the Agreement) at any time by using the "Delete Account" function available in the Application (or another button worded to equivalent effect), or — in particular if the User is unable to access the Application - by sending a relevant statement of will to the Service Provider by e-mail from the e-mail address used when registering the Account, to the following address: [email protected]. Termination takes effect upon the User's use of that function or upon the Service Provider's receipt of the statement, respectively, and results in the deletion of the Account within a period no longer than 30 days from that moment, subject to retention obligations arising from the law.
5.5. The User may not: (a) assign their rights and obligations resulting from the Agreement without the consent of the Service Provider; (b) use Accounts of other Users and make their Account available to other persons; (c) use the Account in violation of the Terms of Use or the law.
5.6. If the User violates the Terms of Use or other terms of Services, the Service Provider will request such User to cease the violation by setting a period of at least 7 days for this purpose, and upon the ineffective lapse of this period, the Service Provider is entitled to do the following: (a) send the User a warning that the Account may be blocked, (b) temporarily block access to the Account, (c) delete the Account, and thus terminate the Agreement with immediate effect, (d) prevent the User to establish an Account again. The Service Provider may apply the measures referred to in points (b)–(d) immediately, without setting the above period, where the violation is gross, unlawful, threatens the security or continuity of the Services, the Service Provider's systems or other Users, or by its nature cannot be remedied.
5.7. Upon deletion of the Account, the User will lose access to all resources within the Application, which takes place no later than upon the lapse of the period referred to in clause 5.4.
6. Agreement. Agreement Term
6.1. In order to use free-of-charge Services, such as browsing the Application, using the contact forms, the Account is not required, in this scope, the Agreement for the provision of Services will terminate upon sending the form to the Service Provider or ceasing to use the Application.
6.2. On the other hand, in order to use payable Services prescribed by the Pricelist, the User needs to pick up an Order (by selecting a Plan and Services) via AgileHero by means of a dedicated Order form, and then send it to the Service Provider by clicking the “Buy and pay” (or similarly formulated) button.
6.3. In the course of placing the Order, until activating the abovementioned button, it is possible for the User to identify and correct errors in the Order and to modify it through the Application’s sale system.
6.4. While placing the Order, the User makes the Service Provider an offer to conclude an Agreement concerning the Services (Plan) indicated in the Order. The Agreement is concluded by the acceptance of the abovementioned offer by the Service Provider upon your receipt of the Service Provider’s e-mail confirming that the payment has been made. The term for which the Agreement is concluded depends on the Subscription Fee that the User has paid as part of the Plan. For example, if the Subscription Fee is annual, the Agreement is concluded for one year.
6.5. Upon placing the Order, the User receives an Order confirmation to the e-mail address used for registering the Account.
6.6. Unless terminated, upon the lapse of the current Subscription Term the Agreement is automatically renewed for a further period equal to the Subscription Term, on the terms then in force. The User may terminate the Agreement at any time with effect as at the end of the current Subscription Term, by means of the Application functionalities. The termination becomes effective upon receipt of such statement by the Service Provider. Until the end of the current Subscription Term the User retains access to the Services, and the Subscription Fee paid for that term is not refunded.
6.7. The User may also terminate the Agreement with immediate effect for important reasons, in particular where the Service Provider fails to provide the Services in accordance with the Agreement, including in the event of a material or prolonged unavailability of the Services attributable to the Service Provider, and does not remedy this within 14 days of the User's request; this is without prejudice to the consumer's statutory rights in the event of non-conforming digital services. Upon expiry of the Agreement the Account is maintained on the free Plan (if available), and the provisions of clause 5.7 above apply accordingly only where the User deletes the Account.
7. Plans. Subscription. Subscription Term
7.1. In order to use the payable Services or extend the scope of the use of the Application, the User selects a Plan and pays the Subscription Fee as per the Order.
7.2. The terms of use of the Services are each time prescribed by the Plan selected by the User. In particular, the Plan may specify limits on the number of Users within a given Workspace.
7.3. The Subscription Fee is assigned to a specific Workspace and entitles the User to access the paid Services only within that Workspace. Where the User operates more than one Workspace, the Subscription Fee is payable separately for each Workspace under a paid Plan.
7.4. The Subscription Fee is charged in an amount indicated in the Pricelist in line with the placed Order. The sale of the Plan and the collection of the Subscription Fee are carried out by the Payment Operator acting as merchant of record (seller of record), which is responsible for collecting, reporting and remitting any applicable taxes, including VAT. The Pricelist indicates base prices. The final amount payable, including any applicable taxes determined on the basis of the User's location, is presented to the User by the Payment Operator at checkout before the Order is placed.
