HUBAL Terms of Service

§1. General provisions

1. These Terms of Service set out the rules for the provision of services by electronic means by ANTONI SUROWIAK EMA STUDIO, ul. Westerplatte 6, 38-200 Jasło, NIP 6852286869, REGON 383714040 (hereinafter: the "Service Provider" or "HUBAL"), through the HUBAL platform available at hubal-project.com and in the mobile application (hereinafter: the "Platform").
2. The HUBAL Platform is SaaS-model software for project management (in particular construction and architectural projects), offering, among other things, 2D visualisation, schedules, task and document management, team communication, integrations and AI assistants. Selected features are available as paid Add-ons (e.g. Media Kreator).
3. Contact with the Service Provider: support@hubal-project.com (support), legal@hubal-project.com (formal matters), privacy@hubal-project.com (personal data).
4. The Terms of Service are made available free of charge before the conclusion of the contract, in a manner that enables them to be obtained, reproduced and recorded. Conclusion of the contract requires acceptance of the Terms of Service.
5. Territorial scope. The Platform is directed exclusively at Users whose place of residence or registered office is within the territory of the Republic of Poland, and it is adapted to the requirements of Polish law. The Service Provider does not direct its offer at Users from other countries and does not adapt the Platform to the requirements of the law of other countries, in particular as regards invoicing, sales records and tax reporting.
6. A User from outside the territory of the Republic of Poland who nevertheless uses the Platform despite the reservation in paragraph 5 does so at their own risk and responsibility, in particular as regards compliance with the law applicable to their registered office. The Service Provider does not warrant or represent that the Platform meets the requirements of any law other than Polish law.

§2. Definitions

1. Consumer — a natural person concluding a contract not directly related to their business or professional activity (Article 22¹ of the Civil Code (Poland)).
2. Entrepreneur with consumer rights (ETC) — a natural person concluding a contract directly related to their business activity, where it follows from the content of the contract that it is not of a professional character for that person (Article 385⁵ of the Civil Code (Poland), Article 7aa of the Consumer Rights Act (Poland)). An ETC benefits from the protection provided for a Consumer to the extent indicated in the applicable provisions.
3. Business — an entity concluding a contract of a professional character (excluding ETCs).
4. User — a Consumer, ETC or Business using the Platform.
5. Account — the User's individual panel.
6. Organisation — a team's shared workspace; its administrator manages access and data.
7. Customer Content — any data, files, projects, documents, comments and correspondence entered into the Platform by the User or the Organisation.
8. AI Assistant — the Platform's artificial intelligence features, including the HUBAL Assistant, the Alerts Assistant and AI assistants created by the Organisation (with a name, role and instructions set by its administrator), based on Google Gemini and Anthropic Claude models.
9. Payment operator (MoR) — Paddle (Merchant of Record), through which purchase transactions for paid Plans are concluded and which issues invoices and settles taxes.
10. Plan — the selected service package (Free and paid Plans), together with the limits specified in the Pricing.
11. Pricing — the current list of Plans, prices and limits, constituting an integral part of the Terms of Service, available on the Platform.
12. Add-on — a paid additional feature to the Plan (e.g. Media Kreator), switched on by the owner or administrator of the Organisation and provided under the Terms of Service and separate Add-on Terms (§5(8)).

§3. Technical requirements

1. Use of the Platform requires: a device with Internet access, an up-to-date web browser supporting JavaScript and local storage, and an active e-mail address; for the mobile application — an Android system in a supported version.
2. Some features (voice assistant, integrations) require additional permissions or connections (microphone, access to an e-mail/calendar account).

§4. Registration and Account

1. Use of features requiring an Account takes place after registration (e-mail, password or sign-in via Google/Microsoft, name, Organisation name).
2. The Platform is intended exclusively for Businesses — for use related to conducted business or professional activity. By creating an Account, the User declares that they are concluding the contract in connection with their business activity and that the contract is of a professional character for them. The provisions of the Terms of Service concerning the Consumer and the ETC apply only where, despite the above stipulation, the party to the contract turns out to be a Consumer or an ETC — to the extent resulting from mandatory provisions of law.
3. The Platform may be used by persons who are at least 16 years old. The Platform is intended for companies and professionals and is not directed at children.
4. The User provides truthful data, keeps login credentials confidential and immediately reports any suspected breach of Account security.
5. It is prohibited to make the Account available to unauthorised persons or to circumvent technical restrictions.

