Terms of Service

Effective: January 1, 2015, Last Updated: 21.07.2026

This Terms of Service (the “ToS”), together with the documents expressly incorporated by reference in the Section “Definitions and Structure of the Agreement” below, constitutes a binding “Agreement” established by and between a Customer and/or User (hereinafter referred to also as “You”), and Woodpecker.co S.A. (hereinafter referred to as “Company”, “Woodpecker”, “We”), with its registered office in Poland – Wroclaw, at Krakowska 29D street, zip code: 50-424, entered into the National Court Register by District Court for Wrocław – Fabryczna, VI Commercial Department, under the number: KRS 0000896179, having tax identification number (NIP): PL 8992769178.

By accepting this Agreement, either by accessing or using Woodpecker’s Service, authorizing or permitting any of Your co-workers, employees, partners to access or use Woodpecker’s Service, You agree to be bound by the Agreement.

By accepting the Agreement You warrant that You are at least eighteen (18) years old, your use of this Service is for commercial/business purposes only and you may lawfully enter into contracts and form binding legal obligations.

If You are entering into this Agreement on behalf of a company, organization or another legal entity, You represent and warrant that You have the legal authority to bind this company, organization or another legal entity and its affiliates by the Agreement and that You are lawfully entitled to enter into contracts. In this case, the terms “Customer”, “User” (where applicable), “You”, “Your” shall refer to such company, organization or another legal entity and its affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and shall not use any of Woodpecker’s Services.

DEFINITIONS AND STRUCTURE OF THE AGREEMENT

Documents forming the Agreement. The Agreement consists of this ToS together with the following documents, which are incorporated by reference and are binding on the parties to the extent applicable: the Acceptable Use Policy, the Sending Policy, and – where the Company processes Personal Data on Your behalf – the Data Processing Addendum (“DPA”). The Privacy Policy and the GDPR Compliance Statement are informational documents describing how We process Personal Data; they are referenced for transparency and do not form part of the contractual terms except where mandatory law provides otherwise.

Order of precedence. In the event of a conflict, the following order applies: (i) an individually negotiated written agreement or order form; (ii) the DPA (for data protection matters); (iii) this ToS; (iv) other incorporated documents.

Definitions. All capitalized terms used herein will have the meanings set forth below:

“Account” means the access to the Service enabled with personalized login and password.

“Agency” means a Customer who activates an additionally payable module in the Service that allows for creating and connecting sub-accounts under the Agency’s Account as well as enabling the Agency’s clients to use the Service as Customers and/or Users through the Agency’s Account.

“Agency Account” means the Agency’s account in the Service that enables the management of sub-accounts within the Agency’s Account.

“Agreement” means this ToS together with the documents incorporated by reference under the Section “Definitions and Structure of the Agreement”. The Agreement may be extended to cover a Non-Disclosure Agreement or Data Processing Addendum upon individual establishment of both Parties.

“Customer” means any person or entity who uses Woodpecker’s Service, has access to an active Service Account regardless of its version (Trial or Premium) and has the admin’s permissions within the Account.

“GDPR” means 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.

“Personal Data” means personal data within the meaning of the GDPR.

“Phishing” means the fraudulent practice of sending messages purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers.

“Pricing” means the payment rules and price at which Service shall be provided to the Customer as defined in https://woodpecker.co/pricing/ or agreed with the Customer separately.

“Prospect” means the person to whom the campaign is being sent by the Customer and/or User with the Woodpecker’s Service usage.

“Service” means services developed, supplied and maintained by the Company to the Customer and/or User under the Agreement available at https://app.woodpecker.co or https://app.usewoodpecker.com and provided in a form of a web application accessible online.

“Spoofing” means a fraudulent or malicious practice in which communication is sent from an unknown source disguised as a source known to the receiver.

“SPAM” means irrelevant and/or unsolicited bulk messages sent over the Internet communication channels, typically to a large number of contacts with no prior consent obtained from the addressees. SPAM is usually sent for the purposes of advertising, phishing, spreading malware content.

“Sub-account” means an account connected to Woodpecker under the Agency Account.

“Sub-processor” means any person or entity appointed by or on behalf of the processor to conduct actions on Personal Data processing.

