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Terms of Service

TERMS AND CONDITIONS

  • By accessing or using the Services, the User agrees to be bound by these Terms of Service.

1. DEFINITIONS

  • For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
  • 1.1. Account means an electronic account assigned to a specific User within the System, enabling access to the Services.
  • 1.2. Billing Period means the recurring billing period applicable to the selected Plan, Offer, or other commercial arrangement, including a monthly or yearly billing period, or any other period expressly communicated by Travatar or agreed between Travatar and the User.
  • 1.3. Contract means the agreement concluded between Travatar and the User for the provision of Services through the System under these ToS. The Contract is concluded when the User creates an Account, accepts an Offer, or otherwise begins using the Services after accepting these ToS.
  • 1.4. Conversation Data means Prompts, messages, chat history, uploaded content, contextual data, feedback, memory items, conversation settings, and related metadata associated with the User's interactions with conversational, assistant-based, Copilot, or AI-enabled features of the System.
  • 1.5. DPA means the data processing agreement concluded between Travatar and the User in connection with the provision of the Services, attached as Annex 1 to these ToS.
  • 1.6. Fee means the fee payable by the User for access to and use of the Services during a given Billing Period under the selected Plan, Offer, or other commercial arrangement.
  • 1.7. Offer means an individual, custom, promotional, or other commercial offer made available by Travatar to the User through the System, by email, via a dedicated link, or through another communication channel designated by Travatar, setting out selected commercial terms, including the scope of Services, Plan type, Billing Period, trial period, discounts, promotional conditions, pricing, or other specific terms.
  • 1.8. Output means any response, suggestion, recommendation, summary, classification, action proposal, generated content, or other content generated by the System or by AI-enabled functionalities in response to User input, Conversation Data, system context, or connected data sources.
  • 1.9. Plan means a pricing plan, subscription package, display package, usage package, trial plan, fee-free plan, promotional plan, individual plan, custom offer, or any other commercial model under which Services are made available. A Plan may include limits based on Displays, events, credits, monitored resources, workspaces, or other usage units. Travatar may offer monthly plans, yearly plans, trial periods, fee-free access periods, promotional access, discounts, and individually negotiated or custom commercial terms.
  • 1.10. Privacy Policy means the document governing privacy, personal data processing, and related matters, as made available by Travatar from time to time.
  • 1.11. Prompt means any instruction, query, request, message, command, input, or other content submitted by the User to a conversational, assistant-based, AI, automation, or Copilot feature of the System.
  • 1.12. Service or Services means any service, functionality, feature, module, integration, analytical output, automation, report, monitoring capability, conversational capability, interface, or other capability made available by Travatar to the User through the System under the selected Plan, accepted Offer, and these ToS.
  • 1.13. Site or Website means a website, application, domain, subdomain, subpage, or other digital property to which the User has lawful rights, authority, or access granted by an authorized person.
  • 1.14. System means:
    (a) the website, platform, and related interfaces made available by Travatar, including at https://travatar.ai/ and any related domain or interface designated by Travatar; and
    (b) the software, infrastructure, analytical layers, APIs, connectors, integrations, dashboards, models, technical components, back-end systems, databases, and user-facing interfaces used by Travatar to provide the Services.
  • 1.15. ToS means these Terms and Conditions.
  • 1.16. Travatar means Travatar spółka z ograniczoną odpowiedzialnością, with its registered office in Puławy, Poland, entered into the National Court Register under KRS number 0000833569, REGON 385769630, NIP 7162828885.
  • 1.17. User means a natural person conducting business activity, a legal person, or an organizational unit without legal personality but with legal capacity, using or intending to use the Services for business purposes.
  • 1.18. User Panel means the part of the System made available to the User for account management, service configuration, integration setup, monitoring, analytics, billing, access to Offers, chat history where available, and access to functionalities made available under the selected Plan or accepted Offer.
  • 1.19. Visitor or Visitors means natural persons, software clients, bots, crawlers, agents, automated systems, or other entities accessing or interacting with the Website.
  • 1.20. Display means a single viewing of the Website by a Visitor, including each individual opening of a subpage within the Website domain, unless otherwise stated in the applicable Plan, Offer, or commercial terms.

2. PRELIMINARY PROVISIONS

  • 2.1. These ToS set out the rules for access to and use of the Services provided by Travatar through the System.
  • 2.2. Headings are for convenience only and do not affect interpretation.
  • 2.3. The Services are intended exclusively for business users. Travatar does not provide Services to consumers.
  • 2.4. The User may use the Services only after accepting these ToS. Continued use of the Services after acceptance of the ToS constitutes confirmation of acceptance of the then-current ToS.
  • 2.5. These ToS are made available free of charge before conclusion of the Contract in a manner enabling the User to store and reproduce them.
  • 2.6. Travatar may amend these ToS in accordance with Section 16 below.
  • 2.7. Except as expressly stated otherwise in these ToS or in a separate written agreement, the Services are provided on an as available and as is basis.
  • 2.8. These ToS, together with any accepted Offer, order form, or separate written agreement expressly concluded with Travatar, constitute the exclusive terms governing the Contract. Any general terms and conditions or other standard terms of the User shall not apply unless expressly accepted by Travatar in writing.

3. ELIGIBILITY AND USER STATUS

  • 3.1. Users may be:
    (a) natural persons with full legal capacity conducting business activity;
    (b) legal persons; or
    (c) organizational units without legal personality but with legal capacity.
  • 3.2. By using the Services, the User represents and warrants that:
    (a) it is authorized to conclude the Contract;
    (b) it is using the Services for business purposes only;
    (c) it has all rights, consents, permissions, legal bases, notices, and authorizations required under applicable law to use the Services and to provide Travatar with data in connection with the Services.