§5. Scope of services and Plans

1. Invoicing features and KSeF — Polish law only. The Financial Centre features relating to invoices, including the integration with the National e-Invoicing System (KSeF), have been designed solely for the purposes of Polish tax regulations and are intended for entities settling their taxes in Poland. These features do not fulfil the e-invoicing, record-keeping or reporting requirements in force in other countries and may not be treated as a tool ensuring compliance with foreign law. The Service Provider does not make these features available as invoicing software within the meaning of the regulations of other countries.
2. The scope of features depends on the selected Plan and is specified in the Pricing. The Service Provider may develop and change features, with respect for the User's acquired rights and the rules on amendments to the Terms of Service (§17) and conformity of the service (§8).
3. The Free Plan is made available free of charge, within the scope and with the limits indicated in the Pricing.
4. Paid Plans are made available for a fee, in accordance with the Pricing, in a subscription model.
5. Credits. AI features (including the voice assistant) are billed in Credits — the Platform's internal billing unit. Each Plan includes a monthly pool of Credits indicated in the Pricing, shared across the organisation; Credits may also be purchased in one-off packs. Credits are exchanged for the work of AI models at rates depending on the selected model; the current rates form part of the Pricing and are presented in the application (Settings → Subscription). The organisation administrator may choose the AI models for individual features from among those made available by the Service Provider; the list of AI providers is indicated in the Privacy Policy. Plan Credits unused in a given billing period expire at its end; Credits from purchased packs never expire. In the event of withdrawal from a contract for the supply of a Credit pack, the refund covers the value of the Credits unused up to the moment of withdrawal (§7 applies accordingly).
6. The Service Provider may offer a free trial period of paid Plans; after it ends, access to paid features requires payment for a subscription.
7. Switching to the Free Plan (as a result of cancelling a paid Plan, its expiry or non-payment) does not result in the loss of the Account or Customer Content. The Account continues to operate within the scope and with the limits of the Free Plan, in particular: (a) editing is possible for a maximum of 3 selected projects — the remaining projects remain available in read-only mode, and the selection of projects for editing may be made no more often than once per day; (b) e-mail inboxes operate in read-only mode — without sending or retrieving new messages and without re-processing by AI; (c) the Financial Centre is available for viewing, without the possibility of editing; (d) the KSeF integration is suspended (without disconnection) and may be resumed after re-purchasing a paid Plan, without the need for reconfiguration; (e) team members are not removed. After re-purchasing a paid Plan, the above restrictions are lifted.
8. Add-ons. Selected features are available as paid Add-ons to the Plan (e.g. Media Kreator). An Add-on is switched on by the owner or administrator of the Organisation, who accepts its Add-on Terms on the Organisation's behalf — they set out the fee, the rules of use, the providers and the processing of data in the Add-on. Add-on Terms supplement the Terms of Service and apply only to Organisations that have switched the Add-on on; matters not covered by them are governed by the Terms of Service. They do not apply to Organisations that have not switched the Add-on on.

§6. Payments, invoices and renewal (Merchant of Record model)

1. The purchase of paid Plans takes place through Paddle (the Payment operator / MoR), which acts as a seller-reseller: it accepts payment, issues invoices and settles the taxes due (including VAT). The Service Provider provides the SaaS service itself to the User.
2. The Payment operator's terms presented at checkout may also apply to the purchase. Regardless of the Payment operator's intermediation, the rights of the Consumer and the ETC arising from mandatory provisions of law remain in force and may be exercised against the Service Provider.
3. Prices in the Pricing are net prices. The applicable tax (VAT) is charged by the Payment operator, and the User sees the total amount payable, including tax, before confirming the payment. For a subscription, the price per billing period and the total amount of the obligation for that period are indicated.
4. Automatic renewal: the subscription renews for subsequent periods if the User consented to this at the time of purchase. Consent may be withdrawn (renewal cancelled) at any time in the Account settings or with the Payment operator; cancellation takes effect at the end of the paid period.
5. We give advance notice of changes to the Pricing affecting your subscription; a price change for the next period does not take effect without giving you the opportunity to cancel before it applies.

