B2B Annex to the HUBAL Terms of Service

§1. Scope of Application

1. This B2B Annex (hereinafter: the "Annex") modifies the HUBAL Terms of Service (hereinafter: the "Terms of Service") solely with respect to Businesses, i.e. entities concluding a contract of a professional character (Article 22¹ of the Civil Code (Poland) a contrario; excluding sole traders with consumer rights (PNPK) — Article 385⁵ of the Civil Code (Poland)).
2. Consumers and PNPK (sole traders with consumer rights) benefit from the protection provided by law and are NOT subject to this Annex.
3. In the event of a conflict between the Terms of Service and the B2B Annex — with respect to Businesses, the Annex shall prevail.

§2. Customer Status

1. The Annex applies to a User whose contract with the Service Provider is of a professional character for that User (in particular: a purchase made under company details in connection with the subject of the company's business activity).
2. In case of doubt as to status, the status of Consumer or PNPK is assumed (broader protection). A natural person conducting business activity for whom the contract is not of a professional character may declare PNPK status at legal@hubal-project.com.

§3. Conclusion of the Contract and Acceptance

1. The B2B Annex forms an integral part of the Terms of Service with respect to Businesses — its acceptance takes place together with the acceptance of the Terms of Service.
2. The Annex is permanently available at hubal-project.com/legal/b2b.html in a manner that enables it to be obtained, reproduced and stored (e.g. saved as a PDF).

§4. Payments and Invoicing (supplement to §6 of the Terms of Service)

1. VAT invoices are issued by Paddle (Merchant of Record) in accordance with the Customer's details provided at purchase. The Customer is obliged to provide correct details (tax ID (NIP), name, address).
2. The Customer confirms that the purchase is connected with the business activity conducted by the Customer — this enables a VAT invoice to be issued in accordance with applicable law.
3. Payment term: subscriptions are paid in advance at purchase/renewal (prepaid model).

§5. No Right of Withdrawal from the Contract

1. With respect to "professional" Businesses, the 14-day withdrawal period does not apply (Article 7aa of the Act on Consumer Rights (Poland) a contrario). The subscription is indivisible and irrevocable during the paid period.
2. The Customer may at any time terminate further renewal of the subscription (cancellation of automatic renewal) — the termination takes effect at the end of the paid period.

§6. Liability (supplement to and modification of §14 of the Terms of Service)

1. Liability cap: the aggregate liability of HUBAL under the Contract and related services (including the data processing agreement, to the extent permitted by law) is limited to the amount of fees paid by the Customer during the 12 months preceding the event giving rise to the damage.
2. Exclusions of liability: to the maximum extent permitted by law, HUBAL shall not be liable for:
   • lost profits (lucrum cessans),
   • indirect, consequential or secondary damage,
   • loss of reputation, business data or opportunities,
   • interruptions to the Customer's business,
   • business decisions made on the basis of the service's outputs (including AI outputs).
3. These limitations do not apply to:
   • damage caused intentionally (Article 473 §2 of the Civil Code (Poland)),
   • obligations arising from mandatory provisions of law (e.g. GDPR).
4. Liability for AI and automations: the Customer acknowledges that the outputs of the AI Assistant are of an auxiliary nature and may contain inaccuracies (Terms of Service §12(3)). HUBAL shall not be liable for damage resulting from the direct use of AI outputs without verification, nor for the effects of automations (rules, auto-replies, agents) configured or enabled by the Customer — in this respect the Platform executes the Customer's instructions.

§7. SLA (Service Level Agreement)

1. Availability: HUBAL strives to ensure 99% availability of the Platform per calendar month, excluding scheduled maintenance windows announced 48 hours in advance.
2. Response times for reported issues:

   Priority	Definition	First response	Workaround target
   P1 — Critical	Unavailability of the entire Platform or loss/corruption of data	4 business hours	24 h
   P2 — High	A critical function does not work, a workaround exists	1 business day	5 business days
   P3 — Normal	Minor defect, low impact on work	3 business days	30 days
   P4 — Low / question	Question, suggestion, feature request	5 business days	—

3. Business hours: 9:00–17:00 CET, business days (Monday–Friday, excluding Polish public holidays).
4. Contractual penalties for failure to meet the SLA: none. The remedy is a proportional (pro-rata) refund for the period of unavailability — at the Customer's request; calculation: monthly amount × percentage of unavailability.
5. For individually negotiated plans a separate SLA is possible — contact: legal@hubal-project.com.

