Terms Of Service

These terms of service (the "Terms Of Service") set forth the terms and conditions for using the Kanban Tool service, including any associated applications, technologies, and websites.

You (also herein referred to as the "User") accept the provisions of this Terms of Service by registering in Kanban Tool, through your use of the service, by continuing to use the service after being notified of a change to these Terms of Service, or by maintaining an account in Kanban Tool after a change to the Terms of Service becomes effective.


§ 1. General information

1. The Service Provider provides a web application for visual task management and time tracking in a Software as a Service (SaaS) model (including associated software, materials and technologies) under the trade name Kanban Tool (hereinafter collectively referred to as the "Service"), available in particular under the internet domain name kanbantool.com and its sub-domains (collectively referred to as the "Website"). The Service Provider is Shore Labs Zbigniew Zemła, ul. Poprzeczna 11, 40-654 Katowice, Poland, NIP: PL6772286301, REGON: 241404765 ("Service Provider").

2. The Service Provider provides the Service for a fee, however, it may also make the Service available as part of a free trial period or a free plan specified on the Website in accordance with the current offer of the Service Provider ("Service Plan").

3. In order to use the Service, you must first read these Terms Of Service and accept its provisions. At the time of taking action to use the Service, You declare that you have read the Terms Of Service and undertake to comply with its provisions. In particular, this is done by checking the box for accepting the provisions of the Terms Of Service and the Privacy Policy.

4. To use the Service, you must be at least 18 years old and have full legal capacity.

5. A prerequisite for using the Service is that you have a computing device that allows access to the Internet and an email account. In addition, a prerequisite for using the Website is to have an up-to-date web browser compliant with W3C standards, such as Chrome, Firefox, Edge, or Safari with enabled support for Javascript language and cookies.

6. When using the Website and the Service, you may not act in conflict with any applicable laws or good practices, or infringe the personal rights of third parties or the legitimate interests of the Service Provider.


§ 2. Account

1. The Service is primarily designed to support work organization, business processes, and for enabling collaboration within teams and organizations. It is addressed to and intended for individuals, teams and organizations who use it in a business-to-business (B2B) model.

2. To register a new account ("Account") and start using the Service, you must complete an account registration form available on the Website or otherwise provided by the Service Provider, provide the required data, such as your name and a valid email address, and accept the Terms Of Service. You declare that the provided data is accurate and lawful and does not infringe on the rights of third parties or persons. The Service Provider may request additional documents or information to verify the authenticity and correctness of the data provided, and may also require additional information related to your company or organization (such as, for example, its name or registration number). If you register an Account on behalf of a legal person or your employer, acceptance of the Terms Of Service means that you are authorized to enter into the agreement and bind this entity with its provisions. By registering an Account as a physical person you declare that you will use it directly in connection with a business or professional activity. Registration of an Account using automatic methods (e.g., "bots") is not permitted.

3. Each Account is available under a unique subdomain of the kanbantool.com domain (e.g., my-name.kanbantool.com) through which the Account and the Service can be accessed.

4. By registering a new Account, you obtain the role and permissions of the Account owner, which enable you to choose a Service Plan, close the Account, and invite and grant appropriate roles and permissions to other Users (including granting of the Account owner role) who, after activating and accepting the Terms Of Service, can use the Service.

5. At the moment of registering the Account and accepting the Terms Of Service, a contract for the provision of the Service (the "Agreement") for the given Account is entered into.

6. You are responsible for maintaining the security of your Account and login details. Never disclose passwords or provide two-factor authentication codes to anyone. Sharing this data with third parties is a violation of the Terms Of Service.

7. You must keep your contact information up-to-date, particularly your email address. If your email address is outdated or incorrect, you may not receive important notices about the Agreement or the Service.

8. You are responsible for the content posted using the Account, as well as for any use of the Website, Service or Account that is not in compliance with the Terms of Service.

9. The Service Provider is not obligated to maintain inactive Accounts indefinitely. At least one of the users should periodically log in to the Account and use the Service through it. Lack of payment, activity, and use of the Service via the Account for the period of two years may result in the Account being deemed abandoned, closure of the Account, termination of the Agreement pertaining to it, and possible deletion of data and content related to it.

10. Unless you object to this and effectively inform the Service Provider, you agree that in connection with the Agreement and your use of the Service, the Service Provider may use your organization's trade names and logos to publicly announce or advertise your organization's past or current use of the Kanban Tool service and include them in its customers lists.

11. If you are an Account owner and have registered or use the Account on behalf of your employer or organization (e.g., by using a company email address or a company payment card), you agree that the Service Provider may, at its own discretion, grant the role of the Account owner to another person from your organization, in the event that it learns that you are no longer part of that organization, and attempts to contact the current Account owners (including you) are unsuccessful (e.g., due to deactivation of email addresses by your employer).