7.5. Payments are made through the functionalities provided by a third party – Payment Operator.
7.6. If the functionalities and websites referred to in clause 7.5. above are temporarily unavailable, this does not release the User from the obligation to make the payment once they are available again. The Service Provider is not liable for any damage incurred by the User resulting from the use of the functionalities or services of third parties, including the Payment Operator, for the purpose of paying the Subscription Fee.
7.7. The final binding price is indicated to the User in the Order summary upon its being sent.
7.8. The Payment Operator acts as merchant of record (seller of record) in respect of the sale of the Plans and the collection of the Subscription Fee. Accordingly, the contract for the sale of the Plan and for the payment is concluded between the User and the Payment Operator and is governed by the Payment Operator's terms, whereas the Services themselves are provided by the Service Provider under these Terms of Use. Matters relating to payment, taxes, invoices, refunds and chargebacks are handled by the Payment Operator, and the User's statutory rights, including a consumer's right of withdrawal in respect of the purchase, are exercised vis-à-vis the Payment Operator as the seller. This does not affect the User's rights vis-à-vis the Service Provider with respect to the provision of the Services. Refunds of the Subscription Fee are made by the Payment Operator in accordance with its terms and applicable law; a refund request may be submitted through the Payment Operator’s customer support for purchases sold through Link (support.link.com) or to the Service Provider at [email protected], who will forward it to the Payment Operator. Save for the cases prescribed by the Payment Operator’s terms or by unconditionally applicable legal provisions, the Subscription Fee paid for a Subscription Term that has already commenced is not refunded (clause 6.6).
7.9. Sales documents in respect of the Subscription Fee, including invoices, are issued by the Payment Operator acting as merchant of record, in accordance with the Payment Operator's terms and applicable tax regulations. The Service Provider does not issue invoices for the Subscription Fee.
7.10. The User may at any time change the Plan or extend the scope of the Services, in particular buy additional places for Users in the Workspace. In order to change the Plan and extend the Service scope, an Order must be placed; such change and extension are payable as per the Pricelist. The change takes effect upon the Service Provider’s confirmation of the Order, unless the Parties expressly agree upon another date.
7.11. The Subscription Fee is paid in advance for the entire Subscription Term. In the case of a recurring Subscription Fee, the payment for subsequent Subscription Terms is collected automatically through the Payment Operator acting as merchant of record at the beginning of each subsequent Subscription Term by means of the saved payment mode until the User resigns as prescribed in the Terms of Use. Where the User extends the scope of the Services during a Subscription Term (e.g. adds Users), the Subscription Fee for such extension is charged, through the Payment Operator, pro rata for the remaining part of the current Subscription Term.
7.12. The Subscription Term, and thus the User’s access to the payable Services, begins upon payment of the first Subscription Fee.
7.13. The Service Provider may provide the User with free trial period enabling the use of the Services without payment obligation. The end of the trial period does not cause automatic conversion into a payable Plan or charging any fees. In order to use payable Services, the User has to place an Order and pay the Subscription Fee.
8. MCP Server
8.1. The MCP Server is an Application functionality enabling the User to provide external AI tools with access to the Application in a scope corresponding to the User’s authorisations in the Application.
8.2. In order to use the MCP Server, the User has to generate a MCP token in the Account settings. The User may at any time browse the list of active MCP tokens, replace and invalidate them.
8.3. A MCP token is confidential. The User is obliged to keep the MCP token confidential and to immediately invalidate the token where it is suspected to have been made available to an unauthorised person.
8.4. The operations carried out in the Application through the MCP Server by means of the MCP token provided to a relevant User are treated as the operations of that User and have the same effects as if they were carried out directly by that User in the Application.
8.5. Using the MCP Server involves transferring data gathered in the Application, including personal data of other Users and third persons, to external suppliers of AI services selected by the User. The Service Provider is not a party in the relations between the User and such AI supplier. The AI supplier’s procedure for data processing is prescribed by the terms of service of such supplier.
8.6. The User using the MCP Server is obliged to abide by the legal provisions, in particular referring to personal data protection, and to obtain any required permit or authorisation, if the User provides other persons’ data to the AI supplier through the MCP Server.
8.7. The Service Provider may at any time restrict or block the use of the MCP Server where abuses have been determined, in particular exceeding technical limits, attempts to circumvent permissions, or actions that compromise security of the Application.
