Terms of Service — Quomerce

These terms set out the rules for using Quomerce: uptime monitoring, session tracking in your shop, shop audits and the agency workspace. They are the terms and conditions for providing services by electronic means within the meaning of art. 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną). We make them available free of charge, before the contract is concluded, in a form you can download, save and print.

Two sections deserve particularly careful reading: 8 — what you must do before you start tracking your shop’s customers’ sessions, and 9 — what you allow our software to do when you order an audit.

1. Who we are

The Services are provided by Quomerce spółka z ograniczoną odpowiedzialnością, with its registered office in Łódź, ul. Henryka Sienkiewicza 85/87 lok. 1, 90-057 Łódź, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, under KRS number 0001251814, NIP (tax ID) 7252368482, REGON 545168861, share capital PLN 5,000 (“Quomerce”, “we”).

Matter	Contact
General, contracts, complaints	hello@quomerce.com
Personal data	privacy@quomerce.com
Reports of illegal content, contact for authorities (point of contact under art. 11 and 12 DSA)	legal@quomerce.com
Postal address	ul. Henryka Sienkiewicza 85/87 lok. 1, 90-057 Łódź, Poland

We answer in Polish and in English.

2. Definitions

Customer — a business (a natural person running a business, a legal person or an organisational unit with legal capacity) that has concluded the Agreement with us. A Customer can be a shop or an agency.
Agreement — the agreement for the provision of the Services concluded on the terms of these Terms and the Order.
Order — the terms agreed with us in documentary form (e.g. by e-mail) or in writing: the scope of the Services, the Plan, the price and the billing period. Accepting our offer is also an Order.
Account — the space in the app.quomerce.com application kept for a shop Customer, with its Websites, settings and data. Agency workspace — the equivalent of an Account kept for an agency.
User — a natural person whom the Customer or another authorised User has given access to an Account or an Agency workspace, in the role of owner, manager, viewer or member.
Website — an online shop or other site that the Customer has added to the Account.
Plan — the scope of the Services and the limits (e.g. the number of Websites, how often uptime is checked) set out in the Order.
Customer Data — data that the Customer or its Users enter into the Services, and data collected from its Websites by the Script.
Script — the Quomerce script installed on a Website and the Quomerce apps for shop platforms (e.g. Shopify), which send us data about the sessions of people visiting the Website.
DPA — the Data Processing Agreement, which forms part of the Agreement.

3. Services

We provide the following services (the “Services”), to the extent set out in the Order and the Plan:

Uptime monitoring — regularly checking whether the Website responds, how long the response takes and when its TLS certificate expires, with history, incidents and notifications (e-mail, webhook, Slack).
Session tracking — collecting, through the Script, data on how customers use the Website (page views, traffic sources, the purchase funnel, orders reported by the browser, technical errors, session recordings), analysing it and presenting it in reports, with alerts about problems.
Shop audit — a one-off, automated review of the Website carried out by an AI agent driving a browser, ending with a written report.
Agency workspace — a place where an agency sees its data and its team.
Programmatic access — the API, an MCP endpoint for AI assistants and sign-in for third-party applications through OAuth, limited to the data the User sees in the application.

Browsing quomerce.com and the documentation is free and requires no Agreement. Features marked “beta”, “early access” or “coming soon” are made available for testing, with no guarantee of availability, and may be changed or withdrawn.

4. Who the Services are for

The Services are intended only for businesses, in connection with their business activity. We do not conclude contracts with consumers.

Sole trader with consumer protections. If you are a natural person running a sole proprietorship and the Agreement is not of a professional nature for you, as follows in particular from the subject of your business (art. 385⁵ of the Polish Civil Code — a “przedsiębiorca na prawach konsumenta”), you are protected against unfair contract terms and have the right to withdraw from an Agreement concluded at a distance within 14 days of its conclusion, without giving a reason — a message to hello@quomerce.com is enough. If you ask us to start providing the Services before that period ends and then withdraw from the Agreement, you pay for the Services provided up to the moment of withdrawal. To the extent that any provision of these Terms would limit these rights, it does not apply to you.