§ 3. Closure of the Account, suspension of the Account, and termination of the Agreement

1. A User may at any time, acting as the owner of the Account, terminate the Agreement and resign from the Service by closing the Account. To do so, you may use the form available under the "Please cancel my account" link on the "Account"> "Account Details" page or contact the Service Provider and express your wish to close the Account and terminate the Agreement including through the contact form available on the Website, or by sending an email to support@kanbantool.com.

2. Closing of the Account will result, among others, in: (i) discontinuation of the Service for the Account, (ii) discontinuation of charging and collection of fees for the Account, (iii) termination of the Agreement, (iv) possible irreversible deletion of data and content associated with the Account (including data and content provided by users invited or assigned to the Account) in accordance with the scope and schedule outlined in the Privacy Policy.

3. The Service Provider may suspend, limit access to the Service or close the Account and terminate the Agreement with immediate effect (depending on the nature of the breach, assessment of security reasons and circumstances for a given case) for important reasons, including without limitation: (i) violation of the provisions of the Terms Of Service , (ii) violation of generally applicable law, (iii) violation of intellectual property rights of third parties, (iv) failure to make payments for the Service, (v) in a situation where the User uses or tries to use the Service or the Website in a manner inconsistent with its intended purpose, or in a way that makes it difficult or impossible for other Users to use the Service, (vi) attempts to breach the technical security of the Website, (vii) intentional attempts to gain unauthorized access to the Website, including the Service Provider's IT resources, (viii) for security reasons, including the safety of other Users, suspected hacking of the Account or taking action aimed at stealing data; (ix) actions or attempted actions performed to the detriment of the Service Provider; (x) failure to select a Service Plan, subscribe to recurring payments, or make initial payment after the end of a trial period. The Service Provider may also close the Account and terminate the Agreement for other reasons, with at least a 30-day notice period. Closure of the Account and termination of the Agreement will result in, among others, the consequences described in section §3.2, including without limitation, the possible irreversible deletion of data and content. In the event of suspension of the Account, the Service Provider will take reasonable steps to explain the circumstances and reasons for the suspension. The Service Provider will restore access to the Account after successfully clarifying the circumstances justifying the suspension and resolving the reasons for the suspension.


§ 4. Changes to the Service, Service Plans, and Terms Of Service

1. The Service Provider is constantly developing the Service, including without limitation, to improve its functioning, increase ease of use, develop functionalities, adapt to legal, technical, and technological requirements, and improve security. Therefore, it may change the Service, which includes adding new, removing or modifying the scope of existing functionalities. Such changes will not entail additional costs for you. In the event that such change materially and adversely affects your access to or use of the Service and the Website, the Service Provider will allow you to resign from the Service within 30 days from the date of making the change or informing you about such planned change, and return a proportionate part of the payment made corresponding to the value of the unrealized Service as in accordance with the selected Service Plan.

2. The Service Provider may periodically change the prices and Service Plans, particularly in connection with the addition of new or improved functionalities to the Service or in response to market changes. The Service Provider will inform you each time with at least 30 days' notice about planned changes to the Service Plan that apply to you by sending a notification to the email address provided when subscribing to payments for the selected Service Plan, and such changes will take effect not sooner than from the next billing cycle. If you do not agree to the changes, you may resign from your Service Plan and subscription by closing your Account in accordance with § 3 of the Terms of Service before the start of the next billing period.

3. The Service Provider may make changes to the Terms Of Service for important reasons, in particular, but not limited to, when it is necessary due to: (i) a change in the provisions of applicable law or received legal advice, (ii) a need to implement or comply with a court order or a decision of competent supervisory authority, (iii) development or changes to the functionality of the Service, (iv) change of the technical conditions of the Service or Website, (v) change of contact details, (vi) correction of mistakes, errors, and removal of ambiguities, (vii) operational or organizational changes, (viii) security reasons, (ix) other changes to the terms and conditions that do not limit your rights and do not affect your current use of the Service, which are necessary due to objective circumstances. You will be informed in advance about the changes to the Terms Of Service through a message displayed on the pages of the Website, in the user interface, sent by email, or communicated in another appropriate way. Owning an Account or continuing to use the Service after the changes to the Terms Of Service come into force will constitute acceptance of the changes and provisions of the new Terms Of Service. If you do not agree to the changes made to the Terms Of Service, you can resign from the Service by closing your Account in accordance with § 3 of the Terms Of Service.


§ 5. Payment terms

1. The use of the Service is payable under the selected Service Plan as assigned to the Account, excluding the trial period and the free Service Plan, in accordance with the current offer of the Service Provider.

2. The User, who is the Account owner, can assign a Service Plan to the Account and is obliged to pay fees in accordance with the selected Service Plan. The currently offered Service Plans, their rules, and the scope of the Service provided under them are available on the Website.