4. ACCOUNT AND CONTRACT FORMATION

  • 4.1. In order to use the Services, the User must create an Account, unless Travatar provides access through another onboarding or contracting method.
  • 4.2. Registration may take place through a registration form, a dedicated invitation link, or supported authentication and integration methods made available by Travatar.
  • 4.3. The Contract is concluded for an indefinite period upon creation of the Account, unless a separate agreement, accepted Offer, or applicable Plan provides otherwise.
  • 4.4. Travatar may verify the Account by sending a verification message or requiring other verification steps. Until verification is completed, Travatar may limit access to certain functionalities.
  • 4.5. The User is responsible for all activity carried out through the Account, except to the extent caused solely by Travatar's gross negligence or willful misconduct.
  • 4.6. The User must keep login credentials confidential and must immediately notify Travatar if it becomes aware of any unauthorized access to the Account.
  • 4.7. The Account is non-transferable unless Travatar expressly agrees otherwise in writing.
  • 4.8. Travatar may send service-related communications concerning operation of the Services, changes, updates, security matters, billing, usage, Offers, and other matters related to the Contract. Marketing communications will be sent only in accordance with applicable law and the User's choices.
  • 4.9. Where supported by the System, the User may authorize additional users to access the Account or selected parts of the Services and may assign them different roles, access levels, or permissions made available by Travatar from time to time. Where administrative permissions are available, a user with such permissions may manage access, roles, and permissions for other authorized users within the Account. The scope of such roles, access levels, and permissions may depend on the selected Plan, accepted Offer, technical configuration, or current functionality of the System. The User remains responsible for managing such access and for the actions of persons authorized to use the Account on the User's behalf.

5. GENERAL CONDITIONS OF USE

  • 5.1. Use of the Services requires:
    (a) internet access;
    (b) a current web browser and any other technical requirements communicated by Travatar;
    (c) an active Account;
    (d) any additional setup steps required for the selected Service or functionality.
  • 5.2. Certain Services or functionalities may require implementation of code, a script, a tag, a connector, a pixel, an API connection, authentication, permission grants, or integration with third-party systems used by the User.
  • 5.3. Information regarding required setup steps may be made available in the User Panel, onboarding materials, technical documentation, support communications, or otherwise by Travatar.
  • 5.4. The User is solely responsible for ensuring that the Website, integrations, permissions, and configuration on the User's side are properly set up and maintained.
  • 5.5. Travatar may use commercially reasonable efforts to make the System available on a continuous basis, subject to maintenance, updates, security measures, technical interruptions, third-party dependencies, and circumstances beyond Travatar's reasonable control.
  • 5.6. Travatar may perform maintenance, upgrades, repairs, updates, or security operations that may temporarily affect the availability or performance of the Services.
  • 5.7. Historical data retention periods, customer data retention periods, and the availability of access to stored data may vary depending on the selected Plan, accepted Offer, functionality, category and source of data, technical limitations, infrastructure costs, security requirements, backup rotation, legal obligations, legal hold requirements, current product configuration, retention settings, applicable documentation, and product or operational decisions made by Travatar from time to time. Travatar may delete, archive, aggregate, anonymize, pseudonymize, summarize, reset, restrict access to, or otherwise manage historical data, customer data, Conversation Data, prompt-related data, traffic data, analytics data, agent activity data, logs, insights, and other stored or derived data in accordance with the foregoing. Unless expressly stated otherwise in the applicable Plan, accepted Offer, or separate written agreement, Travatar does not guarantee the retention, recoverability, or continued availability of any data for any minimum period of time.
  • 5.7A. Unless expressly stated otherwise in the applicable Plan, accepted Offer, separate written agreement, or retention settings made available by Travatar, Travatar does not intend to delete Customer Data relating to active Services earlier than 90 days after such data becomes subject to deletion under the applicable service lifecycle. For certain Services, Plans, or categories of data, Travatar may apply longer retention periods, including periods of 12 months or longer, where justified by the nature of the data, the selected Plan, operational needs, backup rotation, infrastructure costs, security requirements, legal obligations, or current product configuration. Earlier deletion may occur where required by applicable law or where reasonably necessary for legal compliance, security, technical, abuse-prevention, fraud-prevention, or data integrity reasons. Travatar does not guarantee identical retention periods for all data categories.
  • 5.7B. Where the User terminates the Contract, deletes the Account, fails to renew the applicable Service, remains in payment default, requests erasure of data, or otherwise ceases to use the relevant Service, Customer Data may become subject to deletion, return, archiving, restriction of access, anonymisation, aggregation, or other standard offboarding, retention, or deletion processes applied by Travatar. Unless expressly stated otherwise in the applicable Plan, accepted Offer, separate written agreement, or applicable law, such deletion, return, or other handling does not need to occur immediately and may take place within a reasonable period required for identity verification, export handling where applicable, backup rotation, security, legal retention, technical deletion cycles, abuse-prevention, fraud-prevention, claims handling, unresolved payment-related matters, or other legitimate operational purposes. Where applicable law, including data protection law, requires erasure, Travatar will process the relevant request without undue delay, subject to any lawful exceptions, legal retention obligations, or overriding legitimate grounds permitted by law.

