Terms of Service

Last updated: 2026-06-01 Effective date: 2026-06-01


1. Who you are contracting with

These Terms of Service ("Terms") form a binding agreement between you and:

Karol Kwiatkowski, doing business as Consultad Karol Kwiatkowski, a sole trader registered in the Polish Central Register and Information on Economic Activity (CEIDG), with a registered business address at ul. Dereniowa 60/104, 02-776 Warszawa, Poland, NIP 9512411426, REGON 364233908 ("Consultad", "we", "us", or "our").

By creating an account, accessing the Consultad platform, or using any feature of the platform, you confirm that you have read, understood, and agreed to these Terms, the Privacy Policy (https://consultad.io/privacy), the Cookie Policy (https://consultad.io/cookies), and, where Consultad processes personal data on your behalf, the Data Processing Agreement (https://consultad.io/dpa). If you do not agree to any of these, do not use the platform.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you personally and the organization.


2. Definitions

In these Terms, capitalized terms have the meanings set out below. Other capitalized terms are defined where they first appear.

  • "Account" - your user record on the platform, identified by an email address.
  • "Authorized Users" - individuals you authorize to access the platform on behalf of your Organization, each with their own Account.
  • "Customer Data" - the data, content, and material you or your Authorized Users submit to, generate within, or connect to the platform, including advertising data ingested from Connected Accounts, AI chat content, files, templates, configuration, and outputs.
  • "Connected Account" - an account you hold with a third-party advertising platform (Meta, Google Ads, TikTok) that you connect to Consultad through OAuth.
  • "Organization" - the legal entity or sole trader on whose behalf an Account is created and operated, including a single individual acting on their own behalf.
  • "Platform" - the Consultad web application available at https://consultad.io and at any other domain we designate, together with all related services, APIs, and content.
  • "Plan" - the subscription tier you select (Free, Standard, or Enterprise).
  • "Subscription Term" - the period for which you have committed to a paid Plan, beginning on the activation date and renewing automatically unless cancelled.
  • "Tenant" - a logically isolated workspace within the Platform, identified by a tenant identifier, that holds Customer Data for one or more Organizations.

3. Eligibility and account registration

3.1 Eligibility

You may use the Platform only if:

(a) you are at least sixteen (16) years old;

(b) you have the legal capacity to enter into a binding contract under the law of your country of residence and, where you are entering into these Terms on behalf of an Organization, you have authority to bind that Organization;

(c) you are not barred from using the Platform under the laws of Poland, the European Union, or your country of residence; and

(d) you are not subject to applicable trade sanctions or located in a jurisdiction subject to a comprehensive embargo (currently, but not limited to, Belarus, Cuba, Iran, North Korea, Russia, Syria, and the non-government-controlled areas of Ukraine).

3.2 Registration

To use the Platform you must create an Account. You agree to:

(a) provide accurate, current, and complete information at registration and keep it up to date;

(b) keep your password confidential and use a strong, unique password;

(c) take responsibility for all activity that occurs under your Account, whether or not authorized by you;

(d) notify us promptly at karol@consultad.io of any suspected unauthorized access to or use of your Account.

You may sign in with email and password or with a supported single-sign-on provider. Authentication is performed by Firebase Authentication, our identity sub-processor.

3.3 Authorized Users and roles

Your Organization may authorize additional individuals to access the Platform. You are responsible for:

(a) the acts and omissions of your Authorized Users as if they were your own;

(b) ensuring that each Authorized User accepts these Terms before accessing the Platform;

(c) revoking access promptly when an Authorized User no longer requires it.


4. The Plans and what they include

4.1 Available Plans

The Platform is offered under three Plans. The authoritative description of each Plan, including current pricing, is published at https://consultad.io/pricing.