8.8. The MCP token is exclusively of a technical nature, which means that it is used to authorise access of external AI tools to the Application on behalf of the User. The MCP token is not a means of payment, electronic money, a coupon, a voucher, or any other instrument of financial value, it is not exchangeable for cash or other benefits, it may not be traded, and it is personal and non-transferable to third parties.
8.9. The Service Provider may change the method of authenticating and authorising access of external AI tools to the Application via the MCP Server, in particular replace the MCP token with another mechanism serving the same function. In such case, the provisions of this clause 8 concerning the MCP token apply accordingly to that other mechanism.
9. Consumer rights. Withdrawal
9.1. The Consumer who concludes a remote Agreement with the Service Provider may withdraw from it without providing reason within 14 days of its conclusion.
9.2. In order to exercise the withdrawal right, the Consumer should provide the Service Provider with an unambiguous statement of withdrawal from the Agreement, in particular via e-mail, from the e-mail address linked with the Account, to the Service Provider’s e-mail address: [email protected].
9.3. In order to comply with the term referred to in clause 9.1., it is sufficient to send the statement prior to its lapse.
9.4. The withdrawal right does not apply where the Consumer has given the consent to start the provision of a digital service prior to the lapse of the term for withdrawal and has been advised of the loss of the withdrawal right once the Service Provider satisfies the performance, in accordance with unconditionally applicable legal provisions.
9.5. The Service Provider provides a template form for withdrawing from the Agreement, appended as Appendix no. 1 to the Terms of Use.
10. Complaints on the operation of AgileHero
10.1. The User may file a complaint related to the operation of AgileHero or Services.
10.2. A complaint should include at least details enabling the identification of the User as the complaining person and state reasonable reservations and comments on which the complaint is based. The complaint should be sent via the contact form available at https://agilehero.io/contact/ or to the e-mail address [email protected].
10.3. The Service Provider will consider the complaint within 14 days from receiving it. If the Consumer filed a complaint and the Service Provider failed to response within 14 days, it is deemed that it accepted the complaint, while this provision is not applicable to the Users other than Consumers.
10.4. The Service Provider will send a response to the complaint to the e-mail address indicated by the User.
10.5. Filing a complaint does not exclude or limit the User’s, in this the Consumer’s, right to pursue claims on the terms prescribed by unconditionally applicable legal provisions.
10.6. In the scope in which AgileHero, including the Services, are digital services provided to a Consumer, the Service Provider is liable for their compliance with the Agreement on the terms prescribed in the Act on consumer rights. Where a digital service is not compliant with the Agreement, the Consumer enjoys the rights prescribed in the said Act, in particular the right to request the digital service to be brought to compliance with the Agreement, and in the cases stated in the Act – the right to a reduction of a price or to withdraw from the Agreement. The Service Provider provides the Consumer with updates necessary to keep the digital service compliant with the Agreement throughout the Agreement term.
10.7. Complaints concerning payments, sales documents (invoices), refunds and chargebacks are handled by the Payment Operator as merchant of record, in accordance with the Payment Operator's terms; the Service Provider, to the extent possible, assists the User in contacting the Payment Operator.
11. Illegal Content and complaints
11.1. The Service Provider ensures the smooth technical operation of the Application, which constitutes its scope of liability for the Services rendered through it. In particular, the Service Provider does not exercise ongoing control or monitoring of the information and Content uploaded by the Users to AgileHero, in particular as part of projects.
11.2. AgileHero operates with respect for the law and the personal interests of third parties. Therefore, if an action violating rights or interests of third persons is detected, a relevant person should immediately advise the Service Provider thereof. In particular, the Service Provider should be advised of information that, in itself or by reference to an action, including the sale of products or the provision of services, does not comply with the law of the European Union or any member state that complies with the law of the European Union, irrespective of the specific subject matter or nature of that law (the so-called illegal Content). In the same way, everyone may also notify the Service Provider of any violation of the Terms of Use or the law, in particular consumer law.
11.3. Notifications pertaining to actions that infringe any rights or interests as well as illegal Content should be sent by means of a dedicated functionality of AgileHero (“Report Content” or other, similarly formulated button). If there is no such functionality, the report may also be filed by writing to the e-mail address: [email protected]. In order to facilitate the procedure, the notification should include at least the following information: (a) details identifying the reporting person (first and last name) and e-mail address, if other than that from which the notification is sent, (b) indication of the Content or actions that infringe the law, along with indication of the infringed law or explanation of the reasons why the reporting person is alleging the relevant information to be illegal Content, (c) indication of the place within the Application where such Content is located, in particular the URL address, (d) a statement confirming a good faith belief that the information and allegations contained therein are correct and complete.
