Terms of Service of LiteTMS.eu (B2B)

Version 1.9 · Published September 4, 2026 · Effective for new Customers upon acceptance and for existing Customers 14 days after notice

§1. General Provisions

These Terms of Service ("Terms") set forth the rules for the provision of electronic services in the Software-as-a-Service (SaaS) model via the LiteTMS.eu platform ("Platform" or "System").
The owner and operator of the Platform is CodeJungle Sp. z o. o. with its registered office in Kawki (Kawki 51, 42-140 Panki), entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000722231, NIP (Tax ID): 5742064222, REGON (National Business Registry Number): 369658794 ("Service Provider").
The Platform is offered exclusively to entrepreneurs and other business entities ("Customer"). It is not offered to consumers. This does not exclude mandatory protection granted by Polish law to a natural person who concludes a contract directly connected with their business activity where the contract is not professional in nature for that person.
Whether a contract is professional in nature is assessed from its content and the Customer's registered business activities. Where this is unclear, the natural person may make the declaration permitted by law no later than when the contract is concluded. The Service Provider does not make conclusion of the contract conditional on such a declaration.
These Terms are made available free of charge before the contract is concluded, in a form that allows the Customer to obtain, reproduce, and store their content using their own IT system.

§2. Types and Scope of Services, Architecture, and Technical Requirements

The Service Provider supplies electronic access to the LiteTMS Platform and the modules activated for the Customer. These may include order and route management, fleet, employee and contractor records, planning and maps, document handling, driver communication, a mobile app, billing, reports, integrations, and AI-assisted features. The binding scope for a Customer is shown before activation in the order or registration flow and afterwards in the System and Price List.
Upon completing the registration form and accepting the Terms, the Customer receives access to a unique URL address in the LiteTMS.eu domain and a logically isolated data environment in which the Customer's data is separated from other Customers' data by isolation mechanisms (multi-tenant architecture).
The Service Provider ensures appropriate technical and organizational measures to protect data, including isolation mechanisms and the creation of automated backups.
Detailed rules for the processing of all personal data in Customer Content are set out in the Data Processing Agreement (DPA), which forms an integral part of the Agreement. Acceptance of these Terms also concludes the DPA to the extent the Service Provider processes personal data on the Customer's behalf.
Using the browser version of the Platform requires: an internet connection, a current version of Google Chrome, Microsoft Edge, Mozilla Firefox, or Safari (the current or immediately preceding major release), JavaScript and cookies enabled, a screen resolution of at least 1280 x 800 px, and an active e-mail address.
Using the mobile app for employees requires a device running Android 8.0 or newer, or iOS 15.0 or newer, an internet connection, and the permissions required by the selected features (including location, notifications, camera, microphone, and storage). Declining a permission disables only the feature that requires it.
SMS notifications require an active mobile phone number; push notifications require a device with the mobile app installed and notifications enabled.
The Service Provider is not responsible for faults caused by failure to meet the requirements in paragraphs 5 to 7 or by the Customer's hardware, network, or software, unless the fault is also attributable to the Service Provider.
The provision of services by electronic means carries typical risks, in particular the interception of login credentials, phishing, malware, and unauthorised account access. The Service Provider makes available mechanisms that reduce these risks (including transport encryption, two-factor authentication, roles and permissions, and audit logs). The Customer undertakes to keep login credentials confidential, to enable two-factor authentication for accounts with elevated permissions, and to report any suspected account security breach without delay.

