Terms of Service

§ 1. General provisions

1. These Terms set out the rules for using the Klino app available at app.klino.pl and the website www.klino.pl. They are the terms and conditions referred to in Art. 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means.
2. The Provider is ALEKSANDER LUBYCH, a sole proprietorship registered in the Polish Central Register and Information on Economic Activity (CEIDG), address: ul. Przy Forcie 10 lok. 41, 02-495 Warszawa, Tax ID (NIP): 1231402029, REGON: 380570421, email: kontakt@klino.pl. Electronic delivery address: AE:PL-60915-19473-UGTJT-34.
3. Klino is intended for businesses, in particular companies cleaning short-term rental apartments. The services are not provided to consumers.To check: lawyer: whether and how to cover sole proprietors to whom Art. 385⁵ et seq. of the Polish Civil Code grants part of consumer protection, if the contract is not of a professional nature for them.
4. The Data Processing Agreement (Annex 1) is an integral part of these Terms.

§ 2. Definitions

• Customer — a business that has created an Account and concluded the Agreement.
• User — a natural person who uses the App on behalf of the Customer: an owner, coordinator, employee (e.g. a cleaner), driver or other person to whom the Customer has given access.
• Account — the Customer's company account in the App together with the Users' accounts.
• App — the Klino software made available in a web browser (SaaS model).
• Agreement — the agreement for the provision of services by electronic means concluded on the terms of these Terms.
• Billable Cleaning — a cleaning in the App for which a User has sent a report (status “sent” or a later one), regardless of whether the Customer has approved the report. A cancelled cleaning is not a Billable Cleaning, even if it was cancelled after the report was sent. A cleaning counts in the calendar month in which the date of the cleaning falls. A cleaning whose report was a mistake (a duplicate or a test) is not a Billable Cleaning, if the Customer reports this by email to kontakt@klino.pl within 7 days of receiving the invoice covering that cleaning; the Provider then issues a corrective invoice.
• Trial Period — the first 30 days from the creation of the Account.
• Price List — the current price list available at klino.io/pricing.

§ 3. Scope of services

1. The Provider makes the App available for organising the work of a cleaning company, in particular: planning cleanings and the day plan, fetching bookings from iCal calendars (e.g. Airbnb, Booking.com, IdoBooking), reports with photos, reporting issues, calculating team pay, planning driver routes and linen, preparing pro forma documents for the Customer's clients, sharing reports by link, and notifications.
2. The features available in each plan (Start, Pro) are described in the Price List. Features marked in the Price List as announced (“coming soon”) are not part of the service until they are made available. The Provider may develop the App and add and change features, provided that this does not materially worsen the services the Customer pays for.
3. Report photos are kept for 3 months on the Start plan and for 12 months on the Pro plan, counting from the day of the cleaning; after that time they are deleted. Other cleaning and billing data is kept for the entire term of the Agreement.
4. The Provider also runs, free of charge, the website www.klino.pl with information about the App and a guide.

§ 4. Technical requirements

1. Using the App requires: a device with internet access, an up-to-date browser (Chrome, Safari, Edge or Firefox) with JavaScript and the cookies needed for login enabled, and the User's email address or phone number.
2. Some features (camera for photos, notifications) require the User's consent in the browser or the phone's system.
3. Using the internet involves typical risks (e.g. malware, password theft). The Customer takes care of the security of its devices and of the Users' passwords and PIN codes.

§ 5. Conclusion of the Agreement and the Account

1. The Agreement is concluded when the Account is created, after acceptance of these Terms together with the Data Processing Agreement and confirmation of the email address. The Agreement is concluded for an indefinite period.
2. The person creating the Account declares that they are authorised to act on behalf of the Customer and that the data provided is true.
3. The Customer is responsible for the actions of the Users to whom it has given access and for assigning them the appropriate roles.

