Terms & Conditions

Version 1.0. Last updated: 7 September 2026.

These Terms and Conditions (“Terms”) govern the use of AskSpot by business customers. The details of the selected plan, including prices, billing arrangements and duration of use, are set out in an individual Offer made available before acceptance. These Terms do not contain a price list.

Table of contents

• § 1 Parties and documents
• § 2 Registration and formation of the Agreement
• § 3 Services and artificial intelligence
• § 4 Individual Offers
• § 5 Trials and free use
• § 6 Payments
• § 7 Duration and termination
• § 8 Use of the Services and rights to content
• § 9 Data and technology providers
• § 10 Liability
• § 11 Changes to terms and development of the Services
• § 12 Data export and switching providers
• § 13 Complaints and contact
• § 14 Statutory rights of certain business customers
• § 15 Final provisions
• AskSpot Data Processing Agreement
• §1. Formation and scope
• §2. Instructions and Customer obligations
• §3. Confidentiality and security
• §4. Assistance, breaches and oversight
• §5. Subprocessors and transfers
• §6. Requests from authorities
• §7. Return and deletion
• §8. Liability and precedence
• Schedule A — Processing description
• Schedule B — Minimum security commitments
• Schedule C — Authorised subprocessors

§ 1 Parties and documents

1. The service provider is ASKSPOT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Kraków at Aleja Jana Pawła II 43B, 31-864 Kraków, Poland, entered in the register of entrepreneurs of the National Court Register (KRS) under number 0000993175, maintained by the District Court for Kraków-Śródmieście in Kraków, tax identification number (NIP) 6751770919, with a share capital of PLN 6,200 (“AskSpot”). Contact: kontakt@askspot.io; technical support and complaints: support@askspot.io.
2. “Customer” means a business operator or another entity entering into the Agreement in connection with its business or professional activities. The Services are not offered to consumers. The rights of individuals conducting business activities who are entitled by law to consumer protection are preserved in accordance with § 14.
3. “Services” means the AskSpot features made available online, including AI agents supporting sales and customer service, integrations, reporting and the management dashboard (“Dashboard”). The scope available to the Customer is determined by the Offer.
4. “Offer” means a record of the terms of a particular order, presented to the Customer in the Dashboard or provided electronically and accepted by the Customer. It also includes a free or trial offer. “Customer Data” includes submitted content, data and configurations, as well as stored conversations and outputs generated through use of the Services.
5. The Agreement consists of these Terms, the accepted Offers and the Data Processing Agreement (“DPA”), including its annexes. “Data Sheet” means the description of data retention, export, deletion and location made available before the Services are activated and forming part of this set of documents.
6. In the event of a conflict, individually negotiated provisions prevail over standard terms. The Offer governs commercial parameters, and the DPA governs processing on the Customer’s behalf. § 10 establishes a single, shared liability cap for the Agreement and the DPA. § 12 governs switching and data retrieval; the DPA must be applied in a manner that does not defeat those arrangements. Mandatory law prevails over all of these documents.

§ 2 Registration and formation of the Agreement

1. The Customer provides accurate identification and contact details. A person acting on its behalf must have authority to enter into the Agreement. The Customer secures access to its account, assigns appropriate permissions to its personnel and reports suspected unauthorised access.
2. The account Agreement is formed when the Terms and the DPA have been accepted and AskSpot has confirmed creation of the account. Creating an account does not itself constitute an order for paid Services.
3. An order is concluded when the Offer has been accepted and AskSpot has confirmed the order electronically. If the Offer requires advance payment, verification or completion of an integration, it clearly states those conditions and when the Services will start.
4. Before acceptance, the Customer can review, save and reproduce the documents and correct the information entered. AskSpot provides a confirmation containing the accepted terms or an unalterable electronic copy of them, the version identifiers and the date of acceptance.
5. These Terms do not automatically replace previously concluded agreements or separately agreed enterprise terms. Any amendment to such an agreement requires the agreement of the parties in the manner applicable to it.