§7. Right of withdrawal from the contract (Consumer and ETC)

1. A Consumer and an ETC who has concluded a distance contract may withdraw from it within 14 days without giving any reason, by submitting a statement (e.g. using the form — Annex No. 1, available online at /legal/en/odstapienie.html, or in another form). To meet the deadline, it is sufficient to send the statement before its expiry to legal@hubal-project.com or via the Payment operator.
2. The HUBAL service is a digital service provided on a continuous basis. If you expressly request commencement of performance before the expiry of the withdrawal period (which you confirm at purchase by a separate statement, not pre-ticked by default), and you subsequently withdraw from the contract — you will pay proportionally for the performance rendered up to the moment of withdrawal (Article 35 of the Consumer Rights Act (Poland)), and the remaining part of the fee will be refunded.
3. At the time of purchase, we provide on a durable medium confirmation of the conclusion of the contract and of your consent referred to in paragraph 2.
4. We make the refund (through the Payment operator) without delay, no later than within 14 days of receiving the statement of withdrawal, using the same payment method.
5. The right of withdrawal does not apply in the cases provided for in Article 38 of the Consumer Rights Act (Poland); details and the required notice are provided before the conclusion of the contract.

§8. Conformity of the digital service with the contract and updates

1. The Service Provider undertakes to provide a service in conformity with the contract (as to description, functionality, compatibility, interoperability and availability of support) and to provide updates necessary to maintain conformity for the duration of the subscription (Chapter 5b of the Consumer Rights Act (Poland)).
2. In the event of a lack of conformity, the Consumer/ETC may demand that the service be brought into conformity, and subsequently — a price reduction or withdrawal, under the statutory rules. We do not exclude or limit this liability towards Consumers and ETCs.

§9. User rights and obligations; integrations

1. The User undertakes to use the Platform in accordance with the law and the Terms of Service and not to provide content of an unlawful nature.
2. The User may not: infringe the rights of third parties (including copyright), store illegal content, attempt unauthorised access, disrupt the operation of the Platform or circumvent its security measures.
3. E-mail integration (IMAP/SMTP, Microsoft 365): by enabling the integration, the User authorises HUBAL to connect to their mailbox in order to handle e-mail within the Platform. Login credentials/tokens are stored in encrypted form; the User may disconnect the integration at any time.
4. Google Calendar integration: with the User's consent, the Platform creates/reads events corresponding to tasks; it does not modify existing events other than adding its own.
5. Integration of external AI assistants (MCP): on Plans that provide for it, the User may connect their own AI assistant (e.g. Claude, ChatGPT, Cursor) to the Platform using the MCP standard. Connecting requires signing in to the Platform and the User's explicit consent; the connected assistant acts solely within the User's permissions, computed on every call, and write operations require approval in the Platform. The data the assistant requests is transferred to the provider of that assistant under the agreement between the User and that provider — the Service Provider is not a party to it and is not responsible for the provider's further processing. The User may disconnect the assistant at any time (Settings → Integrations). The Service Provider may apply call limits protecting the Platform and the organisation's Credit pool.
6. The User is responsible for the content entered into the Platform and for having the legal grounds for its processing (e.g. third parties' data).

§10. Customer Content and intellectual property

1. The User (or the Organisation) retains full rights to Customer Content. The Service Provider does not acquire any intellectual property rights to it.
2. The User grants the Service Provider a non-exclusive licence to process Customer Content solely for the purpose of providing the service (including storage, processing by Platform features and transfer to necessary subcontractors). The licence expires upon deletion of the data or the Account, subject to backups and legal obligations.
3. All rights to the Platform itself (code, design, marks, documentation) belong to the Service Provider. The User receives a non-exclusive, revocable licence to use the Platform in accordance with the Terms of Service.