“Subscription” means a model of payment offered by Woodpecker that implies that Customer and/or User can access the Service on a recurring basis upon recurring payment triggered automatically unless the Customer cancels the Subscription. Woodpecker Subscription may be either Premium – delivered upon payment and in line with the Pricing (“Premium Subscription”) or Trial – delivered temporarily upon free trial registration via https://woodpecker.co/signup/ (“Trial Subscription”).

“User” means any person who uses Woodpecker’s Services with the access granted by the Customer.

“Website” means the https://woodpecker.co and any subpages related to the main domain. Term Website shall also refer to the Company’s Blog accessible at https://blog.woodpecker.co (“Blog”) and Woodpecker Academy available via https://woodpecker.co/academy/ (“Academy”).

GENERAL STATEMENTS

1. Intellectual Property. Except for rights expressly granted under this Agreement, nothing in this Agreement will function to transfer any of Woodpecker’s Intellectual Property rights to the Customer and/or User, and Woodpecker will retain exclusive interest in and ownership of its Intellectual Property.

2. The Customer and/or User is obliged to respect the Company’s Intellectual Property rights whether using the Service, or the Website. You may only use Our brand assets with Our consent.

3. Access to content. We may view the content You enter into the Service only where necessary to provide the Service, to solve a technical or functional issue, where We reasonably suspect that You may violate the Agreement, or where required by law. Where We act as a processor of Personal Data on Your behalf, such access is carried out in accordance with the DPA and Your documented instructions. We reserve the right to review campaigns sent via the Service for the purpose of ensuring compliance with the Acceptable Use Policy and applicable law.

4. Customer and User represent and warrant that they either own or have the right to use all of the content they include, upload, or send via the Service. Woodpecker shall not be responsible for any of the data, text, numerical data, graphic materials, links, and other types of content uploaded, stored by Customers and/or Users within their Accounts or sent to their Prospects. The Customer and/or User retains ownership of all materials uploaded to the Service. Such materials can be disclosed by the Company only as described in this ToS and Privacy Policy.

POLICY OF MUTUAL RESPECT

1. This Agreement prohibits the use of offensive or/and obscene speech and acts that constitute discrimination both in the content created or in any other form used via Service as well as towards any employee, agent, representative or any other person related to Woodpecker.

2. The protected grounds are: age; ancestry, colour, race; citizenship; ethnic origin; place of origin; creed; disability; family status; marital status (including single status); gender identity, gender expression; receipt of public assistance (in housing only); sex (including pregnancy and breastfeeding); sexual orientation.

3. Any speech regardless of written or spoken directed towards Woodpecker employees, representatives or affiliates (including but not limited to any jokes, comments) on the issues mentioned in point 2 shall not be accepted. The parties to this Agreement undertake to respect human rights and the principles of social coexistence.

4. The breach of the Agreement within the scope of point 1 justifies the immediate cessation of the provision of maintenance services and may result in the termination of the Agreement with immediate effect. In such a situation, the Customer is not entitled to any reimbursement of costs resulting from the breach of the Agreement concluded with Woodpecker based on the above-mentioned provisions.

ACCEPTABLE USE POLICY

1. This Acceptable Use Policy applies to Woodpecker Services, Woodpecker Chrome plug-in extension, and any URLs related to the main domains, all subdomains, Blog, and Academy.

2. To ensure proper functioning and maintenance of the Service, the Customer and/or User shall not misuse the Service and as a consequence, the Customer and/or User is obliged not to:

a. intentionally or unintentionally hinder the functioning of the Service, for example, by reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any of its portion) or related systems, networks or data, cause adverse impact on the Woodpecker’s domain or IP reputation or affect in any adverse manner the relationship of Woodpecker with its third-party providers;

b. exceed the API request limit causing downtime to the Service or hindering its partial operational ability;

c. misrepresent or hide the data origin, content, or other information submitted to the Service, among others by Spoofing, Phishing, manipulating headers or other identifiers, impersonating anyone else, or access the Services via another User’s Account without their permission.