11.4. Once the Service Provider receives such a notification or official notification, it will immediately confirm its receipt. Then, the Service Provider will consider it and decide on the reported Content in a non-arbitrary and objective manner, exercising due care, and, most importantly, in a timely manner – within 30 days. The Service Provider will immediately notify the reporting person of the decision. The reporting person may appeal against the Service Provider’s decision within 7 (seven) days. The other provisions referring to appeals prescribed in clause 11.4 apply accordingly.
11.5. As a consequence of receiving such notification or official notification, access to the Content or relevant activity within AgileHero will be prevented, and the Service Provider will advise of that the User to whom the notification or complaint referred. In such a case, the User may also appeal against the Service Provider’s decision within 7 (seven) days. The appeal should contain an exhaustive statement of reasons. The Service Provider will consider the appeal within 7 (seven) days. Also the person reporting a violation enjoys the right to appeal.
11.6. Then, if the allegation proves justified or the User fails to take a stance towards it, then the Service Provider will remove such Content, and in the case of considerable violation of the law – it will remove the Account from which such actions were taken.
12. Intellectual Property
12.1. Any intellectual property rights to AgileHero, including the source code, interface, algorithms, models, documentation, data bases, functional layout, and materials made available by the Service Provider, are held by the Service Provider or entities cooperating with the Service Provider.
12.2. The Agreement does not authorise the Users, in particular, to: (a) reproduce, disseminate, lend, dispose of, or otherwise redistribute AgileHero or its elements, directly or indirectly, (b) modify, reverse engineer, or otherwise interfere in the AgileHero software, (c) use the intellectual property belonging to the Service Provider for the purpose of creating own products and services, (d) use the intellectual property belonging to the Service Provider for an unlawful purpose or to the detriment of the Service Provider.
13. Personal Data
13.1. The Service Provider is the controller of Users' personal data to the extent such data is processed for the purpose of registration, maintenance and operation of the Account, as well as for purposes arising from the Service Provider's legitimate interests, in particular analytics of the use of the Services, monitoring of usage (including for billing purposes) and compliance with legal obligations. Details are set out in the Privacy Policy.
13.2. The controller of personal data contained in the Content (including in the content of tasks – cards, projects, descriptions, comments, files, attachments etc. entered by Users) is the User. Within a given Workspace, the controller of such data is in particular the User who created the Workspace and is responsible for its billing; the remaining Users use the Workspace on the basis of that User's authorization and within the scope of the role assigned to them.
13.3. To the extent the User acts as the controller of personal data contained in the Content, the User entrusts the Service Provider with the processing thereof on the terms set out in this chapter (a data processing arrangement within the meaning of Article 28 GDPR). If the User uses the Services solely for personal purposes unrelated to professional or business activity and does not act as the controller of other persons' personal data, this chapter does not apply, and the processing of data is governed by the Privacy Policy.
13.4. The Service Provider processes data solely on the User's documented instructions, which are understood in particular as actions taken by the User and by other Users within the Workspace, including entering and processing Content in the course of using the functionalities of the Services.
13.5. The User represents and warrants that:
13.5.1. it has a legal basis for processing the data;
13.5.2. the data was obtained in accordance with the law;
13.5.3. its use within the Services does not infringe the rights of third parties.
13.6. The entrustment of processing is granted by the User for the term of the Agreement and solely for the purpose of its performance by the Service Provider. The User entrusts the Service Provider with the processing of the following categories of personal data: first name, surname, e-mail address, User identifiers, IP addresses, and any data entered by Users in the course of using the Services, in particular data contained in the content of tasks (Cards), projects, descriptions, comments, files and attachments (categories of data subjects whose personal data is subject to the entrusted processing: (i) Users; (ii) persons whose personal data forms part of the Content).
13.7. The Service Provider applies appropriate technical and organizational measures in accordance with Article 32 GDPR, ensuring a level of security appropriate to the risk, including, among others, logical isolation of data between Workspaces, encryption of data in transit, and backup systems.
13.8. The Service Provider ensures that persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
13.9. The Service Provider may engage further processors (subprocessors), including providers of infrastructure (hosting), e-mail and communication services, analytics tools, and support services. The User gives its general consent thereto. The Service Provider notifies the User of changes to subprocessors at least 7 days in advance, during which period the User is entitled to object to the engagement of a new subprocessor.