§3. Conclusion and Termination of the Contract

A framework agreement for access to the System is concluded when the Customer's workspace is activated and access is granted, following completion of the registration form and acceptance of these Terms. Activating the account does not itself incur a charge. Individual paid services are ordered under §4 after the applicable rates have been made available.
The person accepting these Terms represents that they are authorised to enter into obligations on behalf of the Customer.
The framework agreement is concluded for an indefinite term. Paid services are billed under the prepaid model set out in §4.
The Customer may terminate the contract at any time without a notice period through the System panel or by e-mail to support@litetms.eu. Ordinary termination takes effect when received or on a later date stated by the Customer. If the Customer requests a switching process, the contract ends as set out in §15.
The Service Provider may terminate the contract without cause on 30 days' notice. It will refund any unused paid balance under §4 and preserve the exit rights in §15. Immediate termination is limited to a material breach under §11 or another ground provided by mandatory law.
Documentary form is sufficient for termination; an e-mail or a statement made in the System panel meets this requirement.
Termination does not deprive the Customer of the export and migration rights described in §15. Data deletion after termination is governed by §15.
Termination does not affect provisions that by their nature survive it, in particular §9 (as regards the protection of the Service Provider's rights), §10, §14-§17, and the DPA provisions on return, transition, deletion, audit, and liability.
A natural-person entrepreneur entitled to mandatory consumer protection may withdraw from a distance contract within 14 days after its conclusion by sending any unequivocal statement to support@litetms.eu. The following optional form is sufficient: “I withdraw from the LiteTMS contract concluded on [date]. Customer: [name, business name and address]. Date: [date].” Sending the statement before the deadline is enough. The Service Provider returns payments covered by the withdrawal within 14 days, using the original payment method unless otherwise agreed.
If that Customer expressly requests performance before the withdrawal period ends and then withdraws, it pays only the proportionate amount for service properly supplied before the withdrawal. The right is lost only after full performance where the statutory conditions, including prior express consent and acknowledgment, are met. Merely activating an account or beginning to use a continuously supplied digital service does not by itself waive the right. Mandatory remedies for non-conforming digital services remain unaffected.

§4. Payments and Billing Model

The Platform uses a pay-as-you-go model. The exact binding rates, free allowances, and charging method applicable to the Customer's currency, plan, and individual terms are made available after account activation in the System under Billing, before the first wallet top-up and paid use. The rates are presented in a form that can be saved or printed; on request, the Service Provider supplies a copy on a durable medium. The first wallet top-up after disclosure constitutes acceptance of the rates and an order for paid services on those terms. Until the first top-up or an agreed grant of billing credit, use within the free allowances does not generate charges. Prices are net of VAT unless expressly stated otherwise.
Charges are settled in the currency shown for the Customer in the System, order, or payment screen. Rates in different currencies may be set independently and are not automatically converted at the current exchange rate unless expressly stated otherwise. A change of currency or rates is not retroactive and, for an existing Customer, requires agreement or notice under §17. VAT or another tax is added at the rate and place required by applicable law. Where reverse charge, an exemption, or customer accounting applies, the Service Provider applies it after receiving the information and evidence required by law.
The Customer must provide and promptly update its correct legal name, address, country of establishment, tax or EU VAT number, and other billing details. Until those details are correctly supplied or verified, the Service Provider may apply tax based on the information available and subsequently issue any correction required by law.
Invoices are issued and made available through the Polish National e-Invoice System (KSeF) where legally required. Otherwise, they are delivered electronically to the Customer's System account or billing e-mail address; by accepting these Terms, the Customer accepts that delivery method. This does not displace any mandatory tax-law method of issuing or delivering an invoice.
Payments are processed in a prepaid model by the payment provider identified at checkout. By enabling automatic top-ups, the Customer authorises the Service Provider to charge the selected payment method by the displayed amount when the stated balance threshold is reached. The authorisation can be disabled in the System at any time.
Amounts paid credit a closed balance usable only for LiteTMS services. The balance is not a bank account, payment account, or transferable store of value and bears no interest.
A fee is earned and deducted when the relevant unit, module, or billing period is used. Properly charged and performed units are not refundable, subject to mandatory law. Promotional credits and bonuses have no cash value.
On termination, the Service Provider refunds the unused part of the paid balance after deducting due charges, refunds, and chargebacks. The refund is made, where practicable, to the original payment method within 30 days after the final usage is settled. This does not apply to promotional credits or to amounts the Service Provider is legally required to retain.
If a chargeback is raised for a properly delivered service, the Service Provider may suspend further paid usage to the extent necessary while the dispute is resolved and may recover documented costs permitted by law and the payment provider's rules. The Customer should first report billing errors to support@litetms.eu.

§5. External Integrations, Maps, and Telematics

The Platform can connect to third-party invoicing, KSeF, mapping, routing, payment, communication, AI, and telematics services. The current providers and their data-protection roles are identified in the Privacy Policy, DPA, System, or integration documentation. Third-party terms may apply when the Customer activates an integration.
For maps, search, and routing, the Platform may transmit coordinates, addresses or search terms, and technical request data. It does not intentionally add a driver or vehicle name unless the selected function requires it and the Customer is informed. Geographic data is not described as anonymous merely because direct identifiers are omitted.
The Customer remains responsible as controller and, where applicable, employer for the lawful use of GPS and personnel monitoring, including the legal basis, notices, access rules, and retention. The Service Provider remains responsible for its own duties as processor and for the security and correct operation of the integration within its control.
The Customer is responsible for checking accounting, tax, route, and operational outputs before relying on them. Failures originating solely in a third-party service are outside the Service Provider's control, but this does not exclude liability for the Service Provider's own breach of contract.