6. TRAVATAR SERVICES

  • 6.1. Travatar provides the System as a software platform intended to support, depending on the selected Plan, accepted Offer, technical configuration, and current stage of development of the System, functionalities relating in particular to:
    (a) AI Visibility, GEO, and related visibility, citation, source, prompt, and competitor analysis;
    (b) website traffic analysis, traffic intelligence, analytics, and classification of human, bot, crawler, AI-agent, suspicious, or other traffic categories;
    (c) ad fraud prevention, anomaly detection, and website security-related functionalities;
    (d) conversational, Copilot, recommendation, automation, and agentic functionalities;
    (e) dashboards, reporting, exports, APIs, integrations, connectors, and protocol-based interoperability layers, including where supported MCP-based or similar mechanisms;
    (f) onboarding, enablement, support, customer success, and other related professional or account-support services.
  • 6.2. The scope, availability, structure, methodology, and functionality of the Services may vary depending on the selected Plan, accepted Offer, technical configuration, connected integrations, supported environments, third-party dependencies, product development decisions, and the current stage of development of the System. Certain Services or functionalities may be introduced, modified, limited, suspended, offered on a beta or experimental basis, or discontinued from time to time.
  • 6.3. Some Services rely on automated analysis, probabilistic models, heuristics, classifications, external data sources, AI systems, third-party providers, integrations, APIs, crawlers, agents, or other technical mechanisms. Accordingly, outputs, reports, classifications, recommendations, alerts, measurements, summaries, comparisons, scores, and other materials generated by the System are informational and supportive in nature and may be incomplete, delayed, estimated, inferred, unavailable, inaccurate, or not suitable for a specific purpose.
  • 6.3A. Certain Services or functionalities may use artificial intelligence, machine learning, automated classifiers, probabilistic models, heuristics, recommendation systems, conversational systems, agent-based workflows, or other automated methods to generate Outputs, suggestions, classifications, analyses, alerts, summaries, recommendations, or other materials. Such functionalities may be used in particular in connection with AI Visibility, GEO analysis, prompt generation, brand and competitor analysis, conversational or Copilot features, traffic analysis, bot and fraud detection, suspicious activity analysis, and related security or operational workflows. Where the context of use does not already make this reasonably clear, Travatar may indicate that the relevant functionality or output involves AI-enabled or automated processing. Unless expressly stated otherwise, such Outputs and related materials are supportive and informational in nature, may involve estimation, inference, classification, scoring, or probabilistic assessment, and should not be treated as error-free, exhaustive, or as a substitute for independent human assessment where verification, judgment, or contextual review is reasonably required.
  • 6.4. Unless expressly stated otherwise in a separate written agreement or accepted Offer, Travatar does not guarantee:
    (a) uninterrupted availability of any specific Service or functionality;
    (b) compatibility with all websites, environments, third-party systems, AI systems, crawlers, agents, integrations, APIs, protocols, or external platforms;
    (c) detection of all bots, threats, fraud, malicious activity, anomalies, suspicious behavior, or AI-driven interactions;
    (d) completeness, accuracy, timeliness, comparability, or continued availability of any third-party data or external integrations;
    (e) any specific business, commercial, technical, operational, security, ranking, visibility, traffic, campaign, or revenue-related outcome;
    (f) the permanent availability, recoverability, retention, or continuity of Outputs, Conversation Data, memory-related features, contextual history, chat history, or other data, unless expressly stated otherwise in the applicable Plan, accepted Offer, or separate written agreement.
  • 6.5. Where the System enables recommendations, automations, integrations, blocking actions, configuration changes, exports, protocol-based access, or machine-to-machine interactions, their availability and effect may depend on the selected Plan, technical feasibility, User settings, permissions, connected services, and third-party capabilities. The User remains responsible for reviewing and deciding upon the legal, business, technical, operational, and security consequences of implementing or authorizing such actions, unless expressly agreed otherwise in writing.

7. TECHNICAL REQUIREMENTS, AVAILABILITY, AND USAGE CONDITIONS

  • 7.1. Use of certain Services or functionalities may require the User to perform additional technical, operational, or configuration-related actions.
  • 7.2. Such actions may include implementation of a script, tag, connector, pixel, API connection, data source connection, authentication step, permission grant, or integration between the Account and third-party services used by the User.
  • 7.3. Services and functionalities are available in accordance with Travatar's current offer, the selected Plan, the accepted Offer, applicable usage limits, technical availability, and any additional conditions communicated by Travatar.
  • 7.4. Certain Services may be subject to usage thresholds, quotas, monitoring limits, event limits, display limits, traffic limits, workspace limits, credit limits, token limits, prompt limits, response limits, conversation limits, chat retention limits, memory limits, or other consumption-based restrictions, depending on the selected Plan, accepted Offer, pricing terms, or applicable commercial terms.
  • 7.5. Where applicable, Travatar may notify the User when an applicable usage limit is being approached or has been reached, including through the User Panel, email, or other available communication channels.
  • 7.6. Once an applicable usage limit is reached, Travatar may limit, suspend, modify, or stop certain Services or functionalities, including monitoring, processing, analysis, alerts, integrations, conversational features, memory-related features, or access to selected outputs, until the User upgrades the applicable Plan, purchases additional usage, or otherwise restores availability under the applicable commercial terms.
  • 7.7. The User may be able to purchase additional usage, credits, tokens, conversation capacity, monitored resources, retention extensions, AI-related consumption packages, or similar extensions, which may require a change of Plan, acceptance of a new Offer, or result in an additional or increased Fee, in accordance with Travatar's then-current offer.
  • 7.8. Travatar reserves the right, at its sole discretion, to conduct promotional, commercial, onboarding, pilot, or marketing actions for selected Users, groups of Users, Plans, markets, periods, channels, or acquisition scenarios, including by offering additional usage, credits, discounts, promotional codes, temporary functionality access, trial periods, fee-free periods, or other benefits on terms determined by Travatar.

