Definitions
- “Apropo”
- SAAS based platform allowing users to create, manage and share customizable quoting proposals for software development projects and monitor customer’s interaction therewith, accessible at www.apropo.io, provided and operated by Service Provider.
- “Service Provider” or “We”
- AI Estimo Software sp. z o.o. (limited liability company), registered in Lublin, ul. Gospodarcza 26, 20-213 Lublin, Poland, entered into the registry of entrepreneurs held by the District Court Lublin-WschĂłd in Lublin with seat in Ĺšwidnik, VI Commercial Department, under registry no. (KRS): 0000778324, tax id. no. (NIP): 9462687496.
- “User” or “You”
- Anyone using Apropo or on whose behalf other Users use Apropo (e.g. an employer / a company / an organization).
- “Account”
- A User account in Apropo, available after registration, allowing access to features within Free or Paid Plan, associated with a particular User.
- “Free Plan”
- Free access to limited features of Apropo. Details regarding Free Plan are specified in Attachment 1 to these Terms of Service.
- “Paid Plan”
- Paid subscription allowing Users access to paid features of Apropo, with increased functionality. Details regarding Paid Plans are specified in Attachment 1 to these Terms of Service.
- “Billing Period”
- A period of one month, starting from the date of successful payment for one of Paid Plans and ending on the analogous date on the next month (e.g. from 31 January to 28 February or from 5 March to 5 April).
- “Payment Method”
- A method of payment for use of Apropo as chosen by the User from available options.
- “GDPR”
- Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- “Personal Data Protection Laws”
- GDPR and any laws adopting, implementing, ratifying, supplementing, or replacing the GDPR.
General rules of service
These Terms of Service along with all the attachments govern your use of Apropo, including registration of Accounts, creating, managing and sharing of quoting proposals, purchasing of Paid Plans, compliants etc.
For Privacy and Cookies Policy click https://app.apropo.io/policy.
You must be 18 years of age or the age of majority in your province, territory or country, to become a User of Apropo with Paid Plan.
You may register an Account with Apropo on Your own behalf (as a sole trader), on behalf of a legal entity that You represent, or as an employee. By registering an Account with Apropo You conclude (on your own behalf or on behalf of a legal entity that you represent) an agreement for use of Apropo’s services as per these Terms of Service, unless You are an employee, in which case you may use Apropo based on the agreement concluded between Your employer and Us and subject to these Terms of Service.
If you register an Account on behalf of a legal entity (e.g. your company), you represent and warrant that you are entitled to enter into contracts on behalf of such entity, including to undertake obligations that involve payment liabilities.
Our business model relies on provision of high-end, sophisticated quoting assistance to businesses worldwide. You may only use Apropo in connection with your commercial (business/work related) activity. We do not agree to enter into any legal relations with consumers and if you are a consumer under applicable law, you are not allowed to access Apropo.
Subject to conditions of Paid Plans, You may authorize your employees to use Apropo on your behalf. We do not agree to conclude separate contracts with such employees (regardless of the legal basis of Your cooperation with them) and they are not to be considered our counterparty in the legal sense. You accept full liability for any action of such employees and guarantee that they will comply with these Terms of Service, in particular clauses 2.10, 6.2 and all Personal Data Protection Laws. Also, You confirm that Your employees have proper authorizations to conduct on your behalf any act as a result of them using Apropo’s features. These Terms of Service and Privacy & Cookies Policy will apply accordingly to such employees, any reference to “Users” or “You” will apply accordingly to such employees and they will have to accept and comply with these Terms of Service and Privacy & Cookies Policy on registration of Accounts, for which You are responsible.
When using Apropo, from time to time you may also use one of the services provided by our partners or other third parties, such as an Internet provider or a payment processor. Your use of these third party services may be subject to separate terms of use and charges may apply. We will not be liable for such third parties and are not a party to separate contracts concluded between you and such third party for provision of separate services (e.g. payment processing).