§ 3 Services and artificial intelligence

1. AskSpot provides the Services with the due care appropriate to its professional activities. A purchase covers the features described in the Offer, rather than all features presented by AskSpot, any future development roadmap or any particular technology, unless expressly agreed otherwise.
2. Use requires internet access, an up-to-date supported browser, an active email address and, where relevant to the features used, support for JavaScript and cookies necessary for operation. AskSpot specifies any additional integration and compatibility requirements before the relevant feature is ordered.
3. AskSpot may update its software, interfaces, models and the way in which it provides the Services. Such changes are subject to § 11 and the DPA and do not authorise any unagreed change to fees or material reduction in the purchased scope.
4. AI outputs may be inaccurate, incomplete or out of date and may not be unique. The Services do not guarantee sales results or error-free resolution of every matter. An AI output is neither a declaration of intent by AskSpot nor professional advice.
5. The Customer determines the scope of the agents’ authority, tests the configurations and actions it introduces, and provides supervision appropriate to the risks. It is responsible for its own offers and relationships with its customers and other recipients. This does not release AskSpot from responsibility for performing its own obligations. The Services are not intended to make decisions producing legal or similarly significant effects on individuals without the supervision required by law.
6. AskSpot provides notice of interaction with AI in the interface it supplies. The Customer must not remove or conceal that notice. When using its own interface, the Customer ensures that the notice is displayed correctly in accordance with AskSpot’s instructions and its own statutory obligations.
7. The standard Services do not include any contractual guarantee of a particular level of availability, response time, resolution time or SLA credits. Maintenance and interruptions may occur; AskSpot limits their effects and, where possible, gives notice of planned material interruptions. A separate SLA requires express agreement.

§ 4 Individual Offers

1. AskSpot may offer different customers different plans, prices, currencies, discounts, limits and trial terms. It is not required to publish all prices on a publicly accessible website or make the same Offers available to every customer.
2. The Offer specifies, as applicable: the scope of the Services; the price or an unambiguous method of calculating it; currency and taxes; the billing unit and the rules for counting it; limits and the consequences of exceeding them; additional fees; the payment deadline and method; the start date; the billing period and order duration; renewal, cancellation and settlement arrangements upon termination; trial terms; and the liability cap parameters referred to in § 10. If it provides for the renewal price adjustment mechanism in § 11 paragraphs 5–8, it expressly identifies that mechanism and specifies the advance notice period for a new price.
3. AskSpot may use subscriptions, usage-based billing, prepayments, bundles of units or a combination of these methods. The definition of a billable unit, its exclusions and the point at which a charge is incurred must be known before the order is placed. A feature label, such as “resolved conversation”, does not itself determine the charging rules.
4. If an Offer does not state a fee or a method by which it can be determined, AskSpot will not charge that fee. Exceeding a limit does not automatically result in an upgrade to a more expensive plan unless the Customer has previously accepted a specific mechanism and its pricing consequences. In the absence of such rules, AskSpot may restrict usage to the purchased limit.
5. Offer parameters may vary between orders. The version accepted by the Customer, together with changes made in accordance with § 11, remains the basis for billing the relevant order. A subsequent change to the offer screen or webpage does not itself replace the agreed terms.

§ 5 Trials and free use

1. AskSpot may make trials, promotions and free plans available on the terms of the relevant Offer, including different durations, scopes, usage limits and eligibility rules. It does not guarantee that a trial will be granted again or that a free offer will be maintained indefinitely.
2. At the end of a trial, access expires or converts to the free option specified in the Offer. A transition to paid Services requires acceptance of a paid Offer. Automatic conversion is permitted only if, before the trial starts, the Customer has expressly accepted the price or its calculation method, the date of the first payment, the renewal arrangements and the cancellation method.
3. Free access may be ended following prior notice allowing the Customer to retrieve its data in accordance with § 12. This does not alter an agreed trial period unless grounds for suspension or termination under § 7 arise.
4. AskSpot identifies experimental features before they are activated and discloses material known limitations. Describing a feature as a test feature does not displace data protection obligations or the Customer’s statutory rights.

§ 6 Payments

1. The Customer pays only the fees arising from an accepted Offer, taking account of changes made in accordance with § 11. Information about taxes and the amount payable is presented before purchase and, for a price change upon renewal, in a notice complying with § 11. Invoices are issued and made available in accordance with applicable law; the payment deadline is set out in the Offer.
2. For recurring payments, the Customer authorises collection of charges within the accepted scope, including under the previously accepted mechanism in § 11 paragraphs 5–8. Providing payment details does not itself constitute consent to undisclosed fees, a plan change or a price increase outside that mechanism.
3. AskSpot enables the Customer to check the basis of billed usage and report discrepancies. AskSpot’s statement is not conclusive evidence. The Customer pays the undisputed portion of the amount due on time; a justified dispute concerning the remaining portion is handled under the complaints procedure.
4. In the event of late payment, AskSpot may charge interest and costs permitted by law and may suspend paid Services after sending a payment demand that provides a reasonable additional period for payment and warns of the consequences. Suspension does not authorise new, unagreed charges or arbitrary deletion of data.