PlanWho it is forHow you sign upHeadline commercial terms
FreeIndividuals and Organizations evaluating the PlatformSelf-serve, no payment method required14-day full-feature trial; reverts to a free read-only state at the end of the trial unless upgraded
StandardSelf-serve customers and small OrganizationsSelf-serve with a payment methodMonthly floor fee of PLN 149 per Organization, plus a progressive percentage of managed advertising spend (3% on the first PLN 15,000 of monthly spend; 5% on the next bracket up to PLN 50,000; 3.5% on the bracket up to PLN 150,000), billed in the currency you choose at signup
EnterpriseLarger Organizations with custom requirementsSales-gated; contact contact@consultad.ioCustom commercial terms set out in an order form that supplements these Terms

We may add new Plans, retire Plans, or change the features of a Plan; existing subscribers will be notified of any change that materially reduces functionality on their current Plan at least thirty (30) days before the change takes effect.

4.2 Billing cycles

Standard Plan fees are billed on two cycles that run in parallel:

(a) the floor fee of PLN 149 (or its equivalent in EUR or USD at the rate you signed up at) is billed on a thirty-day anniversary cycle starting from your activation date and recurring every thirty (30) days thereafter;

(b) the percentage-of-spend overage is calculated on a calendar-month basis and is pro-rated for the portion of the calendar month in which your Plan was active.

Enterprise Plan billing follows the cycles set out in your order form.

4.3 Currency

You may select your billing currency at signup from PLN (Polish złoty), EUR (euro), or USD (US dollar). Once selected, your billing currency does not change unless we agree otherwise in writing.

4.4 Payment processor

We use Stripe (Stripe Payments Europe Ltd. in the EEA; Stripe Inc. in the United States) to process payments. By providing a payment method, you authorize us, through Stripe, to charge your payment method for all fees due under your Plan, including recurring charges, overage charges, and taxes.

4.5 Taxes and invoices

All fees are stated exclusive of any applicable taxes. You are responsible for all taxes, duties, and levies associated with your purchases, except for taxes on our net income. Where we are required to collect VAT or another sales tax, we will add it to the invoice at the prevailing rate.

Stripe generates payment artifacts (receipts, payment confirmations) as part of the payment process; these are not VAT invoices for Polish-tax purposes. VAT invoices compliant with Polish tax law, including the Krajowy System e-Faktur (KSeF) e-invoicing framework where it applies to Consultad as a VAT payer, are issued by Consultad and delivered to the Customer within the statutory period. You are responsible for providing the data required for the invoice (NIP, billing address) at the time of purchase or as soon as it changes.

4.6 Late payment and unpaid fees

If a payment fails or remains unpaid by the due date, we may:

(a) retry the charge against your payment method;

(b) suspend access to paid features of the Platform on five (5) business days' written notice;

(c) terminate your Plan and your Account in accordance with Section 12 if non-payment continues for thirty (30) days or more;

(d) charge statutory interest on overdue amounts at the rate set out in Polish law for commercial transactions.

4.7 Refunds

Subscription fees are non-refundable except where required by mandatory law. If you cancel a paid Plan mid-cycle, you will continue to have access to paid features until the end of the current cycle, and no pro-rata refund will be issued.

4.8 Right of withdrawal (EU consumers)

If you are a consumer within the meaning of EU consumer-protection law, you have a right to withdraw from a paid subscription within fourteen (14) days of subscribing, without giving any reason, by writing to karol@consultad.io or by using the model withdrawal form. However, by activating a paid Plan and starting to use the paid features, you expressly request that the service begins immediately and you acknowledge that you lose the right of withdrawal once the service has been fully performed in respect of any billing period during which you have used the paid features.


5. Free trial

The Free Plan includes a fourteen (14) day trial of the full Standard feature set, starting on Account activation. During the trial:

(a) no payment method is required;

(b) you may use all features included in the Standard Plan, subject to fair-use limits described at https://consultad.io/pricing;

(c) at the end of the trial, your Account reverts to a read-only state with limited functionality until you upgrade.

We reserve the right to refuse, restrict, or terminate a free trial, and to prevent repeated trial creation by the same individual or Organization, if we determine, acting reasonably, that the trial is being used in bad faith or in violation of these Terms.