8. USER OBLIGATIONS

  • 8.1. The User shall use the Services in compliance with applicable law, these ToS, good practices, and third-party rights.
  • 8.2. The User shall not:
    (a) use the Services in an unlawful, abusive, fraudulent, or unethical manner;
    (b) upload or transmit unlawful content;
    (c) use the Services to test malicious software, run harmful automation, or conduct abusive or unauthorized activities;
    (d) interfere with the System, circumvent usage limits, or attempt unauthorized access;
    (e) use the Services in a way that infringes intellectual property rights, privacy rights, confidentiality, trade secret protections, data protection obligations, or other rights of third parties.
  • 8.3. The Services may be used by the User for its own internal business operations and, where applicable, also in connection with services provided by the User to its clients, provided that such use remains consistent with these ToS, the applicable Plan, Offer, technical setup, and applicable law. Travatar reserves the right to verify whether the Account is used in a manner consistent with the declared or apparent use case, including whether it is operated by an agency, consultant, or other service provider acting on behalf of clients.
  • 8.4. The User is solely responsible for:
    (a) the lawfulness of data provided to Travatar;
    (b) obtaining all necessary permissions, notices, and legal bases for data processing and transfer;
    (c) the configuration of the Website and third-party integrations on the User's side;
    (d) decisions taken on the basis of outputs, reports, recommendations, or Outputs generated by the System, except where otherwise expressly agreed in writing.
  • 8.5. The User remains the owner of content and data provided by the User or uploaded to the System, or confirms that it has all rights necessary to use such data and content in connection with the Services.
  • 8.6. The User is solely responsible for Prompts, instructions, files, Conversation Data, and other content submitted through conversational or AI-enabled functionalities and shall ensure that such content does not violate applicable law, third-party rights, confidentiality obligations, data protection obligations, trade secret protections, or these ToS. The User shall not submit any content that it is not authorized to disclose, upload, process, or otherwise use through the Services.
  • 8.7. The User shall not use the Services or any proprietary Outputs, reports, analyses, insights, recommendations, classifications, or other materials generated by the Services for the purpose of developing or offering a competing product or service, or for systematically extracting, reproducing, or replicating the core logic, methodology, or proprietary know-how of the Services. This restriction does not prohibit the use of the Services, APIs, integrations, exports, or protocol-based connections, including MCP-based workflows, for their intended operational purposes in accordance with these ToS.

9. INTELLECTUAL PROPERTY

  • 9.1. All intellectual property rights in and to the System, including its software, architecture, interfaces, documentation, dashboards, reports, visual elements, methodologies, prompts, models, workflows, and related components, belong exclusively to Travatar or its licensors.
  • 9.2. Except as expressly permitted under these ToS, the User may not copy, distribute, publish, sublicense, sell, modify, reverse engineer, decompile, or otherwise exploit the System or any part of it.
  • 9.3. To the extent necessary for use of the Services, Travatar grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the System during the term of the Contract for the User's internal business purposes only.
  • 9.4. All rights not expressly granted to the User are reserved by Travatar.

10. PAYMENTS AND COMMERCIAL TERMS

  • 10.1. Fees are payable in advance for the applicable Billing Period, unless Travatar expressly provides otherwise in the System, in an Offer, or in a separate written agreement.
  • 10.2. The amount of the Fee, the scope of the Services, the applicable Billing Period, and any usage limits or usage-based charging rules depend on the selected Plan, the current commercial offer of Travatar, applicable promotions, pricing terms, or an individual Offer accepted by the User. Travatar may modify pricing, Plans, usage limits, usage-based charging rules, commercial terms, and the scope of Services for future Users, future Billing Periods, renewals, future Plans, or future Offers, unless expressly agreed otherwise in writing or in an accepted Offer.
  • 10.3. Travatar may offer Plans with monthly or yearly billing, as well as trial periods, fee-free access periods, promotional access, discounted pricing, or other custom commercial arrangements.
  • 10.4. Any trial period, fee-free access period, discount, promotional condition, or other commercial benefit shall apply only to the extent and for the duration currently made available by Travatar in the System, communicated in an Offer, or otherwise indicated by Travatar.
  • 10.5. Any trial period or fee-free access period may be offered by Travatar at its sole discretion and may vary in duration, scope, features, usage limits, and eligibility criteria depending on the selected Plan, Offer, promotional campaign, market, acquisition channel, technical configuration, or other commercial terms determined by Travatar. It may apply to all Services or only to selected Services or functionalities. Unless expressly stated otherwise by Travatar, such period may expire automatically and continued access to paid Services may require payment, acceptance of an Offer, selection of a paid Plan, or another activation step designated by Travatar.
  • 10.5A. A trial period, fee-free access period, or other promotional access may be granted only once to the same User, Account, organization, domain, payment method, device, browser environment, technical identifier, or other related entity, unless Travatar expressly provides otherwise. Unless Travatar expressly provides otherwise, a new trial, fee-free access period, or similar promotional access may not be granted earlier than 90 days after the end of the previous such period. Travatar reserves the right to refuse, limit, suspend, or cancel repeated, abusive, or circumvention-based attempts to obtain multiple trial or promotional access periods.
  • 10.5B. Unless Travatar expressly provides otherwise, Users using a trial, fee-free, or other promotional access model may have access only to selected Plans, functionalities, activation paths, upgrade paths, or commercial options made available by Travatar for that access model. Travatar does not guarantee that a User using a trial, fee-free, or promotional access model will be able to activate, purchase, or upgrade to every higher-tier Plan, including Plans otherwise available to paying Users.
  • 10.6. Travatar may provide the User with an individual or custom Offer, including by email, through a dedicated link, through the User Panel, or by another method designated by Travatar.
  • 10.7. An Offer may specify, in particular, the applicable Plan, Billing Period, Fees, usage limits, trial period, fee-free access period, discounts, promotional conditions, renewal rules, scope of Services, or other commercial terms.
  • 10.8. Acceptance of an Offer by the User, including by clicking an acceptance button, confirming acceptance electronically, activating the applicable Plan, proceeding through the indicated flow, making payment, or otherwise acting in a manner designated by Travatar as acceptance, shall make such Offer binding upon the User and Travatar and such Offer shall form part of the Contract.
  • 10.9. If the User rejects an Offer or fails to accept it within the period indicated by Travatar or specified in the Offer, the Offer shall expire and cease to be binding. Travatar shall have no obligation to maintain, renew, or repeat the expired Offer on the same terms.
  • 10.10. Travatar reserves the right, at its sole discretion, to determine the eligibility criteria, scope, duration, and availability of any trial, fee-free access period, discount, custom Offer, promotional benefit, or other commercial arrangement, including limiting such benefits to selected Users, Plans, markets, periods, acquisition channels, or usage scenarios.
  • 10.11. Travatar may from time to time offer partner, referral, agency, consultant, reseller, or other cooperation models under separate commercial terms, Offers, partner policies, or written agreements determined by Travatar.
  • 10.12. Travatar may process payments through external payment providers under their respective terms and technical capabilities.
  • 10.13. The User agrees to receive invoices electronically to the email address associated with the Account, unless applicable law requires otherwise.
  • 10.14. Access to paid Services or functionalities may be activated after confirmation of successful payment or after acceptance of the applicable Offer, depending on the commercial model used by Travatar.
  • 10.15. If the Fee is not paid on time, Travatar may, at its sole discretion and without prejudice to any other rights or remedies, issue payment reminders, limit, suspend, or block access to the Services in whole or in part, disable selected paid functionalities, modules, integrations, or outputs, suspend processing, monitoring, reporting, alerts, conversational features, memory-related features, or access to historical data, and apply other reasonable protective or operational measures until payment is received.
  • 10.16. If the payment default continues, Travatar may block the Account, stop providing the affected paid Services or paid components, delete or archive data in accordance with the selected Plan, accepted Offer, communicated retention settings, or applicable documentation, and terminate the Contract in accordance with Section 16. Travatar shall not be liable for any consequences resulting from such limitation, suspension, blocking, deletion, archiving, or termination where caused by the User's payment default.
  • 10.17. Unless expressly stated otherwise in the applicable Plan, accepted Offer, or separate written agreement, Fees are non-refundable.
  • 10.18. Unless expressly stated otherwise, all Fees are exclusive of any applicable taxes, including VAT, sales tax, or similar charges. The User shall be responsible for all such applicable taxes, except for taxes based on Travatar's net income.
  • 10.19. The User may not set off, withhold, or reduce any payment due to Travatar on the basis of any counterclaim, unless such counterclaim has been expressly acknowledged by Travatar in writing or has been finally adjudicated by a competent court.