13.10. Data may be transferred outside the European Economic Area, in particular in connection with the use of subprocessors' services (e.g., infrastructure providers), using mechanisms compliant with the GDPR, such as an adequacy decision or standard contractual clauses, to which the User hereby consents.
13.11. The Service Provider, to the extent possible, assists the User in fulfilling the obligations arising under the GDPR, including with respect to handling data subjects' requests and the obligations under Articles 32–36 GDPR.
13.12. Termination of the data processing arrangement will result in the impossibility of performing the Agreement for the User to the extent that performance requires the processing of data for which the User is the controller. Upon completion of the provision of processing-related services, depending on the User's decision, the Service Provider shall delete or return to the User all personal data and delete all existing copies thereof, unless Union or Member State law requires the storage of the personal data.
13.13. The Service Provider makes available to the User all information necessary to demonstrate compliance with the obligations set out in the data processing arrangement and allows for and contributes to audits, including inspections, conducted by the User or an auditor authorized by the User, provided that the User is obliged to notify the Provider of a planned audit in advance, with at least 7 days' notice.
13.14. The Service Provider shall, without undue delay, inform the User of a personal data breach, no later than within 36 hours of its detection.
13.15. The Service Provider is not responsible for the legality of the personal data obtained by the User or for the compliance of such activity with the GDPR. The Service Provider may in this respect provide the User with guidance or its own opinion; however, such opinion is binding on neither the Provider nor the User, and in particular does not extend the scope of the Agreement.
13.16. The Service Provider informs the User if the User's instruction infringes data protection provisions.
13.17. The User acknowledges that the Content entered (in particular the content of Cards, projects, comments and attachments) may contain personal data, and is responsible for the scope and adequacy of the personal data entered into the Services.
14. Liability
14.1. As was stated above, the Service Provider provides the Application and ensures its smooth technical operation, what constitutes the scope of its liability for the proper provision of Services.
14.2. Except for damage caused entirely or partly through the Service Provider’s fault, the Service Provider is not liable for the following:
14.2.1. Content, including data entered by the Users, including the actions and omissions of other Users within the Workspace, e.g., the consequences of authorisations granted by the User to other Users, the consequences of such persons deleting or modifying Content, the consequences of conversion, export, or transfer of Content between modules or formats performed by the User;
14.2.2. interruptions in the availability of AgileHero caused by Force Majeure;
14.2.3. decisions made by the User on the basis of analytical data, reports, or metrics presented in AgileHero, which are provided for informational and reference purposes only;
14.2.4. restriction of access to the functionalities or Content resulting from the scope of the selected Plan, including following the end of the trial period or downgrade of the Plan;
14.2.5. effects of the use of the Services and AgileHero in violation of their intended use or the Terms of Use;
14.2.6. action, omission, and services of third parties used by the User in connection with AgileHero, including the suppliers of external AI tools connected by the User and the Payment Operator;
14.2.7. effects of the operations carried out in AgileHero through external tools, including AI connected by the User, in particular through the MCP Server, treated as the User’s operations, the effects of transmitting data to such tools
14.3. With respect to the Users that are not Consumers:
14.3.1. the Service Provider is held liable only to the extent of damage actually incurred by the User; the Service Provider is not liable for such User’s lost profits,
14.3.2. the total liability of the Service Provider on account of any claims connected with the use of AgileHero is limited to the amount of USD 1.000;
14.3.3. the above limitations of liability do not apply to damage caused intentionally or to liability that cannot be excluded or limited under unconditionally applicable legal provisions.
15. Amendment of the Terms of Use
15.1. The Service Provider may amend these Terms of Use for important reasons. An important reason include:
15.1.1. adjusting the Terms of Use to the generally applicable legal provisions, their interpretation, recommendations or guidelines of competent authorities;
15.1.2. issuing an adjudication, decision, order, or any other similar deed by a court or a competent authority, if this make it necessary to amend the Terms of Use;
15.1.3. preventing violations of the Terms of Use, counteracting abuses, circumventing safeguards, or other actions violating the Service Provider’s or the Users’ rights;
15.1.4. clarifying any ambiguities, errors, contradictions, or interpretive uncertainties regarding the content of the Terms of Use;
15.1.5. changing the Service Provider’s identification, contact, official, or organisational details stated in the Terms of Use;
15.1.6. changing the scope, manner, form, or terms and conditions of the Service provision;
15.1.7. changing technical parameters, functionalities, or the manner of operation of AgileHero, in this developing, modernising, improving, or withdrawing selected functionalities.