6. Acceptable use

6.1 You agree not to

When using the Platform, you agree not to, and not to permit any Authorized User or any third party to:

(a) use the Platform in violation of any applicable law, including data-protection, advertising, consumer-protection, intellectual-property, export-control, or sanctions law;

(b) infringe any third party's intellectual-property, privacy, publicity, or other rights;

(c) submit, transmit, or generate Customer Data that is unlawful, defamatory, obscene, harassing, hateful, harmful to minors, contains malware, or that you do not have the right to submit;

(d) impersonate any person or entity, or misrepresent your affiliation;

(e) attempt to gain unauthorized access to the Platform, to any other Account, or to any system or network connected to the Platform;

(f) probe, scan, or test the vulnerability of the Platform without our prior written consent;

(g) interfere with or disrupt the integrity, performance, or availability of the Platform;

(h) circumvent any rate limit, fair-use limit, access control, or security measure;

(i) reverse-engineer, decompile, or attempt to derive the source code or underlying algorithms of the Platform, except to the extent that such restriction is prohibited by mandatory law;

(j) resell, sublicense, rent, lease, time-share, or otherwise commercially exploit the Platform other than for your own use within your Organization;

(k) use the Platform to build or train a competing product, including by extracting model outputs to fine-tune or distill another model;

(l) use the Platform to send unsolicited commercial communications or to facilitate any campaign, ad, or creative that violates the policies of Meta, Google Ads, TikTok, or any other Connected Account;

(m) use the Platform in a way that exceeds our published fair-use limits in a manner reasonably likely to degrade service for other customers.

6.2 AI assistant: additional limits

When you use the Consultad AI assistant, you additionally agree:

(a) not to submit prompts that solicit content that is illegal, that infringes third-party rights, that targets a real individual with intent to harm, or that we have specifically prohibited in our published acceptable-use guidance for the assistant;

(b) not to rely on AI-generated output as professional advice (legal, financial, medical, or otherwise);

(c) not to use the assistant to generate or pursue solely automated decisions that produce legal or similarly significant effects on a natural person without meaningful human review on your side;

(d) to be solely responsible for any campaign, creative, audience configuration, or budget change that you confirm based on the assistant's suggestions. The assistant suggests; you decide.

6.3 Enforcement

We may, acting reasonably, investigate suspected violations of this Section 6 and take any action permitted by law and by these Terms, including warning you, restricting access, suspending or terminating your Account, removing Customer Data that violates these Terms, or cooperating with law-enforcement authorities. Where we remove Customer Data on the basis of this Section, we will tell you what we removed and why, unless we are prohibited from doing so by law or by an active investigation.


7. Customer Data and your Connected Accounts

7.1 Ownership of Customer Data

As between you and Consultad, Customer Data belongs to you. We do not acquire any ownership of Customer Data by virtue of these Terms.

7.2 License to operate the Platform

You grant Consultad a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use Customer Data solely to:

(a) provide and operate the Platform for you and your Authorized Users;

(b) prevent or address service, security, or technical problems;

(c) comply with these Terms and applicable law;

(d) generate aggregated and de-identified statistics about Platform usage that cannot reasonably be used to identify you or any other person, which we may use to operate, secure, and improve the Platform.

This license ends when Customer Data is deleted from the Platform, except for the residual periods described in Section 12.4 and in our Privacy Policy.

7.3 No training of foundation models

We do not use Customer Data, including AI chat prompts and responses, to train, fine-tune, or otherwise improve any foundation model, and our contracts with our AI sub-processors prohibit them from doing so on Customer Data passed through the Platform.

7.4 Connected Accounts

You may connect your own accounts with third-party advertising platforms (Meta, Google Ads, TikTok) through OAuth. You agree that:

(a) you have authority to connect each account and to grant Consultad the access scopes the connection requests;

(b) the operation of the Connected Account, including its terms, privacy practices, fees, and policy enforcement, is between you and the third-party platform;

(c) you can disconnect a Connected Account at any time from the Platform; disconnecting revokes our ability to act on it but does not delete the historical data already ingested.

7.5 Backups and exports

You are responsible for maintaining your own backup of any Customer Data you consider critical. Operational backups of the hosting infrastructure are performed by Google Cloud Platform in accordance with its standard procedures. These backups are used solely for disaster recovery and are not exposed to customers as a data-recovery mechanism. Customers requiring point-in-time recovery should use the in-app Export feature (Settings → Account → Export my data).