11. CONFIDENTIALITY

  • 11.1. Each Party undertakes to keep confidential any non-public commercial, technical, organizational, or financial information obtained from the other Party in connection with the Contract that should reasonably be considered confidential.
  • 11.2. Confidential information includes, in particular, business data, pricing, technical documentation, security information, customer information, personal data processed in connection with the Services, and confidential Conversation Data to the extent applicable.
  • 11.2A. Travatar applies reasonable technical and organizational measures designed to protect the confidentiality, integrity, and availability of data processed in connection with the Services. Access to Customer Data and other confidential information is intended to be limited to authorized persons, subprocessors, and service providers with a legitimate need to know such information for the purpose of providing, maintaining, securing, supporting, or complying with legal obligations relating to the Services, subject to appropriate confidentiality and data protection obligations.
  • 11.3. The confidentiality obligation does not apply to information that:
    (a) is publicly available without breach of these ToS;
    (b) was lawfully known to the receiving Party before disclosure;
    (c) was lawfully obtained from a third party without confidentiality obligation;
    (d) must be disclosed under applicable law or a binding decision of a competent authority, provided that the disclosing Party is informed where legally permissible.

12. PRIVACY AND DATA PROCESSING

  • 12.1. Privacy-related matters are governed by the Privacy Policy and, where applicable, the DPA attached as Annex 1.
  • 12.2. By using the Services, the User confirms that it has all rights, legal bases, permissions, and notices required under applicable law to provide personal data and other data, including Prompts and Conversation Data where applicable, to Travatar for purposes related to the Services.
  • 12.3. The Parties enter into the DPA upon commencement of the Services, where and to the extent required by applicable law.

13. AVAILABILITY, CHANGES, AND BETA FEATURES

  • 13.1. Travatar shall use commercially reasonable efforts to address material malfunctions affecting access to the System or use of the Services within a reasonable time, taking into account the nature of the issue, technical feasibility, and operational priorities.
  • 13.2. Travatar may change, suspend, or discontinue particular Services, functionalities, modules, integrations, dashboards, methodologies, metrics, Plans, Offers, pricing models, chat history features, or memory-related features, provided that such changes comply with these ToS and applicable law.
  • 13.3. Beta, pilot, early access, or experimental functionalities may be subject to additional limitations, reduced support, lower stability, incomplete features, and separate conditions communicated by Travatar.
  • 13.4. Beta, pilot, early access, experimental, or test functionalities may be modified, suspended, limited, removed, reset, or discontinued at any time, with or without notice, unless mandatory law provides otherwise. Unless expressly agreed otherwise in writing, Travatar shall not be liable for the removal, unavailability, modification, loss, deletion, or non-retention of any data, outputs, configurations, settings, history, or other materials created, processed, or generated in connection with such functionalities.
  • 13.5. Data, reports, metrics, sections, outputs, or historical comparisons generated before and after updates to the System may differ due to technical, methodological, functional, or model-related changes.
  • 13.6. Access by external systems, tools, agents, or integrations to any data, outputs, or functionality of the System may be subject to technical limitations, authentication requirements, permissions, configuration choices, third-party terms, and evolving interoperability standards. Travatar may determine, modify, limit, or discontinue the scope, format, or method of such access as the System develops.