§11. Security and access to data

1. The Service Provider applies technical and organisational measures appropriate to the risk, including: encryption in transit (TLS) and encryption of data at rest (AES-256) — on the cloud infrastructure side (cloud provider's keys), and for selected sensitive data additionally at the application layer, with an organisation key managed by the Service Provider in Google Cloud KMS; access control and two-factor authentication for the platform's administrative personnel; backups; monitoring.
2. Honest information about the encryption model: HUBAL does not use "end-to-end / zero-knowledge" encryption. In a model with keys held on the Service Provider's side, authorised personnel may — in justified cases (support, security, diagnostics), to the minimum necessary extent and with such access being logged — gain access to Customer Content. The rules for such access with respect to business customers are set out in the Data Processing Agreement (DPA).
3. The Service Provider is not liable for the consequences of a breach of Account security resulting from causes attributable to the User (e.g. disclosure of the password), subject to mandatory provisions of law.

§12. AI Assistant

1. The Platform provides an AI Assistant based on Google Gemini and Anthropic Claude models. When using AI features, the User is informed that they are interacting with an artificial intelligence system. The models used for individual features may be chosen by the organisation administrator from among the models made available by the Service Provider — in the AI model settings or in the AI assistant's profile; billing is in Credits (§5(5)).
2. In order to fulfil a query, the necessary context is transferred to the AI provider (including the content of the query, the instructions of the assistant and of the conversation topic, fragments of Customer Content and, for the voice assistant, an audio stream). Details, providers, processing locations and transfers are described in the Privacy Policy and, for Add-ons, in their Add-on Terms.
3. AI outputs are of an auxiliary nature and may contain inaccuracies — the User should verify them before use. The Service Provider does not make automated decisions producing legal effects with respect to the User (Article 22 GDPR). The AI providers of the Platform's features (Google, Anthropic), in the variants we use, do not use the data to train their models; the rules of Add-on providers are described in the Add-on Terms.
4. The Organisation's AI assistants. An AI assistant acts within the permissions of the person talking to it and presents changes requiring approval for confirmation; in a group chat it sees only content available to all participants and writes nothing. AI assistants created by the Organisation — including those to which the administrator has given a name, role and character — are AI systems, and the Platform labels them as "AI assistant".

§13. User content, reporting and moderation (DSA)

1. The Service Provider is a provider of a hosting service within the meaning of Regulation 2022/2065 (DSA) and acts in accordance with the applicable obligations.
2. Content rules: the Service Provider may remove or restrict access to content that violates the law or the Terms of Service; in such a case, it provides the User with a statement of reasons together with information about the available means of redress.
3. Reporting illegal content (notice-and-action): anyone may report content considered illegal — most quickly via the online form or by e-mail to notice@hubal-project.com (indicating the location of the content, the justification and contact details). We confirm receipt and inform about the decision taken.
4. DSA points of contact: for authorities and recipients of the service — notice@hubal-project.com (Polish and English).

§14. Liability

1. Towards Consumers and ETCs, the Service Provider bears liability under the rules set out in generally applicable law; it does not exclude or limit liability to the extent that this is not permitted (in particular for the conformity of the service with the contract and for damage caused intentionally — Article 473 §2 of the Civil Code (Poland)).
2. Towards a Business (excluding ETCs), within the limits permitted by law: the Service Provider is not liable for lost profits or indirect damage, and the total liability under the contract is limited to the amount of fees paid by that Business in the 3 months preceding the event; these limitations do not apply to damage caused intentionally. Detailed B2B terms are set out in a separate B2B Annex.
3. The Service Provider is not liable for interruptions caused by force majeure or for the actions of infrastructure providers, to the extent permitted by law.
4. The Service Provider strives to ensure high availability of the Platform; any service level commitments (SLA) are set out in the Pricing or in separate arrangements.
5. Towards a Business (excluding ETCs), within the limits permitted by law, the Service Provider is not liable for: content entered into the Platform by Users and the way it is used; the way the outputs of AI features are used; the operation, interruptions and changes of third-party services with which the User has connected the Platform or which the User uses through it (including e-mail and calendar providers, external AI assistants, AI model providers, the Payment operator); the loss of data stored outside the Platform.
6. A Business (excluding ETCs) shall indemnify the Service Provider and cover damages and reasonable costs (including legal costs) if a third party or an authority brings a claim or proceedings against the Service Provider arising from Customer Content or from a breach of the law or of these Terms by the Users of its Organisation. The Service Provider will notify the Business of such a claim and allow it to take part in the defence.
7. The limitations and exclusions of liability in this section do not apply to damage caused intentionally or where mandatory law does not permit them.