Apropo is provided to Users on an „as is” basis. We strive to make Apropo as best and as accurate as possible, but cannot and do not guarantee that use of Apropo will in itself bring about any specific level of sales in your business. We make no representation, warranty or guarantee of any kind, express or implied, as to the functioning of Apropo, commercial effects of its use, availability of service, Apropo’s UI and mechanisms used for its operations.
We will strive to ensure that Apropo is available and functional at all times during your subscription. However, we reserve the right to interrupt service occassionally to implement changes, safety updates and for general maintenance. We will try, whenever possible, to limit interruptions to late-night periods, between 1-5 am CEST and to give you advanced warnings.
All liability for service interruptions, lack of availability, non-functioning or improper functioning of Apropo, including, but not limited to: contractual and tort liability, liability for improper performance, non-performance and implied liability or guarantee, liability for monetary and non-monetary loss, for direct and indirect damage (including lost profit), for damnum emergens and lucrum cessans, is hereby explicitly excluded to the broadest extent allowed under applicable law, with exception for liability for damage caused by our willful conduct.
You are allowed to use Apropo only in accordance with its purpose, in compliance with applicable laws and fair dealing principle. You will not violate other people’s rights, including good name or reputation, nor try to hack Apropo, access other Users’ data or Accounts or intercept any message. You will not upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of Apropo or any device used by its Users and other persons. You will not use Apropo in any offensive, racist, criminal, unethical manner, e.g. by using offensive or racist project labels. We reserve the right to suspend our services or block you from using Apropo if you breach the foregoing.
Account registration and use
You have to register an Account to use Apropo. To do so, you have to click on an appropriate button on Our website, fill-in the required data and confirm your consent to these Terms of Service and Our Privacy & Cookies Policy. After registering an Account, you will be sent an activation link to the email address that you provided. Your Account will be active after you confirm registration by clicking on the link.
One Account per User is allowed.
You may only register one Account assigned to each email address.
Registration and use of Account is free.
There are three types of User categories, based on the level of authority: (i) Admins (authorized to manage the company, billing, manage users within a company and a project, manage projects), (ii) Business Users (authorized to review pricing and share quoting proposals), (iii) Technical Users (authorized to review and edit quoting proposals, cannot see fees, cannot share quoting proposals with customers).
Admins will be authorized to invite new Users within a company to their workspace, specify roles and manage team members, pursuant to the conditions of each Paid Plan as set out in Attachment 1 to these Terms of Service. You are not allowed to invite as Users persons outside your organization or employment structure etc.
If you register an individual Account (not associated with your company or employer) your permission level should be set to Admins by default. You may be limited to Business or Technical User level of authority if you register an Account associated with a company / employer, whereby an Admin has restricted your permission level.
By logging into your Account you gain access to several features of Apropo, including reviewing archived projects, managing your workspaces and projects and adding your team members. You also need an Account to create projects and quoting proposals, share quoting proposals and review your customer’s interaction with your quoting proposal. Subject to Clause 8.2 of these Terms of Service we reserve the right to change these features, including by adding new features, limiting current features or removing them. We will give you advance warning, when any change that may affect your data is forthcoming and you will be given time to backup your data.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computers and other applicable devices, from which you access Apropo. You accept responsibility for all activities that occur under your Account or password, especially for use of payment details under your Account. You are not allowed to share your Account login and password with anyone, including third parties, relatives, friends, colleagues, business partners or employees.
Whenever you provide personal data of a third person to Apropo, e.g. when you label a new project with a name of your customer or use your customer’s email address to deliver the quoting proposal, you undertake to inform such third person that we may process their personal data based on your input. You also undertake not to use personal data without any legal basis to do so under applicable rules, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). You will release us from any liability in relation to our processing of third parties’ personal or other data in connection with your use of Apropo.
Free and paid plans
You may use Apropo for free, with limited features under Free Plan or under one of Paid Plans.
Detailed terms and conditions regarding Free Plan and Paid Plans are specified in Attachment 1 to these Terms of Service.