3. After the trial period expires, to continue using the Service you need to select a Service Plan in accordance with the current offer of the Service Provider and make any required payments. Failure to select a Service Plan, failure to subscribe to recurring payments, or prolonged failure to make a required payment may result in suspension or closure of the Account in accordance with § 3, with or without notice.

4. Payments for the Service may be made by a payment card via the online payment methods available on the Website (e.g., via Stripe payment gateway), and in special cases, when individually agreed with the Service Provider, also by bank transfer to the Service Provider's bank account.

5. Payment for the Service should be made in advance, respectively for a given period or as part of a subscription to recurring payments in accordance with the selected Service Plan and the current offer of the Service Provider. If you agree to recurring payments, you authorize the Service Provider to store data of the payment instrument provided by you and process payments using it. If it is not possible to collect recurring payments due to lack of funds, expiration of payment cards, setting payment limits on the card, or any inability to charge the payment instrument, the Service Provider reserves the right to suspend access to the Account until the payment is made. In this case, until the outstanding payment is settled, the accrual of subsequent recurring payments shall be suspended, and they are not charged to the User.

6. You will be notified to the email address provided when subscribing to recurring payments each time a payment transaction is authorized or rejected.

7. If, in connection with the selected Service Plan and its terms, the amount of the recurring fee changes (e.g., as a result of inviting new users to the Account), the Service Provider will inform you in advance via a message sent to the email address of the new fee before it is due and charged.

8. By using the Service, you agree to receive all payment receipts, invoices, and other billing documents electronically to the provided email address.


§ 6. Customer support

1. To obtain support, additional information, or file a complaint regarding the functioning of the Website or Service, you can contact the Service Provider through the contact form provided on the Website, at the email address support@kanbantool.com, or by correspondence at the Service Provider’s registered address.

2. When filing a complaint, the content of the message should include all information necessary to consider the complaint, including the subject of the complaint, a description of the situation, and the User's identification data. The Service Provider will inform the User about the result of the complaint in a return message within 14 days of receipt of the complaint by the Service Provider, provided that the User has provided the necessary and correct information that allows it to be considered. If the relevant information is missing, the Service Provider will ask the User to supplement it. In such a situation, the time limit for processing the complaint shall be extended accordingly. If the necessary information is not obtained, or if the application is not subject to complain, or does not apply to the Service or the Website, the Service Provider will leave the complaint unprocessed.


§ 7. Software License

1. Upon commencement of the provision of the Service, the Service Provider grants you a worldwide, non-transferable, non-exclusive, limited license without the right to grant further licenses to use the Service Provider's software provided to you to you through the Website as a part of the Service. Your license to use the software after the initial free trial is subject to a subscription fee. The exact pricing and duration of the obtained license will depend on the selected Service Plan and the number of users registered under your account, as specified in § 5. This license is intended only to enable You to use the Service provided by the Service Provider in a manner permitted by the Terms Of Service and only within and during the period of using the Service.

2. You may not copy, modify, create derivative works from, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part of it or allow any third party to do so unless expressly permitted or required by law or if you have received written consent from the Service Provider.

3. None of the provisions of these Terms of Service grants you any rights, entitlements, ownership title, or consents other than those expressly indicated in these Terms of Service.


§ 8. User Content

1. All content and materials posted by you must comply with the applicable law. In particular, you may not, in your use of the Service and the Website, post content or materials that (i) infringe intellectual property rights, including copyrights or personal rights of third parties; (ii) violate good manners, including being offensive, discriminatory; (iii) violate the good name or legitimate interests of the Service Provider.

2. Other users who cooperate with you under the Account may be able to access, modify and delete content posted and shared by you under the Account. In particular you agree that until the entire Account is closed and permanently deleted, the Service Provider and other users collaborating within the Account may freely view, use, save, transmit, reproduce, copy, modify, and share your content to the extent necessary for the provision and use of the Service.

3. The Service Provider does not pre-screen content but reserves the right to refuse to post or remove any content available through the Service if it violates the Terms of Service. In particular, if the Service Provider receives an official notice or credible information of a violation, the Service Provider will take immediate action to remove or block access to such content.

4. The Service Provider recommends that you have and regularly make backup copies of your content that you have posted or that is otherwise stored or made available within the Service, as it may not be available again after deletion or modification.


§ 9. Limitation of Liability

1. The Service, the Website, and any associated software is provided "as is" and "as available". Service Provider makes no warranties or other guarantees, express or implied, and hereby to the fullest extent permitted by applicable law disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights. Despite best efforts, the Service Provider cannot guarantee or make any representations that the Service, the Website, any associated software or materials will be free of any errors, accurate, uninterrupted, timely, reliable, secure, that any content that you provide to the Service will be secure, will not be lost or altered, or that the results obtained by using the Service will be accurate or reliable.

