1. Parties to the Agreement

These Terms and Conditions of Service (the "Terms") constitute a legally binding agreement between Progus sp. z o.o., a company registered under the laws of Poland, with its registered office at ul. Sklepowa 27, 97-500 Radomsko, Poland, registered in the Polish National Court Register (KRS) under number 0001078024, NIP 7722434496, share capital PLN 10,000.00 (hereinafter "PROGUS" or "Company") and the user of the services provided by PROGUS (hereinafter "User" or "Customer").

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

• "Service" means any software, application, or digital service provided by PROGUS, including but not limited to the Progus applications listed in Section 4 (such as Store Locator, COD Form & OTP SMS, Subscriptions, Trust Badges & Icons, AI Studio, Sticky Add to Cart Bar, Upsell AI, and InPost by Progus).
• "Platform" means any third-party platform where PROGUS services are made available, including but not limited to Shopify, Wix, and other e-commerce platforms.
• "User Account" means the account created by the User to access and use the Service.
• "Subscription" means the paid access to premium features of the Service.
• "Content" means any data, information, or materials uploaded, stored, or processed through the Service.

3. Acceptance of Terms

By accessing, downloading, installing, or using any Service provided by PROGUS, the User agrees to be bound by these Terms. If the User does not agree to these Terms, they must not use the Service.

4. Description of Services

PROGUS provides a range of applications, distributed mainly through the Shopify App Store, the Wix App Market, and WordPress.org. The Services currently include, without limitation, the following applications:

4.1 Store Locator

A service that allows Users to create, manage, and display interactive maps showing physical store locations, including location management and customization, interactive map display, search functionality, integration with e-commerce platforms, and analytics features.

4.2 COD Form & OTP SMS

A service that provides a Cash on Delivery (COD) order form, optional phone-number verification by SMS one-time password (OTP), fraud prevention, and management of the visibility and limits of the COD payment method.

4.3 Subscriptions

A service that enables Users to offer recurring subscription plans, manage subscription contracts, and provide their customers with a portal to manage their subscriptions, including AI-assisted plan suggestions.

4.4 Trust Badges & Icons

A service that displays trust badges, payment-method icons, and guarantee symbols on the User's storefront.

4.5 AI Studio

A service that uses artificial intelligence to generate product image variants from the User's product photos.

4.6 Sticky Add to Cart Bar

A service that displays a persistent "add to cart" bar on product pages to improve conversion.

4.7 Upsell AI

A service that provides AI-driven upsell and cross-sell product recommendations at different stages of the shopping journey.

4.8 InPost by Progus

A service that lets the User's customers select an InPost parcel locker or pickup point during checkout and helps the User generate shipping labels for InPost deliveries.

PROGUS may add, modify, or discontinue applications over time. The specific features available depend on the application and the subscription plan selected.

5. User Registration and Account

To use the Service, Users must create an account by providing accurate and complete information. Users are responsible for:

• Maintaining the confidentiality of their account credentials
• All activities that occur under their account
• Notifying PROGUS immediately of any unauthorized use
• Ensuring their account information remains accurate and up-to-date

6. Subscription and Payment Terms

6.1 Subscription Plans

PROGUS offers various subscription plans with different features and limitations. Details of current plans are available on the PROGUS website.

6.2 Payment

Subscription fees are charged in advance on a monthly or annual basis, depending on the selected plan. Payment is processed through secure third-party payment providers, depending on the platform (for example Shopify for Shopify apps, Wix for Wix apps, and Paddle for direct/SaaS subscriptions). Applicable taxes (such as VAT) may be added where required.

6.3 Free Trial

PROGUS may offer free trial periods for new Users. Trial periods are subject to the same Terms as paid subscriptions, except for payment obligations.

6.4 Price Changes

PROGUS reserves the right to modify subscription prices with 30 days' notice to existing subscribers. Price changes will not affect the current billing period.

6.5 Refunds

Refunds, where applicable, are handled in accordance with our Refund Policy and the rules of the platform through which the subscription was purchased (for example Shopify or Wix).

7. User Obligations and Restrictions

7.1 Permitted Use

Users may use the Service only for lawful purposes and in accordance with these Terms. Users agree to:

• Use the Service in compliance with all applicable laws and regulations
• Respect intellectual property rights
• Not interfere with the Service's operation or security
• Not attempt to reverse engineer, decompile, or disassemble the Service

7.2 Prohibited Activities

Users are prohibited from:

• Using the Service for any illegal or unauthorized purpose
• Transmitting viruses, malware, or other harmful code
• Attempting to gain unauthorized access to PROGUS systems
• Violating any applicable laws or regulations
• Infringing on the rights of third parties

8. Intellectual Property Rights

8.1 PROGUS Intellectual Property

The Service, including its design, functionality, and underlying technology, is owned by PROGUS and protected by intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to use the Service.

8.2 User Content

Users retain ownership of their Content but grant PROGUS a license to use, store, and process their Content as necessary to provide the Service.

8.3 AI-Generated Content

Some Services use artificial intelligence to generate content or suggestions (for example product images, subscription-plan suggestions, and product recommendations). AI-generated output may be inaccurate or incomplete, and the User is responsible for reviewing it before use and for ensuring it does not infringe third-party rights. The User is responsible for the product images and other materials they submit for processing and must hold the necessary rights to them.

9. Data Protection and Privacy

PROGUS's collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Users consent to the collection and use of their information as described in the Privacy Policy.

10. Service Availability and Modifications

10.1 Service Availability

PROGUS strives to maintain high service availability but does not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

10.2 Service Modifications

PROGUS reserves the right to modify, update, or discontinue features of the Service with reasonable notice to Users.

11. Limitation of Liability

To the maximum extent permitted by law, PROGUS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from the use or inability to use the Service.

12. Indemnification

Users agree to indemnify and hold harmless PROGUS from any claims, damages, or expenses arising from their use of the Service or violation of these Terms.

13. Termination

13.1 Termination by User

Users may terminate their account at any time by following the cancellation process provided in the Service or by contacting PROGUS support.

13.2 Termination by PROGUS

PROGUS may terminate or suspend User accounts immediately for violation of these Terms or for any other reason at PROGUS's discretion.

13.3 Effect of Termination

Upon termination, Users' access to the Service will cease, and their data may be deleted according to PROGUS's data retention policy.

14. Force Majeure

PROGUS shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, or government actions.

15. Governing Law and Jurisdiction

These Terms are governed by Polish law. Any disputes arising from these Terms shall be subject to the jurisdiction of the courts competent for the registered office of PROGUS. Nothing in these Terms deprives a User who is a consumer of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence, including their right to bring proceedings before the courts of that country.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between PROGUS and the User regarding the use of the Service.

18. Changes to Terms

PROGUS reserves the right to modify these Terms at any time. Changes will be effective upon posting on the PROGUS website. Users' continued use of the Service after changes constitutes acceptance of the modified Terms.

19. Complaints and Dispute Resolution

Users may submit complaints regarding the Service to PROGUS at [email protected]. PROGUS will investigate complaints and respond within 30 days. If additional information is required, PROGUS may request such information, and the 30-day period will be counted from the date of providing such information.

The complaint procedure ends with PROGUS sending a response to the complaint notification. The response is sent only to the e-mail address given in the complaint application.

20. Contact Us

If you have any questions about these Terms, please contact us at [email protected].