§15. Complaints

1. Complaints may be submitted to support@hubal-project.com, stating the User's details, a description of the problem and the demand.
2. We handle complaints without delay, no later than within 14 days. In cases where the law links a failure to respond within the deadline with acceptance of the complaint (including claims regarding the conformity of the digital service raised by a Consumer/ETC), a failure to respond within the deadline means the complaint has been accepted.

§16. Term and termination of the contract

1. The contract for the Free Plan is concluded for an indefinite period and may be terminated by the User at any time by deleting the Account.
2. The contract for a paid Plan remains in force for the paid period and renews in accordance with §6(4) (provided that renewal has been enabled).
3. The User may delete the Account in the Platform settings or by sending a request to support@hubal-project.com. The method of deleting the account and data is also described in the Privacy Policy and on the dedicated "account deletion" page.
4. The Service Provider may terminate the contract or suspend the Account for important reasons (in particular violation of the law or the Terms of Service, or a security threat), informing the User and stating the reason; with respect to Consumers/ETCs, with respect for their rights, including the right to a refund of the proportional part of the fee for the unused period.
5. After deletion/termination, we provide the possibility to export Customer Content before its permanent deletion; the time limits for data deletion are set out in the Privacy Policy.
6. Inactive or unpaid Accounts: the Service Provider may delete an Account and the organisation's data after 24 months of inactivity (counted from the last sign-in) or non-payment (counted from the expiry of the subscription). Before deletion we send at least 3 reminders to the Account's e-mail address (30, 7 and 1 day before the deadline). Signing in again or renewing the subscription interrupts the procedure. Accounting documents are retained for the periods described in the Privacy Policy.

§17. Amendments to the Terms of Service

1. The Service Provider may amend the Terms of Service only for important reasons, which are: changes in the law or its interpretation; rulings or decisions issued by authorities; changes in the scope or manner of providing services, features or the Pricing; security considerations; removal of ambiguities or errors; changes to the details of the Service Provider or its suppliers.
2. We give notice of an amendment at least 14 days in advance (by e-mail or in the Platform). If you do not accept the amendment, you may terminate the contract before it enters into force; until then, the current Terms of Service apply. With regard to digital services, we also apply the amendment regime under Articles 43p–43q of the Consumer Rights Act (Poland).
3. For contracts already concluded, amendments do not infringe the User's acquired rights.

§18. Final provisions

1. The governing law is Polish law, subject to the mandatory protective provisions of the country of the Consumer's habitual residence.
2. Competent court: for disputes with a Consumer or an ETC — the court having jurisdiction under the general rules (including the Consumer's place of residence); for disputes with a Business — the court having jurisdiction over the Service Provider's registered office.
3. A Consumer may use out-of-court dispute resolution methods (including the voivodeship inspectorates of the Trade Inspection and consumer ombudsmen).
4. If any provision of the Terms of Service proves to be invalid or ineffective (including as an unlawful contractual clause with respect to a Consumer/ETC), the remaining provisions remain in force.
5. The following form an integral part of the Terms of Service: the Pricing, the Privacy Policy, the Cookies Policy, Annex No. 1 (model withdrawal form), and with respect to Businesses — the B2B Annex; with respect to Organisations that have switched an Add-on on — also its Add-on Terms (e.g. the Media Kreator Add-on Terms); for Organisations entrusting personal data, the Data Processing Agreement (DPA) is available.

§19. Contact details

ANTONI SUROWIAK EMA STUDIO, ul. Westerplatte 6, 38-200 Jasło · Support: support@hubal-project.com · Formal matters: legal@hubal-project.com · Personal data: privacy@hubal-project.com · Content reports / DSA: notice@hubal-project.com.

§20. History of changes to the Terms of Service

The full list of changes to these Terms of Service and the other legal documents is available in the public changelog. We make previous versions available on request sent to legal@hubal-project.com.

Annex No. 1 — Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

Addressee: ANTONI SUROWIAK EMA STUDIO, ul. Westerplatte 6, 38-200 Jasło, legal@hubal-project.com

I/We ………………………… hereby give notice of my/our withdrawal from the contract for the provision of the HUBAL service.

Date of conclusion of the contract: ………………… · Full name: ………………… · Address: ………………… · Date: ………………… · Signature (if on paper): …………………