14. LIABILITY AND DISCLAIMERS

  • 14.1. To the maximum extent permitted by law, Travatar shall not be liable for:
    (a) indirect, incidental, consequential, special, punitive, or exemplary damages;
    (b) loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, reputational harm, loss of expected savings, or cost of substitute services;
    (c) loss, corruption, delay, or inaccuracy of data resulting from third-party systems, external integrations, internet failures, cloud outages, platform restrictions, API changes, anti-bot protections, model limitations, chat provider limitations, or other factors beyond Travatar's reasonable control.
  • 14.2. Travatar shall not be liable for damages resulting from:
    (a) the User's breach of these ToS;
    (b) improper use of the Services;
    (c) misconfiguration of the Website, script, tag, connector, pixel, API connection, data source connection, or integrations by the User;
    (d) conflict between the System and third-party scripts, tools, software, or infrastructure used by the User;
    (e) unlawful, incomplete, outdated, inaccurate, unauthorized, or misleading data, Prompts, or instructions provided by the User;
    (f) hacking attacks, malware, malicious automation, or other threats that could not reasonably be prevented or detected under the circumstances;
    (g) interruption, degradation, or discontinuity of services caused by force majeure, third-party failures, telecommunications failures, cloud provider failures, internet failures, or actions of public authorities;
    (h) use of the Services contrary to law or third-party rights.
  • 14.3. Travatar does not guarantee the full effectiveness of the Services, including detection of 100% of bots, false traffic, fraud, malicious activity, or AI-driven interactions.
  • 14.4. Travatar does not guarantee that any report, output, measurement, recommendation, analysis, classification, Conversation Data-derived insight, or Output generated within AI Visibility, GEO, Traffic Intelligence, Copilot, conversational features, Ad Fraud Prevention, Website Security, or related functionalities will be accepted, recognized, or acted upon by any third party, including advertising platforms, AI platforms, search providers, publishers, or other service providers, nor that they will lead to any refund, ranking improvement, traffic recovery, operational improvement, or commercial result.
  • 14.5. To the maximum extent permitted by law, Travatar's total aggregate liability arising out of or in connection with the Contract, these ToS, the accepted Offer, or the Services, whether in contract, tort, statutory liability, or otherwise, shall not exceed the lower of: (a) the total Fees paid by the User to Travatar during the two Billing Periods immediately preceding the event giving rise to the claim; or (b) PLN 1,200.
  • 14.6. Nothing in these ToS excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

15. COMPLAINTS

  • 15.1. The User may submit a complaint regarding the Services by email to [email protected] or through another channel designated by Travatar.
  • 15.2. A complaint should include information sufficient to identify the User and describe the issue in a reasonably specific manner.
  • 15.3. Complaints should be submitted no later than 14 days after the User became aware, or should reasonably have become aware, of the event giving rise to the complaint, unless mandatory law provides otherwise.
  • 15.4. Travatar shall use reasonable efforts to respond to a complaint within 14 business days. If additional information is required, the response period runs from receipt of the necessary information.
  • 15.5. If a complaint is accepted as justified, Travatar may, at its sole discretion, provide an appropriate remedy, including restoration of access, correction of the issue, service credit, partial fee credit, or another reasonable corrective measure.
  • 15.6. Any compensation, credit, refund, or other remedy granted by Travatar in connection with a complaint shall remain subject to the liability limitations set out in these ToS.
  • 15.6A. For Users using any free, trial, or fee-free version of the Services, Travatar's total liability in connection with a complaint shall be excluded. No compensation, service credit, fee credit, refund, set-off, or any other remedy will be provided to Users of free, trial, or fee-free versions of the Services, except where mandatory law provides otherwise.
  • 15.7. Minor defects, temporary interruptions, or limitations inherent to the current stage of development of the System that do not materially deprive the User of the core paid functionality of the selected Plan or accepted Offer may not constitute grounds for compensation.