3. The Customer and/or User shall not send via the Service or share in any other manner content which may be deemed to be malicious, illegal or inappropriate, including but not limited to:

a. content deemed to be SPAM, Spoofing, Phishing;

b. content related to pornography, sexual content, content displaying images or texts objectively recognized as offensive or cruel;

c. content related to racism, xenophobia, discrimination, hate speech, incitement to violence;

d. content related to or inciting fraudulent behaviors.

4. The Customer and/or User is obliged to comply with this ToS and subsequent documents constituting the Agreement. Woodpecker reserves the right to permanently delete or temporarily suspend the Account of a person who violates the Agreement, violates legal requirements and obligations or company security or is otherwise subject to sanctions or other business restrictions, and shall have no responsibility for any costs arising out of such deletion or suspension. Where reasonably practicable and not prohibited by law or security considerations, We will provide prior notice. Furthermore, Woodpecker reserves the right not to renew the Subscription of the Customer that fulfills the conditions listed above.

5. The Customer and/or User is responsible for the accuracy, legality, and adequacy of data entered into the Service by the Customer and/or User, data entered into the Service by Prospects, as well as for every content shared through the Service.

6. Customers and/or Users can upload documents, Prospects’ information, and other content to the Service and use it to communicate with Prospects via messages and actions automated by the Service. Customers and/or Users retain all rights to all the data and content uploaded into the Service and are fully responsible for it.

7. Woodpecker shall have no responsibility for how Customers and/or Users process data (including Personal Data) inserted and gained through the Service. Upon using the Service, Customers and/or Users should obey the law of their country, as well as the law of the countries they send their campaigns to.

8. As a condition of using the Service the User shall:

a. as required by applicable law, provide notice to its Prospects and obtain consent if required to outreach to the persons;

b. be responsible for its employees, representatives, and affiliates that have access to the Services;

c. comply with any limitations or restrictions set forth in this Agreement;

d. use the Services only in compliance with applicable law both national and international including court orders (if applicable).

9. The Customer and/or User is responsible for secure storage of passwords and logins leading to the Accounts related to the Service. Woodpecker shall have no responsibility arising out of reckless or negligent credentials storage by the Customer and/or User.

10. Third-party integrations and providers. Certain features rely on integrations with third-party providers. Using these features is voluntary; acknowledging and accepting the applicable third-party policies is a mandatory condition of using them. As these providers are external to Woodpecker, Woodpecker is not responsible for their services, and use of such features does not release the Customer or User from their obligations under this Agreement or applicable law. The current features and providers include:

a. Warm-up: Mailivery and/or Warmy. The warm-up add-on is enabled by default upon activation of the relevant Service features and may be disabled by the Customer and/or User at any time through the Service settings. The integration supports email deliverability; Woodpecker does not guarantee specific deliverability outcomes.

b. Lead Finder: DiscoLike, Prospeo, People Data Labs, Findymail, Datagma, Icypeas and Drop Contact, which contain Prospects data.

c. Domains and mailboxes: Maildoso, Infraforge and/or Zapmail, which deliver domains and email accounts.

d. AI Agent: OpenAI, which provides the large language model (ChatGPT) underlying the AI Agent functionality. Woodpecker does not guarantee specific outcomes generated by the AI Agent.

11. The list of providers and integrations may change over time. We will make the current list available (including via the Processors’ List where the provider acts as a Sub-processor) and will provide notice of material changes in accordance with the Section “Changes to the Agreement”.

SERVICE FUNCTIONALITY DESCRIPTION

1. Woodpecker allows Customers and/or Users to send “Opening Messages” which are the messages starting a conversation with a Prospect, as well as “Follow-ups” which are reminder messages sent to Prospects in case they did not reply to the Opening Messages. The only internal Woodpecker limit concerning the number of messages sent a day is related to a minimum sending interval. However, the Customer and/or User should check the limits set by their email account provider or any other channel-provider used within the Service and make sure they will not exceed that daily limit of sent messages or violate the regulations of the used channel-provider by its use of our Service. The number of messages sent per day may affect the domain’s reputation and cause a potential loss in this regard. Woodpecker shall have no responsibility for such actions as the choice concerning sent content and sending speed is fully in the discretionary power of the Customer and/or User.

2. After setting up the Account, for the period defined by the Company, the Customer and/or User has the right to a Trial period which involves free access to all currently available Woodpecker features and functions. As the Customer and/or User opts in for a “Premium Subscription”, the Service is then chargeable in terms determined in the Pricing.