§ 7 Duration and termination

1. The account Agreement continues until terminated. The duration and billing periods of individual orders are specified in the Offer. Automatic renewal requires prior express agreement covering the renewal period, billing arrangements and cancellation deadline. Without such agreement, a fixed-term order expires at the end of the agreed period. Price changes upon renewal are governed by § 11 paragraphs 5–8; agreeing to automatic renewal does not itself authorise arbitrary price changes.
2. The Customer may disable renewal or give notice of termination in the Dashboard, if the relevant feature is available, or by emailing kontakt@askspot.io. AskSpot confirms the request and the termination date. Removing an integration or ceasing to use the Services does not itself constitute notice of termination.
3. If the Offer does not specify a commitment period or notice period, the Customer may terminate the order at any time with prospective effect. An account with no active orders may be closed at any time. The switching and data retrieval procedure remains available under § 12.
4. AskSpot may decline to renew an order or terminate an open-ended order in accordance with the notice period stated in the Offer, giving sufficient advance notice to allow an orderly end to the relationship and migration. The absence of a notice period in the Offer does not authorise immediate termination of a paid Service without cause.
5. Either party may terminate the Agreement for a material breach by the other party if the breach is not remedied within a reasonable period specified in a notice requiring it to be remedied. AskSpot may immediately restrict or suspend the Services to the extent necessary to address a security threat, unlawful use or a legal obligation; it provides the reason unless prohibited by law and restores access once the grounds cease to apply. Immediate termination is permitted if the breach cannot be remedied or continued provision would be unlawful.
6. Upon termination, the Services performed and other expressly accepted amounts due are settled in accordance with the Offer and the law. Fees for future renewals are not charged automatically. If AskSpot ends provision without a breach by the Customer, or the Customer ends it because of AskSpot’s unremedied material breach, AskSpot refunds the appropriate portion of any prepayment for Services not performed. Statutory refund rights remain unaffected.

§ 8 Use of the Services and rights to content

1. The Customer ensures that it has the rights and legal grounds necessary to provide Customer Data, have it processed and have the requested actions performed. It keeps its materials up to date and ensures that its own instructions comply with the law and that the integrations it makes available are secure. It must not provide special categories of personal data or data relating to criminal convictions and offences unless the parties separately agree appropriate terms.
2. Unlawful content and activities, infringement of third-party rights, spam, circumvention of security measures or limits, unauthorised access, interference with the Services and reverse engineering beyond the extent permitted by law are prohibited. Uses requiring particular regulatory or security arrangements require prior agreement.
3. AskSpot and its licensors retain the rights to the software and technology. For the duration of the order, the Customer receives a non-exclusive right to use the Services in its business, including making the agreed features available to its customers and other recipients.
4. The Customer retains its rights to Customer Data. It authorises AskSpot to use that data to the extent necessary to perform the Agreement, including maintaining and optimising the Customer’s agents. The Customer may use AI outputs to the extent it holds the relevant rights; AskSpot does not reserve those rights for itself but does not guarantee that exclusive rights will arise or that the outputs will be free of third-party rights.
5. The parties protect confidential information received in connection with entering into and performing the Agreement, including after its termination, for as long as the information remains confidential. They may disclose it to persons and subcontractors who need access to perform the Agreement and are subject to appropriate confidentiality obligations. Exceptions apply to information that is lawfully public, independently developed or lawfully obtained from another source, and to disclosures required by law.
6. Publishing a case study, results, Customer statements or the Customer’s logo in promotional materials requires separate agreement. AskSpot may use general suggestions provided voluntarily to develop the Services without remuneration, subject to confidentiality and data protection requirements.

§ 9 Data and technology providers

1. The DPA governs processing of personal data on the Customer’s behalf and also applies during a trial. For its own administrative purposes, AskSpot processes data as a controller as described in the separate Privacy Policy made available when the data is collected. The Privacy Policy provides information about that processing and does not replace the DPA. Acceptance of the Agreement does not constitute consent to marketing.
2. AskSpot uses infrastructure and AI providers. Processing may involve transfers of data outside the European Economic Area, in accordance with the DPA and the provider list. These Terms do not guarantee processing exclusively within the EEA, the continued use of a particular model or the holding of certifications not specified in the agreed documentation.
3. AskSpot does not use Customer Data to train or fine-tune models made available to other customers and ensures that this restriction is reflected in the terms governing its use of model providers. Data analysis for servicing, reporting and improving that Customer’s agents remains permitted within the scope of the DPA. Personal data entrusted by the Customer is not used to develop the product for other customers.