We reserve the right to freely change, expand or further limit features and functions available under Free Plan or to delete Free Plan availability at any moment. We will give you advance warning for you to backup your data, if applicable.
Subject to clause 7.2 we reserve the right to freely change, expand or further limit features and functions available under Paid Plan. We will give you advance warning for you to backup your data, if applicable.
We reserve the right to introduce new features and functionalities that may be available only to Users under Paid Plans. We may also introduce test, „beta” or “promotional” “special” features and functionalities that will be available to all or selected Users during, pursuant to additional terms.
Billing & payments
Paid Plans are offered as subscription based contracts binding for a Billing Period, with automatic renewals at the beginning of subsequent Billing Periods, unless cancelled before the next renewal (in which case they will bind until the end of the current Billing Period).
Users of Paid Plans will be charged for in advance (upfront) at the beggining of each Billing Period, to their chosen Payment Method as indicated in their Account, in the amounts appropriate for the chosen Paid Plan and as indicated in Attachment 1 to these Terms of Service. All prices listed therein are net of VAT and other taxes. You are responsible for payment of VAT and other taxes and fees that may be applicable under appropriate laws.
Settling of debts by payment in currencies other than indicated in Attachment 1 to these Terms of Service is explicitly excluded. You bear full cost of payment, as charged by the provider of the chosen Payment Method, including the cost of currency conversion and transmission costs.
You will be charged on the specific billing date indicated in your Account, calculated as one month after the last payment (e.g. 1 February if the last payment was made on 1 January). Your specific billing date may change, for example due to fewer days in a month or if we are unable to charge your chosen Payment Method (e.g. for lack of sufficient funds or incorrect data).
To pay for a Paid Plan you must provide data required by the chosen Payment Method operator, such as a payment processor, a company operating your payment card or a bank. We will store your payment data to process payments for subsequent (future) Billing Periods, unless you cancel your Paid Plan or close your Account.
You explicitly authorize us to charge any Payment Method associated with your Account in case your primary Payment Method is declined or no longer available to us for payment of your Paid Plan.
We accept Payment Methods indicated on Apropo Website at a given time. We reserve the right to change or introduce new Payment Methods at any time, without the need to change these Terms of Service.
You may review your Payment Methods and all data provided therein at any time in your Account. You promise to keep your Payment Methods and all data provided therein up-to-date, valid and correct.
We will suspend your Paid Plan, if your Payment Method has not successfully settled in full amount due. We may block or delete your Account (regardless of the current Plan), if there are any uncollected amounts due from you.
You are entitled to downgrade to a new Paid Plan or cancel your Paid Plan at any time, effective from the next Billing Period. However, you remain responsible for full payment for the current Plan until effective cancellation or change.
You are entitled to upgrade to a new Paid Plan at any time, immediately after your payment for such Paid Plan is processed. You will be charged an increased fee, calculated proportionately to the chosen Paid Plan fee and and the remaining Billing Period.
To upgrade, downgrade or cancel your Paid Plan click on appropriate buttons in your Account.
Intellectual property
All content shown on or included in Apropo, including any text, graphics, logos, button icons, audiovisual materials, data compilations, software remains the sole property of the Service Provider or its third party suppliers and is protected under applicable Polish law and international laws. Nothing in these Terms of Service or in Apropo may be construed as explicit or implied grant of any license, consent or approval to any of the foregoing data or material.
You will not (and you will not encourage, assist or authorize any other person) to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with Apropo software or create any derivative works therefrom.
By using Apropo you grant us a free, worldwide, non-exclusive, irrevocable, limited for the term you use Apropo, sublicensable, right to store, reproduce, access, use, display and send over Internet any of the data and materials you share with Apropo, to the extent needed to provide our services to you. You also grant us a right to use your name, name of your company, logo or other data indicated to the extent necessary to perform our services (e.g. when you share a quoting proposal with your client via Apropo).
You agree that from time to time we may use your name, name of your company and logo in marketing materials, including on our Website and associated social media pages, for marketing purposes, in particular as part of our „portfolio” of clients, free of charge, worldwide, for unlimited periods. You are entitled to withdraw your consent at any time by sending us an email.