15.2. Any amendment of the Terms of Use will be communicated to the User via e-mail sent to the address linked with the Account at least 14 days before its effective date. The notice of the amendment will include at least the scope of the introduced amendments and the consolidated text of the Terms of Use or a statement of amendments.
15.3. The User may terminate the Agreement prior to the effective date of the amendment to the Terms of Use. In such a case, the termination has the effects prescribed by the Terms of Use, subject to clause 15.3 below.
15.4. If the User files termination notice within the period for notification of the amendment of the Terms of Use, until the lapse of the termination period, the existing wording of the Terms of Use is applicable, unless the nature of the amendment or unconditionally applicable legal provisions require new provisions to become applicable at an earlier date.
15.5. If the User fails to terminate the Agreement before the effective date of the amendment, it is deemed that the Terms of Use have been accepted in their amended wording, with a proviso that the amendment to the Terms of Use cannot restrict the Consumer rights resulting from unconditionally applicable legal provisions.
15.6. Amendments to the Terms of Use do not affect the rights acquired by the User prior to their effective date, unless unconditionally applicable legal provisions provide otherwise.
16. Amendment of the Pricelist
16.1. The Service Provider may amend the Pricelist, including the amount of the Subscription Fee and other fees. The amendment of the Pricelist does not apply to a current, paid-up Subscription Term - new rates may apply at the earliest from the subsequent Subscription Term. Each renewed Subscription Term is charged at the Pricelist in force at the start of that term, provided that the amendment has been notified to the User in accordance with clause 16.2.
16.2. Any amendment to the Pricelist will be communicated to the User via e-mail sent to the address linked with the Account at least 14 (fourteen) days before the effective date of the amendment. If the User does not accept the new Pricelist, they may resign from the renewal of the Subscription (if applies) prior to the end of the current Subscription Term. In such a case, the Services are provided until the end of the paid-up Subscription Term at the existing rate, and the Subscription will not renew for another Subscription Term (if applies).
16.3. If the User does not resign, the new Pricelist will be applicable from the subsequent Subscription Term.
17. Dispute Resolution
17.1. The governing law for the legal relations resulting from these Terms of Use is Polish law, without detriment to the provisions unconditionally applicable in the Consumer’s country of habitual residence.
17.2. The Parties will make every effort to settle any dispute resulting from or related to the Agreement in an amicable manner.
17.3. If it is not possible to settle a dispute amicably, then disputes with Users other than Consumers will be settled by the court with local jurisdiction over the registered office of the Service Provider.
17.4. The Consumer has the right to take advantage of out-of-court dispute resolution. The Consumer may refer to a permanent consumer court to settle the dispute. In such a case, the User may also refer to another arbitration court for mediation or settlement (take advantage of alternative dispute resolution, ADR). To this end, the User should file a motion for mediation or a motion for settlement of the case before an arbitration court, depending on the Consumer’s intent, with the Service Provider. A list and addresses of the entities conducting such proceedings are available at competent authorities, including on their websites. If the Consumer resigns from the use of ADR, any dispute resulting from these Terms of Use will be resolved by a common court with jurisdiction determined in line with a legal deed applicable to the User-Consumer.
18. Final Provisions
18.1. The Service Provider processes the Users’ personal data in accordance with the Privacy Policy, which, among other things, serves satisfaction of the disclosure requirement towards data subjects under the GDPR.
18.2. If any provision of these Terms of Use or their part proves invalid, then the other provisions will remain in full force and effect.
18.3. Any matters not specified in these Terms of Use are governed by relevant provisions of Polish law, in particular the Civil Code, the Act on the provision of services by electronic means, the Act on consumer rights, and the GDPR.
18.4. The Service Provider has designated an electronic point of contact related to the Application for direct communication with member state authorities, the Commission, and the European Board for Digital Services: [email protected]. You can communicate with us in Polish or English.
18.5. The Terms of Use come into effect on 1 September 2026.
Appendix no. 1
Addressee: AGILEHERO sp. z o.o. with its registered office in Warsaw ul. Złota 75A lok. 7, 00-819 Warszawa, e-mail address: [email protected],
I/We(*) hereby inform you that I/we(*) withdraw from the agreement for the provision of services by electronic means that enable the use of the AgileHero Application and the User Account.
Date of conclusion of the Agreement: __________________
First and last name of the consumer(s): __________________
Address of the consumer(s): __________________
E-mail address linked with the Account: __________________
Signature of the consumer(s): __________________ (only if the form is sent in paper form)
Date: __________________
(*) Delete as appropriate.