Terms of Service

These Terms of Service ("Terms") govern the provision of the BudiFlow software platform as an electronic service and constitute a legally binding agreement between:

Kamil Zwarycz, conducting business under the name LogicLoom Kamil Zwarycz, registered in the Central Registration and Information on Business (CEIDG), NIP: 5871749235, REGON: 540001576, address: Kalinowa 6L lok. 3, 81-198 Kosakowo, Poland ("BudiFlow", "Service Provider", "we", "us")

and you, the individual or legal entity that creates an account or uses the Service ("Subscriber", "you").

BudiFlow is provided primarily for professional and business use by small businesses using it to manage customer support on Instagram. By creating an account or using the Service, you confirm that you are acting in the course of your business or professional activity and that you have read, understood, and agree to be bound by these Terms.

These Terms are provided in accordance with Article 8 of the Polish Act on the Provision of Electronic Services.

If you do not agree to these Terms, you must not use the Service.

BudiFlow is a cloud-based Software-as-a-Service (SaaS) platform that provides AI-assisted, human-supervised customer support for Instagram Business accounts. The Service connects to your Instagram Business account and provides: automatic AI-generated replies to routine direct messages, story replies, and story mentions; detection and escalation of complex or high-value requests to a human agent; a Chatwoot-based inbox for reviewing and managing conversations; and off-hours holding replies while a human agent is unavailable.

Minimum technical requirements to use the Service:
• An internet-connected device (desktop, tablet, or smartphone)
• A modern web browser (Chrome 90+, Firefox 88+, Safari 14+, Edge 90+) with JavaScript enabled
• A valid email address for account registration
• An Instagram Business or Creator account you control, to connect to the Service

We reserve the right to modify, suspend, or discontinue any feature of the Service with reasonable prior notice where practicable. Scheduled maintenance will be communicated via the Service or by email. Emergency maintenance may occur without notice. We shall not be liable for interruptions caused by circumstances beyond our reasonable control, including changes to Meta's Instagram API or platform policies.

To access the Service you must register an account by providing accurate, complete, and current information including your name, business name (if applicable), email address, and a secure password.

You are solely responsible for: (a) maintaining the confidentiality of your login credentials; (b) all activities conducted under your account; (c) ensuring that any employees or collaborators you grant access to act in accordance with these Terms.

You must notify us immediately of any suspected unauthorised access to your account by contacting support@budiflow.com. We will not be liable for any loss resulting from unauthorised use of your account arising from your failure to maintain credential security.

You must be at least 18 years of age to register. Each account is personal to the registered Subscriber; sharing access credentials with individuals outside your organisation is prohibited.

We reserve the right to suspend or terminate accounts that contain false registration information or that are used in violation of these Terms.

Access to the Service is provided on a subscription basis, priced individually per business during onboarding — see our pricing page at budiflow.com/pricing for how pricing works. There is no published self-serve rate card; your price is agreed with you before the Service begins.

Prices are stated in EUR and are exclusive of VAT (Polish: podatek VAT / PTU). Applicable VAT will be charged in accordance with Polish tax law and EU VAT regulations. VAT invoices will be issued electronically to the billing email address on your account.

We do not use an automated card-based checkout or store your payment card details. We invoice you directly (email or your accounting software), and payment is made by bank transfer or another method agreed with your account manager.

Invoices are issued on the billing cycle agreed with you (typically monthly or annually) and are due within the payment term stated on the invoice (typically 14 days, unless otherwise agreed). Your subscription continues until either party gives notice to terminate, as described in Section 13 (Termination).

Failed or late payments: if an invoice is not paid by its due date, we will follow up by email. Access to the Service may be suspended after 14 days of non-payment without a resolution agreed between the parties.

Price changes: we reserve the right to propose new pricing with 30 days' written notice, agreed with you before it takes effect. We will not change your price without your agreement.

Refunds: fees already invoiced and paid are non-refundable except where required by applicable law, including applicable consumer protection rights, or where otherwise agreed in writing.

BudiFlow is intended for professional and business use. If you are using the Service in the course of your professional activity (as a sole trader or in a business capacity), the statutory right of withdrawal under the Polish Consumer Rights Act (Ustawa o prawach konsumenta) does not apply to you.

If, exceptionally, you qualify as a consumer under Polish law (i.e., you are a natural person entering into a contract unrelated to your professional or business activity), you have the right to withdraw from this contract within 14 calendar days of its conclusion, without giving any reason.

Waiver of withdrawal right: because onboarding a connected Instagram account and configuring the Service involves work performed on your behalf from the outset, by confirming in writing (email or equivalent) that you want onboarding to begin, you expressly request that performance start before the 14-day withdrawal period expires. By doing so, you acknowledge that you lose your right of withdrawal once the Service has been fully performed, or upon commencement of performance for ongoing services.

This waiver is recorded at the time you confirm onboarding should begin.