3. Woodpecker also provides an Experts Program accessible through https://woodpecker.co/experts/ where a User or website visitor can contact the Experts in order to establish cooperation (“Expert Program”). Woodpecker is not responsible for the actions of any individual or legal entity that can be contacted through the above-mentioned subpage. By using the contact form available on the Experts subpage, you consent to the transfer of your data, including personal data, to the selected Expert. The use of the form is voluntary.

USE OF AI TOOLS

1. Woodpecker may use AI tools to operate, maintain and improve the Service. Personal Data of Prospects that Woodpecker processes as a processor is not used to train or improve AI models, except in anonymized or aggregated form that does not permit the identification of any individual.

2. Any such processing is carried out in accordance with the Data Processing Addendum and applicable data protection law, and does not release the Customer or User from their own obligations under this Agreement.

3. The AI Interest Level feature in Woodpecker is powered by the Qwen-3 30B-a3b language model, made available under the Apache License 2.0. The model is provided “AS IS,” without warranties or conditions of any kind. By using this feature, you acknowledge that it relies on this open-source component.

GDPR COMPLIANCE

1. Woodpecker stays compliant with GDPR and expects Customers and/or Users of the Service to respect the principles of the GDPR while processing the Personal Data of individuals. More details about how Woodpecker complies with GDPR and what actions You should take as the Customer and/or User to be compliant with it are in Our GDPR Compliance Statement and the DPA.

2. All content sent from Customers and/or Users via Woodpecker’s Service must be sent within the scope of B2B relations and must not be sent to Prospects who expressed their wish to be excluded from further correspondence.

3. Roles. Woodpecker processes the following types of data as a data controller: Customers’, Users’ and Agencies’ (if applicable) Personal Data, i.e. name, last name, email address, contact details, basic billing information on invoices and settlements. Woodpecker processes as a data processor: Prospects’ Personal Data and any other Personal Data inserted into or uploaded to the Service, whether inserted by the Customer, User or Prospect. The Customer is the controller of such data and is obliged to process (including obtaining) it in accordance with applicable law and the GDPR.

4. Access to Customer and/or User data (including Personal Data). Customer and/or User has the right to access their Personal Data, receive a copy of it, rectify, delete Personal Data, limit Personal Data processing, object to Personal Data processing and transfer, lodge a complaint with the supervisory body and the right to withdraw consent (if given). A detailed description of how to change Your data or ask for its removal can be found in Our Privacy Policy.

5. Woodpecker will not access or modify any piece of data (including Personal Data) or content unless it is necessary to provide the Service, prevent or resolve technical problems with the Service operation or at the Customer’s and/or User’s request with regard to support matters. Woodpecker will not disclose any part of its Customers’ and/or Users’ data or content, except as described in the Privacy Policy and this ToS.

6. We reserve the right to contact You within 6 months after the end of Your Premium or Trial Subscription to present you our Service updates and new benefits. You are entitled to opt out from such communication by contacting Us via [email protected].

PAYMENTS

1. Customers will be charged for the Premium Subscription in accordance with the Pricing available on the Website or as specified in any custom agreement between the Company and the Customer. Any billing based on an agreement shall explicitly indicate if it involves a change in the pricing model, and all payment arrangements should be construed in alignment with this ToS.

2. The Customer is responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

3. As Woodpecker’s Premium Subscription Customer You agree to pay Woodpecker the amount that is specified in the Pricing, and You authorize Woodpecker to bill Your payment instrument in advance on a periodic basis in accordance with this ToS and the Pricing.

4. You can also use Woodpecker’s prepaid Vouchers – the form of payment that allows You to prepay for the Service you will use.

5. If You dispute any charges, You must let Woodpecker know within sixty (60) days from the date that Woodpecker invoices You.

6. As Woodpecker collects payments it may have limited access to the Customer’s billing information. All payments are processed by the external third-party service provider, who ensures high-security standards. All payments must be made through non-cash transactions, facilitated electronically. The Customer acknowledges and consents to Woodpecker’s practice of exclusively sending invoices and payment reminders through electronic means. Electronic receipts for all payments will be managed and securely stored in the Customer’s Account.

