Terms of Service

1. Accounts and administration

The customer registers an organisation and appoints at least one administrator. The administrator creates, suspends and deletes accounts for its users, and sets what each of them may do.

The customer is responsible for the acts and omissions of its users as if they were its own, and for removing access from people who no longer need it.

Accounts are personal. A single account may not be shared between several people; where several people need access, each needs an account, and each is charged.

The customer must provide accurate registration and billing information and keep it current. Invoices are issued to the details held at the time of billing.

2. Plans, fees and taxes

Fees are charged per user account per billing period, according to the plan chosen. The published price of the plan at the time of purchase applies for the current period.

Adding accounts during a period is charged pro rata from the date they are added. Removing accounts takes effect at the start of the following period; we do not refund unused time within a period.

Annual plans are paid in advance for twelve months at a discount to the monthly rate.

Prices are exclusive of value added tax. Polish VAT is added where it is due. Business customers established in another EU member state who provide a valid VAT identification number are invoiced under the reverse charge mechanism, and are responsible for accounting for the tax in their own country.

Payment is by card, through our payment processor. Where a payment fails, we retry and notify the administrator. If it remains unpaid 14 days after the due date, we may suspend the Services until it is settled.

3. Trial

A trial period may be offered. A payment method is required to start it, and no charge is made before it ends.

If the trial is not cancelled before it ends, the subscription begins and the first period is charged. We send notice before that happens.

Trials are for evaluation. Using them to send bulk email, or creating repeated trials to avoid paying, is a breach of the Acceptable Use Policy.

4. Term, renewal and cancellation

The agreement continues for as long as the subscription is active. Subscriptions renew automatically at the end of each period unless cancelled before it ends.

The customer may cancel at any time, from the administration console, with effect at the end of the current period. There is no cancellation fee and no notice period.

We may terminate for a material breach that is not remedied within 14 days of written notice, or immediately in the cases set out in the Acceptable Use Policy.

Where we discontinue the Services altogether, we give at least 90 days' notice and refund any prepaid fees for the period that will not be served.

5. The customer's data

The customer's data remains the customer's. We claim no ownership of it, and we do not use it for our own purposes: not for advertising, not for resale, and not to train artificial intelligence models, whether ours or anyone else's.

The customer may export its data at any time and without our assistance: email over IMAP, calendars in iCalendar format, contacts in vCard or CSV, and files by download, including whole folders as archives.

Our processing of personal data on the customer's behalf is governed by the Data Processing Agreement, which forms part of these Terms.

After termination, data is deleted as described in that Agreement. The customer should export what it wants to keep before terminating.

6. Availability

We aim for monthly availability of 99.5% and we publish continuous measurements at status.beskos.com, taken from outside our own infrastructure.

This is a target, not a guarantee, and there is no service credit scheme. We do not offer a service level agreement. A customer requiring contractual availability commitments should take this into account before contracting.

Maintenance that requires interruption is announced in advance where it can be planned, and carried out outside European business hours where possible.

7. Support

Support is provided by email in Portuguese, English and Spanish. We aim to respond to any request within one working day, and faster where the Services are unavailable.

Support covers the operation of the Services. It does not cover the configuration of third-party systems, nor the migration of data from another provider, although we help where we can.

8. Changes

We improve the Services continuously, and features change. We do not remove a material feature without at least 30 days' notice to administrators.

We may amend these Terms, giving at least 30 days' notice by email and by publishing the updated text with a new date. Where an amendment is materially adverse to the customer, it may terminate before the change takes effect and receive a refund of prepaid fees for the unused period.

Price changes do not apply to a period already paid for. For monthly plans, at least 60 days' notice is given.

9. Warranties and liability

The Services are provided with reasonable skill and care. Beyond that, and to the extent permitted by law, we give no warranties, express or implied, including as to fitness for a particular purpose.

Neither party is liable for indirect or consequential loss, loss of profit, loss of business, or loss of goodwill.

Our total liability arising out of or in connection with this agreement in any twelve-month period is limited to the fees paid by the customer in the twelve months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for liability that cannot be limited under the GDPR, or for any other liability that cannot lawfully be limited.

10. Confidentiality

Each party shall keep confidential the non-public information it receives from the other, and use it only for the purposes of this agreement. This does not apply to information that is public through no fault of the recipient, was already lawfully known to it, or must be disclosed by law.

This obligation survives termination for three years, and indefinitely for personal data and for anything protected as a trade secret.

11. Governing law, jurisdiction and language

This agreement is governed by the law of Poland, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.

The courts of Poznań, Poland, have exclusive jurisdiction, save that a consumer may bring proceedings in the courts of their own place of residence, and that either party may seek injunctive relief in any competent court.

The English text is the authentic version. Any translation is provided for convenience only and, in the event of a discrepancy, the English text prevails.

If any provision is held invalid, the remainder continues in force and the invalid provision is replaced by one that comes closest to its commercial intent.