7.6 Processing of personal data within Customer Data

To the extent that Customer Data contains personal data within the meaning of GDPR or comparable law, the Data Processing Agreement at https://consultad.io/dpa applies. The DPA is incorporated into these Terms by reference. In the event of a conflict between these Terms and the DPA in respect of personal data processed by Consultad as a processor, the DPA prevails.


8. AI features

The Platform includes an AI assistant powered by foundation models supplied by Anthropic PBC and by Google through Vertex AI.

8.1 How it works

You submit a prompt; the Platform sends the prompt and the necessary context to Anthropic or Vertex AI; the model generates a response; the Platform displays the response and stores both prompt and response in your Tenant's conversation history. You can delete a conversation at any time from within the Platform.

8.2 Output

The AI assistant generates statistical predictions. The output may be inaccurate, incomplete, biased, out of date, or otherwise unsuitable for your purpose. You should review output carefully before relying on it, verify factual claims independently, and treat output as a starting point, not a substitute for human judgment.

We make no warranty that AI-generated output is accurate, complete, useful, lawful, or suitable for any particular purpose, beyond the warranties expressly stated in Section 14.

8.3 Confirmation-gated actions

Tool calls that write to your Connected Accounts (for example, pausing a campaign or changing a budget) require your explicit confirmation in the Platform before they execute. The assistant does not take such actions on your behalf without that confirmation.

8.4 Prohibited inputs

Do not submit through the AI assistant:

(a) special categories of personal data (Article 9 GDPR) where you do not have an explicit legal basis to share them;

(b) data subject to confidentiality obligations that conflict with this Section;

(c) materially classified, regulated, or export-controlled information beyond what the Platform is contractually authorized to process.

8.5 Tenant-level write gating

Certain write features (including AI-confirmed actions on advertising platforms) are gated per-Tenant by a runtime flag set by Consultad. Even when a Plan would otherwise include write functionality, a Tenant may be restricted to read-only operations until write is enabled. You will see the current write status in your Tenant settings.


9. Third-party services

The Platform integrates with services operated by third parties, including the advertising platforms you connect, Stripe for payments, SendGrid for email, Bannerbear for creative generation, and the AI providers identified in the Privacy Policy. The complete list is published at https://consultad.io/subprocessors.

We are responsible for selecting our sub-processors with reasonable care and for binding them to obligations consistent with these Terms and with our DPA. We are not responsible for the acts or omissions of third parties that you choose to integrate with, such as your Connected Accounts.


10. Intellectual property

10.1 The Platform

The Platform, including the software, the user interface, the documentation, the trademarks "Consultad" and any related marks, the visual design, and all related intellectual-property rights, belongs to Consultad or to our licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform for your internal business or personal purposes during your Subscription Term.

10.2 Feedback

If you provide us with suggestions, ideas, or feedback about the Platform, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate that feedback into the Platform, without obligation to you.

10.3 AI output

As between you and Consultad, you own the output that the AI assistant generates in response to your prompts, subject to:

(a) any rights of third parties whose content was included in your prompt;

(b) the licensing terms of our AI sub-processors, which require us to pass through certain restrictions;

(c) our continuing right to use the output to operate and improve the Platform under Section 7.2.

You are responsible for ensuring that your use of AI output complies with applicable law and with the rights of third parties.


11. Confidentiality

Each party may have access to non-public information of the other ("Confidential Information"). Each party will:

(a) protect the other's Confidential Information using at least the same degree of care it uses to protect its own, and in no event less than reasonable care;

(b) use the other's Confidential Information only for the purposes of these Terms;

(c) limit access to its personnel and advisors who need to know and who are bound by confidentiality obligations no less protective than this Section.

These obligations do not apply to information that is or becomes public other than by breach of these Terms, that is rightfully received from a third party without confidentiality obligations, that is independently developed without use of the other party's Confidential Information, or that is required to be disclosed by law or by a binding order of a public authority (in which case the receiving party will, where lawful, notify the disclosing party in advance).