§6. Artificial Intelligence (AI Act)

The Platform includes clearly identified AI-assisted features. At or before the first direct interaction, users are informed that they are interacting with AI unless this is obvious to a reasonably well-informed, observant, and circumspect person in the circumstances. AI-generated or manipulated content is labelled or technically marked where applicable law requires it.
AI output may be incomplete, inaccurate, non-unique, or unsuitable. It is assistance, not legal, tax, financial, employment, safety, or operational advice. The Customer must apply competent human review before using output for a decision or sending it to another person.
The Customer must not input data it is not entitled to process or use AI features for an unlawful, deceptive, discriminatory, or safety-critical purpose. The Customer is responsible for assessing whether a proposed use triggers additional duties under the AI Act or other law.
The Customer may use AI output to the extent permitted by law and third-party rights. The Service Provider does not guarantee that output attracts intellectual-property protection or is exclusive or non-infringing. The rules for the AI Builder and custom modules are set out in §9(8).
Each party takes proportionate measures to ensure an appropriate level of AI literacy among personnel who operate or use the AI features on its behalf, taking account of their knowledge, experience, training, and the context of use. The Customer must give its users practical instructions on permitted use and human review.

§7. Service Availability and Maintenance

The Service Provider strives to keep the Platform available 99.9% of the time. This value is an operational target we work towards, not an unconditional contractual guarantee.
The target excludes planned maintenance announced in advance where practicable, failures outside the Service Provider's reasonable control, Customer systems, force majeure, malicious attacks despite reasonable safeguards, and external integrations. The Service Provider will nevertheless take reasonable steps to mitigate disruption within its control.
Service credits apply only where stated in an individual order or SLA. Otherwise, remedies are governed by applicable law and §16.

§8. Acceptable Use and Ban on Unlawful Content

The Platform is meant for the day-to-day work of transport companies. Please use it in accordance with the law, these Terms, and common sense.
The Customer is prohibited from supplying content of an unlawful character. This covers in particular content that infringes the rights of third parties, including copyright, industrial property rights, personal rights, and trade secrets, as well as content that breaches criminal law, data protection law, or the law on combating unfair competition.
The Customer undertakes to use the Platform in a way that does not compromise its integrity, stability, or security, in particular to refrain from actions that excessively overload the infrastructure and to observe the technical and API limits set out in the System or in the documentation.
The Customer is responsible for the acts and omissions of persons to whom it grants access to its workspace, including employees, associates, and subcontractors, as for its own.
The Customer warrants that it has a legal basis for entering personal data and other information concerning third parties into the System, and that entering and processing such data does not infringe the rights of those persons.
The restrictions protecting the Platform as a product, including its interface and other protected elements, are set out in §9.