5. Technical requirements

To use the application you need:

a device with internet access and a current version of Chrome, Edge, Firefox or Safari, with JavaScript and the browser’s local storage enabled;
an e-mail address for signing in and for notifications.

For session tracking you need to be able to place the Script in the Website’s code (or install the Quomerce app in a shop on a supported platform, such as Shopify). For an audit, the Website must be publicly accessible on the internet.

Using the internet carries the usual risks, such as malware, phishing and unauthorised access to an account. We never send links asking for your password. Protect your password and access tokens.

6. Conclusion of the Agreement, Account and Users

The Agreement is concluded when the Order, which refers to these Terms, is agreed; by agreeing it, the Customer accepts them. We then create the Account (or the Agency workspace) and give the named person access as its owner. There is no self-service sign-up. An Agreement for a single audit bought on quomerce.com (section 7.6) is concluded when the order is paid.
By accepting an invitation, a User confirms that they have read these Terms and the Privacy Policy. By accepting an invitation, the owner declares that they are authorised to act on behalf of the Customer.
The owner may invite further Users and give them roles: owner (everything, including Users and billing), manager (Websites and their settings), viewer (read only). The Customer is responsible for its Users’ actions as for its own, including when they are an agency’s employees.
The Account belongs to the Customer, not to a person. A User leaving does not affect the Account; the owner removes their access.
Sign-in details and tokens are confidential. If you suspect someone else is using them, change your password, revoke your tokens and write to us.
To provide support, a member of our staff may open the Account with a User’s view. Such access is limited in time, marked in the application, does not allow the password to be changed and is recorded in the Account’s activity history.

7. Fees

The price, Plan and billing period are set out in the Order. Prices are net; we add VAT under the applicable law (for businesses from other EU countries with a valid EU VAT number — reverse charge).
We issue the invoice in advance for each billing period, through the National e-Invoicing System (KSeF) where the law requires it. Payment is due within 14 days.
If you are more than 14 days late with a payment after a reminder, we may suspend the Services until payment. Suspension does not delete data.
We announce price changes for later billing periods at least 30 days in advance. If you do not agree to a change, you may terminate the Agreement before it takes effect.
A trial period or pilot, if the Order provides for one, is free and ends on the date set out in the Order.
An audit bought on quomerce.com. An audit can be bought directly on the website, at the net price shown in the price list before purchase. Payment is handled by Stripe (Stripe Payments Europe Ltd.) — we do not see or store your card details. We issue the invoice to the details given at purchase. We start the audit once the payment is booked and usually deliver the report within 2 business days; if the audit cannot be carried out for reasons on our side, we run it again or refund the money. A sole trader with consumer protections who asks for the audit to start before the withdrawal period ends loses the right to withdraw once the audit has been fully performed (art. 38(1)(1) of the Consumer Rights Act (ustawa o prawach konsumenta)) — we will ask for that explicit request before purchase.
Apps for shop platforms (e.g. in the Shopify App Store) are free. We do not sell the Services through these platforms’ app stores: you pay Quomerce directly, under the Order and this section.

8. Session tracking — your obligations

The data of people visiting your shop belongs to you. Towards them, you are the controller of the personal data, and we process it on your behalf under the DPA, which forms part of the Agreement. By installing the Script, you undertake that:

you have the right to install the Script on the Website (you own it or act with its owner’s authorisation);
you inform visitors that you use Quomerce in your privacy policy and cookie policy — a model clause is in the documentation;
you pass the visitor’s decision from the consent banner to the Script where consent is required (art. 399 of the Electronic Communications Law (Prawo komunikacji elektronicznej) and the corresponding laws of other countries). Without consent, the Script does not store a persistent identifier on the device, and such sessions do not appear in reports or recordings;
you do not pass through the Script special categories of data (e.g. about health), passwords, document numbers or full card details, and you mark fields that may contain them for masking as described in the documentation;
you do not use the Services to identify specific people, to link recordings to their identity without a legal basis, or to track people outside your Website.