12. Term, suspension, and termination

12.1 Term

These Terms come into force when you create an Account and continue for as long as you have an Account, unless terminated earlier under this Section.

12.2 Termination by you

You may terminate these Terms at any time by:

(a) cancelling your paid Plan from Settings → Billing, in which case access to paid features continues until the end of the current cycle; or

(b) deleting your Account from Settings → Account → Delete account, which closes the contract and triggers the deletion process described in Section 12.4 and in the Privacy Policy.

12.3 Termination by Consultad

We may terminate these Terms, or any specific Plan, immediately on written notice if:

(a) you materially breach these Terms and (where the breach is capable of cure) you fail to cure within fifteen (15) days of our notice describing the breach;

(b) you fail to pay any undisputed amount when due and the failure continues for thirty (30) days after our notice;

(c) you cease your business, file for bankruptcy or insolvency, or become subject to an analogous proceeding;

(d) we are required by law or by a binding order of a public authority to terminate;

(e) we discontinue the Platform in your country or generally, in which case we will give you at least ninety (90) days' notice and a pro-rata refund of pre-paid Plan fees attributable to the period after termination.

We may also terminate these Terms for convenience on ninety (90) days' notice; in that case, we will refund any pre-paid Plan fees attributable to the period after termination.

12.4 Effect of termination

On termination:

(a) your right to access the Platform ends;

(b) we will retain Customer Data for thirty (30) days after termination to allow you to export it (Settings → Account → Export my data), then begin the deletion process described in the Privacy Policy;

(c) outstanding fees accrued up to the date of termination remain payable;

(d) Sections 2, 6.1, 7.1, 7.3, 10, 11, 14, 15, 16, 17, 18, and 20 survive termination.


13. Suspension

We may suspend your Account or any individual feature, in whole or in part, without prior notice if:

(a) we reasonably believe that continued access poses a security risk to the Platform, to other customers, or to third parties;

(b) we are required to do so by law or by a binding order of a public authority;

(c) you are in material breach of Section 6 (Acceptable use);

(d) your payment is overdue and the situation described in Section 4.6 applies.

Where the cause of suspension is curable, we will lift the suspension promptly after you have cured the underlying issue. Suspension does not relieve you of your obligation to pay fees that have accrued, except where the cause of suspension is attributable to us.


14. Warranties and disclaimers

14.1 Our limited warranty

We warrant that the Platform will perform materially in accordance with our published documentation. As your sole remedy for a breach of this warranty, we will use commercially reasonable efforts to correct the defect; if we cannot correct it within a reasonable period, you may terminate the affected Plan and receive a pro-rata refund of fees attributable to the period after termination.

14.2 Mutual warranty

Each party warrants that it has the authority to enter into these Terms and that performance of these Terms will not breach any other agreement to which it is a party.

14.3 Disclaimers

To the maximum extent permitted by applicable law, and except for the warranties expressly set out in this Section 14:

(a) the Platform is provided "as is" and "as available";

(b) we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade;

(c) we do not warrant that the Platform will be uninterrupted, error-free, secure against all attacks, or that AI-generated output will be accurate, complete, or fit for any particular purpose.

This Section does not limit any rights you may have as a consumer under mandatory law.

14.4 Consumer warranty preservation

If you are a consumer within the meaning of EU consumer-protection law, the disclaimers in §14.3 do not exclude or limit Consultad's mandatory statutory liability for the conformity of digital services with the contract under Articles 43a-43g of the Polish Act on Consumer Rights of 30 May 2014 (implementing Directive (EU) 2019/770), the implied-warranty regime under Civil Code art. 558 §1, or any other consumer-protection rule that cannot be waived by contract.


15. Limitation of liability

15.1 Excluded damages

To the maximum extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of goodwill, loss of business opportunity, loss of data (other than the cost of restoring data from your own backup), or loss arising from the inaccuracy of AI-generated output, even if the party has been advised of the possibility of such damages.