§9. Intellectual Property, Licence, and Protection of the Platform

All rights to the Platform and its elements belong to the Service Provider or to the entities from which the Service Provider has obtained the relevant licences. This covers in particular: the source and object code, the structure and content of databases created by the Service Provider, documentation, training materials, graphic elements, icons, illustrations, proprietary fonts, texts, the composition, layout, and navigation flow of the user interface, animations and transitions, signs, trade names, and domain names, to the extent that those elements are protected under applicable law.
The "LiteTMS" name, logotype, trade dress, and interface elements are protected to the extent provided by copyright, trade-mark, design, database, and unfair-competition law. No registration is asserted by these Terms unless it can be verified in the relevant public register.
For the term of the contract, the Service Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable licence to use the Platform solely to the extent necessary to run the Customer's own business and in line with the Platform's intended purpose. The licence covers use by the Customer's employees and associates within its organisation. The licence does not cover resale, rental, lease, making the Platform available to third parties, or using it to provide services to third parties in a service-bureau capacity, unless the Service Provider consents separately in writing or in documentary form.
Subject to paragraph 6, the following are prohibited in particular:
1. copying, reproducing, distributing, publicly making available, or adapting protected elements of the Platform beyond the extent necessary for the proper use of the Service;
2. systematically reproducing, copying, or documenting the user interface, graphic elements, screen flows, documentation, or other protected elements of the Platform, including by means of screenshots, recordings, mock-ups, and specifications, where the purpose is to create, develop, or offer a product or service that uses those elements;
3. using screenshots, recordings, documentation, non-public materials, or other protected elements of the Platform as input for training, fine-tuning, testing, evaluating, or prompting artificial intelligence systems, automated agents, or code-generation tools, where the purpose is to reproduce protected elements of the Platform or to create a product or service that uses those elements;
4. automated, bulk, or systematic extraction of data, content, or interface elements of the Platform, in particular by means of scrapers, crawlers, bots, or headless browsers, except through the APIs officially made available by the Service Provider, within their intended purpose and limits;
5. circumventing technical protection measures, access controls, workspace isolation mechanisms, API limits, watermarks, or other mechanisms protecting the Platform, as well as removing or altering authorship notices, rights notices, and provenance information;
6. opening an account or granting access for the purpose of systematically copying protected elements, misappropriating confidential information, or evading these restrictions, including while concealing that purpose;
7. using the LiteTMS name, logotypes, trade signs, or other elements identifying the Service Provider in a manner that may suggest an affiliation with, authorisation by, or origin from the Service Provider;
8. publishing benchmarks or technical analyses that disclose confidential information, compromise security, or misleadingly present the test conditions or results.
The Customer undertakes not to decompile or otherwise reproduce the code of the Platform beyond the extent expressly permitted by law. Information obtained through acts permitted under art. 75(2)(3) of the Polish Act on Copyright and Related Rights is subject to the restrictions in art. 75(3) of that Act: it may be used solely to achieve the interoperability of an independently created program with the Platform and may not be used to develop, produce, or market a program with a substantially similar form of expression, or for any other acts infringing copyright.
Nothing in this section limits the Customer's rights under mandatory provisions of law. In particular, it does not limit the rights set out in art. 75(2) and (3) of the Polish Act on Copyright and Related Rights, including the right to observe, study, and test the functioning of the program in order to determine the ideas and principles underlying it, and the right to decompile in order to achieve interoperability; contractual provisions contrary to those rules are void (art. 76 of that Act). This section likewise does not limit the Customer's right to export and transfer its own data (§15), to carry on lawful competing business, or to independently develop its own software, provided that it does not use protected elements of the Platform in doing so.
Customer data remains under the Customer's control. The Customer grants the Service Provider a non-exclusive licence limited to hosting, processing, transmitting, displaying, securing, backing up, and otherwise using that data to provide, secure, support, and maintain the contracted service, comply with law, and prevent abuse. Customer Content may be used to improve the service only under the Customer's documented instruction. This does not prevent use of aggregated, irreversibly anonymised service telemetry that no longer identifies the Customer, a person, a vehicle, or a business record. The licence ends when the data is deleted under §15. The Service Provider does not use Customer data to train general-purpose AI models unless the Customer separately and expressly agrees.
The Customer may use and export configurations, reports, and custom-module content it creates, subject to third-party rights. The Service Provider retains rights in the Platform, Builder, templates, libraries, generic components, and scaffolding. The Customer may build competing software independently; it may not use the Builder to copy protected Platform elements or misuse confidential information.
If the Customer voluntarily provides non-confidential feedback, the Service Provider may use it without payment to improve the Platform. This does not transfer Customer data, custom content, or confidential information.
A breach of this section constitutes a material breach of these Terms and may result in the restriction, suspension, or termination of access to the Platform in accordance with §11, as well as in the Service Provider pursuing the claims available to it under the law on copyright, industrial property, database protection, and combating unfair competition.

§10. Confidentiality and Trade Secrets

Each party must protect the other party's non-public business, technical, security, and commercial information that is marked confidential or should reasonably be understood as confidential. For the Service Provider this includes non-public architecture, source code, APIs, algorithms, prompts, security configuration, documentation, roadmaps, and negotiated terms. For the Customer it includes Customer data, business records, credentials, and non-public workflows.
Confidential information may be used only to perform or exercise rights under the contract and disclosed only to personnel, professional advisers, and subcontractors who need it and are bound to protect it. A party must use at least reasonable care and promptly report an unauthorised disclosure.
These duties apply during the contract and for 3 years afterwards; trade secrets remain protected for as long as they retain that status.
The duties do not cover information that the receiving party can show was lawfully public, already known without restriction, independently developed without the confidential information, or lawfully received from an unrestricted third party. A legally required disclosure is permitted after advance notice where lawful and practicable.
Personal data is also governed by the DPA and applicable data-protection law.