Data protection
When using Apropo You may create and share quoting proposals with Your customers. When doing so, You will have to entrust certain personal data of theirs to Us as indicated in Apropo’s website interface (in particular, their first/last name & email address, all such data jointly as “Personal Data”) to make use of Apropo’s sharing and activity recording features. You remain the data controller of Personal Data in the meaning of the GDPR and entrusts Us to process Personal Data pursuant to Article 28 of the GDPR.
We will process Personal Data on behalf of You / legal entity that Your represent only to share the quoting proposal and record Your customer’s activity when reviewing it.
We agree to:
- process Personal Data in compliance with Data Protection Laws;
- process Personal Data only for the purposes set forth in this Terms & Conditions, on documented instructions of Users, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by the European Union or Member State’s law to which the Service Provider is subject; in such a case, We will inform You of such legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
- ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statuatory obligation of confidentiality;
- take all measures required pursuant to Article 32 of the GDPR;
- taking into account the nature of the processing, assist Users by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Users’ obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR;
- assist Users in ensuring compliance with the obligations pursuant to Article 32 to 36 taking into account the nature of processing and the information available to the Service Provider;
- notify Users without undue delay after becoming aware of: (i) a personal data breach, (ii) each legally binding application, complaint and communication regarding Personal Data received from a supervisory authority or another law enforcement or regulatory authority;
- comply with all reasonable and legitimate requests of Users (and their auditors) regarding the information necessary to demonstrate compliance with the obligation laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by Users or another auditor mandated by Users;
- immediately inform Users if, in our opinion, Users’ instructions infringe upon Data Protection Laws;
- at Users choice, delete or return all the Personal Data after the User finishes using Apropo and delete existing copies unless the European Union’s or Member State’s law requires storage of Personal Data.
We may entrust processing conducted on behalf of Users to sub-processors. We will inform Users about any planned changes regarding the addition or replacement of such sub-processors. Users may object against such changes within 2 days from receipt of such notification. The sub-processor will provide services based on a separate (sub)processing agreement, provided that this agreement shall be complaint with Data Protection Laws and will include at the least the same level of protection of Personal Data as those on which Users entrusted Us with Personal Data.
Miscellaneous
If you have any questions or complaints, please send us an email at: contact@apropo.io. We will contact you if needed to gather more information and will try to resolve all issues as soon as possible, but not later than 30 days.
We reserve the right to implement any change to Apropo, including, but not limited to, its UI, security features, graphics etc., at any time. We will give advance notice of forthcoming changes. We may also change these Terms of Service at any time pursuant to the following conditions:
changes that do not limit your current rights or expand your obligations, new features and options, language changes, changes that implement court decision or mandatory changes in law may be introduced with immediate effect;
changes to terms or prices of Paid Plans will be introduced with appropriate warning and effective at the earliest at the next Billing Period, unless point (a) above applies;
changes to Free Plans, including additional restrictions, shorter periods, further limits to available functions, may be introduced with immediate effect.
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Poland. Appropriate Polish courts in Krakow (District Court Krakow-Srodmiescie in Krakow and Regional Court in Krakow) shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms of Service and the use of Apropo, including in relations to any claim, injunction proceeding or enforcement proceeding.
In case of any dispute, the Service Provider and a User will engage in negotiations and conciliatory talks to amicably resolve the dispute without a need for any formalized dispute resolution process. If that fails, they will consider in good faith referring the matter to a Polish- or English-speaking mediation prior to initiating any court dispute.
All communication (including, but not limited to: payment authorizations, compliants, invoices, notifications) between Service Provider and Users will be made in electronic form (emails). All communication sent to Service Provider will be valid only if sent to the following email address: contact@apropo.io. In particular, any email sent to the automatic email distribution address will not be considered as a valid and effective communication.
Attachments to Apropo terms of service
Attachment 1 – terms and conditions of Paid Plans: https://apropo.io/pricing