15.2 Cap

To the maximum extent permitted by applicable law, each party's total cumulative liability arising out of or in connection with these Terms will not exceed the greater of:

(a) the total fees paid or payable by you to us under these Terms during the twelve (12) months preceding the event giving rise to the claim; and

(b) one hundred euro (EUR 100).

15.3 Carve-outs

The exclusions and limitations in this Section 15 do not apply to:

(a) either party's liability for death or personal injury caused by its negligence;

(b) either party's liability for fraud or fraudulent misrepresentation;

(c) your obligation to pay fees due under these Terms;

(d) either party's indemnification obligations under Section 16;

(e) any other liability that cannot be limited or excluded under mandatory applicable law.

15.4 Consumer rights

If you are a consumer within the meaning of EU consumer-protection law, your statutory rights as a consumer are not affected by this Section.

15.5 Sole-trader status

You acknowledge that Consultad is a sole trader (Karol Kwiatkowski) and that liability under these Terms is that of a sole trader.

15.6 Consumers

If you are a consumer within the meaning of Civil Code art. 22¹ (or any equivalent EU Member State definition of "consumer"), the limitations in §15.1 and §15.2 do not apply to you. Consultad's liability towards consumers is governed by mandatory Polish law, including the general rules on damages under the Civil Code (in particular art. 361 §2 on the scope of compensation) and the consumer-protection provisions of the Act on Consumer Rights of 30 May 2014.


16. Indemnification

16.1 By you

You will defend Consultad and our personnel against any third-party claim, action, suit, or proceeding ("Claim") to the extent it arises out of or relates to:

(a) Customer Data, including any allegation that Customer Data infringes third-party rights, violates applicable law, or breaches a third-party platform's terms;

(b) your use of the Platform in breach of these Terms;

(c) your use of AI-generated output, including any decision you make based on the output;

(d) any activity carried out on a Connected Account at your instruction or that of your Authorized Users;

and you will indemnify us against any damages, costs, and reasonable legal fees finally awarded against us by a court of competent jurisdiction, or agreed in settlement with your prior approval, in respect of any such Claim.

Consumers. If you are a consumer within the meaning of EU consumer-protection law, your obligation under this Section 16.1 is limited to actual damages directly caused by your intentional or grossly negligent breach of these Terms or by your deliberate misuse of Customer Data, AI output, or Connected Accounts. Consequential damages and lost profits are excluded for consumers, and the obligation is in no event broader than what is permitted under mandatory Polish consumer-protection law (in particular Civil Code art. 385¹-385³).

16.2 By us

We will defend you against any third-party Claim to the extent it alleges that the Platform, used by you in accordance with these Terms, directly infringes a third party's copyright, registered trademark, or registered patent in Poland, and we will indemnify you against any damages, costs, and reasonable legal fees finally awarded against you. Our obligation under this Section 16.2 does not apply to the extent that the alleged infringement arises out of: (i) Customer Data; (ii) modification of the Platform by anyone other than us; (iii) combination of the Platform with anything not supplied by us; or (iv) AI-generated output.

16.3 Procedure

The indemnified party will: (a) notify the indemnifying party promptly of any Claim; (b) give the indemnifying party sole control of the defense and settlement; (c) provide reasonable cooperation, at the indemnifying party's expense.


17. Governing law

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the law of the Republic of Poland, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

If you are a consumer within the meaning of EU consumer-protection law, you continue to benefit from the mandatory consumer-protection provisions of the law of your country of residence.


18. Dispute resolution

18.1 Informal resolution

If a dispute arises between us, both parties will first try in good faith to resolve it informally by writing to karol@consultad.io with a clear description of the dispute and the relief sought. Both parties will respond within thirty (30) days.

18.2 Default forum

Subject to Section 18.3, any dispute that cannot be resolved informally will be submitted to the exclusive jurisdiction of the courts of Warsaw, Poland.

18.3 Arbitration for customers in the United States

If you are a resident of the United States or an Organization with its principal place of business in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in English, by a single arbitrator, in New York, New York, or, at your election if you are a consumer, by telephone or video conference.