§11. Restriction and Suspension of Access

The Service Provider may proportionately restrict a paid function or suspend access for exhaustion of the available balance, exceeding an authorised overdraft limit, or overdue payment, as well as for illegal content or use, spam, a material breach of §8-§10, a credible security threat, circumvention of safeguards, abusive automation or extraction, excessive load, or harm to the Platform, another Customer, or a third party.
Except where immediate action is reasonably necessary, the Service Provider first identifies the breach and gives a reasonable time to cure it. Immediate action may be taken to contain a security or legal risk, protect data or other users, comply with an authority's order, or preserve evidence of systematic copying, unlawful extraction, or an intellectual-property breach. The measure will be no broader or longer than reasonably necessary.
The Service Provider gives the Customer a clear statement of reasons at or before the restriction, or without undue delay where prior notice would undermine the measure or is prohibited. Where the DSA applies, the statement contains the information required by §13.
Access is restored when the cause is remedied. If a material breach is not cured in time, cannot be cured, or recurs, the Service Provider may terminate immediately.
Suspension or termination does not remove the Customer's right to export data under §15. If direct account access would create a security or legal risk, the Service Provider will provide a controlled export channel unless prohibited by law or necessary to preserve evidence.
The Customer may challenge a restriction or suspension through the complaints procedure set out in §14.

§12. Electronic Communications

The System provides communication modules (including e-mail, SMS, and push notifications). The Service Provider supplies the technical tool only. The Customer is responsible for the content of the messages sent and for the legal basis for contacting recipients.
The Customer must not send spam and must comply with the Polish Electronic Communications Law (PKE), data-protection law, and rules on electronic services and marketing, including obtaining any consent or other legal basis required for a message or call.
In the event of abuse, the Service Provider may restrict or block access to the communication modules.

§13. Digital Services Act (DSA)

For the functions that store information at a Customer's request, the Service Provider acts as a hosting-service provider under the Digital Services Act (DSA). Its single electronic contact point for authorities, the European Commission, the Board, and recipients is dsa@litetms.eu; Customers may also use the support form. Communication is accepted in Polish and English and is not handled solely by automated tools.
Any person or entity may report specific information it considers illegal. A notice should include: a substantiated explanation of illegality; the exact electronic location, such as a URL and any workspace, file, message, or record identifier needed to locate it; the notifier's name and e-mail address, except for notices concerning suspected child sexual abuse or exploitation offences covered by Articles 3-7 of Directive 2011/93/EU; and a good-faith statement that the information and allegations are accurate and complete.
The Service Provider confirms receipt where contact details are supplied and processes notices in a timely, diligent, non-arbitrary, and objective manner. It informs the notifier without undue delay of its decision and available redress.
If the Service Provider restricts the visibility of information, restricts monetary payments, suspends or terminates all or part of the service, or suspends or closes an account because Customer-provided information is allegedly illegal or contrary to these Terms, the affected Customer receives a clear and specific statement of reasons where its contact details are known. The statement identifies the measure, territorial scope and duration where relevant, material facts, whether a notice or own-initiative review led to it, any use of automated means, the legal or contractual ground, and available redress, except where the DSA permits the statement to be withheld.
The Service Provider does not generally monitor Customer information. It may use proportionate automated tools to detect malware, spam, or technical abuse; any material use of automation in processing a notice or making a restriction is disclosed as required by law.
A Customer whose content has been removed or disabled, and a notifier, may challenge the decision through the complaints procedure set out in §14. This does not limit the right to pursue claims before a court.
Intellectual-property notices may be sent to the same address. The Service Provider may preserve evidence or disclose information to the extent permitted or required by law. Where it becomes aware of information giving rise to a suspicion of a criminal offence involving a threat to a person's life or safety, it promptly informs the competent authorities and provides the relevant information available, in accordance with DSA Article 18.