§8. Support

1. Channels: support@hubal-project.com (e-mail), in-app form (logged-in users).
2. Languages: Polish, English.
3. For the Free Plan, support is provided on a "best effort" basis (no guaranteed response time).
4. For paid Plans, the response times set out in §7(2) apply.

§9. Modifications, Customizations, Additional Services

1. Standard Plans do not include dedicated onboarding, a dedicated account manager, interface customization, bespoke integrations, custom reports or on-site training at the Customer's premises.
2. The above services are available as separate professional services, on the basis of a separate agreement or Statement of Work (SOW) — contact: legal@hubal-project.com.

§10. Confidentiality Clause

1. The parties undertake to keep confidential the other party's Confidential Information, i.e. all information marked as confidential or which is confidential by its nature (financial data, business plans, data of the Customer's clients).
2. The confidentiality obligation lasts 5 years after termination of the contract.
3. The obligation does not cover information that is: (a) publicly available, (b) known to a party prior to disclosure, (c) disclosed pursuant to a legal obligation (with notice to the other party, where permitted).
4. Customer Content entered into the Platform is subject to separate rules (the Data Processing Agreement (DPA) and the Privacy Policy).

§11. Security Audits

1. The Customer has the right to a single audit of HUBAL's compliance with data security rules once per year, at the Customer's expense, with 60 days' advance notice, during business hours, without disrupting HUBAL's operations.
2. HUBAL may respond to an audit by means of documented responses (e.g. a report from an independent security audit, if available) instead of a physical inspection, provided this covers the scope of the audit questions.
3. The Customer bears the costs of its own personnel/auditor. HUBAL does not bear the costs of making personnel available beyond standard support.

§12. Data Export

1. The Customer has the right to export its Customer Content at any time during the term of the contract in JSON format (structured data), CSV format (tables) and in the original file formats.
2. After termination of the contract, the Customer has 30 days to download a data export. After this period, the data is permanently deleted in accordance with the Privacy Policy and §16 of the Terms of Service.

§13. Assignment of the Contract

1. The Customer may not transfer its rights and obligations under the contract without the consent of HUBAL expressed at least in e-mail form.
2. HUBAL may transfer its rights and obligations to a subsidiary or legal successor (e.g. as a result of a transformation or acquisition) without the Customer's consent, with 30 days' notice. The Customer retains the right to terminate the contract within 30 days of the notice if it does not accept the assignment.

§14. Force Majeure

1. The parties shall not be liable for non-performance or improper performance of obligations caused by force majeure (natural disasters, wars, acts of public authority, mass failures of internet infrastructure, pandemics with restrictions, cyberattacks on third-party infrastructure).
2. The party affected by force majeure shall notify the other party without undue delay and shall make reasonable efforts to minimize the effects.
3. If the state of force majeure lasts longer than 60 days, either party may terminate the contract with 14 days' notice.

§15. Governing Law and Jurisdiction

1. Governing law: Polish law.
2. Competent court: the court having jurisdiction over the registered office of HUBAL (Jasło, Poland).
3. The parties shall endeavour to resolve disputes amicably. Mediation prior to bringing an action is optional.

§16. Miscellaneous Provisions

1. Severability: if any provision of the Annex proves to be invalid, the remaining provisions shall remain in force.
2. Entire agreement: the Terms of Service + the B2B Annex + the Pricing + the DPA constitute the entire agreement of the parties.
3. Modifications: amendments to the B2B Annex are made under the rules of §17 of the Terms of Service (amendments for important reasons, with notice and the right of termination).
4. Waiver: failure to enforce a right does not constitute a waiver of that right.
5. The Annex exists in digital form. Either party may download it and retain it as a PDF on a durable medium.

ANTONI SUROWIAK EMA STUDIO
ul. Westerplatte 6, 38-200 Jasło
NIP 6852286869 · REGON 383714040
legal@hubal-project.com