§ 6. Trial Period

1. For the first 30 days the Customer uses the App free of charge. No payment card is required.
2. During the Trial Period the Customer has access to all features of the Pro plan.
3. The Provider may extend the Trial Period for selected Customers (e.g. in the offer for the first companies: 2 months free) on the basis of an individual arrangement communicated by email or in the App. The extension does not change the other provisions of these Terms.
4. Before the end of the Trial Period the Provider will send a reminder by email. If the Customer does not wish to continue, it may terminate the Agreement at any time during the Trial Period at no cost.To check: the app does not send such an email today — do it manually at the start or remove the sentence.
5. After the end of the Trial Period the Account moves to the Start plan, paid according to the Price List, unless the Customer chooses the Pro plan. From that day the Customer pays the fee according to § 7, including for the first billing month without the minimum fee (§ 7(4)). The consequences of non-payment, including blocking of the Account, are set out in § 7(7)–(8).

§ 7. Fees and payments

1. The fee depends on the number of Billable Cleanings in a calendar month and is €0.25 excl. VAT per Billable Cleaning on the Start plan and €0.50 excl. VAT on the Pro plan.
2. The minimum fee for a month is €10 excl. VAT, regardless of the plan. The Customer pays the higher of: (number of Billable Cleanings × price per cleaning) or €10 excl. VAT.
3. The number of apartments and Users does not affect the price. The Customer may change the plan at any time. The parties may agree additional services, e.g. help with implementation, separately.
4. The first billing month after the Trial Period (the calendar month in which the Trial Period ends) is without the minimum fee in para. 2: the Customer pays only for Billable Cleanings after the end of the Trial Period. The minimum fee applies from the following calendar month.
5. The Provider is an active VAT payer. Prices in the Price List exclude VAT. VAT is charged according to the applicable law. For business customers in another EU country with a valid VAT number, reverse charge may apply.
6. The Provider issues an invoice after the end of the calendar month and sends it by email (or makes it available in KSeF, the Polish e-invoicing system, if the law requires it). Invoices are issued in EUR. The Customer accepts electronic invoices. The payment term is 14 days from the date of issue of the invoice, by bank transfer to the account shown on the invoice.
7. In the event of late payment the Provider may charge statutory interest for delay in commercial transactions.
8. If the Customer does not pay an invoice on time, for 14 days after the payment deadline the App works without restrictions and displays information about the overdue payment. After those 14 days the Provider may block access to the Account until payment is made.
9. Blocking does not result in deletion of data: the Provider keeps the Customer's data for the entire period of the block. Once the overdue payment has been booked, the Provider restores access to the Account without delay. If the Agreement is terminated (§ 13(3)), the data is kept and deleted according to § 14(2).To check: lawyer: whether data export must be made possible during a block (return of data under the Data Processing Agreement).
10. The Provider may change the Price List by informing the Customer by email at least 30 days before the change. A Customer who does not accept the change may terminate the Agreement with effect on the day the change enters into force.

§ 8. Customer's obligations

1. The Customer uses the App in accordance with the law, these Terms and good practice.
2. It is prohibited to provide unlawful content or content infringing the rights of third parties, including uploading photos showing the image of people without a legal basis, and to take actions that disrupt the operation of the App (e.g. attempts to bypass security, automated data downloading without the Provider's consent).
3. The Customer is responsible for having a legal basis for entering into the App the personal data of its employees, contractors, clients and guests, and for fulfilling its information obligations towards them.
4. Calculations in the App (pay, rates, margin, pro forma documents, travel times and routes) are for assistance only. The Customer checks them before making a payment, issuing an invoice or taking a decision.

§ 9. Availability and support

1. The Provider exercises due care to keep the App running without interruption. It carries out planned technical work, where possible, outside the working hours of cleaning companies and announces it in advance if it may last longer than one hour.
2. The Provider does not guarantee any specific level of availability of the App (SLA). It makes efforts to keep interruptions as short as possible and informs the Customer of planned technical work in advance, by email or in the App.
3. Support is provided by email at kontakt@klino.pl on working days. The Provider responds no later than the next working day.
4. The Provider is not responsible for the operation of third-party services that the App uses at the Customer's request, in particular iCal calendars of booking portals, maps and navigation, email and messengers.