§ 10 Liability

1. The parties are liable for breaches of their obligations within the limits of the law and this section. Uncertainty in AI outputs and the absence of an SLA do not wholly release AskSpot from liability for its own breaches or for subcontractors for whom it is responsible under the law.
2. Subject to paragraph 5, AskSpot is liable for actual loss and is not liable for loss of profit or indirect loss. It is not liable to the extent that the loss was caused by the Customer’s breach of the Agreement, defective Customer materials or configurations, or the Customer’s systems, without any contribution by AskSpot.
3. AskSpot’s aggregate liability in connection with the Agreement and the DPA, regardless of the legal basis of the claim, is limited to the lower of: the total net fees paid or payable for all Services during the reference period preceding the event, and the monetary liability ceiling. The first paid Offer specifies the length of the reference period, the ceiling, its currency and any conversion rule for fees in other currencies as shared parameters for the entire Agreement. Where the relationship has lasted for a shorter period, the period from the start of provision is taken into account. Subsequent Offers repeat these parameters; changing them requires express agreement for the entire Agreement and does not reduce liability for earlier events. There are no separate caps for each Offer, document, legal basis or claim. Related events are treated as a single event under the terms in effect before the first of them. For several unrelated events, the calculated caps are not added together; aggregate liability does not exceed the highest of them. Damages paid, acknowledged or awarded by a final judgment, and separately agreed contractual penalties, count towards that cap. If the required parameters have not been agreed, this paragraph does not establish a monetary limitation; an omitted parameter does not mean a zero cap.
4. For free Services and trials, AskSpot’s liability for damages is excluded to the extent permitted by law, subject to the exceptions in paragraph 5. This exclusion applies only to loss relating solely to free Services; paragraph 3 applies to events also involving paid Services. AskSpot does not assume liability for administrative penalties, fines or other public-law sanctions imposed on the Customer; this neither excludes AskSpot’s own public-law obligations nor excludes the rights of third parties.
5. The exclusions and limitations do not apply to intentionally caused loss, liability that cannot lawfully be limited, the rights of data subjects or statutory recourse rights to the extent they cannot be limited. They do not apply to gross negligence to the extent that such a limitation is prohibited by applicable law, in particular the Data Act provisions on unfair contractual terms relating to data. § 14 remains binding. The cap does not limit the refund of any prepayment or overpayment due to the Customer.
6. The Agreement does not impose an unconditional obligation on the Customer to cover all third-party claims or sanctions against AskSpot. Any allocation of liability between the parties takes account of the applicable legal basis, their actual contribution to the loss and the limitations above.

§ 11 Changes to terms and development of the Services

1. AskSpot may freely determine new Offers, including introducing or withdrawing plans or promotions and changing prices, units and billing models for future orders. This does not require an amendment to these Terms if the Offer complies with them.
2. A change to an accepted price, charging method, commitment period, liability cap or material scope of the Services requires the new terms to be presented and expressly accepted, except under the previously accepted pricing mechanism in paragraphs 5–8. A change may apply from an agreed time or the next renewal; it has no retroactive effect. Outside that mechanism, failure to accept does not authorise charging the new price. AskSpot may retain the existing terms or terminate or decline to renew the order in accordance with § 7, after informing the Customer in advance.
3. AskSpot may make technical and organisational changes resulting from development of the Services, security needs, correction of errors, changes in technology or legal requirements, provided that it preserves the material agreed scope and does not increase the Customer’s obligations or fees. Changes requiring action by the Customer are communicated with reasonable advance notice unless security or the law requires urgent action.
4. AskSpot makes new versions of these Terms available, identifying the changes and the proposed effective date. For existing orders, changes to rights and obligations require the Customer’s express acceptance, except for effects arising directly from mandatory law. Applying the previously accepted pricing mechanism in paragraphs 5–8 does not amend these Terms and does not require renewed acceptance if all of its conditions are met. Outside that case, silence, continued login or publication of a new version does not itself constitute acceptance of a change. Changes to subprocessors are subject to the separate procedure in the DPA.
5. If the accepted Offer expressly provides for this mechanism and a notice period, AskSpot may change the price only for a future renewal on the grounds of a documented change in the costs of infrastructure, software or AI providers necessary to provide the Services, a change in law or public levies directly affecting those costs, or a change in the exchange rates of currencies in which AskSpot incurs those costs. The price change must reflect the direction and extent of the actual impact of the stated grounds on the cost of providing the Services covered by the order and must not exceed that impact. Renewal means the start of the next agreed order period after the current commitment period ends. A further instalment or billing period within that commitment is not a renewal.
6. AskSpot delivers an individual notice to the Customer’s email address in a form that allows its content to be retained and reproduced unchanged. The notice states the previous and new prices, the grounds for and method of determining the change, its application date, and how and by when renewal may be cancelled. The time between delivery of the complete notice and renewal must be at least the notice period specified in the Offer and must give the Customer a genuine opportunity to cancel before the first charge at the new price. The Customer may cancel renewal until it starts, without a fee for doing so and irrespective of any earlier cancellation deadline in the Offer, using the method specified in § 7 paragraph 2. The first charge at the new price is made no earlier than the renewal date. If the Customer does not cancel, renewal takes place at the notified price under the mechanism accepted in advance.
7. If no mechanism or notice period has been agreed, none of the grounds in paragraph 5 applies, or the notice requirements have not been met, the new price requires the Customer’s express acceptance. Without it, renewal takes place on the existing terms unless the order has first been validly terminated or made non-renewing in accordance with § 7. The mechanism does not change the price for a period already paid for or apply retroactively. It does not cover changes to the liability cap, the DPA, the commitment period, billing units or charging rules, usage limits or material features of the Services. Changes to the agreed scope or plan are billed under a separately accepted Offer.
8. The mechanism in paragraphs 5–7 does not permit a price increase for a Customer protected under § 14 without that Customer’s express acceptance. Failure to respond, continued use or leaving renewal active does not constitute such acceptance. The Customer’s statutory rights remain unaffected.