2. To the fullest extent permitted by applicable law, the Service Provider, its employees, associates, contractors, and suppliers shall not be liable for any direct, indirect, special, incidental, consequential, or other damages of any character (including without limitation damages caused by loss or disclosure of data or content, or financial losses, or loss of profit (lost profits), or due to business interruption), including without limitation, those arising out of this Agreement or resulting from the use, interruption of use, disruption or errors in operation, security breaches, or inability to use the Website, the Service or any associated software.

3. In particular, and without prejudice to the generality of the clause above, to the fullest extent permitted by applicable law, the Service Provider shall not be liable for (i) any content posted on the Website and the manner of using the Service and Website by the User, or for any damages resulting from the User's act or omission, in particular arising out of or as a result of a violation of these Terms Of Service or any generally applicable laws; (ii) unauthorized access to the Account and the consequences of such access; (iii) interruptions in the operation of the Service caused by any circumstance beyond the reasonable control of the Service Provider; (iv) disclosure, alternation, or loss of data and content, caused by any circumstance beyond the reasonable control of the Service Provider, including data breaches; (v) as well as for the loss of data and content in the event of suspension or closure of the Account in the situations provided for in these Terms Of Service.

4. To the fullest extent permitted by applicable law, you will indemnify, defend and hold the Service Provider, its employees, associates, contractors, and suppliers harmless from and against all third-party claims, liabilities, damages, costs, and losses (including reasonable attorney fees and legal costs) arising as a result of your use of the Service in violation of the Terms of Service, in connection with the content that you have posted to the Service, or with your violation of applicable law or rights of any person or entity.

5. To the fullest extent permitted by applicable law, the entire aggregate liability of the Service Provider, its employees, associates, contractors, and suppliers in all matters or claims related to this Agreement, the Service, the Website, or any related software shall be limited to the greater of: a) the amount paid by you for the Service within twelve (12) months preceding such claim, or b) PLN 100 (one hundred polish zloty).

6. The above limitations of liability constitute an important condition under which the Service Provider agrees to provide the Service to you. Moreover, you agree that they are fair, reasonable, and meet your expectations, in particular with regard to your intended way of using the Service.


§ 10. Processing of personal data

1. The rules for processing personal data are set out in the Privacy Policy available at: https://kanbantool.com/policy/privacy. In the event of any conflict or inconsistency between the Privacy Policy and the Terms Of Service, the relevant provisions of the Terms Of Service shall prevail.


§ 11. Other conditions

1. As part of using the Website and Service, you must not send spam, use or transmit any harmful software, including without limitation: Internet worms, viruses, bots, or any other software that is destructive or hinders the use of the Service by its Users. The Service Provider also stipulates that for security reasons, the Service may be unavailable to Users using anonymizing VPN networks or using an IP address belonging to a network from which repeated attempts to violate the technical security of the Website or other provisions of the Terms Of Service were made in the past.

2. You may not reverse engineer or access the Service to (i) build a competing product or service, (ii) build a product using similar ideas, features, or functions of the Service, or (iii) copy any ideas, features, or functions of the Service.

3. For the avoidance of any doubts, this Agreement grants only the right to use the Service to the extent specified in these Terms Of Service and does not transfer any rights of the Service Provider.

4. The failure of either party hereto to prosecute its rights with respect to a breach hereunder will not constitute a waiver of the right to enforce its rights with respect to the same or any other breach.

5. The current content of the Terms Of Service is available online at https://kanbantool.com/policy/terms-of-service. In the event of discrepancies between the original English version and the translations of the Terms Of Service into other languages available through this website, the English version will prevail.

6. If you use the Service on behalf of a legal entity or directly in connection with the business or professional activity conducted by your employer or organization you may not assign or transfer any rights or obligations arising from these Terms and Conditions or the Agreement to individuals outside of that organization or to other entities without the prior written consent of that organization and the Service Provider.

7. None of the provisions of these Regulations limit the Service Provider's rights to transfer ownership or rights to the Service or Website to another entity. In the event of such circumstances, the Service Provider will inform Users about organizational and legal changes in advance.

8. If any provision of the Terms Of Service is amended, declared invalid, or legally unenforceable by a decision of a competent authority or by a final court decision, the remaining provisions of the Terms Of Service shall remain in force, and the invalid provision shall be replaced by a similar but valid and legally enforceable provision as near in effect as the invalid or legally unenforceable provision.

9. The law applicable to all claims and disputes regarding this Terms Of Service, the Service, or the Website is the Polish law.

10. The parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction and venue of the courts of the Republic of Poland.

11. The competent court for all claims and disputes regarding this Terms Of Service, the Service, and the Website is the common court in Poland competent for the seat of the Service Provider.

12. The provisions set forth in the foregoing Terms Of Service constitute the entire agreement between you and the Service Provider with respect to the subject matter hereof and supersede all prior or other agreements or understandings, oral or written.