§14. Complaints Procedure

The Customer may submit complaints concerning the provision of services by electronic means to support@litetms.eu or through the support form available in the System.
A complaint should contain: the Customer's identification and an electronic address for correspondence, the name of the workspace, a description of the objections together with the date and circumstances of the event, and the expected way of resolving the matter.
A complaint should be submitted promptly after the event giving rise to it is identified. A later submission does not deprive the Customer of the right to complain, but may make establishing the circumstances of the event more difficult.
If a complaint needs to be supplemented, the Service Provider will request the missing information. The time limit for handling the complaint then runs from the date the supplement is received.
The Service Provider handles a complaint within 14 business days of receiving it. If the matter requires a longer analysis, the Service Provider informs the Customer and indicates a new deadline, no later than 30 days from the date the complaint was received.
The response to a complaint is sent to the e-mail address given in the submission.
Using the complaints procedure does not limit the Customer's right to pursue claims before a court.

§15. Data Portability and Service Termination (EU Data Act)

The Customer may at any time switch to another provider's service, move its data to its own infrastructure, or use the services of several providers in parallel. The Service Provider does not create commercial, technical, contractual, or organisational obstacles that would hinder switching. Initiating a switch does not require a notice period (§3(4)).
To start switching, the Customer notifies support@litetms.eu or uses the System and chooses: (a) another provider of the same service type, supplying its necessary details; (b) the Customer's own ICT infrastructure; or (c) erasure without transfer. There is no notice period before the process starts.
The standard transitional period is no more than 30 calendar days. During it the contract remains in force and the Service Provider provides reasonable assistance to the Customer and its authorised third parties, maintains service continuity and security with due care, supplies relevant exit information, and identifies known continuity risks.
If 30 days is technically unfeasible, the Service Provider will, within 14 working days after the request, explain why and specify an alternative period of no more than 7 months. The Customer may extend the standard or alternative transitional period once by giving notice before it ends and specifying a period appropriate to its purposes. Ordinary service fees continue during any transition or Customer-requested extension; no switching fee is charged.
The portable categories are exhaustively: (a) Customer-created account, company, branch, user, role, and setting data; (b) contractor, contact, employee, driver, fleet, vehicle, trailer, warehouse, and other Customer master data; (c) orders, stops, routes, assignments, statuses, schedules, load plans, costs, settlements, reminders, CRM, and operational records; (d) Customer communications, announcements, documents, files, photos, recordings, and attachments; (e) location, route-history, telematics, geofence, activity, and Customer-facing audit data; (f) data records entered or generated by the Customer in custom modules; and (g) identifiers, field names and types, timestamps, relationships, labels, and other metadata necessary to read and connect the exported data. These categories include data supplied by the Customer and input or output data generated by the Customer's use that can be easily and securely exported. On request, the package includes all such data; the Customer may specify a narrower scope.
The exhaustive exclusions are: source code and executable software; generic Platform templates, libraries, algorithms, models, prompts, and scaffolding; custom-module definitions, interface layouts, executable logic, formulas, automations, workflows, and other technical configuration, unless the Customer has a right to use the relevant asset outside the Platform independently of the Agreement; infrastructure, security, fraud-prevention, diagnostic, and internal billing logs; internal analytics and metadata not needed to read the exported data; credentials and secrets; third-party assets the Customer has no right to receive; and derived or enriched data protected by the Service Provider's or a third party's intellectual-property rights or trade secrets. Data stored in a custom module remains portable even where the module or its logic is not exported. An exclusion will not be used to impede or delay switching.
The current LiteTMS Data Portability Register describes the procedures, all exported-data structures, CSV and JSON formats, the ZIP container for files, relevant standards and open interoperability specifications, and known technical limitations. The register is updated when the export changes. Where no suitable interface exists for a category, the Service Provider supplies an export in one of those structured, commonly used, machine-readable formats on request.
The Service Provider provides available open export interfaces and relevant documentation on equal terms to the Customer and its authorised destination provider, free of charge, to the extent required by the Data Act. Neither party is required to compromise security or disclose protected software or trade secrets.
The contract ends when switching is successfully completed or, for erasure without transfer, when ordinary termination takes effect. The Service Provider confirms termination by e-mail. A 30-calendar-day retrieval period starts after the transition ends; if there was no transition, it starts when the contract ends. A longer period may be agreed in documentary form.
After the retrieval period, the Service Provider erases the Customer's exportable data and digital assets, unless law requires retention or the parties agree a longer period. Data in disaster-recovery backups is put beyond ordinary use and access, is not restored except for disaster recovery, and is securely overwritten under the documented rotation cycle; if a backup is restored, the deletion is reapplied. The Service Provider confirms completion on request.
Switching, export, standard assistance, and data egress are free of switching, exit, and transfer charges. Separately requested development or professional services outside the statutory switching duties require advance agreement.
Core Platform hosting and storage are located in the European Union. The current jurisdictions to which the ICT infrastructure used for each service is subject, and a general description of the technical, organisational, and contractual measures against third-country governmental access to or transfer of non-personal data that would conflict with EU law, are available on the Data Processing Locations and Jurisdictions page. The Service Provider keeps that page current, complies with a third-country request only where permitted by EU law or an applicable international agreement, and informs the Customer where lawful.