§ 12 Data export and switching providers

1. The Customer may request switching to another provider, transferring data to its own infrastructure or deletion of its data by emailing support@askspot.io. Rights required by law do not depend on the end of a billing period or on whether the Services are paid.
2. Export covers exportable Customer Data and digital assets: submitted materials and knowledge bases, stored conversations and tickets together with their outputs, usage data, and Customer configurations and instructions, to the extent stored in the Services and covered by the right to export. It does not include software, model weights, internal security mechanisms, trade secrets or other protected assets of AskSpot or third parties, or other customers’ data; these exclusions must not be used to circumvent the obligation to enable switching.
3. The detailed data categories, exclusions, structures and formats, export interfaces, known limitations and information about the jurisdiction of the infrastructure are described in the Data Sheet made available before the order is placed. The Data Sheet identifies the address of the updated register of data structures and formats and the address of the public information on the jurisdiction of the infrastructure and measures preventing unlawful access by third-country authorities to non-personal data. AskSpot provides the interfaces required by law and export in a structured, commonly used, machine-readable format. It does not guarantee that the Services will operate identically with another provider.
4. Where Chapter VI of Regulation (EU) 2023/2854 (Data Act) applies, the notice period before the switching process begins must not exceed two months from the request. This is followed by a transitional period not exceeding 30 calendar days. The parties may agree an earlier start or faster completion.
5. AskSpot provides reasonable assistance, supports the exit strategy, supplies relevant information and known risks, and maintains security and the required continuity of service during the transitional period. The Customer and its designated provider cooperate in carrying out a secure transfer.
6. If the time limit in paragraph 4 is technically unfeasible, AskSpot provides an explanation within 14 working days of the request and specifies an alternative transitional period not exceeding seven months. The Customer may extend the transitional period once by a period appropriate to its needs.
7. The Agreement terminates in respect of the Services being migrated upon successful completion of switching, of which AskSpot informs the Customer, or upon expiry of the notice period if the Customer chooses deletion of the data. Termination does not remove the right to retrieve data.
8. After the transitional period ends, the Customer may retrieve its data for at least 30 calendar days. Where the Services end without migration, such access is provided for at least 30 days from termination of the Services, unless the Customer lawfully instructs earlier deletion. After the applicable period expires and migration has been successfully completed, where applicable, AskSpot deletes the relevant data and confirms deletion on request. The DPA governs the choice between return and deletion of personal data, and the Data Sheet sets out the rules and maximum deletion cycle for residual data in isolated backups. Retaining entrusted data beyond that period requires a legal obligation, rather than merely AskSpot’s general interest in defending claims.
9. AskSpot does not charge additional fees for the switching process and export required by law. Ordinary fees for Services actually provided during the transitional period remain payable in accordance with the Offer. Additional work not required by law may be charged for only by separate agreement and must not be made a condition of mandatory assistance. Any early termination fees must be disclosed before the order is placed, comply with the law and not constitute a disguised switching charge.