16. SUSPENSION, TERMINATION, CHANGES, AND DATA EXPORT

  • 16.1. The User may terminate the Contract by deleting the Account or by other means made available by Travatar, subject to any separately agreed notice period applicable to an individual Plan, accepted Offer, or separate agreement.
  • 16.2. Unless otherwise expressly stated in the applicable Plan, accepted Offer, or separate written agreement, the User may cancel the Services or submit a termination request through the User Panel, by email, or by another method made available by Travatar. Travatar may require reasonable verification of the User's identity and authority before acting on such request.
  • 16.3. Unless expressly stated otherwise, termination does not entitle the User to a refund of Fees already paid for the current Billing Period.
  • 16.4. If the User cancels the Services or terminates the Contract, such cancellation or termination shall take effect at the end of the current Billing Period, unless the applicable Plan, accepted Offer, or separate written agreement provides otherwise. Any downgrade, removal, or deactivation of a specific paid functionality, module, add-on, integration, or other paid component may be available only where expressly permitted under the applicable Plan, Offer, technical setup, or commercial terms communicated by Travatar. Until the end of the current Billing Period, the User may continue to access the paid Services or paid components covered by the applicable Fee, unless access is suspended or terminated earlier in accordance with these ToS.
  • 16.5. Travatar may suspend access to the Services in whole or in part with immediate effect where reasonably necessary for security, legal compliance, abuse prevention, payment default, protection of the System, protection of other users, protection of third parties, or due to third-party platform restrictions.
  • 16.6. Travatar may terminate the Contract or block the Account with immediate effect for valid reasons, including:
    (a) material breach of these ToS;
    (b) use of the Services in an unlawful, abusive, fraudulent, or unethical manner;
    (c) misleading Travatar during registration or performance of the Contract;
    (d) payment delay exceeding 30 days;
    (e) use of the Services for malicious testing, abuse, harmful automation, or misuse of conversational or AI-enabled functionalities.
  • 16.7. Travatar may terminate the Contract for valid reasons with effect at the end of the current Billing Period, unless a separate agreement or accepted Offer provides otherwise.
  • 16.8. Travatar may amend these ToS for valid reasons, including changes in law, changes in the Services, changes in pricing or plans, changes in commercial models, infrastructure upgrades, security needs, compliance requirements, abuse prevention needs, or development of the System.
  • 16.9. Non-material amendments, including editorial, clarifying, organizational, technical, compliance-related, or similar amendments that do not materially and adversely affect the User's rights or obligations, may take effect on the date indicated by Travatar.
  • 16.10. Material amendments shall take effect on the date indicated in the notice provided by Travatar and, unless a shorter period is required by law or justified by security, compliance, abuse prevention, fraud prevention, technical integrity, or protection of the Services, shall not take effect earlier than 7 days after notification.
  • 16.11. If a material amendment materially and adversely affects the User's rights or obligations, the User may terminate the Contract before the effective date of the amended ToS. Continued use of the Services after the effective date of the amended ToS constitutes acceptance of the amended ToS.
  • 16.12. Travatar may notify the User of amendments by email, through the User Panel, in-product notice, login notice, or by another reasonable communication method designated by Travatar.
  • 16.13. Unless expressly stated otherwise by Travatar, any Offer made available to the User may be limited in time and may expire if not accepted within the period indicated by Travatar or specified in the Offer. Expiry, withdrawal, or rejection of an Offer shall not create any obligation on the part of Travatar to continue offering the same commercial terms.
  • 16.14. Subject to the applicable Plan, accepted Offer, technical feasibility, security requirements, and applicable law, the User may request export of Customer Data and other exportable data made available through the Services in a commonly used, machine-readable format.
  • 16.15. Where required by applicable law or expressly provided by Travatar, the User may request reasonable assistance in connection with switching to another provider or to the User's own environment. Such assistance may be subject to reasonable fees, costs, scope limitations, security requirements, technical limitations, and transition conditions permitted under applicable law or communicated by Travatar.
  • 16.16. Travatar shall not be required to disclose, transfer, port, or make available any part of the Services, software, internal architecture, proprietary models, algorithms, scoring logic, security systems, confidential know-how, trade secrets, or other non-exportable elements of the System that are not required to be made available under applicable law.
  • 16.17. The scope, format, timing, and availability of any export, switching support, migration assistance, retention period, deletion cycle, archival rule, summarization rule, or access availability may depend on the selected Plan, accepted Offer, retention settings, technical configuration, applicable documentation, and the category of data or assets concerned. Unless expressly stated otherwise in the applicable Plan, accepted Offer, or separate written agreement, Travatar may determine and modify such matters from time to time for technical, operational, product, cost, security, compliance, or legal reasons.
  • 16.18. Termination, expiry, cancellation of the Services, or deletion of the Account shall not by itself affect Travatar's right to refer to the User as a current or former customer or to use the User's name, logo, and general brand elements in a factual and appropriate manner in reference lists, on the Website, in presentations, and in other marketing or promotional materials, solely to describe a current or past business relationship, provided that such use does not suggest an ongoing commercial relationship where none exists and does not disclose the User's confidential information. The User may object to such use in writing for legitimate reasons. Any such objection shall apply from the date of receipt and shall not require withdrawal, destruction, or recall of materials lawfully created, printed, published, or distributed before receipt of the objection, provided that Travatar shall cease using such name, logo, or brand elements in new materials and new publications without undue delay.

17. FINAL PROVISIONS

  • 17.1. Polish law shall govern these ToS and the Contract.
  • 17.2. If these ToS are made available in more than one language, the English language version shall prevail for all purposes of interpretation and in the event of any discrepancy or inconsistency, unless mandatory law provides otherwise.
  • 17.3. Disputes arising out of or in connection with these ToS or the Contract shall be submitted to the court having jurisdiction over Travatar's registered office, unless mandatory law provides otherwise.
  • 17.4. Any formal notices, dispute-related correspondence, legal communications, or other communications relating to the Contract from the User shall be sent to the contact details made available by Travatar in the System, on the Website, or otherwise communicated by Travatar. Unless mandatory law provides otherwise, service-related and contractual communications from Travatar may be delivered electronically, including by email, through the User Panel, or by in-product notice.
  • 17.5. If any provision of these ToS is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • 17.6. Failure or delay by Travatar in exercising any right under these ToS shall not constitute a waiver of that right.
  • 17.7. These ToS constitute the entire agreement between the Parties with respect to the subject matter hereof, unless supplemented by a separate written agreement, order form, accepted Offer, or commercial arrangement.
  • 17.8. Unless the User objects in writing for legitimate reasons, Travatar may refer to the User as a current or former customer and may use the User's name, logo, and general brand elements in a factual and appropriate manner in reference lists, on the Website, in presentations, and in other marketing or promotional materials. Following termination or expiry of the Contract, Travatar may continue such use solely for factual reference purposes, provided that such use does not suggest an ongoing commercial relationship and does not disclose the User's confidential information.

ANNEX 1 - DATA PROCESSING AGREEMENT

  • This Data Processing Agreement is entered into between:
    User, acting as controller or another party authorized to entrust personal data for processing under applicable law,
    and
    Travatar, acting as processor,
    together the Parties.

1. SUBJECT MATTER AND DURATION

  • 1.1. This DPA governs the processing of personal data by Travatar on behalf of the User in connection with the provision of the Services.
  • 1.2. This DPA enters into force upon commencement of the Services and remains in force for the duration of the Contract, unless applicable law requires longer retention of specific obligations.

