Desk & Park Terms of Service

1. General Provisions and Definitions

These terms of service (the "Terms") set out the rules and conditions for the electronic provision of the Desk & Park service by Pixel of Software sp. z o.o., with its registered office at: ul. Rydygiera 13, 01-793 Warszawa, entered in the register of entrepreneurs of the Polish National Court Register under KRS number: 0000525252, tax identification number NIP: 5252525252 (the "Operator").

The following terms have the meanings set out below:

• Service — the Desk & Park service, provided in the software-as-a-service (SaaS) model and available at deskandpark.com, enabling the management of desk, parking space and meeting room reservations;
• Customer — an entrepreneur or other entity that has entered into an agreement with the Operator for the provision of the Service in connection with its business or professional activity;
• Organization — the Customer's dedicated space within the Service (a tenant), comprising an isolated database and the accounts of the Customer's Users;
• Administrator — a User authorized to manage the Organization, including the Plan, billing and User accounts;
• User — a natural person using the Service within an Organization;
• Plan — the paid access variant of the Service selected by the Customer (monthly or yearly);
• Billing Period — a month or a year, depending on the selected Plan;
• Billing Portal — the self-service portal provided by Stripe for managing the subscription, payment method and billing documents.

The Terms are made available free of charge at deskandpark.com in a manner that allows them to be obtained, reproduced and stored. Entering into the agreement for the Service requires prior acceptance of the Terms.

2. Description of the Service

The Service enables, in particular: mapping the Customer's office and parking space (maps of desks, parking spaces and rooms), making and managing reservations of desks, parking spaces and meeting rooms, managing Users and their permissions, and reporting on space utilization.

The Service operates in a multi-tenant architecture: each Organization is provided with an isolated database, which ensures the separation of individual Customers' data.

The Operator may develop, change and update the features of the Service, provided that this does not materially limit its core functionality during a paid Billing Period. Using the Service requires: a device with internet access, an up-to-date web browser and an active e-mail address.

3. Account, Registration and Organization

Registration and sign-in are passwordless: authentication is performed using one-time verification codes sent to the User's e-mail address. The Operator may make additional authentication methods available, including passkeys.

The person creating an Organization on behalf of the Customer represents that they are duly authorized to enter into the agreement on the Customer's behalf. The Administrator is responsible for: managing User accounts within the Organization, the accuracy and currency of billing details, granting permissions, and the Users' compliance with the Terms when using the Service.

The Customer must ensure that authentication credentials (including one-time verification codes) are not disclosed to unauthorized persons. Any unauthorized access to an account or Organization must be reported to the Operator without undue delay.

4. Plans and Pricing

The Service is available in several subscription Plans — Start, Standard, Pro and Enterprise — differing in limits (including the number of spaces and users) and price, billed monthly or yearly. The current Plans, their limits and prices are published on the pricing page at deskandpark.com and shown for confirmation before a purchase.

All prices are gross prices and include VAT at the applicable rate. Billing is carried out in the currency (PLN or USD) selected when the subscription is started. The Operator may offer trial periods or promotional codes on separately communicated conditions.

A change to the price list does not affect the fees for an ongoing, paid Billing Period. The Operator notifies Administrators of price changes by e-mail at least 30 days before they take effect; the new price applies from the first Billing Period starting after that date.

5. Payments, Renewals and Overdue Payments

Payments are processed by Stripe Payments Europe, Ltd. ("Stripe"). Fees are paid by payment card via Stripe. Payment card data is transmitted directly to Stripe and is never stored or processed on the Operator's servers.

The subscription renews automatically for subsequent Billing Periods, and the fee is charged in advance at the beginning of each Billing Period, unless the Customer cancels the renewal in accordance with Section 6. Billing documents are made available electronically in the Billing Portal or sent to the Administrator's e-mail address; the Customer consents to receiving invoices in electronic form.

If a charge fails, Stripe retries the payment and the Operator notifies the Administrator by e-mail. The Customer is granted a grace period of 14 days from the first failed payment attempt to settle the amount due. If the grace period expires without payment, access to the Organization may be suspended until payment is made, and a continuing arrear may constitute grounds for terminating the agreement in accordance with Section 6 and deleting data in accordance with Section 7.