§ 13 Complaints and contact

1. Complaints may be submitted to support@askspot.io, including details identifying the account, a description of the problem and the requested resolution. No particular form is required.
2. AskSpot handles complaints without undue delay and provides its response electronically. If further information is needed, it specifies what is required and the expected further timeframe. Applicable statutory response deadlines and the consequences of failing to meet them remain unaffected.
3. Submitting or failing to submit a complaint does not shorten statutory time limits for pursuing claims. Completion of the complaints procedure is not required before exercising statutory rights.

§ 14 Statutory rights of certain business customers

1. If a Customer who is an individual enters into the Agreement directly in connection with their business activities, but the Agreement is not of a professional nature for that Customer, the rights granted to that Customer by law apply, in particular those concerning unfair terms, withdrawal and conformity of the digital service with the contract. Neither these Terms nor a statement made during registration excludes those rights.
2. A Customer entitled to withdraw may submit an unequivocal statement to kontakt@askspot.io or to AskSpot’s registered office address within 14 days of entering into the distance contract, without giving a reason. It is sufficient to send the statement before the deadline. The following template may be used: “I withdraw from the agreement for the provision of AskSpot Services entered into on … . Full name, business name, address, account identifier, date; signature required only for a paper statement.”
3. AskSpot refunds the payments due without undue delay and no later than 14 days after receiving the withdrawal statement, using the same payment method unless the Customer agrees to another method at no additional cost. Starting provision before the withdrawal period expires requires the Customer’s appropriate express request. Access to the Dashboard does not itself automatically result in loss of the right of withdrawal. Payment for performance up to withdrawal is due only to the extent and subject to the conditions provided by law.
4. The legally required rules on supply, conformity, updates, bringing the Services into conformity, price reduction and termination of the Agreement prevail over conflicting Offer terms. If a change to a digital service materially and adversely affects access or use, AskSpot informs the Customer reasonably in advance, on a durable medium, of the nature and timing of the change and the Customer’s rights. An eligible Customer may terminate the agreement without notice within 30 days of the change or receipt of information about it, whichever is later, in accordance with statutory rules, subject to the statutory exception where the unchanged Services conforming to the Agreement can be retained at no additional cost.

§ 15 Final provisions

1. The Agreement is governed by Polish law, subject to any mandatory provisions applicable to the Customer. Disputes are determined by the courts having jurisdiction under applicable law unless the parties validly agree jurisdiction in a separate agreement.
2. Contractual notices are sent electronically to the addresses designated by the parties. The Customer keeps its contact address up to date. Any statutory requirement for a particular form remains binding.
3. Assignment of the Agreement requires the other party’s consent unless it occurs by operation of law. An invalid or ineffective provision does not invalidate the remaining provisions to the extent permitted by law.
4. The language version selected upon acceptance is the language of the Agreement. The Polish and English versions have corresponding content; a translation additionally made available does not restrict rights arising from the accepted version. The confirmation identifies the applicable language and document versions.

---

AskSpot Data Processing Agreement

Version 1.0 | Updated: 7 September 2026 | Schedule to the AskSpot Terms and Conditions

§1. Formation and scope

1. This agreement (the “DPA”) is entered into by the Customer identified when entering into the Agreement and ASKSPOT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (“AskSpot”), as described in the Terms & Conditions (the “Terms”). Capitalised terms have the meanings given in the Terms; data protection terms have the meanings given in Regulation (EU) 2016/679 (the “GDPR”).
2. The DPA forms part of the Agreement and is concluded together with it through the procedure for accepting the Terms and DPA described in §2 of the Terms, including for a trial, before processing the Customer’s personal data begins. No separate signature is required. AskSpot provides a version of the DPA that the Customer can retain and reproduce.
3. The Customer is the controller and AskSpot is the processor. If the Customer acts as a processor for another controller, it ensures appropriate authorisation to appoint AskSpot as a subprocessor and provides instructions consistent with that authorisation. The DPA does not cover data processed by AskSpot as a separate controller for billing, managing its own business relationships or meeting its own legal obligations, as described in its privacy policy.
4. The subject matter is the handling of data for the Services selected by the Customer. Schedule A specifies the scope, purposes, data subjects and data categories. The DPA applies throughout the provision of the Services, including their wind-down and migration, and until data is deleted or returned under §7.