If you wish to exercise the withdrawal right (within the applicable period before the waiver applies), contact us at legal@budiflow.com. We will issue a full refund of any fees paid within 14 days of receiving your withdrawal notice.

You agree to use the Service only for lawful purposes, in accordance with these Terms, and in a manner that does not infringe the rights of others or restrict their use of the Service.

You must not:
• Use the Service to send content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable to your end-customers.
• Use the Service to process special categories of personal data (health data, biometric data, etc.) relating to your end-customers without ensuring you have a lawful basis and appropriate safeguards under GDPR.
• Connect an Instagram Business account you do not own or control, or that you have not obtained proper authorisation to connect.
• Attempt to gain unauthorised access to any part of the Service, other user accounts, or our infrastructure.
• Circumvent, disable, or otherwise interfere with security features of the Service.
• Transmit spam, unsolicited commercial communications, or malware through the Service.
• Engage in reverse engineering, decompilation, or disassembly of any part of the Service.
• Use the Service to develop a competing product or service.
• Overload our infrastructure or Meta's Instagram API through automated scraping, bots, or excessive API calls.
• Violate any applicable local, national, or international law or regulation, or Meta's Platform Terms and Community Standards.

We may, at our sole discretion, suspend or terminate your access to the Service immediately if we reasonably determine that you have violated these provisions, without prejudice to our other rights and remedies.

BudiFlow operates in two distinct data processing roles:

(a) Controller for Subscriber data: When you create an account and use the Service, we process your personal data (name, email, billing information) as a data controller. This processing is governed by our Privacy Policy.

(b) Processor for your end-customers' data: When you connect your Instagram Business account to BudiFlow, we receive and process your end-customers' messages (names, Instagram handles, message content) on your behalf. You are the data controller of that data and we act as your data processor under Article 28 GDPR. By accepting these Terms, you enter into a Data Processing Agreement (DPA) with us on the following terms:
• We will process your end-customers' data only on your documented instructions and solely for the purpose of providing the Service (generating replies, routing conversations, human-agent handoff).
• We will implement appropriate technical and organisational security measures as required by Article 32 GDPR.
• We will not engage new subprocessors without prior notification to you (our subprocessor list is published at budiflow.com/subprocessors).
• We will assist you in fulfilling data subject rights requests relating to your end-customers' data.
• We will notify you without undue delay of any personal data breach affecting your end-customers' data so that you can meet your own 72-hour UODO notification obligation.
• Upon termination of the Service, we will delete or return your end-customers' conversation data within 30 days.

You, as controller, are responsible for ensuring you have a lawful basis under GDPR for receiving and processing messages from your Instagram followers and customers through the Service, and for your Instagram Business Account's own compliance with Meta's Platform Terms.

The Service, including all software, source code, algorithms, user interface designs, graphics, logos, trademarks, and documentation, is owned by or licensed to LogicLoom Kamil Zwarycz and is protected by Polish and international intellectual property law.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during the term of your active subscription, solely for your internal business purposes in accordance with these Terms.

You retain full ownership of all content you upload or create within the Service ("Subscriber Content"). You grant us a limited, royalty-free licence to host, store, and process your Subscriber Content solely to the extent necessary to provide the Service to you. We will not use your Subscriber Content for any other purpose, including training AI models, without your explicit prior consent.

You must not: copy, modify, create derivative works of, or distribute any part of the Service; use our name, logo, or trademarks without our prior written consent; or remove any proprietary notices from the Service.

Feedback: if you provide us with suggestions or feedback about the Service, you grant us a perpetual, royalty-free licence to use such feedback for any purpose.

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components.

Exclusion of certain damages: To the maximum extent permitted by applicable law, we exclude all liability for: (a) indirect, incidental, consequential, or punitive damages; (b) loss of profits, revenue, data, or business opportunity; (c) damage caused by your reliance on information obtained through the Service.

Aggregate liability cap: For B2B subscribers, our total aggregate liability to you for any claims arising under or in connection with these Terms (regardless of legal basis) shall not exceed the total subscription fees actually paid by you in the twelve (12) months preceding the event giving rise to the claim.

Mandatory exceptions: Nothing in these Terms excludes or limits our liability for: (i) damage caused intentionally (umyślnie) — which cannot be contractually excluded under Article 473(2) of the Polish Civil Code (Kodeks cywilny); (ii) death or personal injury caused by our negligence; (iii) fraud or fraudulent misrepresentation; (iv) any other liability that cannot be limited under Polish or EU mandatory law.

Consumer note: If you are a consumer, your statutory consumer rights under Polish law are not affected by these limitations.

You agree to indemnify, defend, and hold harmless LogicLoom Kamil Zwarycz, its owner, and any associated persons from and against any claims, losses, damages, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Your Subscriber Content infringing third-party rights;
• Your end-customers' data being processed by you without a lawful GDPR basis;
• Any misuse of the Service by you or anyone accessing the Service through your account.