The following exceptions apply:

(a) either party may bring a claim in small-claims court if the claim qualifies and is brought in that party's individual capacity;

(b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual-property rights or confidential information;

(c) NO CLASS ACTIONS. All disputes will be resolved only on an individual basis. Each party waives any right to participate in a class, collective, consolidated, or representative proceeding.

Exclusion. This arbitration clause does not bind customers who are consumers within the meaning of Civil Code art. 22¹ (or any equivalent EU Member State definition of "consumer"), nor customers with habitual residence or principal place of business in the European Union. Such customers remain subject to the courts of Warsaw, Poland under Section 18.2, and to mandatory consumer-protection provisions of their country of residence.

You have the right to opt out of this arbitration agreement within thirty (30) days of first agreeing to these Terms by writing to karol@consultad.io with "Arbitration opt-out" in the subject line.

18.4 Online dispute resolution (EU consumers)

If you are a consumer resident in the EU, you may also use the European Commission's online dispute-resolution platform at https://ec.europa.eu/consumers/odr.


19. Changes to these Terms

When we make a material change, we will:

(a) update the "Last updated" date at the top of these Terms;

(b) notify you by email and by an in-app notice, at least thirty (30) days before the change takes effect;

(c) ask you to accept the updated Terms before continuing to use the Platform, where the change materially affects your rights or obligations.

If you do not agree to a material change, your sole remedy is to stop using the Platform and to terminate your Account before the change takes effect.


20. Miscellaneous

20.1 Notices. Notices to us must be sent to karol@consultad.io with a copy by registered post to ul. Dereniowa 60/104, 02-776 Warszawa, Poland.

20.2 Assignment. You may not assign these Terms without our prior written consent (not to be unreasonably withheld). We may assign these Terms to a successor in interest in connection with a merger, acquisition, or sale of substantially all of our assets, on written notice to you.

20.3 Subcontracting. We may subcontract any of our obligations under these Terms to our sub-processors and to other contractors. We remain responsible for performance.

20.4 No waiver. Failure to enforce any provision of these Terms is not a waiver of that provision. A waiver is effective only if it is in writing and signed by the waiving party.

20.5 Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the rest of these Terms will remain in full force and effect.

20.6 Force majeure. Neither party will be liable for a failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riot, civil unrest, government action, labor disputes, internet failures, third-party outages, and pandemics. The affected party will notify the other promptly and resume performance as soon as reasonably possible.

20.7 Independent contractors. The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship.

20.8 No third-party beneficiaries. These Terms do not confer any rights on any person other than the parties.

20.9 Entire agreement. These Terms, together with the Privacy Policy, the Cookie Policy, the DPA, and any order form, constitute the entire agreement between the parties. In the event of a conflict, the order of precedence is: (1) the order form (if any), (2) the DPA in respect of personal data processed by us as a processor, (3) these Terms, (4) the Privacy Policy, (5) the Cookie Policy.

20.10 Language. These Terms are issued in English and in Polish. In the event of a discrepancy between the two language versions, the Polish version prevails for customers contracting with Consultad as a Polish-resident consumer; the English version prevails in all other cases.

20.11 No DPO. Consultad is not required to appoint a Data Protection Officer under Article 37 GDPR given the nature and scale of its processing activities, and has not done so.

20.12 Headings. Headings are for convenience only and do not affect interpretation.


21. Contact

Consultad, Karol Kwiatkowski ul. Dereniowa 60/104, 02-776 Warszawa, Poland karol@consultad.io

For privacy and data-protection questions: see the Privacy Policy (https://consultad.io/privacy). For data-processor obligations: see the Data Processing Agreement (https://consultad.io/dpa). For sub-processor changes: see https://consultad.io/subprocessors.


Change log: v2.1 2026-06-01: §4.8 withdrawal-form link (#1844). v2.0 2026-06-01: Added §3.1(d) sanctions clause; §4.8 EU consumer withdrawal; §8.5 tenant write gating; §10.3 AI output ownership; §13 Suspension as standalone section; §16.2 Consultad IP indemnification; §18.3 US arbitration with opt-out window; §18.4 EU ODR; §20.9 precedence order; §20.10 language clause; §20.11 no-DPO statement. v1.0 2026-05-27: Initial version.