7. If payment is not received by Woodpecker within the due date specified on the invoice or agreed otherwise between parties, and without prejudice to any other rights and remedies available to Woodpecker under this Agreement or by law, We may, without incurring liability to the Customer: (i) suspend access to all or part of the Services, including disabling the Customer’s password and limiting access to the Service, during which period We shall have no obligation to provide any or all of the Services; and (ii) impose interest charges from the day on which the payments are due, at a rate not exceeding the maximum legal rate allowable under applicable law.

8. The Customer is responsible for covering all taxes associated with their purchases under this agreement. All fees owed by the Customer must be paid without any entitlement to counterclaims or set-offs, and without any deductions or withholdings, except as required by applicable law. Where applicable law mandates a deduction or withholding, the Customer is responsible for ensuring that Woodpecker receives an amount equal to what it would have received without such deduction or withholding. All fees for the Services, as per the current price plan, unless otherwise agreed, will be adjusted to account for any applicable taxes.

9. Change of prices. We reserve the right to change Our prices and/or pricing models including the metric that You are charged for during the term of this Agreement. If We do change prices and/or pricing models We will provide notice of the change – at Our discretion – on Our Website or via email in accordance with the Section “Changes to the Agreement”. Your continued use of the Service after the price change becomes effective constitutes Your consent to the amended amount.

REFUND POLICY

1. Our Premium Subscription renews automatically at the end of each billing cycle, whether on a monthly, annual or custom-based basis. To cancel your subscription, please visit the Billing section within our app.

2. If you fail to cancel within three days after a payment has been processed, you may request a refund, provided that your account has not been used (i.e., no prospects have been processed, and no messages have been sent). Refunds will only be issued for the most recent payment.

3. Refund Eligibility and Limitation. Refunds will not be granted for reasons related to personal preferences or dissatisfaction with our product. Additionally, we cannot assume responsibility for any channel provider (including email providers) restrictions, such as account or domain bans, or for technical issues arising from third-party applications. Such circumstances do not qualify for refunds.

4. Upgrades and Downgrades. When upgrading to a higher tier plan, you will be charged the full price difference between the plans and will immediately gain access to the upgraded limits. When downgrading your plan, your current limits will remain active until the end of the billing cycle, and no refunds will be issued for the difference in plan tiers.

5. Add-ons & Third-Party Services. Add-ons are billed on a pro-rated basis. Any Subscription downgrades will result in credits, which can only be applied toward future payments; these credits are non-refundable. Payments for add-ons provided by our partners (e.g., Domains & Email Accounts, Lead Finder) are strictly non-refundable.

6. Non-Refundable Plans. The Pause Plan and Annual Plan are non-refundable.

7. Dispute Resolution. If a dispute is filed regarding a payment, we are unable to process any refund requests while the dispute remains open.

8. Billing Errors. In cases where a billing discrepancy occurs due to reasons other than user error, a full and prompt refund will be issued.

TERM AND TERMINATION

1. Premium Subscription is valid for an unspecified period of time. Each party may terminate the Agreement without giving any reason. Upon the termination, the Customer and/or User will be able to access their Account for the period that has been covered by the last payment.

2. The Agreement between the Customer and Woodpecker may be terminated upon a written request delivered via email to [email protected].

3. The Customer may manage Trial Subscription or Premium Subscription directly from the Service delivered by the Company.

4. Once You cancel the Account in the Service We may permanently delete Your Account and all the data associated with it, including Your emails from the Service.

5. If a legal provision obliges us to do so We may process Personal Data despite the cancellation request.

6. If You do not log in to Your Account for at least 6 months We may treat Your Account as inactive and permanently delete the Account and all data associated with it. Accounts and Sub-accounts with no active sending for more than 6 months may be scheduled for deletion; Sub-accounts with no active sending for more than 5 months may be switched into inactive mode.

7. We reserve the right to limit the storage time of email messages stored in the system to a period of 6 months from the receipt of the email message. All received e-mails will still be available on the Customer’s and/or User’s servers, so that after deletion of emails from the Woodpecker system the Customer and/or User will retain access to their emails via their own servers.