§ 10. Liability

1. The Provider's liability towards the Customer under the Agreement, regardless of the legal basis, is limited to actual loss, and its total liability is limited to the amount of the fee paid by the Customer for the 3 months preceding the event that caused the damage.
2. The Provider is not liable for lost profits, including lost orders, revenue and clients.
3. The limitations do not apply to damage caused intentionally (Art. 473 § 2 of the Polish Civil Code) or to liability that cannot be excluded under the law.
4. The Provider is not liable for the consequences of providing untrue data, sharing passwords or PIN codes with third parties, errors in booking calendars supplied by portals, or decisions taken on the basis of the assistive calculations referred to in § 8(4).
5. The parties' liability with regard to personal data is set out in the Data Processing Agreement.

§ 11. Personal data

1. The Provider processes the data of persons creating an Account and contacting the Provider as a controller, on the terms described in the Privacy policy.
2. The Provider processes the data that the Customer enters into the App (including data of employees, clients and guests) as a processor, on the basis of the Data Processing Agreement (Annex 1), which the Customer accepts together with these Terms.
3. The Provider may use anonymised and aggregated data on the use of the App (e.g. the number of cleanings, the time needed to prepare a plan) to develop the App and for statistics, without the possibility of identifying the Customer or natural persons.

§ 12. Complaints

1. Complaints about the services can be submitted by email to kontakt@klino.pl. A complaint should include the Customer's name, the Account email address and a description of the problem.
2. The Provider handles a complaint within 14 days of receiving it and replies by email.

§ 13. Termination of the Agreement

1. The Customer may terminate the Agreement at any time by sending an email from the Account address to kontakt@klino.pl or by using the relevant function in the App, if available. The Agreement ends at the end of the calendar month in which notice was given. The Customer pays for Billable Cleanings up to that day.
2. The Provider may terminate the Agreement with 30 days' notice, informing the Customer by email.
3. The Provider may terminate the Agreement with immediate effect if the Customer grossly breaches these Terms (in particular § 8(2)) or is more than 30 days late with a payment despite a reminder.
4. The Provider refunds any fees collected in advance for the period after termination of the Agreement, if there were any.

§ 14. Export and deletion of data

1. During the Agreement the Customer may at any time export its data from the App in the available formats (e.g. financial statements and employee pay settlements in CSV, invoices in PDF). On request sent to kontakt@klino.pl the Provider will supply a full copy of the Account data in a commonly used electronic format (CSV or JSON) and the report photos.
2. After termination of the Agreement, including for the reasons stated in § 13(3), the Provider keeps the Customer's data for 90 days. During that time the Customer may request its export (para. 1) by writing to kontakt@klino.pl. After that time the Provider deletes the Customer's data, unless its further storage is required by law (e.g. data for invoices issued by the Provider).
3. Data in backups is deleted as part of their normal overwrite cycle, no later than 30 days after deletion of the data from the App.To check: confirm the backup retention period in the Supabase plan.

§ 15. Changes to the Terms

1. The Provider may change these Terms for important reasons, in particular: changes in the law, changes in the scope or manner of providing the services, changes of subcontractors, or security considerations.
2. The Provider informs of a change by email and in the App at least 14 days before it enters into force. If the Customer does not accept the changes, it may terminate the Agreement with effect on the day they enter into force.

§ 16. Final provisions

1. The Agreement is governed by Polish law.
2. Disputes are resolved by the court having local jurisdiction for the Provider's address stated in § 1(2).
3. In matters not regulated here, the provisions of the Polish Civil Code and the Polish Act on the Provision of Services by Electronic Means apply.
4. These Terms are available free of charge at klino.io/terms in a form that allows them to be downloaded and printed.