6. Cancellation and Termination

The Customer may cancel the renewal of the subscription at any time in the Billing Portal. Cancellation takes effect at the end of the current, paid Billing Period; until then the Service remains fully available.

No refund is due for the unused part of a paid Billing Period, unless mandatory provisions of law provide otherwise.

The Operator may terminate the agreement with immediate effect in the event of a material breach of the Terms (in particular Section 8), after first calling on the Customer to cease the breach where the nature of the breach so permits. The Operator may also discontinue the Service entirely for valid reasons upon at least 90 days' notice; in that case the Customer is entitled to a pro-rata refund of fees for the unused period.

7. Customer Data, Export and Deletion

Data entered into an Organization remains the Customer's data. The Operator processes it solely for the purpose of, and to the extent necessary for, providing the Service, as described in the Privacy Policy.

During the term of the agreement the Customer may export the Organization's data using the features of the Service or by contacting the Operator. After the agreement is terminated or expires, the Organization's data is retained for a further 30 days (the retention window); during this time the Customer may request an export of the data in a commonly used, machine-readable format or resume the subscription.

After the retention window expires, the Organization's database is permanently and irreversibly deleted. This does not apply to data that the Operator is required to retain under applicable law (in particular billing and tax documentation).

8. Acceptable Use

In particular, the following is prohibited:

• providing or storing unlawful content within the Service;
• attempting to gain unauthorized access to the Service, other Customers' data or the Operator's infrastructure, including conducting security testing without the Operator's prior written consent;
• actions that disrupt the operation of the Service, including automated bulk querying (scraping), DoS attacks or deliberately generating excessive load;
• reselling or making the Service available to third parties without the Operator's consent;
• sharing access with persons outside the Organization or circumventing the limits of the Plan;
• infringing third-party rights, including intellectual property rights and data protection laws.

In the event of a breach of the above rules, the Operator may call on the Customer to cease the breach, suspend access to the Service or terminate the agreement in accordance with Section 6.

9. Availability and Maintenance

The Operator uses reasonable efforts to keep the Service continuously available; however, standard Plans do not include a guaranteed availability level (no SLA). Planned maintenance is carried out, where possible, outside typical business hours and communicated to Administrators in advance.

The Operator may temporarily limit or suspend access to the Service in the event of a failure, a security threat or the need for urgent maintenance, while endeavouring to minimize downtime.

10. Liability

The Service is intended for businesses and is provided on a B2B basis. To the fullest extent permitted by law, the Operator's liability under statutory warranty (rękojmia) is excluded.

The Operator's total liability towards the Customer on any grounds is limited to the amount of fees paid by the Customer for the Service in the 12 months preceding the event giving rise to the damage. The Operator is not liable for lost profits or indirect damages, or for non-performance or improper performance of obligations caused by force majeure.

The above limitations do not apply to damage caused intentionally or to other cases in which limiting liability is not permitted under mandatory provisions of law. If, in a given case, the Customer qualifies as a consumer or as an entrepreneur with consumer rights, the Terms do not exclude or limit any rights such Customer has under mandatory provisions of law.

11. Changes to the Terms

The Operator may amend the Terms for valid reasons, in particular in the event of changes in the law, changes to the functionality of the Service, security considerations or organizational changes on the Operator's side.

The Operator notifies Administrators of amendments to the Terms by e-mail at least 14 days before the amendments take effect. A Customer who does not accept the amendments may terminate the agreement with effect at the end of the current Billing Period by giving notice before the amendments take effect. Continued use of the Service after that date constitutes acceptance of the amended Terms.

12. Governing Law and Dispute Resolution

The agreement and the Terms are governed by Polish law. Disputes with Customers who are not consumers are resolved by the common court having jurisdiction over the Operator's registered office.

Consumers and entrepreneurs with consumer rights may use out-of-court complaint and redress procedures. The European Commission provides an online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr/.

13. Contact and Final Provisions

The Operator can be contacted in all matters relating to the Service, including complaints, at: hello@pixelofsoftware.com. Complaints are handled within 14 days of receipt.

If any provision of the Terms proves invalid or unenforceable, this does not affect the validity of the remaining provisions. In matters not regulated by the Terms, Polish law applies, in particular the Civil Code and the Act on Providing Services by Electronic Means.