§ 1
Preliminary Provisions

The aioctopus online portal (hereinafter: the “Portal”) is available at https://aioktopus.com/ and is operated by FKOLO.PL Sp. z o.o., with its registered office in Warsaw (02-776), at 11 Dereniowa Street, Unit 8, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000003630, NIP 5252205129, REGON 017251447 (hereinafter: the “Company”).
This document (hereinafter: the “Terms and Conditions”) defines the rights of consumers and entrepreneurs (hereinafter: the “Client”) using the Portal and the OKTO service, and sets forth the rules for use, as well as the rules and procedures for concluding Distance Sales Agreements with the Client via the Portal.
Using the OKTO service requires acceptance of these Terms and Conditions and the Privacy Policy.

§ 2
Definitions

Definition and characteristics of the OKTO service:
OKTO is an intelligent assistant that enables clients to:

• analyze content from applications such as Gmail, Outlook, Google Calendar, and others,
• manage tasks, time, and reminders,
• generate content, reminders, meeting summaries, and to-do lists.

The service operates by processing Client data from connected accounts in a partially automated manner, using technologies provided by third parties, including OpenAI, Microsoft, and Google.

• Consumer – a natural person concluding an agreement with the Company through the Portal, the subject of which is not directly related to their business or professional activity.
• Client – any entity making purchases via the Portal.
• Entrepreneur – a natural person, legal person, or organizational unit without legal personality, which is granted legal capacity by law, conducting business activity on their own behalf, who uses the Portal.
• Portal – the online service operated by the Company at https://aioktopus.com/
• Distance Contract – a contract concluded with the Client within a structured system for concluding contracts at a distance (via the Portal), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the contract.
• Terms and Conditions – this document.
• Account – the Client’s account in the OKTO Service, which stores the data provided by the Client and information about their Orders.
• Order – the Client’s declaration of intent submitted in the OKTO Service, directly leading to the conclusion of a Sales Agreement for a Product with the Company.
• Product – the digital service available on the Portal under the name OKTO (hereinafter: the “OKTO Service”) – provided by the Company on the basis of these Terms and Conditions and the digital services supply agreement, allowing: creation, processing, storage, or access to data in digital form; use of data in digital form submitted or generated by the Client or other users of the service; and other forms of interaction via data in digital form.

§ 3
Contact with the Company

Company Address: Dereniowa 11, Unit 8, 02-776 Warsaw
Company E-mail Address: ………………..
Company Phone Number: ………………..
Company Bank Account Number: 38 1020 1169 0000 8502 0288 8006

§ 4
Technical Requirements

To use the Portal, including browsing and placing Orders for a Product, the following are required:

• an active Account and an end device with Internet access and a web browser such as Firefox 56.0 or higher, Chrome 64.0 or higher, Chrome Mobile 64.0 or higher, Microsoft Edge, Opera 51.0 or higher, Safari 10.0 or higher, WebKit Mobile 10.0 or higher,
• an email address,
• enabled cookies,
• an active WhatsApp or Telegram account.

The OKTO Service is provided on an “as is” basis, i.e., without warranty of uninterrupted operation or accuracy of results.

The Company is not liable for:

• consequences of decisions made based on the OKTO Service,
• errors arising from third-party providers (including OpenAI, Google, Microsoft),
• damages resulting from unauthorized access to the Client’s account due to the Client’s fault.

All content of the OKTO Service, including the interface, language models, documentation, and trademarks, is owned by the Company or its licensors.

Prohibited actions:

• decompiling, copying, or modifying the system,
• using the OKTO Service in a way that infringes copyrights or third-party rights.

§ 5
General Information

The Company, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of the OKTO Service, caused by force majeure, unlawful actions of third parties, or incompatibility of the OKTO Service with the Client’s technical infrastructure.

Browsing the Portal does not require an Account. Placing Orders for Products available on the Portal is possible by clicking the “Start using Okto” option, completing the registration process, subscribing, and providing the necessary personal and address details for Order fulfillment.

Prices listed on the Portal are in Polish zloty, USD, and EUR, and are gross prices (including VAT).

The final (total) amount payable by the Client consists of the Product price, which the Client is informed about on the Portal when placing the Order, including at the time of expressing intent to enter into a Sales Agreement.

In the case of a Contract for services provided for an indefinite period, the final (total) price is the total amount covering all payments for the billing period.

The Service may only be used by adults or individuals with the consent of a legal guardian.

The user agrees to:

• use the Service in accordance with the law,
• not transmit illegal, offensive, or confidential content without proper authorization,
• maintain the confidentiality of their account and login data.

§ 6
Client Registration

Client registration will be carried out in the Okto Service (via WhatsApp or Telegram conversation).