LIABILITY

1. Woodpecker does not guarantee compatibility of offered Services with the software of other providers. Customer and/or User shall bear full responsibility for the choice and consequences following the use of other software in combination with the Service.

2. To the fullest extent permitted by law, these Terms of Service are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded.

3. To the fullest extent permitted by law, in no event shall Woodpecker, its directors, members, employees or agents be liable to You for any special, indirect, incidental, consequential, exemplary or punitive loss or damages, including but not limited to loss of use, loss of profits, goodwill or loss of data, whether in an action in contract, tort (including negligence) or otherwise, in any way connected with: (a) Your use or inability to use the Website or Service; (b) any errors or omissions in the Website’s or Service’s operation; (c) any action taken in connection with the Service; or (d) any damage to any Customer’s and/or User’s computer, mobile device, or other equipment or technology, including from any security breach or from any virus, tampering, error, interruption, defect, delay in operation or transmission, or network failure, even if foreseeable and even if the parties have been advised of the possibility of such damages.

4. Cap. Subject to point 5 below, in no event shall Woodpecker’s aggregate liability to the Customer and/or User arising out of or related to the Agreement and/or any applicable Order Form exceed the amount paid by the Customer to Woodpecker for the Services during the maximum 12 (twelve) months prior to the liability event. The existence of one or more causes of action under this Agreement shall not increase Woodpecker’s liability. The foregoing limitation will not limit the Customer’s payment obligations under the Agreement.

5. Mandatory exceptions. Nothing in this Agreement excludes or limits Woodpecker’s liability for damage caused intentionally (wina umyślna), for death or personal injury caused by Our negligence, or for any other liability that cannot lawfully be excluded or limited under applicable mandatory law.

CHANGES TO THE AGREEMENT

1. Woodpecker may amend this Agreement. Where an amendment materially and adversely affects the Customer’s rights or obligations, We will provide notice at least seven (7) days before it takes effect, by email and/or within the Service. Other changes (including minor, clarifying, administrative, or legally required changes) take effect upon posting.

2. Your continued use of the Service after the changes take effect constitutes acceptance of the amended Agreement. If You do not accept the changes, You may terminate the Agreement before the effective date; termination is Your exclusive remedy in that case.

3. Changes required by law, or necessary for security or the correction of manifest errors, may take effect immediately where permitted by law.

GENERAL PROVISIONS

1. Assignment. The Customer may not assign or transfer this Agreement, in whole or in part, without Woodpecker’s prior written consent. Woodpecker may assign or transfer this Agreement, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, sale of an organized part of the enterprise, or sale of all or substantially all of its assets, without the Customer’s consent; We will notify the Customer of any such assignment.

2. Force Majeure. Neither party shall be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, epidemic or pandemic, strikes, failures of third-party providers, telecommunications or internet failures, cyber-attacks, or changes in law. The affected party will notify the other without undue delay and use reasonable efforts to mitigate. If the event continues for more than thirty (30) days, either party may terminate the affected part of the Agreement.

3. Business use; consumer protection. The Customer represents that it enters into this Agreement for purposes directly related to its business or professional activity and that the Agreement is of a professional character for the Customer. Where, notwithstanding the above, mandatory consumer-protection provisions apply to the Customer, those provisions shall prevail over any conflicting terms of this Agreement to the extent of the conflict.

4. Severability. If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

5. Entire Agreement. This Agreement, together with the documents incorporated by reference, constitutes the entire agreement between the parties regarding the Service and supersedes all prior understandings on the subject.

6. Compliance with Google API Services Policy. Our use and transfer to any other provider of information received from Google Accounts will adhere to the Google API Services User Data Policy, including the Limited Use requirements. Woodpecker shall not provide warming-up services for Google accounts.

CHOICE OF LAW

1. Parties agree that any disputes arising out of or in connection with this Agreement and the Service shall be resolved amicably.

2. Failing amicable resolution, any disputes shall be subject to the exclusive jurisdiction of the court having jurisdiction over the registered office of the Company. Where the Customer is a consumer to whom mandatory provisions apply, the mandatory jurisdiction and law of the Customer’s place of residence prevail to that extent.

3. This Agreement shall be governed by, and construed in accordance with, the laws of Poland.

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