The Script and the shop platform apps are designed not to break the shop, but they run in your site’s code: test them on your Website before installing them in production.

9. Shop audit

The audit is carried out by software: a browser driven by an AI agent, which visits the shop as a customer would — from the public internet, like an ordinary browser — and describes what it observed.

By ordering an audit, you confirm that you own the Website or have its owner’s authorisation. You authorise our software to:

browse the Website as a customer would, including adding products to the cart and going through checkout;
place a test order — only where the description of the audit bought expressly provides for it (e.g. a check of the right of withdrawal) — using a test e-mail inbox, and then withdraw from it as a customer would. Cancelling and refunding the test order in your system is up to you — we have no access to your back office. If a payment method is actually charged, the charge is real, so before the audit we will agree with you on an offline payment or a discount code;
take screenshots and a recording of the agent’s session.

Automated traffic may trigger the anti-bot or anti-fraud protections of the shop or the payment operator. We do not solve CAPTCHA-type protections — what cannot be passed, we describe in the report.

The report is a technical assessment, not legal advice or a certificate. It describes what our software observed on the day of the audit and, like any assessment made by an AI system, may contain errors. It is worth verifying the findings before making significant decisions based on them.

You receive the report as a link. Anyone who knows the link can open it — the identifier is random and cannot be guessed, but the link is not password-protected. We will invalidate it at your request. You may use the report freely in your own business, including passing it to an agency or a developer.

10. Rules of use

You must not provide unlawful content or use the Services in a way that is contrary to the law, good practice or these Terms. In particular, you must not:

install the Script or order an audit on a site you have no rights to;
circumvent limits, security measures or the isolation of data between Customers, test for vulnerabilities without our written consent, or disrupt the Services (including by overloading the API);
decompile or reverse-engineer the code, except to the extent permitted by law;
resell the Services or make them available to third parties as your own service without our consent (an agency may use the Services for its clients within their Accounts);
extract data from the Services in order to build a competing product.

In the event of a serious or persistent breach, we may suspend a User’s or an Account’s access, after first calling for the breach to stop, unless the breach threatens the security of the Services or of other Customers — in that case we may act immediately and will promptly explain why.

11. Integrations and third-party applications

The Services let you send data outside Quomerce: through webhooks, to Slack, through the API, and to AI assistants and other applications to which a User grants access through a token or OAuth. Such a transfer takes place on the Customer’s instruction. The Customer is responsible for choosing the provider, its terms and what it does with the data. An application’s access can be revoked at any time in the settings.

12. Data and intellectual property

Customer Data belongs to the Customer. You grant us a non-exclusive licence to process it only to the extent needed to provide the Services. We do not sell it and do not use it to train AI models.
We may use aggregated and anonymous statistics from the operation of the Services (e.g. what share of audited shops has a given problem) from which no Customer, Website or person can be identified.
The software, the application, the Script, the documentation and the Quomerce marks belong to us. For the term of the Agreement we grant you a non-exclusive, non-transferable licence to use them to the extent needed to use the Services, and you may place the Script on your Websites.
We may use comments and suggestions you send us without any obligation to you.

13. Availability and changes to the Services

We take care to keep the Services running, but we do not guarantee their uninterrupted availability unless the Order says otherwise. We try to announce planned work that may affect the Services in advance.

We develop the Services and may change their features. If a change significantly limits a feature you have paid for, we will tell you at least 30 days in advance, and you may terminate the Agreement and receive a refund of the fee for the unused period.