Registration consists of several stages of collecting user information, which will be linked to the user’s identifier in the OKTO Service database (name, surname, phone number, email address, and then payment data if the Client wishes to switch from a free to a premium subscription).

The Client may, at any time, without providing a reason and free of charge, request deletion of their data by sending an appropriate request to the Company, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7
Order Placement Rules

To place an Order, the Client must:

• register in the OKTO Service,
• select the Product to be ordered,
• provide invoice details,
• choose one of the available payment methods and, depending on the payment method, pay for the Order, subject to § 8 point 3.

§ 8
Available Payment Methods

The Client may use the following payment methods:

• electronic payments,
• payment by debit/credit card.

Detailed information on acceptable payment methods is available on the Portal.

§ 9
Performance of the Sales Agreement

The conclusion of a Sales Agreement between the Client and the Company occurs after the Client places an Order in accordance with § 7 of the Terms and Conditions.

After placing the Order, the Company immediately confirms its receipt and simultaneously accepts the Order for execution.

Confirmation of receipt and acceptance of the Order is made by activating the OKTO Service.

§ 10
Right of Withdrawal

The Consumer may withdraw from the Sales Agreement within 14 days without providing any reason.

The period referred to in point 1 starts from the delivery of the Product to the Consumer.

For a Contract involving regular delivery of Products for a fixed period (subscription), the period runs from the purchase of the first Product.

The Consumer may withdraw by submitting a statement of withdrawal to the Company. Sending the statement before the deadline is sufficient.

The statement may be sent by post, e-mail, or via the Company’s website – contact details are provided in § 3. A withdrawal form template is attached as Appendix No. 1 to these Terms and Conditions and to the Consumer Rights Act of 30 May 2014, but use of the form is not mandatory.

If the statement is submitted electronically, the Company will immediately confirm receipt of the withdrawal statement to the Consumer by e-mail.

Effects of withdrawal:

• The Distance Contract is considered null and void.
• The Company will promptly, but no later than within 14 days from receipt of the withdrawal statement, refund all payments made by the Consumer, excluding additional costs resulting from the Consumer’s choice of delivery method other than the cheapest standard delivery offered by the Company.
• The refund will be made using the same payment methods used by the Consumer in the original transaction, unless the Consumer expressly agrees otherwise at no cost.

Exceptions – the right of withdrawal does not apply to Contracts:

• for goods made to the Consumer’s specifications or clearly personalized,
• for goods delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons,
• for services that have been fully performed with the Consumer’s prior consent and acknowledgment that the right of withdrawal would be lost upon completion,
• where the price depends on fluctuations in financial markets beyond the Company’s control before the withdrawal deadline,
• for audio or visual recordings or computer software delivered in sealed packaging once opened,
• for the supply of digital content not stored on a tangible medium if performance began with the Consumer’s consent before the withdrawal period ended and after being informed about the loss of the right of withdrawal.

§ 11
Complaints and Warranty

Products are covered by the Sales Agreement.

If a Product purchased from the Company is defective, the Client has the right to lodge a complaint based on statutory warranty provisions of the Civil Code. If the Client is an Entrepreneur, warranty liability is excluded.

Complaints should be submitted in writing, electronically, or via the electronic complaint form to the Company addresses provided in these Terms and Conditions.

The Company will respond to the complaint promptly, no later than 14 days; if not, the complaint is deemed accepted.

§ 12
Out-of-Court Complaint Resolution and Redress

Detailed information on the Consumer’s ability to use out-of-court complaint resolution and redress procedures, and access to these procedures, is available at the offices and on the websites of county (municipal) consumer ombudsmen, consumer protection organizations, Provincial Trade Inspection Inspectorates, and the Office of Competition and Consumer Protection.

§ 13
Personal Data

The administrator of Clients’ personal data collected via the Portal is the Company.

Personal data is collected to perform the Sales Agreement, and with the Client’s consent – also for marketing purposes.

Recipients of personal data may include entities handling electronic or card payments in the Portal.

The Client has the right to access and correct their data.

Providing personal data is voluntary, but failure to provide the data required in these Terms and Conditions makes it impossible to conclude a Sales Agreement.

User data may be transmitted to and processed by external systems, including:

• OpenAI – for query processing and content generation,
• Microsoft – for Outlook/Office 365 integration and data processing,
• Google – for Google Workspace integration (Gmail, Calendar, Tasks),
• Other subcontractors – for infrastructure services (e.g., hosting, backup, analytics).

§ 14
Final Provisions

Contracts concluded via the Portal are made in Polish.

The Company reserves the right to amend these Terms and Conditions for valid reasons, such as changes in law, or changes in payment and delivery methods – insofar as these affect the provisions of these Terms and Conditions. Clients will be informed at least 7 days in advance.

In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; the Personal Data Protection Act.

The Client has the right to use out-of-court complaint and redress mechanisms. They may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.