§2. Instructions and Customer obligations

1. AskSpot processes data only on the Customer’s documented instructions, including for transfers outside the EEA. Instructions comprise the Agreement, DPA, agreed Data Sheet, settings selected by authorised persons and instructions provided electronically. An exception applies where processing is required by Union or Member State law to which AskSpot is subject; AskSpot informs the Customer of that requirement before processing, unless that law prohibits this on important grounds of public interest.
2. The Customer is responsible for lawful collection and disclosure, legal bases, transparency obligations, the scope of instructions and data minimisation. It must not provide special categories of data under Article 9 GDPR or data under Article 10 GDPR unless the Parties first agree an appropriate scope and safeguards. This does not remove AskSpot’s obligations for data received accidentally; the Parties agree on its restriction or deletion.
3. AskSpot immediately informs the Customer if it considers that an instruction infringes data protection law and suspends that instruction pending clarification. If lawful provision of the Services proves impossible, the Parties agree on ending the affected scope and handling the data. Charges for additional work require prior agreement; the absence of agreement does not suspend AskSpot’s statutory obligations.
4. Personal data is used to perform the Services, including maintaining and optimising that Customer’s Agents and reporting for that Customer. AskSpot does not use it to develop the product as a whole or to train or fine-tune models made available to other customers, and does not permit subprocessors to do so. Optimising the Customer’s Agents does not authorise such training.

§3. Confidentiality and security

1. AskSpot ensures that only authorised persons who are bound by confidentiality or an appropriate statutory duty can access data, to the extent needed for their tasks.
2. AskSpot implements and maintains risk-appropriate measures under Article 32 GDPR, considering the state of the art, costs, and the nature, scope, context and purposes of processing. Schedule B sets minimum commitments; the Data Sheet provided before processing specifies the details. AskSpot may develop its measures while maintaining an appropriate level of protection and without materially reducing it.

§4. Assistance, breaches and oversight

1. Taking account of the nature of processing, AskSpot assists the Customer through appropriate technical and organisational measures in responding to data subject requests. It forwards requests received directly without undue delay and does not determine them independently without instructions, unless required by law.
2. Taking account of the nature of processing and available information, AskSpot assists with the obligations under Articles 32–36 GDPR, including impact assessments, prior consultations, notifications to authorities and communications to data subjects.
3. AskSpot notifies the Customer of a personal data breach affecting the entrusted data without undue delay after becoming aware of it, using the contact email in the Account. It provides available information on the nature of the breach, the categories and approximate numbers of individuals and records, likely consequences, remedial action and a contact point. It does not wait for the investigation to conclude and provides missing information progressively. It takes mitigation measures and cooperates in the investigation.
4. AskSpot makes available information needed to demonstrate compliance with Article 28 GDPR and allows and contributes to audits, including inspections, by the Customer or its authorised auditor. The Parties first use sufficient documentation and agree on the scope and timing of further activities proportionately to risk. Arrangements must not frustrate oversight, urgent breach response or regulatory powers. Other customers’ data, confidentiality and system security must be protected.
5. Each Party bears its own ordinary cooperation costs; the Customer bears the costs of its chosen auditor. Additional paid support requires prior agreement and must not be a condition for AskSpot to fulfil its GDPR obligations. The Customer does not fund remediation of breaches of the DPA or law for which AskSpot or its subprocessor is responsible.

§5. Subprocessors and transfers

1. The Customer grants general written authorisation to use the subprocessors in Schedule C to the extent needed for its Services. The list also covers providers of planned or configuration-dependent functions; inclusion does not mean that every provider receives every Customer’s data.
2. Before adding or replacing a subprocessor, AskSpot informs the Customer electronically of its identity, tasks, processing locations, transfer safeguards and planned start date. The advance notice and stated objection deadline must provide a real opportunity to assess and raise reasoned data protection objections before data is transferred. This procedure and paragraph 3 also apply to material changes in processing locations or transfer safeguards.
3. AskSpot considers objections and seeks a reasonable solution. If no solution is agreed, the Customer may terminate the Agreement before the new subprocessor receives its data. AskSpot does not transfer that data to the new subprocessor in the meantime. Settlement includes a refund of prepayments for the unused portion of the terminated Services, without a charge for termination on this ground.
4. AskSpot contractually imposes the same data protection obligations on subprocessors as in the DPA, as applicable to the processing entrusted to them, in accordance with Article 28(4) GDPR, and remains responsible to the Customer for their performance of data protection obligations.
5. Processing includes transfers outside the EEA, including to the USA and through Cloudflare’s global network. The Data Sheet identifies processing and remote access locations and specific transfer mechanisms. Before a transfer, AskSpot ensures compliance with Chapter V GDPR through an applicable adequacy decision or appropriate safeguards, in particular standard contractual clauses, with the required assessment and supplementary measures. Acceptance of the DPA neither replaces those mechanisms nor constitutes a data subject’s consent to a derogation under Article 49 GDPR. AskSpot provides information about safeguards and a copy, subject to permissible redaction of confidential information.