14. Liability

Nothing in these Terms excludes liability for damage caused intentionally or any other liability that the law does not allow to be excluded.
Subject to that, we are not liable for lost profits, lost revenue or indirect damage, and our total liability to the Customer under the Agreement is limited to the fees paid by the Customer for the 12 months preceding the event causing the damage, or, where the Services are free, to PLN 500.
We are not liable for the consequences of: decisions made solely on the basis of an audit report without verifying it; a test order placed under the authorisation in section 9; installing the Script in breach of section 8; the operation of third-party services chosen by the Customer (section 11); or network and infrastructure failures for which we are not responsible.
The limitations in this section do not apply to a sole trader with consumer protections to the extent that they would be unfair towards them.

15. Complaints

Send a complaint about the Services to hello@quomerce.com or by post to the address in section 1. Describe the problem, name the Account or Website and say what you expect. We will reply within 14 days of receiving the complaint, in the same form in which it was made, unless you ask for another.

16. Reporting illegal content

If you believe the Services contain illegal content (e.g. an audit report shared in breach of the law), report it to legal@quomerce.com. The report should include a justification, the exact location of the content (URL), your name and e-mail address (unless the report concerns child sexual abuse) and a statement that you are reporting in good faith. We will confirm receipt of the report, consider it without undue delay and inform you of our decision and how to challenge it. The same address is the point of contact for the authorities of the Member States, the European Commission and the European Board for Digital Services, and for recipients of the service (art. 11 and 12 of Regulation (EU) 2022/2065 — the Digital Services Act), in Polish or English.

17. Term, termination and switching providers

The Agreement is concluded for the term set out in the Order or, if none is set out, for an indefinite term.
Either party may terminate an Agreement for an indefinite term with one month’s notice, effective at the end of the billing period. The notice period never exceeds two months.
We may terminate the Agreement with immediate effect if the Customer seriously breaches the Terms and does not stop despite being called on to do so, or is more than 30 days late with a payment.
Switching providers and data export (Chapter VI of Regulation (EU) 2023/2854 — the Data Act). You may at any time request that Customer Data be transferred to you or to another provider. Once you make the request, a transitional period of 30 days begins, during which we continue to provide the Services, help with the transfer and make Customer Data available in a structured, commonly used and machine-readable format (CSV or JSON: Websites and settings, uptime history and incidents, sessions, events, errors, orders; audit reports as a JSON file). We export session recordings in the rrweb event format, for as long as they are still stored. We charge no fees for switching providers or for exports.
After the Agreement ends, you have 30 days to download your data, after which we delete it in accordance with the DPA and the Privacy Policy. We keep invoices for the period required by tax law.

18. Changes to the Terms

We may change these Terms for important reasons: changes in the law, decisions of authorities, changes to the Services or how they are provided, or security considerations. We announce a change by e-mail to Account owners and on this page at least 14 days before it takes effect (30 days if the change is unfavourable to the Customer). If you do not agree to it, you may terminate the Agreement before that date, effective on the day before the change takes effect. Changes favourable to the Customer or required by law may take effect sooner. Agreements concluded before the change are governed by the previous version until the day the change takes effect.

19. Governing law and disputes

The Agreement is governed by Polish law. Disputes are resolved by the court with jurisdiction over Quomerce’s registered office, except for disputes with a sole trader with consumer protections, to which the general rules on jurisdiction apply. Before you go to court, write to us — most matters can be cleared up quickly.

20. Final provisions

Matters not covered here are governed by Polish law, in particular the Civil Code and the Act on Providing Services by Electronic Means.
In the event of a conflict, the Order takes precedence over these Terms, and the DPA takes precedence over these Terms in matters of personal data protection.
If any provision turns out to be invalid, the remaining provisions continue to apply.
The Customer may not transfer rights under the Agreement without our consent. We may transfer them if the business or part of it is transferred, and we will let you know.
The following also form part of the Agreement: the Privacy Policy, the Cookie Policy, the Data Processing Agreement and the list of subprocessors.
These Terms are available in Polish and English. In the event of any discrepancy, the Polish version prevails.