§16. Limitation of Liability

To the fullest extent permitted by law, the Service Provider's aggregate liability arising from the contract is limited to the net fees paid or payable by the Customer for the 6 months immediately preceding the first event giving rise to the claim. Connected events count as one claim.
To the fullest extent permitted by law, the Service Provider is not liable for lost profits, lost revenue, loss of anticipated savings, indirect or consequential loss, or fleet downtime. It is liable for loss of Customer data only to the extent caused by its failure to perform its agreed backup or security duties.
The exclusions and cap do not apply to damage caused intentionally, or by gross negligence where a mandatory rule makes that limitation ineffective, or to other liability that cannot lawfully be excluded or limited. They do not restrict rights of data subjects or powers of regulators, and do not make an administrative fine payable by a person other than the person on whom it is imposed.
A party is not liable for delay caused by an event beyond its reasonable control that it could not reasonably avoid or overcome, including a major infrastructure failure, natural disaster, war, public-authority action, or malicious attack despite reasonable safeguards. The affected party must notify the other and take reasonable steps to mitigate and resume performance. Payment obligations already due are not excused.
The Customer will reimburse the Service Provider for reasonable, finally awarded or agreed third-party claims and costs caused by illegal Customer data, unlawful personnel monitoring or communications, or the Customer's material breach of §8-§10, except to the extent caused by the Service Provider. The Service Provider must promptly notify the Customer, allow reasonable participation in the defence, and not agree a settlement imposing non-monetary duties on the Customer without consent.
The cap does not limit the Customer's duty to pay fees or either party's right to seek an injunction or other non-monetary relief. Any wider liability allocation in an individually negotiated order or DPA prevails for its subject matter.

§17. Final Provisions

The Service Provider may change these Terms or the Price List where reasonably needed for a change in law, regulator decision, security, technology, third-party dependency, Platform functionality, business model, cost of supplying the service, or to clarify wording. It gives at least 14 days' notice by e-mail or a durable message in the System, states the effective date and material changes, and makes the new text storable. A change does not apply retroactively to completed services or remove accrued rights, reduce mandatory Data Act switching rights, or adversely alter a switching process already under way.
If the Customer does not accept a change, it may terminate the contract before the change takes effect, at no additional cost. Continued use of the Platform after the change takes effect constitutes acceptance of it.
A shorter period applies only where mandatory law, an authority's binding order, or an urgent and proportionate response to a security threat makes 14 days impracticable. The Service Provider explains the reason and gives as much notice as reasonably possible.
An individually agreed order or contract prevails over these Terms; the DPA prevails for personal-data processing; these Terms prevail over the general Price List. No Customer purchase terms apply unless expressly accepted by the Service Provider.
The Service Provider may assign monetary receivables as permitted by law. It may also transfer the Agreement to a legal successor or acquirer of the business or organised part that includes the Platform where the law permits and the Customer's rights are not reduced. It gives notice on a durable medium at least 14 days before the transfer, unless the transfer takes effect by operation of law. Where the law requires the Customer's consent or a particular form, the transfer is effective against that Customer only after the requirement is met. For a transfer other than by universal succession, the Customer may terminate before its effective date without additional cost; unused paid balance is refunded under §4. The Customer may transfer the Agreement with the Service Provider's prior consent in documentary form; consent will not be unreasonably withheld for a reorganisation or business sale where the successor assumes all obligations and provides appropriate payment standing and data security.
If any provision of these Terms proves invalid or ineffective, the remaining provisions remain in force.
These Terms are drawn up in Polish and English. In the event of any discrepancy, the Polish version prevails.
Polish law governs. Disputes are submitted to the court with territorial jurisdiction over the Service Provider's registered office, except where mandatory jurisdiction or protected-entrepreneur rules require otherwise.

Version 1.9 · Published September 4, 2026. Archival versions are available on request at contact@litetms.eu.

Appendix: Data Processing Agreement (DPA) · Privacy Policy

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