This indemnification obligation does not apply to claims arising from our own gross negligence or intentional misconduct.

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, civil unrest, acts of government or regulatory authorities, widespread power or internet infrastructure failures lasting more than 24 hours, pandemics, or failures of third-party infrastructure providers that we reasonably could not have anticipated or prevented.

In the event of a force majeure event, we will notify you as soon as reasonably practicable and will use reasonable efforts to resume performance. If the force majeure event continues for more than 30 consecutive days, either party may terminate the Service agreement by written notice, with a pro-rata refund of prepaid subscription fees for the unused period.

For clarity, this clause does not excuse our liability for intentional damage, in accordance with Article 473(2) of the Polish Civil Code.

This complaint procedure is established pursuant to Article 8(3)(4) of the Polish Act on the Provision of Electronic Services.

How to submit a complaint:
Complaints regarding the Service may be submitted by:
• Email: support@budiflow.com (preferred)
• Postal address: LogicLoom Kamil Zwarycz, Kalinowa 6L lok. 3, 81-198 Kosakowo, Poland

A complaint should include: your name and email address associated with your account; a description of the issue; the date the issue occurred; and, where applicable, screenshots or other evidence.

Processing timeline:
• We will acknowledge receipt of your complaint within 3 business days.
• We will investigate and respond to your complaint within 14 calendar days of receipt.
• For B2C consumers, if we do not respond within 14 calendar days, your complaint is deemed accepted (as per the Polish Consumer Rights Act).

If you are dissatisfied with our response, you may:
• Use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr
• Contact the Polish Trade Inspection (Inspekcja Handlowa) for free mediation
• Bring proceedings before the competent court

For GDPR-related complaints, see the Supervisory Authority section of our Privacy Policy.

Termination by you: You may cancel your subscription at any time via your account settings or by emailing support@budiflow.com. Cancellation takes effect at the end of the current billing period. Access to the Service remains available until the end of the paid period.

Termination by us: We may suspend or terminate your access to the Service with immediate effect if: (a) you breach any material provision of these Terms and fail to remedy the breach within 7 days of notice; (b) you fail to pay subscription fees after 14 days of a payment failure notice; (c) we are required to do so by law or a regulatory authority; (d) we reasonably suspect fraudulent or abusive use of the Service.

Effect of termination: Upon termination, your licence to use the Service ceases immediately. Your Subscriber Content and end-customer conversation data will be retained for 30 days following the effective date of termination, during which you may export your data. We will permanently delete all your data after this period, except where we are required to retain certain records under applicable law (e.g., financial records for 5 years under Polish accounting law).

Survival: Clauses 8 (Intellectual Property), 9 (Limitation of Liability), 10 (Indemnification), and 15 (General Provisions) survive termination.

These Terms are governed by and construed in accordance with the laws of the Republic of Poland, in particular the Polish Civil Code (Kodeks cywilny) and the Act on the Provision of Electronic Services, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

EU consumers: Nothing in these Terms affects the mandatory consumer protection rights applicable in the EU member state where a consumer is habitually resident.

B2B disputes: Any dispute arising out of or in connection with these Terms that cannot be resolved amicably within 30 days of written notice shall be subject to the exclusive jurisdiction of the courts competent for the registered address of LogicLoom Kamil Zwarycz in Kosakowo, Poland.

Consumer disputes: Consumers may bring claims before the court of their place of residence in the EU, or use alternative dispute resolution mechanisms as described in Section 12 (Complaint Procedure).

Entire agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, representations, and understandings.

Severability: If any provision of these Terms is found by a competent court to be invalid, unlawful, or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision will be severed, and the remaining provisions will continue in full force and effect (Article 58(3) of the Polish Civil Code).

Waiver: Our failure to enforce any provision of these Terms at any time shall not constitute a waiver of that provision or of our right to enforce it in the future.

Amendments: We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email and/or via the Service. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to the changes, you may cancel your subscription before the effective date.

Language: The English version of these Terms is the authoritative, legally binding version. Translations into other languages are provided for convenience only; in case of any inconsistency, the English version shall prevail until a professionally reviewed translation is designated as authoritative for a given language.

Assignment: We may assign our rights and obligations under these Terms to a successor entity in the event of a merger, acquisition, or sale of business assets, with notice to you. You may not assign your rights under these Terms without our prior written consent.

For questions about these Terms:

LogicLoom Kamil Zwarycz
Kalinowa 6L lok. 3, 81-198 Kosakowo, Poland
NIP: 5871749235 | REGON: 540001576
Email: legal@budiflow.com
Support: support@budiflow.com

Public CEIDG record: biznes.gov.pl (search by NIP: 5871749235)

These Terms were last updated on 26 March 2026 and are effective as of that date.