§6. Requests from authorities

AskSpot informs the Customer without undue delay of an authority’s request concerning entrusted data and proceedings materially affecting its protection, unless prohibited by law. It checks the basis of the request, limits disclosure to what is required and takes legally available protective action where justified.

§7. Return and deletion

1. The Customer chooses return or deletion, subject to the migration procedure and retrieval period in §12 of the Terms. Data is not deleted before the applicable retrieval period ends solely because the paid Service has ended. During that period, AskSpot limits processing to storage, security, return and migration, and compliance with law.
2. Following return, AskSpot deletes remaining copies; if deletion is selected or no different instruction is given, it deletes data after the retrieval period. Earlier deletion requires the Customer’s clear instruction. Mandatory retention under Union or Member State law is limited to the required scope and duration.
3. Residual data in backups remains isolated, protected by the DPA and unused for other purposes; it is deleted within the maximum cycle specified in the Data Sheet. If disaster recovery restores such data, AskSpot reapplies its deletion. On request, it confirms completion of deletion and identifies any legal exceptions.

§8. Liability and precedence

Liability between the Parties is governed by §10 of the Terms, with one shared cap covering the Agreement and DPA; the DPA creates no additional cap. This does not affect data subjects’ rights, regulatory powers, or liability and recourse to the extent mandatorily required by the GDPR, particularly Article 82. For processing matters, the DPA prevails over the Terms; applicable standard contractual clauses prevail to the extent they require.

Schedule A — Processing description

Item	Scope
Purpose	Provision of selected Services, handling queries and tickets, generating responses, maintaining and optimising the Customer’s Agents and reporting for that Customer.
Operations	Collection, storage, organisation, retrieval, analysis, response generation, disclosure to authorised recipients, export and deletion; electronically, as the Services are used.
Data subjects	Users of the Customer’s websites and channels, its customers, contact persons and personnel, to the extent their data is provided to the Services.
Data	Identification and contact data, technical identifiers, conversation and ticket contents, interaction history and order data if included in the selected integration; excluding the categories restricted by §2(2).
Retention while providing the Services	The standard retention period is 2 years for conversation history and 30 days for full conversation logs. Other periods may be agreed with the Customer in the Data Sheet to the extent permitted by law.
Duration and detailed scope	Under §1 and §7; the Data Sheet specifies categories, integrations, when retention periods begin, the rules for other data and export formats. The ending, return and deletion rules in §7 take precedence over standard retention; standard retention does not shorten the applicable data retrieval period.

Schedule B — Minimum security commitments

AskSpot maintains access controls and least privilege, authorisation and access withdrawal, confidentiality commitments and training, risk-appropriate protection of transmitted and stored data, recording of significant events and incident response, vulnerability management, and procedures ensuring confidentiality, integrity, availability, resilience and the ability to restore access to data in a timely manner after an incident. It regularly tests and assesses the effectiveness of these measures. The Data Sheet describes specific controls, backups and recovery arrangements; this Schedule is not a statement that AskSpot holds a security certification.

Schedule C — Authorised subprocessors

Entity — country of establishment	Function for entrusted data
Microsoft Ireland Operations Limited — Ireland	Processing queries and generating responses through Azure OpenAI Service, if enabled for the Customer’s Services.
Google Ireland Limited, on behalf of the Google Cloud group — Ireland	Hosting, databases, processing queries and generating responses using Google Cloud services, including Vertex AI.
Twilio Ireland Limited, SendGrid — Ireland	Transactional emails to the Customer and its personnel.
Functional Software, Inc., Sentry — USA	Error and incident monitoring; log fragments and technical identifiers.
Cloudflare, Inc. — USA	Abuse prevention and traffic security through its global edge network.
Anthropic, PBC — USA	Analysis to optimise the Customer’s Agents and report for that Customer.
OpenAI OpCo, LLC — USA	Analysis to optimise the Customer’s Agents and report for that Customer.

Country of establishment does not determine the processing location. The Data Sheet provided to the Customer before processing specifies countries, regions, access scope and transfer mechanisms for the configuration used; changes are subject to §5.