2. NATURE AND PURPOSE OF PROCESSING

  • 2.1. Travatar processes personal data solely to the extent necessary to provide the Services, maintain and secure the System, support integrations, provide analytics and reporting, process Prompts and Conversation Data where applicable, respond to support requests, comply with legal obligations, and perform other activities expressly covered by the Contract, accepted Offer, and these ToS.
  • 2.2. The nature of processing may include collection, recording, organization, storage, adaptation, retrieval, consultation, analysis, use, disclosure by transmission where instructed or enabled by the User, restriction, deletion, archiving, and other operations necessary for the performance of the Services.

3. TYPES OF DATA AND CATEGORIES OF DATA SUBJECTS

  • 3.1. Categories of data subjects may include:
    (a) Users and their personnel;
    (b) business contacts;
    (c) Website Visitors;
    (d) other persons whose data is made available by the User through the System.
  • 3.2. Types of personal data may include:
    (a) account identification data;
    (b) business contact details such as name, email address, phone number;
    (c) billing-related data;
    (d) technical identifiers, logs, device and browser-related data, IP-related data where applicable;
    (e) usage data, event data, configuration data, Prompts, Conversation Data, Outputs, and other data submitted through the System by the User;
    (f) any other personal data that the User makes available to Travatar in connection with the Services.
  • 3.3. For the avoidance of doubt, unless expressly required for a supported billing method or otherwise necessary for the Services, Travatar does not require the User to provide full payment card details directly to Travatar.

4. USER INSTRUCTIONS

  • 4.1. Travatar shall process personal data only on documented instructions from the User, including instructions resulting from these ToS, the accepted Offer, the User's configuration and use of the System, and other documented instructions permitted under applicable law.
  • 4.2. If Travatar believes an instruction infringes applicable data protection law, it shall inform the User, unless prohibited by law.

5. CONFIDENTIALITY AND SECURITY

  • 5.1. Travatar shall ensure that persons authorized to process personal data are subject to appropriate confidentiality obligations.
  • 5.2. Travatar shall implement appropriate technical and organizational measures designed to ensure a level of security appropriate to the risk, taking into account the state of the art, implementation costs, the nature, scope, context, and purposes of processing, and the risks to rights and freedoms of natural persons.
  • 5.3. Such measures may include, where appropriate, measures relating to confidentiality, integrity, availability, resilience, access control, logging, testing, monitoring, incident management, retention controls, and security review of conversational and AI-enabled functionalities.

6. SUBPROCESSORS

  • 6.1. The User grants Travatar a general authorization to engage subprocessors in connection with the provision of the Services.
  • 6.2. Travatar shall ensure that any subprocessor is bound by data protection obligations no less protective than those set out in this DPA, to the extent applicable to the services performed by that subprocessor.
  • 6.3. Information about subprocessors may be made available by Travatar in the Privacy Policy, on the Website, within the System, or through another appropriate communication channel. Where Travatar provides general authorization for the engagement of subprocessors, Travatar may update such information from time to time. If the User has a reasonable data protection objection to a newly appointed subprocessor, the Parties shall discuss the objection in good faith. If the Parties cannot resolve the objection within a reasonable time, Travatar may terminate the affected Services or the Contract to the extent reasonably necessary.
  • 6.4. Travatar remains responsible for the performance of its subprocessors to the extent required by applicable law.

7. ASSISTANCE

  • 7.1. Taking into account the nature of processing and the information available to Travatar, Travatar shall provide reasonable assistance to the User in fulfilling its obligations under applicable data protection law, to the extent required by law and proportionate to the Services provided.
  • 7.2. Such assistance may include reasonable support regarding data subject rights requests, security incidents, data protection impact assessments, and prior consultations, where applicable.

8. PERSONAL DATA BREACHES

  • 8.1. Travatar shall notify the User without undue delay after becoming aware of a personal data breach affecting personal data processed under this DPA, to the extent required by applicable law.
  • 8.2. Such notification shall include available information reasonably necessary for the User to meet its legal obligations, taking into account the nature of the Services and the information available to Travatar.

9. AUDITS

  • 9.1. The User may request information reasonably necessary to demonstrate Travatar's compliance with this DPA.
  • 9.2. Where required by applicable law and where available information is insufficient, the User may conduct an audit no more than once in any 12-month period, upon at least 30 days' prior written notice, during normal business hours, and to the extent reasonably necessary to verify compliance with this DPA.
  • 9.3. Any audit shall be conducted in a manner that does not unreasonably interfere with Travatar's business operations, compromise security, or require disclosure of confidential information relating to other customers or internal security materials beyond what is reasonably necessary.
  • 9.4. The User shall bear its own audit costs and reimburse Travatar's reasonable internal costs where the audit exceeds standard compliance support, unless the audit reveals a material breach of this DPA by Travatar.

10. INTERNATIONAL TRANSFERS

  • 10.1. To the extent personal data is transferred outside the European Economic Area or another jurisdiction requiring transfer safeguards, the Parties shall implement an appropriate transfer mechanism required by applicable law.

11. RETURN AND DELETION

  • 11.1. Upon termination of the Services, Travatar shall delete or return personal data processed under this DPA, at the User's choice, unless applicable law requires retention.
  • 11.2. Where deletion occurs through standard retention and deletion processes of the System, such deletion may take place within a reasonable period necessary for backup rotation, security, legal retention, technical deletion cycles, or retention settings applicable to conversational and memory-related functionalities.

12. LIABILITY

  • 12.1. Each Party shall be liable under this DPA in accordance with applicable law and the liability limitations set out in the ToS, to the extent permitted by law.

13. FINAL PROVISIONS

  • 13.1. In the event of conflict between this DPA and the ToS with respect to personal data processing, this DPA shall prevail.
  • 13.2. Polish law shall govern this DPA, unless mandatory data protection law requires otherwise.
  • Effective date: 09.04.2026